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SECTION 1. CONVEYANCE OF PROPERTY TO THE TANANA TRIBAL COUNCIL. (a) Conveyance of Property.-- (1) In general.--As soon as practicable, but not later than 180 days, after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this Act as the ``Secretary'') shall convey to the Tanana Tribal Council located in Tanana, Alaska (referred to in this section as the ``Council''), all right, title, and interest of the United States in and to the property described in subsection (b) for use in connection with health and social services programs. (2) Effect on any quitclaim deed.--The conveyance by the Secretary of title by warranty deed under this subsection shall, on the effective date of the conveyance, supersede and render of no future effect any quitclaim deed to the property described in subsection (b) executed by the Secretary and the Council. (3) Conditions.--The conveyance of the property under this section-- (A) shall be made by warranty deed; and (B) shall not-- (i) require any consideration from the Council for the property; (ii) impose any obligation, term, or condition on the Council; or (iii) allow for any reversionary interest of the United States in the property. (b) Property Described.--The property, including all land, improvements, and appurtenances, described in this subsection is the property included in U.S. Survey No. 5958, Lot 12, in the village of Tanana, Alaska, within surveyed Township 4N, Range 22W, Fairbanks Meridian, Alaska, containing 11.25 acres. (c) Environmental Liability.-- (1) Liability.-- (A) In general.--Notwithstanding any other provision of law, the Council shall not be liable for any soil, surface water, groundwater, or other contamination resulting from the disposal, release, or presence of any environmental contamination on any portion of the property described in subsection (b) on or before the date on which the property is conveyed to the Council. (B) Environmental contamination.--An environmental contamination described in subparagraph (A) includes any oil or petroleum products, hazardous substances, hazardous materials, hazardous waste, pollutants, toxic substances, solid waste, or any other environmental contamination or hazard as defined in any Federal or State of Alaska law. (2) Easement.--The Secretary shall be accorded any easement or access to the property conveyed under this section as may be reasonably necessary to satisfy any retained obligation or liability of the Secretary. (3) Notice of hazardous substance activity and warranty.-- In carrying out this section, the Secretary shall comply with subparagraphs (A) and (B) of section 120(h)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)(3)). SEC. 2. CONVEYANCE OF PROPERTY TO THE BRISTOL BAY AREA HEALTH CORPORATION. (a) Conveyance of Property.-- (1) In general.--As soon as practicable, but not later than 180 days, after the date of enactment of this Act, the Secretary shall convey to the Bristol Bay Area Health Corporation located in Dillingham, Alaska (referred to in this section as the ``Corporation''), all right, title, and interest of the United States in and to the property described in subsection (b) for use in connection with health and social services programs. (2) Effect on any quitclaim deed.--The conveyance by the Secretary of title by warranty deed under this subsection shall, on the effective date of the conveyance, supersede and render of no future effect any quitclaim deed to the property described in subsection (b) executed by the Secretary and the Corporation. (3) Conditions.--The conveyance of the property under this section-- (A) shall be made by warranty deed; and (B) shall not-- (i) require any consideration from the Corporation for the property; (ii) impose any obligation, term, or condition on the Corporation; or (iii) allow for any reversionary interest of the United States in the property. (b) Property Described.--The property, including all land, improvements, and appurtenances, described in this subsection is the property included in Dental Annex Subdivision, creating tract 1, a subdivision of Lot 2 of U.S. Survey No. 2013, located in Section 36, Township 13 South, Range 56 West, Seward Meridian, Bristol Bay Recording District, Dillingham, Alaska, according to Plat No. 2015-8, recorded on May 28, 2015, in the Bristol Bay Recording District, Dillingham, Alaska, containing 1.474 acres more or less. (c) Environmental Liability.-- (1) Liability.-- (A) In general.--Notwithstanding any other provision of law, the Corporation shall not be liable for any soil, surface water, groundwater, or other contamination resulting from the disposal, release, or presence of any environmental contamination on any portion of the property described in subsection (b) on or before the date on which the property is conveyed to the Corporation. (B) Environmental contamination.--An environmental contamination described in subparagraph (A) includes any oil or petroleum products, hazardous substances, hazardous materials, hazardous waste, pollutants, toxic substances, solid waste, or any other environmental contamination or hazard as defined in any Federal or State of Alaska law. (2) Easement.--The Secretary shall be accorded any easement or access to the property conveyed under this section as may be reasonably necessary to satisfy any retained obligation or liability of the Secretary. (3) Notice of hazardous substance activity and warranty.-- In carrying out this section, the Secretary shall comply with subparagraphs (A) and (B) of section 120(h)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)(3)).	This bill directs the Department of Health and Human Services (HHS) to convey to the Tanana Tribal Council in Tanana, Alaska, all interest of the United States in and to certain property (including all land, improvements, and appurtenances) containing 11.25 acres, in the village of Tanana for use in connection with health and social services programs. HHS shall convey to the Bristol Bay Area Health Corporation in Dillingham, Alaska, all interest of the United States in and to certain property included in the Dental Annex Subdivision (including all land, improvements, and appurtenances) containing 1.474 acres more or less, also for use in connection with health and social services programs. Neither the Tanana Tribal Council nor the Corporation shall be liable for soil, surface water, groundwater, or other contamination resulting from the disposal, release, or presence of environmental contamination, including oil or petroleum products, or hazardous substances on any of the properties.
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Citizen Debt Reduction Contribution Act''. (b) Table of Contents.-- Sec. 1. Short title; table of contents. Sec. 2. Sense of the Congress. Sec. 3. Income tax refunds. Sec. 4. Donation of social security benefits for purposes of reducing the Federal deficit. Sec. 5. Donation of military retirement benefits for purposes of reducing the Federal deficit. Sec. 6. Donation of veterans' disability compensation for purposes of reducing the Federal deficit. Sec. 7. Budgetary treatment of savings resulting from this Act. SEC. 2. SENSE OF THE CONGRESS. It is the sense of the Congress that any budget savings resulting from this Act should be used solely to reduce net Government spending. Congress appreciates and respects the contributions made by citizens participating in the programs authorized by this Act, and shares their concerns at excessive Government spending. SEC. 3. INCOME TAX REFUNDS. (a) General Rule.--Subchapter A of chapter 61 of the Internal Revenue Code of 1986 (relating to returns and records) is amended by adding at the end the following new part: ``PART IX--DESIGNATION OF INCOME TAX OVERPAYMENTS TO BE USED TO REDUCE PUBLIC DEBT ``Sec. 6097. Designation of income tax overpayments. ``SEC. 6097. DESIGNATION OF INCOME TAX OVERPAYMENTS. ``(a) General Rule.--Every taxpayer who makes a return of the tax imposed by chapter 1 for any taxable year may designate that a specified portion (not less than $1) of any overpayment of tax for such taxable year shall be used to reduce the public debt of the United States. ``(b) Manner and Time of Designation.--Any designation under subsection (a) for any taxable year shall be made-- ``(1) at the time of filing the return of the tax imposed by chapter 1 for such taxable year, and ``(2) in such manner as the Secretary may by regulation prescribe, except that such designation shall be made either on the first page of the return or on the page bearing the taxpayer's signature. ``(c) Treatment of Amounts Designated.--For purposes of this title, the amount designated by any taxpayer under subsection (a)-- ``(1) shall be treated as being refunded to such taxpayer as of the last date prescribed for filing the return of tax imposed by chapter 1 (determined without regard to extensions) or, if later, the date the return is filed, and ``(2) shall be treated as a contribution made by such taxpayer on such date to the United States.'' (b) Transfer of Designated Amounts For Deficit Reduction.--The Secretary of the Treasury shall, from time to time, transfer to the special account described in section 3113(d) of title 31, United States Code, the amounts designated under section 6097 of the Internal Revenue Code of 1986 to be used to reduce the public debt of the United States. (c) Clerical Amendment.--The table of parts for subchapter A of chapter 61 of such Code is amended by adding at the end the following new item: ``Part IX. Designation of income tax overpayments to be used to reduce public debt.'' (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1995. SEC. 4. DONATION OF SOCIAL SECURITY BENEFITS FOR PURPOSES OF REDUCING THE FEDERAL DEFICIT. Section 201(i) of the Social Security Act (42 U.S.C. 401(i)) is amended-- (1) in paragraph (1), by inserting ``(A)'' after ``(1)''; (2) in paragraph (2), by striking ``paragraph (1)'' and inserting ``subparagraph (A)'', and by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (3) by redesignating paragraph (2) as subparagraph (B); and (4) by adding at the end the following new paragraph: ``(2)(A) The Commissioner of Social Security shall establish a program under which recipients of monthly insurance benefits under this title may elect to have the Commissioner, in lieu of certification of payment of benefits to the recipient pursuant to section 205(i), certify to the Managing Trustee that all or a designated portion of such benefits be transferred to the general fund of the Treasury as a gift which the Managing Trustee is authorized, as Secretary of the Treasury, to accept as a gift under subsection (a)(1)(A) of section 3113 of title 31, United States Code (relating to accepting gifts for reducing the public debt). ``(B) Amounts to which an election under subparagraph (A) applies shall not be includible in gross income for purposes of the Internal Revenue Code of 1986. No deduction shall be allowed under such Code with respect to any amount which is not includible in gross income by reason of the preceding sentence.'' SEC. 5. DONATION OF MILITARY RETIREMENT BENEFITS FOR PURPOSES OF REDUCING THE FEDERAL DEFICIT. (a) In General.--Chapter 71 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 1413. Donations for purposes of reducing the public debt ``(a) The Secretary concerned shall establish a program under which a member or former member of the armed forces under the jurisdiction of the Secretary who is entitled to receive retired or retainer pay may elect that all or a designated portion of such pay for any month be transferred to the general fund of the Treasury as a gift to reduce the public debt. Any such election may be revoked at any time. ``(b) For any month for which an election under subsection (a) is in effect, the Secretary concerned shall withhold from the retired or retainer pay of the person making the election the amount designated by that person in such election and shall transfer the amount so withheld to the Secretary of the Treasury. ``(c) The Secretary of the Treasury is authorized to accept any amount transferred to the Secretary under this section as a gift under subsection (a)(1)(A) of section 3113 of title 31 (relating to accepting gifts for reducing the public debt). ``(d) Amounts to which an election under subsection (a) applies shall not be includible in gross income for purposes of the Internal Revenue Code of 1986. No deduction shall be allowed under such Code with respect to any amount which is not includible in gross income by reason of the preceding sentence.'' (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``1413. Donations for purposes of reducing the public debt.''. SEC. 6. DONATION OF VETERANS' DISABILITY COMPENSATION FOR PURPOSES OF REDUCING THE FEDERAL DEFICIT. (a) In General.--Chapter 53 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 5320. Donations of compensation for purposes of reducing the public debt ``(a) The Secretary shall establish a program under which a veteran who is entitled to compensation may elect that all or a designated portion of such compensation for any month be transferred to the general fund of the Treasury as a gift to reduce the public debt. Any such election may be revoked at any time. ``(b) For any month for which an election under subsection (a) is in effect, the Secretary shall withhold from the compensation payable to the veteran making the election the amount designated by the veteran in such election and shall transfer the amount so withheld to the Secretary of the Treasury. ``(c) The Secretary of the Treasury is authorized to accept any amount transferred to the Secretary under this section as a gift under subsection (a)(1)(A) of section 3113 of title 31 (relating to accepting gifts for reducing the public debt). ``(d) Amounts to which an election under subsection (a) applies shall not be includible in gross income for purposes of the Internal Revenue Code of 1986. No deduction shall be allowed under such Code with respect to any amount which is not includible in gross income by reason of the preceding sentence.'' (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``5320. Donations of compensation for purposes of reducing the public debt.''. SEC. 7. BUDGETARY TREATMENT OF SAVINGS RESULTING FROM THIS ACT. Savings resulting from the enactment of this Act shall not be considered for purposes of estimates made for this Act under section 252(d) of the Balanced Budget and Emergency Deficit Control Act of 1985.	Citizen Debt Reduction Contribution Act - Provides that individuals otherwise entitled to receive payments from the Federal Government may specify that a portion of those payments be used for deficit reduction. Expresses the sense of the Congress that any budget savings resulting from this Act should be used solely to reduce net Government spending. Amends the Internal Revenue Code to allow taxpayers to designate a specified portion (not less than $1) of their income tax overpayments to be used to reduce U.S. public debt. Amends the Social Security Act to direct the Commissioner of Social Security to establish a program to allow recipient donation, by way of designation for transfer to the general fund of the Treasury, of certain social security benefit payments to reduce the public debt. Amends Federal law relating to military personnel to provide for a program of allowing members or former members of the armed forces to donate designated portions of their military retirement benefits to reduce the public debt. Amends Federal law relating to veterans to provide for a program of allowing veterans to donate designated portions of their veterans' disability compensation to reduce the public debt. Provides that savings resulting from the enactment of this Act shall not be considered for purposes of estimates made for this Act under specified provisions of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings).
SECTION 1. PLANS TO ADDRESS NEEDS OF FAMILIES OF PASSENGERS INVOLVED IN FOREIGN AIR CARRIER ACCIDENTS. (a) In General.--Chapter 413 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 41313. Plans to address needs of families of passengers involved in foreign air carrier accidents ``(a) Definitions.--In this section, the following definitions apply: ``(1) Aircraft accident.--The term `aircraft accident' means any aviation disaster, regardless of its cause or suspected cause, that occurs within the United States; and ``(2) Passenger.--The term `passenger' includes an employee of a foreign air carrier or air carrier aboard an aircraft. ``(b) Submission of Plans.--A foreign air carrier providing foreign air transportation under this chapter shall transmit to the Secretary of Transportation and the Chairman of the National Transportation Safety Board a plan for addressing the needs of the families of passengers involved in an aircraft accident that involves an aircraft under the control of the foreign air carrier and results in a significant loss of life. ``(c) Contents of Plans.--To the extent permitted by foreign law which was in effect on the date of the enactment of this section, a plan submitted by a foreign air carrier under subsection (b) shall include the following: ``(1) Telephone number.--A plan for publicizing a reliable, toll-free telephone number and staff to take calls to such number from families of passengers involved in an aircraft accident that involves an aircraft under the control of the foreign air carrier and results in a significant loss of life. ``(2) Notification of families.--A process for notifying, in person to the extent practicable, the families of passengers involved in an aircraft accident that involves an aircraft under the control of the foreign air carrier and results in a significant loss of life before providing any public notice of the names of such passengers. Such notice shall be provided by using the services of-- ``(A) the organization designated for the accident under section 1136(a)(2); or ``(B) other suitably trained individuals. ``(3) Notice provided as soon as possible.--An assurance that the notice required by paragraph (2) shall be provided as soon as practicable after the foreign air carrier has verified the identity of a passenger on the foreign aircraft, whether or not the names of all of the passengers have been verified. ``(4) List of passengers.--An assurance that the foreign air carrier shall provide, immediately upon request, and update a list (based on the best available information at the time of the request) of the names of the passengers aboard the aircraft (whether or not such names have been verified), to-- ``(A) the director of family support services designated for the accident under section 1136(a)(1); and ``(B) the organization designated for the accident under section 1136(a)(2). ``(5) Consultation regarding disposition of remains and effects.--An assurance that the family of each passenger will be consulted about the disposition of any remains and personal effects of the passenger that are within the control of the foreign air carrier. ``(6) Return of possessions.--An assurance that, if requested by the family of a passenger, any possession (regardless of its condition) of that passenger that is within the control of the foreign air carrier will be returned to the family unless the possession is needed for the accident investigation or a criminal investigation. ``(7) Unclaimed possessions retained.--An assurance that any unclaimed possession of a passenger within the control of the foreign air carrier will be retained by the foreign air carrier for not less than 18 months after the date of the accident. ``(8) Monuments.--An assurance that the family of each passenger will be consulted about construction by the foreign air carrier of any monument to the passengers built in the United States, including any inscription on the monument. ``(9) Equal treatment of passengers.--An assurance that the treatment of the families of nonrevenue passengers will be the same as the treatment of the families of revenue passengers. ``(10) Service and assistance to families of passen- gers.--An assurance that the foreign air carrier will work with any organization designated under section 1136(a)(2) on an ongoing basis to ensure that families of passengers receive an appropriate level of services and assistance following an accident. ``(11) Compensation to service organizations.--An assurance that the foreign air carrier will provide reasonable compensation to any organization designated under section 1136(a)(2) for services and assistance provided by the organization. ``(12) Travel and care expenses.--An assurance that the foreign air carrier will assist the family of any passenger in traveling to the location of the accident and provide for the physical care of the family while the family is staying at such location. ``(13) Resources for plan.--An assurance that the foreign air carrier will commit sufficient resources to carry out the plan. ``(14) Substitute measures.--If a foreign air carrier does not wish to comply with paragraph (10), (11), or (12), a description of proposed adequate substitute measures for the requirements of each paragraph with which the foreign air carrier does not wish to comply. ``(d) Permit and Exemption Requirement.--The Secretary shall not approve an application for a permit under section 41302 unless the applicant has included as part of the application or request for exemption a plan that meets the requirements of subsection (c). ``(e) Limitation on Liability.--A foreign air carrier shall not be liable for damages in any action brought in a Federal or State court arising out of the performance of the foreign air carrier in preparing or providing a passenger list pursuant to a plan submitted by the foreign air carrier under subsection (c), unless the liability was caused by conduct of the foreign air carrier which was grossly negligent or which constituted intentional misconduct.''. (b) Conforming Amendment.--The table of sections for such chapter is amended by adding at the end the following: ``41313. Plans to address needs of families of passengers involved in foreign air carrier accidents.''. (c) Effective Date.--The amendments made by this section shall take effect on the 180th day following the date of the enactment of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.	Amends Federal transportation law to require foreign air carriers to transmit to the Secretary of Transportation and the Chairman of the National Transportation Safety Board a plan for addressing the needs of families of passengers involved in aircraft accidents involving foreign air carriers and a significant loss of life. Requires such a plan to include: (1) publicizing a reliable, toll-free telephone number and staff to take calls from families of passengers involved in such an accident; (2) a process for notifying such families as soon as possible, and in person to the extent practicable, before providing any public notice of the passengers' names; (3) an assurance that each passenger's family will be consulted about the disposition of any remains and personal effects (including return to the family) within the foreign air carrier's control; (4) an assurance of retention by the foreign air carrier of unclaimed possessions for at least 18 months; and (5) an assurance of other specified services. Makes inclusion of such a plan in the application for a foreign air transportation permit, or request for exemption from the requirement of a permit, a condition for approval. Declares that a foreign air carrier shall not be liable for damages in any action brought in a Federal or State court arising out of the foreign air carrier's performance in preparing or providing a passenger list pursuant to such a plan, unless the liability was caused by any conduct of the carrier which was grossly negligent or which constituted intentional misconduct.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Quadrennial Foreign Affairs Review Act''. SEC. 2. QUADRENNIAL FOREIGN AFFAIRS REVIEW. (a) Findings.--Congress finds the following: (1) The Department of State, established in 1789, is responsible for representing the worldwide interests of the United States and for advancing the policies of the United States. (2) The Department operates over 250 posts in more than 180 countries throughout the world and has approximately 30,000 personnel. (3) There have been dramatic changes in the world in which the Department must function, including changes in technology, changes in religious, ethnic, and regional conflicts, and changes in economic, political, and military relationships. Moreover, the world has witnessed the spread of weapons of mass destruction and the spread of terrorism. Yet, there has been little change in the diplomatic strategy and structure of the Department or of its posts throughout the world. (4) The Department and all United States diplomatic efforts should be the subject of a quadrennial review to determine how the Department can best fulfill its mission and meet the challenges of a changing world. (b) Quadrennial Review.--Not later than September 30 of 2010 and every four years thereafter, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and to the Committee on Foreign Relations of the Senate a comprehensive examination of the diplomatic strategy and structure, foreign assistance programs, budget plans, personnel decisions, and public diplomacy plans of the Department of State and its related agencies to determine the foreign affairs strategy of the United States to best meet the challenges of a changing world, together with the response report required under subsection (c)(2). Such comprehensive examination shall be referred to as a ``quadrennial review''. (c) Involvement of National Foreign Affairs Panel.-- (1) Submission of review to panel.--Not later than July 30 of the year in which a quadrennial review is conducted, the Secretary of State shall submit to a National Foreign Affairs Panel (in this Act referred to as the ``Panel''), established in accordance with section 3, a copy of such quadrennial review. (2) Response report.--Not later than August 30 of the year in which a quadrennial review is submitted to a Panel under paragraph (1), such Panel shall submit to the Secretary a report responding to the findings, conclusions, and recommendations of such quadrennial review. (d) Contents of Quadrennial Review.--The quadrennial review shall include the following information: (1) A review of the current structures of the Department of State and its related agencies, including the organization, staffing, and operation of United States embassies and consulates abroad, to determine how best to efficiently and effectively represent the interests of the United States throughout the world and advance the policies of the United States. (2) A review of the level of cooperation and degree of integration of the Department of State with other Federal departments and agencies, including the Department of Defense, the Department of Homeland Security, the Department of the Treasury, the Department of Commerce, the Office of the United States Trade Representative, the Agency for International Development, the Drug Enforcement Agency, and the elements of the intelligence community. (3) Recommendations related to how best to meet the anticipated roles and missions of such departments and agencies in the future. (4) A review of the efforts of the Department of State with respect to public diplomacy and any recommendations for changes or modifications in public diplomacy initiatives or programs in order to improve performance. (5) An examination of the assumptions used in the quadrennial review by the Secretary, including assumptions relating to cooperation between the Department and other Federal departments and agencies, communication with allies, levels of risk, real-time situational awareness, and immediate communication within the Department. (6) An examination of the forward presence and pre- positioning necessary for the Department to engage in negotiation and conflict deterrence in response to anticipated threats and conflicts. (7) An examination of the process of how the Department develops scenarios that may require a Department response, and recommendations for improving this process to incorporate nontraditional threat planning scenarios and input from other Federal departments and agencies and nongovernmental organizations. SEC. 3. NATIONAL FOREIGN AFFAIRS PANEL. (a) Establishment.--Not later than December 1 of the year immediately preceding the year in which a quadrennial review is conducted, the Secretary of State shall establish a nonpartisan, independent panel to be known as a National Foreign Affairs Panel. (b) Membership.-- (1) In general.--A Panel shall be composed of a chairperson and eight other individuals appointed by the Secretary, in consultation with the chairman and ranking member of the Committee on Foreign Affairs of the House of Representatives and the chairman and ranking member of the Committee on Foreign Relations of the Senate, from among individuals in the private sector who are recognized experts in matters relating to the foreign affairs and diplomacy interests of the United States. (2) Quorum.--Five members of a Panel shall constitute a quorum. (c) Duties.--A Panel shall submit to the Secretary the response report required under section 2(c)(2). (d) Information From Federal Agencies.--A Panel may secure from the Department of State and its related agencies and from any other Federal department or agency such information as such Panel considers necessary to carry out its duties under this Act. The head of the department or agency concerned shall ensure that information requested by such Panel under this subsection is promptly provided to such Panel. (e) Personnel Matters.-- (1) Compensation of members.--Each member of a Panel shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of such Panel. (2) Travel expenses.--Members of a Panel shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for such Panel. (3) Executive director and staff.--Without regard to the civil service laws and regulations, the chairperson of a Panel may appoint and terminate an Executive Director and a staff of not more than four additional individuals, none of whom may be current employees of the Department of State or members of the Foreign Service, if such Panel determines that an executive director and staff are necessary in order for such Panel to perform its duties effectively. The employment of an Executive Director shall be subject to confirmation by a majority of members of such Panel. (4) Compensation of executive director.--The chairperson may fix the compensation of the Executive Director, if one is appointed pursuant to paragraph (3), without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the Executive Director may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (5) Detail of government employees.--An employee of the Federal Government may be detailed to a Panel without reimbursement, and such detail shall be without interruption or loss of civil or foreign service status or privilege with respect to such employee. The Secretary shall ensure that a sufficient number of employees are detailed to a Panel to enable such Panel to carry out its duties effectively. (6) Travel conditions.--To the maximum extent practicable, the members and employees of a Panel shall travel on Government aircraft, ships, vehicles, or other conveyances when travel is necessary in the performance of the duties of such Panel, except that no such aircraft, ship, vehicle, or other conveyance may be scheduled primarily for the transportation of any such member or employee when the cost of commercial transportation is less expensive. (f) Administrative Provisions.-- (1) Use of the mails.--A Panel may use the United States mails and obtain printing and binding services in the same manner and under the same conditions as other departments and agencies of the Federal Government. (2) Administrative and support services.--The Secretary of State shall furnish a Panel with any administrative and support services requested by such Panel. (3) Gifts and donations.--A Panel may accept, use, and dispose of gifts or donations of services or property. (g) Payment of Panel Expenses.--The compensation, travel expenses, and per diem allowances of members and employees of a Panel shall be paid out of funds made available to the Department of State for the payment of compensation, travel allowances, and per diem allowances, respectively, of civilian employees of the Department. Any other expenses of a Panel shall be paid out of funds made available to the Department for the payment of similar expenses incurred by the Department. (h) Sunset Provision.--A Panel shall terminate 30 days after the submission of the response report required under section 2(c)(2).	Quadrennial Foreign Affairs Review Act - Directs: (1) the Secretary of State to submit every four years to the House Committee on Foreign Affairs and the Senate Committee on Foreign Relations a quadrennial foreign affairs and Department of State review; and (2) the Foreign Affairs Panel to submit to the Secretary a report responding to such review. Directs the Secretary to establish every four years a nonpartisan independent National Foreign Affairs Panel, which shall terminate 30 days after submission of its report.
SECTION 1. CONSERVATION FLEX PROGRAM OPTION. (a) Establishment of Program.--The Agricultural Act of 1949 is amended by inserting after section 115 (7 U.S.C. 1445k) the following new section: ``SEC. 116. CONSERVATION FLEX PROGRAM OPTION. ``(a) Establishment.--The Secretary shall establish a voluntary conservation flex program option to assist producers of agricultural commodities in adopting integrated, site-specific farm management plans through the reduction of farm program barriers to resource stewardship practices and systems. ``(b) Definitions.--For the purposes of this section: ``(1) The term `program' means the conservation flex program option established under this section. ``(2) The term `plan' means a site-specific farm management plan prepared by the producer and approved by the Secretary. ``(3) The term `alternative crops' means experimental and industrial crops which conserve soil and water. ``(4) The term `breeding cattle' means bulls, dams, and heifers held solely for the production of calves, but shall not include weaned calves being grown for slaughter or dairy cattle. ``(5) The term `legume' means any legume, including alfalfa, clover, lentils, lupine, medic, peas, soybeans, and vetch grown for use as a forage, green manure, or biomass feedstock, but not including any pulse crop from which the seeds are harvested and sold for purposes other than use as seed for planting. ``(6) The term `resource-conserving crop' means legumes, grasses, brassica cover crops and forages, alternative crops, any interseeded or relay-planted combination of such crops, any interseeded or relay-planted combination of such crops and small grains, and such other crops as the Secretary may designate. ``(7) The term `resource-conserving crop rotation' means a crop rotation which includes at least one resource-conserving crop and that reduces erosion, maintains or improves soil fertility, tilth and structure, interrupts pest cycles, or conserves water. ``(8) The term `rotational grazing' means planting forage, dividing pastures into paddocks, and using grazing rotations to increase forage quality and production, improve vegetative cover, and reduce sediment and nutrient runoff. ``(9) The term `small grains' means any small grain, including barley, buckwheat, oats, rye, spelt, and triticale, but not including wheat, except for wheat grown for nonhuman consumption. ``(10) The term `special conservation practices' means field borders, contour grass strips, grass waterways, filter strips, grass windbreaks, buffer areas, wildlife habitat plantings, habitat plantings for beneficial organisms that aid in the control of pests, and such other practices as the Secretary may designate. ``(c) Eligible Producers.--To be eligible to participate in the program, a producer must prepare and submit to the Secretary for approval a site-specific farm management plan, which may at the producer's option be integrated with any conservation plan developed pursuant to section 1212 of the Food Security Act of 1985 (16 U.S.C. 3812) and any other conservation or natural resource plan required for producer participation in any program within the jurisdiction of the Secretary. ``(d) Agreements.--Upon the approval of a plan submitted by a producer under subsection (c), the Secretary shall enter into an agreement with the producer that specifies the crop acreage bases being enrolled in the program. The agreement shall be for a period of not less than one year, nor more than seven years, as determined by the producer. The agreement may be renewed upon the mutual agreement of the Secretary and the producer. ``(e) Producer Responsibilities Under Agreement.--Under the terms of an agreement entered into under subsection (d), a producer shall agree-- ``(1) to actively comply with the terms and conditions of the applicable plan, as approved by the Secretary; ``(2) to devote to a resource-conserving crop-- ``(A) not less than 15 percent of the crop acreage bases of the producer enrolled under such program; or ``(B) not less than 15 percent of the producer's total crop acres, if the sum of resource-conserving crop acres on non-base acres and total crop acreage bases on the farm does not exceed the county average base-to-cropland ratio; and ``(3) to keep such records as the Secretary may reasonably require for purposes of program evaluation. ``(f) Requirements of the Plan.--To be approved by the Secretary, a plan submitted by a producer must-- ``(1) specify the crop acreage bases the producer chooses to enroll in the program; ``(2) describe the resource-conserving crop rotation, special conservation practices, rotational grazing, or biomass production operations and practices to be implemented and maintained on such acreage during the agreement period which fulfill the purposes of the program; ``(3) contain a schedule for the implementation, improvement and maintenance of the resource-conserving crop rotation, special conservation practices, rotational grazing, or biomass operations and practices described in the plan; and ``(4) contain such other terms as the Secretary may require. ``(g) Program Administration, Certification, and Termination.-- ``(1) Program administration, technical assistance, and flexibility.-- ``(A) Administration.--The program shall be administered by the Secretary. ``(B) Technical assistance.--In administering the program, the Secretary, in consultation with the local conservation districts and any State or local authorities deemed appropriate by the Secretary, shall provide technical assistance to a producer in developing and implementing a plan, evaluating the effectiveness of a plan, and assessing the costs and benefits of farming operations and practices. If requested by a producer, the Secretary shall provide technical assistance to help the producer comply with Federal, State, and local requirements designed to protect soil, wetlands, wildlife habitat, the quality of ground water and surface water, or other natural resources. ``(C) Flexibility.--In administering the program, the Secretary shall provide sufficient flexibility for a producer to revise the producer's plan to respond to changes in market conditions, weather, or technology or to adjust and modify the farming operation, except that such revisions must be consistent with the purposes of the program and approved by the Secretary. ``(2) Certification.--The Secretary shall certify producer compliance with the terms and conditions of the plan. ``(3) Termination.--The Secretary may terminate an agreement entered into with a producer under this program if-- ``(A) the producer agrees to such termination; or ``(B) the producer violates the terms and conditions of such agreement. ``(h) Program Rules.-- ``(1) Base and yield protection.--Notwithstanding any other provision of law, the Secretary shall not reduce crop acreage bases or farm program payment yields as a result of the planting of a resource-conserving crop. ``(2) Payment acres.--Notwithstanding any other provision of law, the Secretary shall not reduce any farm program loans, payments, or benefits of a program participant as a result of the planting of a resource-conserving crop. ``(3) Payment rate.--Notwithstanding any other provision of law, the Secretary shall provide deficiency payments on resource-conserving crop acreage eligible for payments at a rate not less than the projected deficiency payment rate, as determined and announced each year by the Secretary prior to the period during which producers may agree to participate in the program. ``(4) Payment acre protection.--Notwithstanding any other provision of law, the Secretary shall not reduce the payment acres or the established price for a program participant who has entered into an agreement with the Secretary for a fixed period of time. ``(5) Resource-conserving crops on normal flex acreage.-- Acreage devoted to resource-conserving crops under this program may, at the discretion of the producer, be designated as normal flex acreage. ``(6) Adjustments in production adjustment requirements.-- Notwithstanding any other provision of law, the Secretary shall make fair and equitable adjustments in acreage limitation requirements applicable to a producer participating in the program giving due consideration to crop rotation, special conservation practices, rotational grazing, biomass production, and other appropriate factors resulting from the implementation of a plan. If the Secretary determines that the reduction in program crop production on a participating farm referred to in the preceding sentence will equal or exceed any reduction in crop production which, in the absence of participation in the program, would occur as a result of acreage limitation requirements, the Secretary shall waive such acreage limitation requirements for the farm. If the resource conserving crop includes a farm program feed grain crop planted on the base acres of another farm program feed grain crop, the Secretary shall take into account the established or county average yield of the two feed grains for the purposes of making the adjustment or waiver. ``(7) Total base acreage flexibility.--Notwithstanding any other provision of law, the Secretary shall allow participants in this program to plant farm program crops and oilseeds in any proportion on a producer's total acreage of farm program crop base and historic oilseeds acreage without affecting farm program payments. ``(8) Crop insurance.--Notwithstanding any other provision of law, acreage devoted to resource-conserving crops under this program shall be eligible for crop insurance pursuant to the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.). ``(9) Haying and grazing restriction.-- ``(A) In general.--The Secretary shall not make any farm program payments to a producer, who is otherwise eligible to receive such payments, for acreage enrolled in the program if the producer, during the consecutive five month period in each State in which haying and grazing of conserving use acres may be prohibited under the provisions of this Act, grazes breeding cattle or nursing calves or harvests and sells hay on payment acres. ``(B) Transition option.--The restriction in subparagraph (A) shall not apply in the case of a producer who agrees to retire all base acreage enrolled in the program at the end of the agreement period. ``(C) Emergency haying and grazing.--The Secretary shall release acreage devoted to resource-conserving crops for emergency haying and grazing as the result of a natural disaster when the Secretary permits unlimited haying and grazing on-- ``(i) reduced acreage under this Act; ``(ii) acreage devoted to a conservation use under this Act; ``(iii) acreage diverted from production under a land diversion program established under this Act; or ``(iv) acreage enrolled in the conservation reserve program under the Food Security Act of 1985 (16 U.S.C. 3801 et seq.).''. (b) Conforming Repeal.--Section 1451 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5822) is repealed.	Amends the Agricultural Act of 1949 to direct the Secretary of Agriculture to establish a voluntary conservation flex program which will permit producers to adopt integrated site-specific farm management plans. Includes within such plans resource-conserving crops, crop rotation, and rotational grazing.
SECTION 1. DEVELOPMENT OF NATIONAL STRATEGY. (a) In General.--The President, acting through the Secretary, shall, in consultation with the Attorney General, the Secretary of State, the Secretary of Homeland Security, the Director of National Intelligence, and the appropriate Federal banking agencies and Federal functional regulators, develop a national strategy for combating the financing of terrorism and related forms of illicit finance. (b) Transmittal to Congress.-- (1) In general.--Not later than one year after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a comprehensive national strategy developed in accordance with subsection (a). (2) Updates.--Not later than January 31, 2020, and January 31, 2022, the President shall submit to the appropriate congressional committees updated versions of the national strategy submitted under paragraph (1). (c) Separate Presentation of Classified Material.--Any part of the national strategy that involves information that is properly classified under criteria established by the President shall be submitted to Congress separately in a classified annex and, if requested by the chairman or ranking member of one of the appropriate congressional committees, as a briefing at an appropriate level of security. SEC. 2. CONTENTS OF NATIONAL STRATEGY. The strategy described in section 1 shall contain the following: (1) Evaluation of existing efforts.--An assessment of the effectiveness of and ways in which the United States is currently addressing the highest levels of risk of various forms of illicit finance, including those identified in the documents entitled ``2015 National Money Laundering Risk Assessment'' and ``2015 National Terrorist Financing Risk Assessment'', published by the Department of the Treasury and a description of how the strategy is integrated into, and supports, the broader counter terrorism strategy of the United States. (2) Goals, objectives, and priorities.--A comprehensive, research-based, long-range, quantifiable discussion of goals, objectives, and priorities for disrupting and preventing illicit finance activities within and transiting the financial system of the United States that outlines priorities to reduce the incidence, dollar value, and effects of illicit finance. (3) Threats.--An identification of the most significant illicit finance threats to the financial system of the United States. (4) Reviews and proposed changes.--Reviews of enforcement efforts, relevant regulations and relevant provisions of law and, if appropriate, discussions of proposed changes determined to be appropriate to ensure that the United States pursues coordinated and effective efforts at all levels of government, and with international partners of the United States, in the fight against illicit finance. (5) Detection and prosecution initiatives.--A description of efforts to improve, as necessary, detection and prosecution of illicit finance, including efforts to ensure that-- (A) subject to legal restrictions, all appropriate data collected by the Federal Government that is relevant to the efforts described in this section be available in a timely fashion to-- (i) all appropriate Federal departments and agencies; and (ii) as appropriate and consistent with section 314 of the International Money Laundering Abatement and Financial Anti- Terrorism Act of 2001 (31 U.S.C. 5311 note), to financial institutions to assist the financial institutions in efforts to comply with laws aimed at curbing illicit finance; and (B) appropriate efforts are undertaken to ensure that Federal departments and agencies charged with reducing and preventing illicit finance make thorough use of publicly available data in furtherance of this effort. (6) The role of the private financial sector in prevention of illicit finance.--A discussion of ways to enhance partnerships between the private financial sector and Federal departments and agencies with regard to the prevention and detection of illicit finance, including-- (A) efforts to facilitate compliance with laws aimed at stopping such illicit finance while maintaining the effectiveness of such efforts; and (B) providing guidance to strengthen internal controls and to adopt on an industry-wide basis more effective policies. (7) Enhancement of intergovernmental cooperation.--A discussion of ways to combat illicit finance by enhancing-- (A) cooperative efforts between and among Federal, State, and local officials, including State regulators, State and local prosecutors, and other law enforcement officials; and (B) cooperative efforts with and between governments of countries and with and between multinational institutions with expertise in fighting illicit finance, including the Financial Action Task Force and the Egmont Group of Financial Intelligence Units. (8) Trend analysis of emerging illicit finance threats.--A discussion of and data regarding trends in illicit finance, including evolving forms of value transfer such as so-called cryptocurrencies, other methods that are computer, telecommunications, or Internet-based, cyber crime, or any other threats that the Secretary may choose to identify. (9) Budget priorities.--A multiyear budget plan that identifies sufficient resources needed to successfully execute the full range of missions called for in this section. (10) Technology enhancements.--An analysis of current and developing ways to leverage technology to improve the effectiveness of efforts to stop the financing of terrorism and other forms of illicit finance, including better integration of open-source data. SEC. 3. DEFINITIONS. In this Act-- (1) the term ``appropriate congressional committees'' means-- (A) the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on the Judiciary, Committee on Homeland Security, and the Permanent Select Committee on Intelligence of the House of Representatives; and (B) the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, Committee on Armed Services, Committee on the Judiciary, Committee on Homeland Security and Governmental Affairs, and the Select Committee on Intelligence of the Senate; (2) the term ``appropriate Federal banking agencies'' has the meaning given the term in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); (3) the term ``Federal functional regulator'' has the meaning given that term in section 509 of the Gramm-Leach- Bliley Act (15 U.S.C. 6809); (4) the term ``illicit finance'' means the financing of terrorism, money laundering, or other forms of illicit financing domestically or internationally, as defined by the President; (5) the term ``Secretary'' means the Secretary of the Treasury; and (6) the term ``State'' means each of the several States, the District of Columbia, and each territory or possession of the United States.	This bill requires the President to develop a strategy to prevent the financing of terrorism. The strategy shall contain: (1) an assessment of present efforts and existing threats, (2) proposed changes and initiatives, (3) a discussion of the role of the private sector and the enhancement of intergovernmental cooperation, (4) an analysis of emerging threats and the use of technological enhancements to stop the financing of terrorism, and (5) a multiyear budget plan .
SECTION 1. SHORT TITLE. This Act may be cited as the ``Defense Trade Cooperation Act of 2003''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Close defense cooperation between the United States and each of the United Kingdom and Australia requires interoperability among the armed forces. (2) The need for interoperability must be balanced with the need for the appropriate and effective regulation of trade in defense articles and defense services. (3) The Arms Export Control Act (22 U.S.C. 2751 et seq.) represents a delegation to the executive branch of the constitutional power of Congress to regulate commerce with foreign nations. (4) Agreements to gain exemption from the International Traffic in Arms Regulations must be submitted to Congress for review. SEC. 3. DEFINITIONS. In this Act-- (1) the term ``appropriate congressional committees'' means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate; (2) the term ``defense articles'' has the meaning given the term in section 47 of the Arms Export Control Act (22 U.S.C. 2794); (3) the term ``defense services'' has the meaning given the term in section 47 of the Arms Export Control Act (22 U.S.C. 2794); and (4) the term ``International Traffic in Arms Regulations'' means the regulations maintained under sections 120 through 130 of title 22, Code of Federal Regulations, or any successor regulations. SEC. 4. EXCEPTIONS TO BILATERAL AGREEMENT REQUIREMENTS FOR AUSTRALIA AND THE UNITED KINGDOM. (a) Exceptions.--Subsection (j) of section 38 of the Arms Export Control Act (22 U.S.C. 2778) is amended-- (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following new paragraph (4): ``(4) Exceptions from bilateral agreement requirements.-- ``(A) Australia.--Subject to the provisions of the Defense Trade Cooperation Act of 2003, the requirements for a bilateral agreement described in paragraph (2)(A) shall not apply to such a bilateral agreement between the United States Government and the Government of Australia with respect to transfers or changes in end use within Australia of defense items that will remain subject to the licensing requirements of this Act after such agreement enters into force. ``(B) United kingdom.--Subject to the provisions of the Defense Trade Cooperation Act of 2003, the requirements for a bilateral agreement described in paragraphs (1)(A)(ii), (2)(A)(i), and (2)(A)(ii) shall not apply to such a bilateral agreement between the United States Government and the Government of the United Kingdom for an exemption from the licensing requirements of this Act.''. (b) Conforming Amendment.--Paragraph (2) of such subsection is amended in the matter preceding subparagraph (A) by striking ``A bilateral agreement'' and inserting ``Except as provided in paragraph (4), a bilateral agreement''. SEC. 5. CERTIFICATIONS FOR THE UNITED KINGDOM AND AUSTRALIA. Not later than 30 days before authorizing an exemption from the licensing requirements of the International Traffic in Arms Regulations in accordance with any bilateral agreement entered into with the United Kingdom or Australia under section 38(j) of the Arms Export Control Act (22 U.S.C. 2778(j)), as amended by section 4 of this Act, the President shall certify to the appropriate congressional committees that such agreement-- (1) is in the national interest of the United States and will not in any way affect the goals and policy of the United States as outlined in section 1 of the Arms Export Control Act (22 U.S.C. 2751); (2) does not adversely affect the ability of the International Traffic in Arms Regulations to provide consistent and adequate controls for licensed exports of United States defense items; and (3) will not adversely affect the duties or requirements of the Secretary of State under the Arms Export Control Act. SEC. 6. NOTIFICATION OF REGULATIONS PERMITTING BILATERAL LICENSING EXEMPTIONS. Not later than 30 days before authorizing an exemption from the licensing requirements of the International Traffic in Arms Regulations in accordance with any bilateral agreement entered into with the United Kingdom or Australia under section 38(j) of the Arms Export Control Act (22 U.S.C. 2778(j)), as amended by section 4 of this Act, the President shall submit to the appropriate congressional committees the text of the regulations that authorize such a licensing exemption. SEC. 7. REPORT ON ISSUES RAISED IN CONSULTATIONS PURSUANT TO BILATERAL AGREEMENTS WITH AUSTRALIA AND THE UNITED KINGDOM. Not later than one year after the date of the enactment of this Act and annually thereafter for each of the following 5 years, the President shall submit to the appropriate congressional committees a report on issues raised during the previous year in consultations conducted under the terms of any bilateral agreement with Australia, or under the terms of any bilateral agreement with the United Kingdom, for exemption from the licensing requirements of the Arms Export Control Act (22 U.S.C. 2751 et seq.). Each report shall contain detailed information-- (1) on any notifications or consultations between the United States and the United Kingdom under the terms of any agreement with the United Kingdom, or between the United States and Australia under the terms of any agreement with Australia, concerning the modification, deletion, or addition of defense items on the United States Munitions List, the United Kingdom Military List, or the Australian Defense and Strategic Goods List; (2) listing all United Kingdom or Australia persons and entities that have been designated as qualified persons eligible to receive United States origin defense items exempt from the licensing requirements of the Arms Export Control Act under the terms of such agreements, and listing any modification, deletion, or addition to such lists, pursuant to the requirements of any agreement with the United Kingdom or any agreement with Australia; (3) on consultations or steps taken pursuant to any agreement with the United Kingdom or any agreement with Australia concerning cooperation and consultation with either government on the effectiveness of the defense trade control systems of such government; (4) on provisions and procedures undertaken pursuant to-- (A) any agreement with the United Kingdom with respect to the handling of United States origin defense items exempt from the licensing requirements of the Arms Export Control Act by persons and entities qualified to receive such items in the United Kingdom; and (B) any agreement with Australia with respect to the handling of United States origin defense items exempt from the licensing requirements of the Arms Export Control Act by persons and entities qualified to receive such items in Australia; (5) on any new understandings, including the text of such understandings, between the United States and the United Kingdom concerning retransfer of United States origin defense items made pursuant to any agreement with the United Kingdom to gain exemption from the licensing requirements of the Arms Export Control Act; (6) on consultations with the Government of the United Kingdom or the Government of Australia concerning the legal enforcement of any such agreements; (7) on United States origin defense items with respect to which the United States has provided an exception under the Memorandum of Understanding between the United States and the United Kingdom and any agreement between the United States and Australia from the requirement for United States Government re- export consent that was not provided for under United States laws and regulations in effect on the date of the enactment of this Act; and (8) on any significant concerns that have arisen between the Government of Australia or the Government of the United Kingdom and the United States Government concerning any aspect of any bilateral agreement between such country and the United States to gain exemption from the licensing requirements of the Arms Export Control Act. SEC. 8. SPECIAL REPORTS ON UNAUTHORIZED END-USE OR DIVERSION. The Secretary of State shall notify the appropriate congressional committees, in a manner consistent with ongoing efforts to investigate and bring civil or criminal charges regarding such matters, not later than 90 days after receiving any credible information regarding the unauthorized end-use or diversion of United States exports made pursuant to any agreement with a country to gain exemption from the licensing requirements of the Arms Export Control Act. Such notification may be made in classified or unclassified form and shall include-- (1) a description of the good or service; (2) the United States origin of the good or service; (3) the authorized recipient of the good or service; (4) a detailed description of the unauthorized end-use or diversion of the good or service, including any knowledge by the United States exporter of such unauthorized end-use or diversion; (5) any enforcement action taken by the Government of the United States; and (6) any enforcement action taken by the government of the recipient nation.	Defense Trade Cooperation Act of 2003 - Amends the Arms Export Control Act (the Act) to make the requirement of a bilateral agreement prior to the transfer of defense articles or services from the United States to a foreign country inapplicable to a bilateral agreement between the United States and the Government of: (1) Australia, with respect to transfers or changes in end use within Australia of defense items that will remain subject to the licensing requirements of the Act after such agreement enters into force; or (2) the United Kingdom, for an exemption from such licensing requirements. Requires the President, at least 30 days before authorizing such an exemption, to certify to the congressional foreign and international relations committees that such an agreement: (1) is in the national interest of the United States; (2) does not adversely affect the ability of the International Traffic in Arms Regulations to provide controls for licensed exports of U.S. defense items; and (3) will not adversely affect the duties or requirements of the Secretary of State under the Act. Directs the President to submit to such committees a text of the regulations that authorize such a licensing exemption. Requires a report from the President to such committees on licensing requirement exemption issues raised during consultations with respect to the terms of any bilateral agreements with such countries. Directs the Secretary of State to notify such committees within 90 days after receiving credible information regarding the unauthorized end-use or diversion of U.S. exports made pursuant to any agreement with a country to gain exemption from such licensing requirements.
SECTION 1. DEFINITIONS. For the purposes of this Act: (1) The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) The term ``hazardous substance research centers'' means the hazardous substance research centers described in section 311(d) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9660(d)). Such term shall include the Great Plains and Rocky Mountain Hazardous Substance Research Center, the Northeast Hazardous Substance Research Center, the Great Lakes and Mid-Atlantic Hazardous Substance Research Center, the South and Southwest Hazardous Substance Research Center, and the Western Region Hazardous Substance Research Center. (3) The term ``hazardous waste'' means-- (A) waste listed as hazardous waste pursuant to subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.); (B) radioactive waste; and (C) mixed waste. (4) The term ``mixed waste'' means waste that contains a mixture of waste described in subparagraphs (A) and (B) of paragraph (3). (5) The term ``qualified individuals'' means qualified military personnel and qualified Department of Energy personnel. (6) The term ``qualified Department of Energy personnel'' means individuals who, during the 5-year period preceding the date of the enactment of this Act, have been employed by the Department of Energy and have been involved in the production of nuclear weapons, and whose employment at the Department of Energy during such 5-year period was scheduled for termination as a result of a significant reduction or modification in the programs or projects of the Department of Energy. Such term shall not include any employee who terminates employment by taking early retirement or who otherwise voluntarily terminates employment. (7) The term ``qualified military personnel'' means members and former members of the Armed Forces of the United States who have training in site remediation, site characterization, waste management, waste reduction, recycling, engineering, or positions related to environmental engineering or basic sciences (including training for management positions). Such term shall not include any former member of the Armed Forces whose service in the Armed Forces was terminated by dismissal (in the case of a former officer) or by discharge with a dishonorable discharge or a bad conduct discharge (in the case of a former enlisted member). (8) The term ``radioactive waste'' means solid, liquid, or gaseous material that contains radionuclides regulated under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) of negligible economic value (considering the cost of recovery). SEC. 2. EDUCATION AND TRAINING PROGRAM. (a) In General.-- (1) Establishment of program.-- (A) In general.--Not later than 6 months after the date of the enactment of this Act, the Administrator, in consultation with the Secretaries of Energy and Defense, shall establish an education and training program for qualified individuals in order to enable such individuals to acquire career training in environmental engineering, environmental sciences, or environmental project management in fields related to hazardous waste management and cleanup. (B) Development of academic program.--In carrying out the program, the Administrator, in consultation with the Secretaries of Energy and Defense, shall develop and implement an academic program for qualified individuals at institutions of higher education at both undergraduate and graduate levels, and which may lead to the awarding of an academic degree or a certification that is supplemental to an academic degree. (2) Program activities.-- (A) In General.--The program established pursuant to paragraph (1) may include educational activities and training related to-- (i) site remediation; (ii) site characterization; (iii) hazardous waste management (including such specialized activities and training relating specifically to radioactive waste as the Administrator determines to be appropriate); (iv) hazardous waste reduction (including such specialized activities and training relating specifically to radioactive waste as the Administrator determines to be appropriate); (v) recycling; (vi) process and materials engineering; (vii) training for positions related to environmental engineering, environmental sciences, or environmental project management (including training for management positions); and (viii) environmental engineering with respect to the construction of facilities to address the items described in clauses (i) through (vii). (B) Educational activities.--The program established pursuant to paragraph (1) shall include educational activities designed for personnel participating in a program to achieve specialization in the following fields: (i) Earth sciences. (ii) Chemistry. (iii) Chemical Engineering. (iv) Environmental engineering. (v) Statistics. (vi) Toxicology. (vii) Industrial hygiene. (viii) Health physics. (ix) Environmental project management. (x) Any other field that the Administrator determines to be appropriate. (b) Grant Program.-- (1) In general.--From the amounts made available under subsection (c), the Administrator shall award grants to the hazardous substance research centers to pay the Federal share of carrying out the development and implementation of the academic program described in subsection (a). (2) Grant awards.--The Federal share of each grant awarded under this subsection shall be 100 percent. (c) Funding.-- (1) Environmental protection agency.-- (A) In general.--Subject to the limitation described in subparagraph (B), 50 percent of the cost of carrying out this section shall be funded from amounts made available for fiscal year 1993 to the Environmental Protection Agency pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). (B) Limitation.--The limitation described in this subparagraph is that not more than 1 percent of the amounts made available for fiscal year 1993 to the Environmental Protection Agency pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) may be used to carry out this section. (C) Special rule.--Amounts provided under this paragraph to hazardous substance research centers shall be used to supplement and not supplant other funds provided to such centers by the Environmental Protection Agency. (2) Department of defense.-- (A) In general.--Subject to the limitation described in subparagraph (B), 25 percent of the cost of carrying out this section shall be funded from amounts appropriated for fiscal year 1993 to the Defense Environmental Restoration Account established in section 2703 of title 10, United States Code. (B) Limitation.--The limitation described in this subparagraph is that not more than 1 percent of the amounts appropriated for fiscal year 1993 to the Defense Environmental Restoration Account may be used to carry out this section. (C) Transfer.--The Secretary of Defense shall transfer an amount determined in accordance with subparagraphs (A) and (B) to the Environmental Protection Agency, pursuant to the authority granted the Secretary under section 2703 of title 10, United States Code. (3) Department of energy.-- (A) In General.--Subject to the limitation described in subparagraph (B), 25 percent of the cost of carrying out this section shall be funded from amounts made available for fiscal year 1993 to the Department of Energy for the purpose of environmental cleanup. (B) Limitation.--The limitation described in this subparagraph is that not more than 1 percent of the amounts made available for fiscal year 1993 to the Department of Energy may be used to carry out this section. (C) Transfer.--The Secretary of Energy shall transfer an amount determined in accordance with subparagraphs (A) and (B) to the Environmental Protection Agency. (D) Special rule.--Amounts provided under this paragraph to hazardous substance research centers shall be used to supplement and not supplant other funds provided to such centers by the Department of Energy.	Directs the Administrator of the Environmental Protection Agency (EPA) to: (1) establish a program for qualified military and Department of Energy (DOE) personnel to enable such individuals to acquire career training in environmental engineering, environmental sciences, or environmental project management in fields related to hazardous waste management and cleanup; and (2) implement, as part of such program, an academic program at institutions of higher education at undergraduate and graduate levels. Requires the Administrator to award grants to the hazardous substance research centers described under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to pay the full cost of the academic program. Provides funding for the program, subject to certain limitations, from amounts allocated for: (1) the EPA under CERCLA; (2) the Defense Environmental Restoration Account; and (3) DOE environmental cleanup activities.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Payment Improvement Act of 2009''. SEC. 2. VALUE INDEX UNDER THE MEDICARE PHYSICIAN FEE SCHEDULE. (a) In General.--Section 1848(e)(5) of the Social Security Act (42 U.S.C. 1395w-4(e)) is amended by adding at the end the following new paragraph: ``(6) Value index.-- ``(A) In general.--The Secretary shall determine a value index for each fee schedule area. The value index shall be the ratio of the quality component under subparagraph (B) to the cost component under subparagraph (C) for that fee schedule area. ``(B) Quality component.-- ``(i) In general.--The quality component shall be based on a composite score that reflects quality measures available on a State or fee schedule area basis. The measures shall reflect health outcomes and health status for the Medicare population, patient safety, and patient satisfaction. The Secretary shall use the best data available, after consultation with the Agency for Healthcare Research and Quality and with private entities that compile quality data. ``(ii) Requirement.--In establishing the quality component under this subparagraph, the Secretary shall take into account the following: ``(I) Hospital readmission rates. ``(II) Hospital emergency department utilization for ambulatory care-sensitive conditions. ``(III) Hospital admissions for ambulatory care-sensitive conditions. ``(IV) Mortality amenable to health care. ``(V) Other items determined appropriate by the Secretary. ``(iii) Establishment.--The quality component for each fee schedule area shall be the ratio of the quality score for such area to the national average quality score. ``(iv) Application.--In the case of a fee schedule area that is less than an entire State, if available quality data is not sufficient to measure quality at the sub-State level, the quality component for a sub-State fee schedule area shall be the quality component for the entire State. ``(C) Cost component.-- ``(i) In general.--The cost component shall be total annual per beneficiary Medicare expenditures under part A and this part for the fee schedule area. The Secretary may use total per beneficiary expenditures under such parts in the last two years of life as an alternative measure if the Secretary determines that such measure better takes into account severity differences among fee schedule areas. ``(ii) Establishment.--The cost component for a fee schedule area shall be the ratio of the cost per beneficiary for such area to the national average cost per beneficiary.''. (b) Conforming Amendments.--Section 1848 of the Social Security Act (42 U.S.C. 1395w-4) is amended-- (1) in subparagraph (b)(1)(C), by striking ``geographic'' and inserting ``geographic and value''; and (2) in subsection (e)-- (A) in paragraph (1)-- (i) in the heading, by inserting ``and value'' after ``geographic''; (ii) in subparagraph (A), by striking clause (iii) and inserting the following new clause: ``(iii) a value index (as defined in paragraph (6)) applicable to physician work.''; (iii) in subparagraph (C), by inserting ``and value'' after ``geographic'' in the first sentence; (iv) in subparagraph (D), by striking ``physician work effort'' and inserting ``value''; (v) by striking subparagraph (E); and (vi) by striking subparagraph (G); (B) by striking paragraph (2) and inserting the following new paragraph: ``(2) Computation of geographic and value adjustment factor.--For purposes of subsection (b)(1)(C), for all physicians' services for each fee schedule area the Secretary shall establish a geographic and value adjustment factor equal to the sum of the geographic cost-of-practice adjustment factor (specified in paragraph (3)), the geographic malpractice adjustment factor (specified in paragraph (4)), and the value adjustment factor (specified in paragraph (5)) for the service and the area.''; and (C) by striking paragraph (5) and inserting the following new paragraph: ``(5) Physician work value adjustment factor.--For purposes of paragraph (2), the `physician work value adjustment factor' for a service for a fee schedule area, is the product of-- ``(A) the proportion of the total relative value for the service that reflects the relative value units for the work component; and ``(B) the value index score for the area, based on the value index established under paragraph (6).''. (c) Availability of Quality Component Prior to Implementation.--The Secretary of Health and Human Services shall make the quality component described in section 1848(c)(6)(B) of the Social Security Act, as added by subsection (a), for each fee schedule area available to the public by not later than January 1, 2011. (d) Effective Date.--The amendments made by this section shall apply to the Medicare physician fee schedule for 2012 and each subsequent year.	Medicare Payment Improvement Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act to require the Secretary of Health and Human Services (HHS) to determine a value index for the physician work component for each Medicare physician fee schedule area.
approved April 12, 1892 (20 U.S.C. 91) is amended by striking out ``Patent Office'' and inserting in lieu thereof ``United States Patent and Trademark Corporation''. (15) Section 505(m) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(m)) is amended by striking out ``Patent and Trademark Office of the Department of Commerce'' and inserting in lieu thereof ``United States Patent and Trademark Corporation''. (16) Section 512(o) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b(o)) is amended by striking out ``Patent and Trademark Office of the Department of Commerce'' and inserting in lieu thereof ``United States Patent and Trademark Corporation''. (17) Section 702(d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 372(d)) is amended by striking out ``Commissioner of Patents'' and inserting in lieu thereof ``Commissioner of Patents and Trademarks''. (18) Section 501(b)(1) of the Jobs Through Trade Expansion Act of 1994 (22 U.S.C. 2151t-1(b)(1)) is amended by striking out ``Patent and Trademark Office'' and inserting in lieu thereof ``United States Patent and Trademark Corporation''. (19) Section 2 of the Act of August 27, 1935 (25 U.S.C. 305a) is amended by striking out ``Patent and Trademark Office'' and inserting in lieu thereof ``United States Patent and Trademark Corporation''. (20) Section 105(e) of the Federal Alcohol Administration Act (27 U.S.C. 205(e)) is amended by striking out ``Patent Office'' and inserting in lieu thereof ``United States Patent and Trademark Corporation''. (21) Section 1295(a)(4) of title 28, United States Code, is amended by striking out ``Patent and Trademark Office'' and inserting in lieu thereof ``United States Patent and Trademark Corporation''. (22) Section 1744 of title 28, United States Code, is amended-- (A) in the section heading by striking out ``Patent Office'' and inserting in lieu thereof ``United States Patent and Trademark Office''; (B) by striking out ``Patent Office'' each place such term appears and inserting in lieu thereof ``United States Patent and Trademark Corporation''; and (C) by striking out ``Commissioner of Patents'' and inserting in lieu thereof ``Commissioner of Patents and Trademarks''. (23) Section 1745 of title 28, United States Code, is amended by striking out ``United States Patent Office'' and inserting in lieu thereof ``United States Patent and Trademark Corporation''. (24) Section 1928 of title 28, United States Code, is amended by striking out ``Patent Office'' and inserting in lieu thereof ``United States Patent and Trademark Corporation''. (25) Section 9101(3) of title 31, United States Code, is amended by adding at the end thereof: ``(O) the United States Patent and Trademark Corporation.''. (26) The provisions of title 35, United States Code, are amended by striking out ``Patent and Trademark Office'' and ``United States Patent and Trademark Office'' each place such terms appear and inserting in each such place ``United States Patent and Trademark Corporation''. (27) The table of sections for chapter 1 of part I of title 35, United States Code, is amended to read as follows: ``CHAPTER 1--ESTABLISHMENT, OFFICERS, FUNCTIONS ``Sec. ``1. Establishment. ``2. Powers and duties. ``3. Officers and employees. ``4. Restrictions on officers and employees as to interest in patents. ``5. Advisory Board. ``6. Suits by and against the Corporation. ``7. Board of Patent Appeals and Interferences. ``8. Library. ``9. Classification of patents. ``10. Certified copies of records. ``11. Publications. ``12. Exchange of copies of patents with foreign countries. ``13. Copies of patents for public libraries. ``14. Annual report to Congress. ``15. Use of Corporation name. ``16. Definitions.''. (28) Section 302 of title 35, United States Code, is amended in the second sentence by inserting ``established'' before ``pursuant''. (29) Sections 371(c)(1) and 376(a) of title 35, United States Code, are amended by striking out ``provided'' and inserting in lieu thereof ``established under''. (30) Section 602 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 474) is amended by inserting after paragraph (21) the following new paragraph: ``(22) the United States Patent and Trademark Corporation,''. (31) Section 151 (c) and (d) of the Atomic Energy Act of 1954 (42 U.S.C. 2181 (c) and (d)) are each amended by striking out ``Commissioner of Patents'' and inserting in lieu thereof ``Commissioner of Patents and Trademarks''. (32) Section 160 of the Atomic Energy Act of 1954 (42 U.S.C. 2190) is amended by striking out ``Patent Office'' and inserting in lieu thereof ``United States Patent and Trademark Corporation''. (33) Section 305(c) of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2457(c)) is amended by striking out ``Commissioner of Patents'' and inserting in lieu thereof ``Commissioner of Patents and Trademarks''. (34) Section 12(a) of the Solar Energy Research, Development, and Demonstration Act of 1974 (42 U.S.C. 5510(a)) is amended by striking out ``Commissioner of Patent Office'' and inserting in lieu thereof ``Commissioner of Patents and Trademarks''. (35) Section 1111 of title 44, United States Code, is amended by striking out ``Commissioner of Patents'' and inserting in lieu thereof ``Commissioner of Patents and Trademarks''. (36) Section 1123 of title 44, United States Code, is amended by striking out ``the Patent Office,''. (37) Section 1114 of title 44, United States Code, is amended by striking out ``Commissioner of Patents,''. (38)(A) Sections 1337 and 1338 of title 44, United States Code, are repealed. (B) The table of sections for chapter 13 of title 44, United States Code, is amended by striking out the items relating to sections 1337 and 1338. (39) Section 10(i) of the Trading with the Enemy Act (50 U.S.C. App. 10) is amended by striking out ``Commissioner of Patents'' and inserting in lieu thereof ``Commissioner of Patents and Trademarks''. TITLE II--MISCELLANEOUS PROVISIONS SEC. 201. SEPARABILITY. If any provision of this Act or the application thereof to any person or circumstance is held invalid, the remainder of this Act, and the application of such provision to other persons or circumstances shall not be affected thereby. SEC. 202. EFFECTIVE DATE. This Act shall take effect 180 days after the date of the enactment of this Act. S 1458 IS----2 S 1458 IS----3 S 1458 IS----4	TABLE OF CONTENTS: Title I: Patent and Trademark Corporation Title II: Miscellaneous Provisions Patent and Trademark Office Reform Act of 1995 - Title I: Patent and Trademark Corporation - Replaces specified provisions governing the Patent and Trademark Office with provisions establishing the Patent and Trademark Corporation as a wholly owned Government corporation within the Department of Commerce. Requires the Corporation to maintain an office in the District of Columbia metropolitan area. Provides appropriate Corporation powers and duties with respect to the granting and issuing of patents and the registration of trademarks, as well as related activities. Vests Corporation management in the Commissioner of Patents and Trademarks, appointed by the President, with specified duties and responsibilities. Directs the Commissioner to appoint a Deputy Commissioner for Patents, a Deputy Commissioner for Trademarks, and an Inspector General. Exempts: (1) the Corporation from any administratively or statutorily imposed limitations on positions or personnel; and (2) Corporation personnel from various Federal employment authorities and requirements, including provisions governing employee classification, performance appraisals, and pay rates. Includes such employees under Federal provisions relating to retirement and health and life insurance. Requires all officers and employees of the Patent and Trademark Office to become officers and employees of the Corporation on the effective date of this Act. Provides other employee and Office transition provisions. Prohibits Corporation officers and employees, during their appointments and for one year thereafter, from applying for or acquiring any patent issued by the Corporation. Establishes an Advisory Board of the Corporation to review and report annually to the President and specified congressional committees on the Corporation's policies, goals, performance, budget, and user fees and to advise the Commissioner. Sets forth provisions regarding: (1) suits by and against the Corporation; (2) revised membership and duties of the Board of Patent Appeals and Interferences; (3) a required annual Corporation management report; (4) the prohibited use of the Corporation's name; (5) receipts, expenditures, and borrowing authority of the Corporation; (6) annual audit requirements; (7) the transfer to the Corporation of Department of Commerce functions, powers, duties, and assets; (8) transition requirements; and (9) technical and conforming amendments. (Sec. 109) Prohibits full-time equivalent Corporation positions from being eliminated in order to meet the requirements of the Federal Workforce Restructuring Act of 1994. Title II: Miscellaneous Provisions - Provides for the separability of provisions of this Act. Makes this Act effective 180 days after its enactment.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Torture Victims Relief Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The American people abhor torture by any government or person. The existence of torture creates a climate of fear and international insecurity that affects all people. (2) Torture is the deliberate mental and physical damage caused by governments to individuals to destroy individual personality and terrorize society. The effects of torture are long term. Those effects can last a lifetime for the survivors and affect future generations. (3) By eliminating leadership of their opposition and frightening the general public, repressive governments often use torture as a weapon against democracy. (4) Torture survivors remain under physical and psychological threats, especially in communities where the perpetrators are not brought to justice. In many nations, even those who treat torture survivors are threatened with reprisals, including torture, for carrying out their ethical duties to provide care. Both the survivors of torture and their treatment providers should be accorded protection from further repression. (5) A significant number of refugees and asylees entering the United States have been victims of torture. Those claiming asylum deserve prompt consideration of their applications for political asylum to minimize their insecurity and sense of danger. Many torture survivors now live in the United States. They should be provided with the rehabilitation services which would enable them to become productive members of our communities. (6) The development of a treatment movement for torture survivors has created new opportunities for action by the United States and other nations to oppose state-sponsored and other acts of torture. (7) There is a need for a comprehensive strategy to protect and support torture victims and their treatment providers, together with overall efforts to eliminate torture. (8) By acting to heal the survivors of torture and protect their families, the United States can help to heal the effects of torture and prevent its use around the world. (9) The United States became a party to the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment on November 20, 1994, but has not implemented Article 3 of the Convention. SEC. 3. DEFINITIONS. As used in this Act: (1) In general.--Except as otherwise provided, the terms used in this Act have the meanings given those terms in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)). (2) Torture.--The term ``torture'' has the meaning given the term in section 2340(1) of title 18, United States Code, and includes the use of rape and other forms of sexual violence by a person acting under the color of law upon another person under his custody or physical control. SEC. 4. PROHIBITION ON INVOLUNTARY RETURN OF PERSONS FEARING SUBJECTION TO TORTURE. (a) Prohibition.--Notwithstanding any other provision of law, the United States shall not expel, remove, extradite, or otherwise return involuntarily an individual to a country if there is substantial evidence that a reasonable person in the circumstances of that individual would fear subjection to torture in that country. (b) Definition.--For purposes of this section, the term ``to return involuntarily'', in the case of an individual, means-- (1) to return the individual without the individual's consent, whether or not the return is induced by physical force and whether or not the person is physically present in the United States; or (2) to take an action by which it is reasonably foreseeable that the individual will be returned, whether or not the return is induced by physical force and whether or not the person is physically present in the United States. SEC. 5. IMMIGRATION PROCEDURES FOR TORTURE VICTIMS. (a) Covered Aliens.--An alien described in this section is any alien who presents a claim of having been subjected to torture, or whom there is reason to believe has been subjected to torture. (b) Consideration of the Effects of Torture.--In considering an application by an alien described in subsection (a) for refugee status under section 207 of the Immigration and Nationality Act, asylum under section 208 of that Act, or withholding of removal under section 241(b)(3) of that Act, the appropriate officials shall take into account-- (1) the manner in which the effects of torture might affect the applicant's responses in the application and in the interview process or other immigration proceedings, as the case may be; (2) the difficulties torture victims often have in recounting their suffering under torture; and (3) the fear victims have of returning to their country of nationality where, even if torture is no longer practiced or the incidence of torture is reduced, their torturers may have gone unpunished and may remain in positions of authority. (c) Expedited Processing of Refugee Admissions.--For purposes of section 207(c) of the Immigration and Nationality Act (8 U.S.C. 1157(c)), refugees who have been subjected to torture shall be considered to be refugees of special humanitarian concern to the United States and shall be accorded priority for resettlement at least as high as that accorded any other group of refugees. (d) Processing for Asylum and Withholding of Removal.--Section 235(b)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(A)) is amended by adding at the end the following new clause: ``(iv) Special procedures for aliens who are the victims of torture.-- ``(I) Expedited procedures.--With the consent of the alien, an asylum officer or immigration judge shall expedite the scheduling of an asylum interview or a removal proceeding for any alien who presents a claim of having been subjected to torture, unless the evidence indicates that a delay in making a determination regarding the granting of asylum under section 208 of the Immigration and Nationality Act or the withholding of removal under section 241(b)(3) of that Act with respect to the alien would not aggravate the physical or psychological effects of torture upon the alien. ``(II) Delay of proceedings.--With the consent of the alien, an asylum officer or immigration judge shall postpone an asylum interview or a removal proceeding for any alien who presents a claim of having been subjected to torture, if the evidence indicates that, as a result of the alien's mental or physical symptoms resulting from torture, including the alien's inability to recall or relate the events of the torture, the alien will require more time to recover or be treated before being required to testify. (e) Parole in Lieu of Detention.--The finding that an alien is a person described in subsection (a) shall be a strong presumptive basis for a grant of parole, under section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)), in lieu of detention. (f) Exemption From Expedited Removal.--Section 235(b)(1)(F) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(F)) is amended by inserting before the period at the end the following: ``, or to an alien described in section 5(a) of the Torture Victims Relief Act''. (g) Sense of Congress.--It is the sense of Congress that the Attorney General should allocate resources sufficient to maintain in the Resource Information Center of the Immigration and Naturalization Service current information relating to the use of torture in foreign countries. SEC. 6. SPECIALIZED TRAINING FOR CONSULAR, IMMIGRATION, AND ASYLUM PERSONNEL. (a) In General.--The Attorney General shall provide training for immigration inspectors and examiners, immigration officers, asylum officers, immigration judges, and all other relevant officials of the Department of Justice, and the Secretary of State shall provide training for consular officers, with respect to-- (1) the identification of torture; (2) the identification of the surrounding circumstances in which torture is most often practiced; (3) the long-term effects of torture upon a victim; (4) the identification of the physical, cognitive, and emotional effects of torture, and the manner in which these effects can affect the interview or hearing process; and (5) the manner of interviewing victims of torture so as not to retraumatize them, eliciting the necessary information to document the torture experience, and understanding the difficulties victims often have in recounting their torture experience. (b) Gender-Related Considerations.--In conducting training under subsection (a) (4) or (5), gender-specific training shall be provided on the subject of interacting with women and men who are victims of torture by rape or any other form of sexual violence. SEC. 7. DOMESTIC TREATMENT CENTERS. (a) Amendment of the Immigration and Nationality Act.--Section 412 of the Immigration and Nationality Act (8 U.S.C. 1522) is amended by adding at the end the following new subsection: ``(b) Assistance for Treatment of Torture Victims.--The Secretary may provide grants to programs in the United States to cover the cost of the following services: ``(1) Services for the rehabilitation of victims of torture, including treatment of the physical and psychological effects of torture. ``(2) Social and legal services for victims of torture. ``(3) Research and training for health care providers outside of treatment centers, or programs for the purpose of enabling such providers to provide the services described in paragraph (1).''. (b) Funding.-- (1) Authorization of appropriations.--Of the amounts authorized to be appropriated for the Department of Health and Human Services for fiscal years 1999, 2000, and 2001, but not from funds made available to the Office of Refugee Resettlement, there are authorized to be appropriated to carry out section 412(g) of that Act (relating to assistance for domestic centers and programs for the treatment of victims of torture), as added by subsection (a), the following amounts for the following fiscal years: (A) For fiscal year 1999, $5,000,000. (B) For fiscal year 2000, $7,500,000. (C) For fiscal year 2001, $9,000,000. (2) Availability of funds.--Amounts appropriated pursuant to this subsection shall remain available until expended. (c) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 1998. SEC. 8. FOREIGN TREATMENT CENTERS. (a) Amendments of the Foreign Assistance Act of 1961.--Part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended by adding at the end of chapter 1 the following new section: ``SEC. 129. ASSISTANCE FOR VICTIMS OF TORTURE. ``(a) In General.--The President is authorized to provide assistance for the rehabilitation of victims of torture. ``(b) Eligibility for Grants.--Such assistance shall be provided in the form of grants to treatment centers and programs in foreign countries that are carrying out projects or activities specifically designed to treat victims of torture for the physical and psychological effects of the torture. ``(c) Use of Funds.--Such assistance shall be available-- ``(1) for direct services to victims of torture; and ``(2) to provide research and training to health care providers outside of treatment centers or programs described in subsection (b), for the purpose of enabling such providers to provide the services described in paragraph (1).''. (b) Funding.-- (1) Authorization of appropriations.--Of the amounts authorized to be appropriated for fiscal years 1999, 2000, and 2001 pursuant to chapter 1 of part I of the Foreign Assistance Act of 1961, there are authorized to be appropriated to the President $5,000,000 for fiscal year 1999, $7,500,000 for fiscal year 2000, and $9,000,000 for fiscal year 2001 to carry out section 129 of the Foreign Assistance Act, as added by subsection (a). (2) Availability of funds.--Amounts appropriated pursuant to this subsection shall remain available until expended. (c) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 1998. SEC. 9. MULTILATERAL ASSISTANCE. (a) Funding.--Of the amounts authorized to be appropriated for fiscal years 1999, 2000, and 2001 pursuant to chapter 1 of part I of the Foreign Assistance Act of 1961, there are authorized to be appropriated to the United Nations Voluntary Fund for Victims of Torture (in this section referred to as the ``Fund'') the following amounts for the following fiscal years: (1) Fiscal year 1999.--For fiscal year 1999, $3,000,000. (2) Fiscal year 2000.--For fiscal year 2000, $3,000,000. (3) Fiscal year 2001.--For fiscal year 2001, $3,000,000. (b) Availability of Funds.--Amounts appropriated pursuant to subsection (a) shall remain available until expended. (c) Sense of Congress.--It is the sense of Congress that the President, acting through the United States Permanent Representative to the United Nations, should-- (1) request the Fund-- (A) to find new ways to support and protect treatment centers and programs that are carrying out rehabilitative services for victims of torture; and (B) to encourage the development of new such centers and programs; (2) use the voice and vote of the United States to support the work of the Special Rapporteur on Torture and the Committee Against Torture established under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; and (3) use the voice and vote of the United States to establish a country rapporteur or similar procedural mechanism to investigate human rights violations in a country if either the Special Rapporteur or the Committee Against Torture indicates that a systematic practice of torture is prevalent in that country.	Torture Victims Relief Act - Prohibits the United States from expelling, removing, extraditing, or otherwise involuntarily returning an individual to a country if there is substantial evidence that a reasonable person in the circumstances of that individual would fear subjection to torture in that country. (Sec. 5) Covers within this Act any alien presenting a claim of having been tortured, or whom there is reason to believe has been tortured. Sets forth provisions regarding: (1) consideration by appropriate officials of the effects of torture; (2) expedited processing of refugee admissions and for asylum and withholding of removal; (3) granting parole in lieu of detention for such an individual under the Immigration and Nationality Act; and (4) exemption of such an individual from expedited removal pursuant to such Act. Expresses the sense of the Congress that the Attorney General should allocate sufficient resources to maintain in the Immigration and Naturalization Service's Resource Information Center current information relating to the use of torture in foreign countries. (Sec. 6) Directs the Attorney General to provide training for immigration inspectors and examiners, immigration officers, asylum officers, immigration judges, and other relevant Department of Justice officials, and directs the Secretary of State to provide training for consular officers, regarding the identification of torture, the surrounding circumstances most often practiced, the long-term effects upon a victim, the identification of the physical, cognitive, and emotional effects of torture, and the appropriate manner of interviewing torture victims. (Sec. 7) Amends the Immigration and Nationality Act to authorize the Secretary of Health and Human Services to provide grants to programs in the United States to cover the cost of specified services for torture victims. Authorizes the appropriation of funds for assistance for domestic centers and programs for the treatment of torture victims. (Sec. 8) Amends the Foreign Assistance Act of 1961 to authorize the President to provide grants to treatment centers and programs in foreign countries which are specifically carrying out projects or activities to treat victims of torture. Authorizes appropriations. (Sec. 9) Authorizes appropriations to the United Nations Voluntary Fund for Victims of Torture for FY 1999 through 2001.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Long-Term Care Act of 1994''. SEC. 2. NONRECOGNITION OF GAIN ON SALE OF PRINCIPAL RESIDENCE TO EXTENT PROCEEDS USED FOR ENTRANCE INTO CONTINUING CARE RETIREMENT COMMUNITY. (a) In General.--Section 1034 of the Internal Revenue Code of 1986 (relating to rollover of gain of sale of principal residence) is amended by redesignating subsection (l) as subsection (m) and by inserting after subsection (k) the following new subsection: ``(l) Nonrecognition of Gain If New Residence Is Qualified Continuing Care Retirement Community.-- ``(1) In general.--Gross income shall not include gain from the sale of the principal residence of the taxpayer if-- ``(A) the taxpayer attained age 55 before the date of such sale, and ``(B) within the 2-year period beginning on such date, the taxpayer has as his principal residence a qualified continuing care retirement community. ``(2) Limitation.--The amount excluded from gross income under paragraph (1) shall not exceed the amount paid by the taxpayer during such 2-year period to such retirement community in order for the taxpayer or his spouse to reside in such community. ``(3) Recapture in certain cases.-- ``(A) In general.--If the taxpayer ceases to have as his principal residence (other than by reason of death) a qualified continuing care retirement community, the amount excluded from gross income under paragraph (1) shall be included in gross income for the taxable year in which such cessation occurs. ``(B) Exceptions.--The amount includible in gross income under subparagraph (A) shall be reduced by the amount paid by the taxpayer (during the 6-month period after the date of cessation)-- ``(i) to a qualified continuing care retirement community in order for the taxpayer or his spouse to reside in such community (but only if the community becomes the principal residence of the taxpayer or his spouse during such period), or ``(ii) for qualified long-term care expenses (as defined in section 408(d)(8)) of the taxpayer or his spouse. ``(4) Special rules for married individuals.--In the case of a husband and wife who file a joint return for the taxable year which includes the date of the sale of the old residence-- ``(A) the age requirement of paragraph (1)(A) shall be treated as met if either spouse meets such requirement, and ``(B) paragraph (3) shall be applied by taking into account one-half of the gain with respect to each spouse. ``(5) Qualified continuing care retirement community.--For purposes of this subsection, the term `qualified continuing care retirement community' has the meaning given such term by section 7872(g).'' (b) Effective Date.--The amendments made by this section shall apply to old residences sold after the date of the enactment of this Act. SEC. 3. EXCLUSION FROM GROSS INCOME FOR AMOUNTS WITHDRAWN FROM INDIVIDUAL RETIREMENT PLANS FOR LONG-TERM CARE. (a) In General.--Subsection (d) of section 408 of the Internal Revenue Code of 1986 (relating to tax treatment of distributions from individual retirement plans) is amended by adding at the end thereof the following new paragraph: ``(8) Distributions for qualified long-term care expenses.-- ``(A) In general.--No amount (which but for this paragraph would be includible in the gross income of the payee or distributee under paragraph (1)) shall be included in gross income during the taxable year if-- ``(i) the payee or distributee has attained age 59\1/2\ on or before the date of the distribution, and ``(ii) the distribution is used during such year to pay qualified long-term care expenses for the benefit of the payee or distributee or the spouse of the payee or distributee if such spouse has attained age 59\1/2\ on or before the date of the distribution. ``(B) Qualified long-term care expenses.--For purposes of subparagraph (A), the term `qualified long- term care expenses' means any amount paid-- ``(i) as premiums for any qualified long- term care insurance policy, or ``(ii) for services of a type for which coverage may be provided under a qualified long-term care insurance policy. ``(C) Qualified long-term care insurance policy.-- For purposes of subparagraph (B)-- ``(i) In general.--Subject to clause (ii), the term `qualified long-term care insurance policy' means an insurance policy or rider, issued by a qualified issuer, and certified by the Secretary of Health and Human Services (in accordance with procedures similar to the procedures prescribed in section 1882 of the Social Security Act (42 U.S.C. 1385ss) used in the certification of medicare supplemental policies (as defined in subsection (g)(1) of such section)) to be advertised, marketed, offered, or designed to provide coverage-- ``(I) for not less than 12 consecutive months for each covered person, ``(II) on an expense incurred, indemnity, or prepaid basis, ``(III) for 1 or more medically necessary, diagnostic services, preventive services, therapeutic services, rehabilitation services, maintenance services, personal care services, or continuing care services, and ``(IV) provided in a setting other than an acute care unit of a hospital. ``(ii) Coverage specifically excluded.-- Such term does not include any insurance policy or rider which is offered primarily to provide any combination of the following kinds of coverage: ``(I) Basic Medicare supplement coverage. ``(II) Basic hospital expense coverage. ``(III) Basic medical-surgical expense coverage. ``(IV) Hospital confinement indemnity coverage. ``(V) Major medical expense coverage. ``(VI) Disability income protection coverage. ``(VII) Accident only coverage. ``(VIII) Specified disease coverage. ``(IX) Specified accident coverage. ``(X) Limited benefit health coverage. ``(iii) Qualified issuer.--For purposes of clause (i), the term `qualified issuer' means any of the following: ``(I) Private insurance company. ``(II) Fraternal benefit society. ``(III) Nonprofit health corporation. ``(IV) Nonprofit hospital corporation. ``(V) Nonprofit medical service corporation. ``(VI) Prepaid health plan.'' (b) Effective Date.--The amendment made by subsection (a) shall apply to distributions after the date of the enactment of this Act in taxable years ending after such date. SEC. 4. INCREASE IN EXCLUSION OF GAIN ON SALE OF PRINCIPAL RESIDENCE BY INDIVIDUALS WHO HAVE ATTAINED AGE 55 FOR AMOUNTS SET ASIDE FOR LONG-TERM CARE. (a) In General.--Paragraph (1) of section 121(b) of the Internal Revenue Code of 1986 (relating to one-time exclusion of gain from sale of principal residence by individual who has attained age 55) is amended to read as follows: ``(1) Dollar limitation.-- ``(A) In general.--The amount of the gain excluded from gross income under subsection (a) shall not exceed $125,000 ($62,500 in the case of a separate return by a married individual). ``(B) Exception for amounts set aside for long-term care.-- ``(i) In general.--The dollar amount applicable under subparagraph (A) shall be increased by the amount set aside by the taxpayer (during the taxable year in which the sale or exchange occurs) in a separate account the principal and earnings on which are to be used by the taxpayer only to pay qualified long-term care expenses (as defined in section 408(d)(8)) for the benefit of the taxpayer or the spouse of the taxpayer. ``(ii) Tax on amounts not used for long- term care expenses.--If any amount paid or distributed from an account described in clause (i) is used other than to pay qualified long- term care expenses (as so defined) for the benefit of the taxpayer or the spouse of the taxpayer-- ``(I) such amount shall be includible in gross income for the taxable year in which paid or distributed, and ``(II) the taxpayer's tax imposed by this chapter for such taxable year shall be increased by an amount equal to 10 percent of such amount.'' (b) Effective Date.--The amendment made by subsection (a) shall apply to sales and exchanges after the date of the enactment of this Act in taxable years ending after such date. SEC. 5. FEDERAL PREEMPTION RELATING TO REVERSE MORTGAGE LOANS. (a) Laws Relating Generally to Mortgages.--No State or political subdivision of a State may establish, continue in effect, or enforce any mortgage loan law, as such law applies to any reverse mortgage loan, unless the mortgage loan law expressly applies to reverse mortgage loans (or to certain types of such loans) or on its face evidences the existence of reverse mortgage loans (or certain types of such loans). (b) Savings Provision.--Subsection (a) may not be construed-- (1) to annul, alter, or affect any mortgage loan law as such law applies to any mortgage loan that is not a reverse mortgage loan; or (2) to limit the authority of any State or any political subdivision of a State to establish, continue in effect, or enforce any provision of law expressly applicable to reverse mortgage loans (or certain types of such loans). (c) Definitions.--For purposes of this section, the following definitions shall apply: (1) Mortgage loan.--The term ``mortgage loan'' means any loan for the unpaid purchase price of real property or advances on real property that, pursuant to the laws of the applicable State or political subdivision of a State, is secured by any lien on or interest in the property. (2) Mortgage loan law.--The term ``mortgage loan law'' means any law that applies to any mortgage loan or regulates, limits, authorizes, or otherwise affects any mortgage loan. (3) Reverse mortgage.--The term ``reverse mortgage'' means any mortgage loan-- (A) that is secured by a dwelling that is the principal residence of the borrower and is designed principally as a 1-family residence; (B) under which payments are made to the borrower based on the equity of the borrower in the residence; (C) under which no repayment of principal and interest is required until the entire indebtedness under the loan becomes due and payable; and (D) that provides that the borrower shall not be liable for any remaining indebtedness resulting from the failure of the security for the loan to cover the entire indebtedness under the loan. SEC. 6. PROCEEDS FROM REVERSE MORTGAGE LOANS NOT TREATED AS INCOME OR RECEIPTS FOR MEANS-TESTED PROGRAMS. For purposes of any Federal program and any State or local program financed in whole or in part with Federal funds-- (1) any payment under a reverse mortgage (as defined in section 5) made to an individual shall not be taken into account as income or receipts for purposes of determining the eligibility, for the month in which such payment is made or any month thereafter, of such individual or any other individual for benefits or assistance, or the amount or extent of benefits or assistance, under such a program, and (2) any unpaid amounts under such a mortgage shall be treated as the borrower's equity in the residence and shall not be treated as loan proceeds.	Long-Term Care Act of 1994 - Amends the Internal Revenue Code to provide for the nonrecognition of gain from the sale of a principal residence if the new residence is a qualified continuing care retirement community and the taxpayer has attained the age 55. Excludes from gross income amounts withdrawn from individual retirement plans or certain pension plans to pay qualified long-term care insurance expenses. Increases the one-time exclusion of gain on the sale of a principal residence by individuals who have attained age 55 by the amount set aside for the long-term care of such individuals. Requires State mortgage loan laws to expressly apply to reverse mortgage loans. Provides that proceeds from reverse mortgage loans shall not be treated as income or receipts for means-tested programs.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Gulf Coast Access to Savings Act of 2010''. SEC. 2. DISTRIBUTIONS FROM RETIREMENT PLANS FOR LOSSES BY REASON OF GULF OIL SPILL. (a) In General.--Subchapter Y of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: ``PART IV--GULF OIL SPILL ``SEC. 1400V-1. SPECIAL RULES FOR USE OF RETIREMENT FUNDS. ``(a) Tax-favored Withdrawals From Retirement Plans.-- ``(1) In general.--Section 72(t) shall not apply to any qualified oil spill distribution. ``(2) Aggregate dollar limitation.-- ``(A) In general.--For purposes of this subsection, the aggregate amount of distributions received by an individual which may be treated as qualified oil spill distributions for any taxable year shall not exceed the excess (if any) of-- ``(i) $50,000, over ``(ii) the aggregate amounts treated as qualified oil spill distributions received by such individual for all prior taxable years. ``(B) Treatment of plan distributions.--If a distribution to an individual would (without regard to subparagraph (A)) be a qualified oil spill distribution, a plan shall not be treated as violating any requirement of this title merely because the plan treats such distribution as a qualified oil spill distribution, unless the aggregate amount of such distributions from all plans maintained by the employer (and any member of any controlled group which includes the employer) to such individual exceeds $50,000. ``(C) Controlled group.--For purposes of subparagraph (B), the term `controlled group' means any group treated as a single employer under subsection (b), (c), (m), or (o) of section 414. ``(3) Amount distributed may be repaid.-- ``(A) In general.--Any individual who receives a qualified oil spill distribution may, at any time during the 3-year period beginning on the day after the date on which such distribution was received, make one or more contributions in an aggregate amount not to exceed the amount of such distribution to an eligible retirement plan of which such individual is a beneficiary and to which a rollover contribution of such distribution could be made under section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16), as the case may be. ``(B) Treatment of repayments of distributions from eligible retirement plans other than iras.--For purposes of this title, if a contribution is made pursuant to subparagraph (A) with respect to a qualified oil spill distribution from an eligible retirement plan other than an individual retirement plan, then the taxpayer shall, to the extent of the amount of the contribution, be treated as having received the qualified oil spill distribution in an eligible rollover distribution (as defined in section 402(c)(4)) and as having transferred the amount to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. ``(C) Treatment of repayments for distributions from iras.--For purposes of this title, if a contribution is made pursuant to subparagraph (A) with respect to a qualified oil spill distribution from an individual retirement plan (as defined by section 7701(a)(37)), then, to the extent of the amount of the contribution, the qualified oil spill distribution shall be treated as a distribution described in section 408(d)(3) and as having been transferred to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. ``(4) Definitions.--For purposes of this subsection-- ``(A) Qualified oil spill distribution.--Except as provided in paragraph (2), the term `qualified oil spill distribution' means any distribution from an eligible retirement plan made on or after April 20, 2010, and before January 1, 2011, to an individual whose principal place of abode on April 20, 2010, is located in the State of Florida, Alabama, Mississippi, Louisiana, or Texas and who has sustained an economic loss as a result of the explosion on and sinking of the mobile off shore drilling unit Deepwater Horizon, the discharge of oil in the Gulf of Mexico caused by such explosion and sinking, or the effects of such discharge on the economy in the areas affected by such discharge. ``(B) Eligible retirement plan.--The term `eligible retirement plan' shall have the meaning given such term by section 402(c)(8)(B). ``(5) Income inclusion spread over 3-year period.-- ``(A) In general.--In the case of any qualified oil spill distribution, unless the taxpayer elects not to have this paragraph apply for any taxable year, any amount required to be included in gross income for such taxable year shall be so included ratably over the 3- taxable year period beginning with such taxable year. ``(B) Special rule.--For purposes of subparagraph (A), rules similar to the rules of subparagraph (E) of section 408A(d)(3) shall apply. ``(6) Special rules.-- ``(A) Exemption of distributions from trustee to trustee transfer and withholding rules.--For purposes of sections 401(a)(31), 402(f), and 3405, qualified oil spill distributions shall not be treated as eligible rollover distributions. ``(B) Qualified hurricane distributions treated as meeting plan distribution requirements.--For purposes this title, a qualified hurricane distribution shall be treated as meeting the requirements of sections 401(k)(2)(B)(i), 403(b)(7)(A)(ii), 403(b)(11), and 457(d)(1)(A). ``(b) Recontributions of Withdrawals for Home Purchases.-- ``(1) Recontributions.-- ``(A) In general.--Any individual who received a qualified distribution may, during the applicable period, make one or more contributions in an aggregate amount not to exceed the amount of such qualified distribution to an eligible retirement plan (as defined in section 402(c)(8)(B)) of which such individual is a beneficiary and to which a rollover contribution of such distribution could be made under section 402(c), 403(a)(4), 403(b)(8), or 408(d)(3), as the case may be. ``(B) Treatment of repayments.--Rules similar to the rules of subparagraphs (B) and (C) of subsection (a)(3) shall apply for purposes of this subsection. ``(2) Qualified distribution.--For purposes of this subsection-- ``(A) In general.--The term `qualified distribution' means any distribution-- ``(i) described in section 401(k)(2)(B)(i)(IV), 403(b)(7)(A)(ii) (but only to the extent such distribution relates to financial hardship), 403(b)(11)(B), or 72(t)(2)(F), ``(ii) received after October 19, 2009, and before April 20, 2010, and ``(iii) which was to be used to purchase or construct a principal residence in the State of Florida, Alabama, Mississippi, Louisiana, or Texas Hurricane Katrina disaster area, but which was not so purchased or constructed on account of the explosion on and sinking of the mobile off shore drilling unit Deepwater Horizon or the discharge of oil in the Gulf of Mexico caused by such explosion and sinking. ``(3) Applicable period.--For purposes of this subsection, the term `applicable period' means the period beginning on April 20, 2010, and ending on December 31, 2010. ``(c) Loans From Qualified Plans.-- ``(1) Increase in limit on loans not treated as distributions.--In the case of any loan from a qualified employer plan (as defined under section 72(p)(4)) to a qualified individual made during the applicable period-- ``(A) clause (i) of section 72(p)(2)(A) shall be applied by substituting `$100,000' for `$50,000', and ``(B) clause (ii) of such section shall be applied by substituting `the present value of the nonforfeitable accrued benefit of the employee under the plan' for `one-half of the present value of the nonforfeitable accrued benefit of the employee under the plan'. ``(2) Delay of repayment.--In the case of a qualified individual with an outstanding loan on or after the qualified beginning date from a qualified employer plan (as defined in section 72(p)(4))-- ``(A) if the due date pursuant to subparagraph (B) or (C) of section 72(p)(2) for any repayment with respect to such loan occurs during the period beginning on the qualified beginning date and ending on December 31, 2010, such due date shall be delayed for 1 year, ``(B) any subsequent repayments with respect to any such loan shall be appropriately adjusted to reflect the delay in the due date under paragraph (1) and any interest accruing during such delay, and ``(C) in determining the 5-year period and the term of a loan under subparagraph (B) or (C) of section 72(p)(2), the period described in subparagraph (A) shall be disregarded. ``(3) Qualified individual.--For purposes of this subsection, the term `qualified individual' means any individual whose principal place of abode on April 20, 2010, is located in the State of Florida, Alabama, Mississippi, Louisiana, or Texas and who has sustained an economic loss as a result of the explosion on and sinking of the mobile off shore drilling unit Deepwater Horizon, the discharge of oil in the Gulf of Mexico caused by such explosion and sinking, or the effects of such discharge on the economy in the areas affected by such discharge. ``(4) Applicable period; qualified beginning date.--For purposes of this subsection-- ``(A) the applicable period is the period beginning on April 20, 2010, and ending on December 31, 2010, and ``(B) the qualified beginning date is April 20, 2010. ``(d) Provisions Relating to Plan Amendments.-- ``(1) In general.--If this subsection applies to any amendment to any plan or annuity contract, such plan or contract shall be treated as being operated in accordance with the terms of the plan during the period described in paragraph (2)(B)(i). ``(2) Amendments to which subsection applies.-- ``(A) In general.--This subsection shall apply to any amendment to any plan or annuity contract which is made-- ``(i) pursuant to any provision of this section, or pursuant to any regulation issued by the Secretary or the Secretary of Labor under any provision of this section, and ``(ii) on or before the last day of the first plan year beginning on or after April 20, 2010, or such later date as the Secretary may prescribe. In the case of a governmental plan (as defined in section 414(d)), clause (ii) shall be applied by substituting the date which is 2 years after the date otherwise applied under clause (ii). ``(B) Conditions.--This subsection shall not apply to any amendment unless-- ``(i) during the period-- ``(I) beginning on the date that this section or the regulation described in subparagraph (A)(i) takes effect (or in the case of a plan or contract amendment not required by this section or such regulation, the effective date specified by the plan), and ``(II) ending on the date described in subparagraph (A)(ii) (or, if earlier, the date the plan or contract amendment is adopted), the plan or contract is operated as if such plan or contract amendment were in effect, and ``(ii) such plan or contract amendment applies retroactively for such period.''. (b) Conforming Amendment.--The table of sections for subchapter Y of chapter 1 of such Code is amended by adding at the end the following new item: ``Part IV--Gulf Oil Spill ``Sec. 1400V-1. Special rules for use of retirement funds.''. (c) Effective Date.--The amendments made by this Act shall apply to distributions on or after April 20, 2010.	Gulf Coast Access to Savings Act of 2010 - Amends the Internal Revenue Code to allow tax-free distributions, up to $50,000 in any taxable year, from retirement plans on or after April 20, 2010, and before January 1, 2011, for individuals whose principal place of abode is in Florida, Alabama, Mississippi, Louisiana, or Texas and who sustained an economic loss caused by the explosion on and sinking of the Deepwater Horizon offshore drilling unit, the resulting discharge of oil in the Gulf of Mexico, or the effects of such discharge on the economy in the affected areas. Provides tax incentives for the use of distributions by individuals in affected states to make home purchases. Increases to $100,000 the amount which may be borrowed without penalty from an employer benefit plan by individuals in affected states.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Philanthropic Enterprise Act of 2012''. SEC. 2. EXCEPTION FROM PRIVATE FOUNDATION EXCESS BUSINESS HOLDING TAX FOR CERTAIN PHILANTHROPIC BUSINESS HOLDINGS. (a) In General.--Section 4943 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(g) Exception for Certain Philanthropic Business Holdings.-- ``(1) In general.--Subsection (a) shall not apply with respect to the holdings of a private foundation in any business enterprise which for the taxable year meets-- ``(A) the exclusive ownership requirements of paragraph (2), ``(B) the minimum distribution requirement of paragraph (3), and ``(C) the independent operation requirements of paragraph (4). ``(2) Exclusive ownership.--The exclusive ownership requirements of this paragraph are met if-- ``(A) all ownership interests in the business enterprise are held by the private foundation at all times during the taxable year, and ``(B) all the private foundation's ownership interests in the business enterprise were acquired under the terms of a will or trust upon the death of the testator or settlor, as the case may be. ``(3) Minimum distribution.-- ``(A) In general.--The minimum distribution requirement of this paragraph is met if the business enterprise, not later than 120 days after the close of the taxable year, distributes an amount equal to its net operating income for such taxable year to the private foundation. ``(B) Net operating income.--For purposes of this paragraph, the net operating income of any business enterprise for any taxable year is an amount equal to the gross income of the business enterprise for the taxable year, reduced by the sum of-- ``(i) the deductions allowed by chapter 1 for the taxable year which are directly connected with the production of such income, ``(ii) the tax imposed by chapter 1 on the business enterprise for the taxable year, and ``(iii) an amount for a reasonable reserve for working capital and other business needs of the business enterprise. ``(4) Independent operation.--The independent operation requirements of this paragraph are met if, at all times during the taxable year-- ``(A) no substantial contributor (as defined in section 4958(c)(3)(C)) to the private foundation, or family member of such a contributor (determined under section 4958(f)(4)) is a director, officer, trustee, manager, employee, or contractor of the business enterprise (or an individual having powers or responsibilities similar to any of the foregoing), ``(B) at least a majority of the board of directors of the private foundation are not also directors or officers of the business enterprise, and ``(C) there is no loan outstanding from the business enterprise to a substantial contributor (as so defined) to the private foundation or a family member of such contributor (as so determined). ``(5) Certain deemed private foundations excluded.--This subsection shall not apply to-- ``(A) any fund or organization treated as a private foundation for purposes of this section by reason of subsection (e) or (f), ``(B) any trust described in section 4947(a)(1) (relating to charitable trusts), and ``(C) any trust described in section 4947(a)(2) (relating to split-interest trusts).''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2011. SEC. 3. EXCEPTION TO UNRELATED BUSINESS TAX ON SPECIFIED PAYMENTS FROM CERTAIN CONTROLLED ENTITIES. (a) In General.--Paragraph (13) of section 512(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(G) Subparagraph not to apply to payments from certain philanthropic controlled entities.-- Subparagraph (A) shall not apply to any payment not in excess of fair market value to a private foundation from an entity which is a business enterprise described in section 4943(g)(1) with respect to such foundation.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2011.	Philanthropic Enterprise Act of 2012 - Amends the Internal Revenue Code to exempt the holdings of a private foundation in any business enterprise that meet specified requirements relating to exclusive ownership, minimum distribution of net operating income, and independent operation (i.e., not controlled by a substantial contributor) from the excise tax on excess business holdings and unrelated business income.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving Access to Life-Saving Medications Act''. SEC. 2. DRUG SHORTAGES. (a) Expansion of Notification Requirement Regarding Potential Shortages of Prescription Drugs.--Section 506C of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356c) is amended-- (1) in the section heading, by striking ``discontinuance of a life saving product'' and inserting ``discontinuance or interruption of the manufacture of a prescription drug''; and (2) by amending subsection (a) to read as follows: ``(a) In General.-- ``(1) Definition.--In this section, the terms `drug shortage' and `shortage', when used with respect to a drug, mean a period of time when the total supply of all versions of a drug available at the user level will not meet the current demand for the drug at the user level. ``(2) Notification.--A manufacturer of a drug described in paragraph (3) shall notify the Secretary of a discontinuance, interruption, or other adjustment of the manufacture of the drug that would likely result in a shortage of such drug-- ``(A) in the case of a discontinuance or planned interruption or adjustment, at least 6 months prior to the date of such discontinuance or planned interruption or adjustment; and ``(B) in the case of any other interruption or adjustment, as soon as practicable after becoming aware of such interruption or adjustment. ``(3) Drugs described.--A drug described in this paragraph is a drug-- ``(A) for which an application has been approved under section 505(b) or 505(j); ``(B) that is described in section 503(b)(1); and ``(C) that is not a product that was originally derived from human tissue and was replaced by a recombinant product. ``(4) Types of adjustments.--An adjustment for which a manufacturer shall submit a notification under paragraph (2) includes-- ``(A) adjustments related to the supply of raw materials, including active pharmaceutical ingredients; ``(B) adjustments to production capabilities; ``(C) business decisions that may affect the manufacture of the drug, such as mergers, discontinuations, and a change in production output; and ``(D) other adjustments as determined appropriate by the Secretary. ``(5) Modification of time frames.--The Secretary may adjust the required time frame under paragraph (2) as determined appropriate by the Secretary based on-- ``(A) the type of interruption or adjustment at issue; and ``(B) any other factor, as determined by the Secretary. ``(6) Enforcement.--Not later than 180 days after the date of enactment of this section, the Secretary shall promulgate regulations establishing a schedule of civil monetary penalties for failure to submit a notification as required under this subsection.''. (b) Confidentiality of Information.--Section 506C(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356c(c)) is amended to read as follows: ``(c) Confidentiality of Information.--The Secretary shall ensure the confidentiality of proprietary information submitted in a notification under subsection (a).''. (c) Public Notification.--Section 506C of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356c) is amended by adding at the end the following: ``(d) Public Notification.-- ``(1) Notification of shortages.--The Secretary shall publish information on the types of adjustments for which a notification is required under subsection (a)(4) and on actual drug shortages on the Internet Web site of the Food and Drug Administration and, to the maximum extent practicable, distribute such information to appropriate health care provider and patient organizations. ``(2) Identification and notification of drugs vulnerable to drug shortage.-- ``(A) In general.--The Secretary shall implement evidence-based criteria for identifying drugs that may be vulnerable to a drug shortage. Such criteria shall be based on-- ``(i) the number of manufacturers of the drug; ``(ii) the sources of raw material or active pharmaceutical ingredients; ``(iii) the supply chain characteristics, such as production complexities; and ``(iv) the availability of therapeutic alternatives. ``(B) Notification.--If the Secretary determines using the criteria under subparagraph (A) that a drug may be vulnerable to a drug shortage, the Secretary shall notify the manufacturer of the drug of such determination and of the collaboration described under paragraph (3). ``(3) Continuity of operations plans.--The Secretary shall collaborate with manufacturers of drugs identified pursuant to paragraph (2) to establish and improve continuity of operations plans with respect to medically necessary drugs, as defined by the Secretary, so that such plans include a process for addressing drug shortages.''. SEC. 3. MANUFACTURER REVIEW. Section 510(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(h)) is amended-- (1) by striking ``(h)'' and inserting ``(h)(1)''; and (2) by inserting at the end the following: ``(2)(A) If an establishment registered with the Secretary pursuant to this section is subject to a reinspection due to failure to comply with a requirement of this Act, the Secretary shall conduct such reinspection not later than 90 days after the establishment certifies to the Secretary that the establishment has corrected the reason for such failure. ``(B) The Secretary shall prioritize reinspections described in subparagraph (A) based on whether the establishment involved manufactures, propagates, compounds, or processes a drug involved in a drug shortage (as defined in section 506C).''. SEC. 4. REPORTS TO CONGRESS. Not later than 1 year after the date of enactment of this Act, and on an annual basis thereafter, the Secretary of Health and Human Services shall submit to Congress a report that describes the actions taken by such Secretary during the previous 1-year period to address drug shortages through all aspects of the prescription drug supply chain.	Preserving Access to Life-Saving Medications Act - Amends the Federal Food, Drug, and Cosmetic Act to require a prescription drug manufacturer to notify the Secretary of Health and Human Services (HHS) of a discontinuance, interruption, or other adjustment of the manufacture of the drug that would likely result in a shortage of such drug. Requires: (1) six months notice of any discontinuance or planned interruption or adjustment, and (2) notice as soon as practicable after becoming aware of such interruption or adjustment in the case of any other interruption or adjustment. Applies this Act to any approved prescription drug that is not a product that was originally derived from human tissue and was replaced by a recombinant product. Sets forth the types of adjustment for which a manufacturer must submit notice, including: (1) adjustments related to the supply of raw materials, (2) adjustments to production capabilities, (3) business decisions that may affect the manufacture of the drug, and (4) other adjustments as determined appropriate by the Secretary.
SECTION 1. SHORT TITLE; REFERENCES IN ACT. (a) Short Title.--This Act may be cited as the ``District of Columbia Legislative and Budget Autonomy Act of 1998''. (b) References in Act.--Whenever in this Act an amendment is expressed in terms of an amendment to or repeal of a section or other provision, the reference shall be considered to be made to that section or other provision of the District of Columbia Home Rule Act. SEC. 2. DISTRICT OF COLUMBIA BUDGET AUTONOMY. (a) Enactment of District of Columbia Budget Without Further Congressional Approval.-- (1) In general.--Section 446 (sec. 47-304, D.C. Code) is amended by striking the third, fourth, and fifth sentences and inserting the following: ``Except as provided in section 467(d), section 471(c), section 472(d)(2), section 483(d), and subsections (f) and (g)(3) of section 490, no amount may be obligated or expended by any officer or employee of the District of Columbia government unless such amount has been approved by an act of the Council, and then only in accordance with such authorization.''. (2) Conforming amendments.--(A) Sections 467(d), 471(c), 472(d)(2), and 483(d) and subsections (f) and (g)(3) of section 490 are each amended by striking ``fourth sentence'' and inserting ``second sentence''. (B) Section 412(a) (D.C. Code, sec. 1-229(a)) is amended by striking ``(other than an act to which section 446 applies)''. (3) Clerical amendments.--(A) The heading of section 446 is amended to read as follows: ``enactment of budget by the council'' (B) The item relating to section 446 in the table of contents is amended to read as follows: ``Sec. 446. Enactment of budget by the Council.''. (b) Action by Council of District of Columbia on Budget Acts.-- Section 404(f) (sec. 1-227(f), D.C. Code) is amended by striking ``transmitted by the Chairman to the President of the United States'' both places it appears and inserting ``incorporated in such Act''. (c) Permitting Employees To Be Hired if Position Authorized by Act of the Council.--Section 447 (sec. 47-305, D.C. Code) is amended-- (1) by striking ``Act of Congress'' and inserting ``act of the Council'' both places it appears; and (2) by striking ``Acts of Congress'' and inserting ``acts of the Council''. (d) Amendments to Limitations on Borrowing and Spending by the District To Reflect Changes in Budget Process.-- (1) Federal authority over budget-making process.--Section 603 (sec. 47-313, D.C. Code) is amended-- (A) by striking subsections (a) and (d); and (B) by redesignating subsections (b), (c), and (e) as subsections (a), (b), and (c). (2) Conforming amendments.--(A) Section 443(8) (sec. 47- 302(8), D.C. Code) is amended by striking ``section 603(b)'' and inserting ``section 603(a)''. (B) Section 445 (sec. 47-304, D.C. Code) is amended by striking ``603(c)'' and inserting ``603(b)''. (C) Section 461(a)(1) (sec. 47-321(a), D.C. Code) is amended by striking ``section 603(b)'' and inserting ``section 603(a)''. (D) Section 487(a) (sec. 43-1615(a), D.C. Code) is amended by striking ``section 603(b)'' and inserting ``section 603(a)''. (e) Effective Date.--The amendments made by this section shall apply to budgets of the District of Columbia for fiscal years beginning on or after October 1, 1998. SEC. 3. ELIMINATION OF CONGRESSIONAL REVIEW OF NEWLY-PASSED DISTRICT LAWS. (a) In General.--Section 602 (sec. 1-233, D.C. Code) is amended by striking subsection (c). (b) Congressional Resolutions of Disapproval.-- (1) In general.--The District of Columbia Home Rule Act is amended by striking section 604. (2) Clerical amendment.--The table of contents is amended by striking the item relating to section 604. (3) Exercise of rulemaking power.--This subsection and the amendments made by this subsection are enacted by Congress-- (A) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as a part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and (B) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of such House. (c) Conforming Amendments.--(1) Section 303 (sec. 1-205, D.C. Code) is amended-- (A) in subsection (a), by striking the second sentence; and (B) by striking subsection (b) and redesignating subsections (c) and (d) as subsections (b) and (c). (2) Section 404(e) (sec. 1-227(e), D.C. Code) is amended by striking ``subject to the provisions of section 602(c)'' each place it appears. (3) Section 462 (sec. 47-322, D.C. Code) is amended-- (A) in subsection (a), by striking ``(a) The Council'' and inserting ``The Council''; and (B) by striking subsections (b) and (c). (4) Section 472(d) (sec. 47-328, D.C. Code) is amended by striking ``(1) Notwithstanding'' and all that follows through ``(2)''. (5) Section 2(b)(1) of Amendment No. 1 (relating to initiative and referendum) to title IV (the District Charter) (sec. 1-282(b)(1), D.C. Code) is amended by striking ``the appropriate custodian'' and all that follows through ``portion of such act to''. (6) Section 5 of Amendment No. 1 (relating to initiative and referendum) to title IV (the District Charter) (sec. 1-285, D.C. Code) is amended by striking ``, and such act'' and all that follows and inserting a period. (7) Section 16 of the District of Columbia Election Code of 1955 (sec. 1-1320, D.C. Code)-- (A) in subsection (j)(2)-- (i) by striking ``sections 404 and 602(c)'' and inserting ``section 404'', and (ii) by striking the second sentence; and (B) in subsection (m)-- (i) in the first sentence, by striking ``the appropriate custodian'' and all that follows through ``parts of such act to'', (ii) by striking ``is held. If, however, after'' and inserting ``is held unless, under'', and (iii) by striking ``section, the act which'' and all that follows and inserting ``section.''. (d) Effective Date.--The amendments made by this section shall apply with respect to each act of the District of Columbia-- (1) passed by the Council of the District of Columbia and signed by the Mayor of the District of Columbia; (2) vetoed by the Mayor and repassed by the Council; (3) passed by the Council and allowed to become effective by the Mayor without the Mayor's signature; and (4) in the case of initiated acts and acts subject to referendum, ratified by a majority of the registered qualified electors voting on the initiative or referendum, on or after October 1, 1998.	District of Columbia Legislative and Budget Autonomy Act of 1998 - Amends the District of Columbia Home Rule Act to provide that the District of Columbia Budget passed by the Council of the District of Columbia shall be enacted without referral to the President or approval by the Congress. Repeals the mandate for congressional review of newly-passed District laws.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Cost of Production Safety Net Act of 1998''. SEC. 2. DEFINITIONS. In this Act: (1) Loan commodity.--The term ``loan commodity'' means wheat, corn, oats, rye, barley, and grain sorghums. (2) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 3. FAIR RETURN COMMODITY LOANS FOR WHEAT AND FEED GRAINS. (a) In General.-- (1) Loans.--For each of the 1998 and subsequent crops of a loan commodity, the Secretary shall make available to producers on a farm described in paragraph (2) nonrecourse fair return commodity loans at such rate as the Secretary determines will provide a fair return to the producers in relation to the cost of production of the loan commodity. (2) Eligibility.--To be eligible to obtain a loan for a loan commodity under paragraph (1), the producers on a farm must agree to forgo obtaining a marketing assistance loan under subtitle C of the Agricultural Market Transition Act (7 U.S.C. 7231 et seq.) with respect to the loan commodity. (b) Loan Rates.-- (1) Wheat and corn.-- (A) In general.--The loan rate for wheat and corn, respectively, determined under subsection (a) shall not be less than 75 percent of the simple average of the annual economic costs of production of wheat and corn, respectively, in the United States during the most recent 5 crop years for which data are available. (B) Calculation.--The costs of production under subparagraph (A) shall be based on the yield for each planted acre, as determined by the Secretary using the economic costs of production data series of the Economic Research Service. (2) Other feed grains.--The loan rate for grain sorghum, barley, and oats, respectively, determined under subsection (a) shall be established at such level as the Secretary determines is fair and reasonable in relation to the rate that loans are made available for corn, taking into consideration the feeding value of the commodity in relation to the feeding value of corn. (c) Term of Loans.-- (1) In general.--Subject to paragraph (2), a fair return commodity loan made under this section shall have a term of 12 months beginning on the first day of the first month after the month in which the loan is made. (2) Extension.--The Secretary may extend the term of a fair return commodity loan made to producers on a farm for any loan commodity for 1 6-month period if the Secretary determines that the extension would be beneficial to the producers in marketing the loan commodity. (d) Repayment Rates.--The Secretary shall permit the producers on a farm to repay a fair return commodity loan under this section for a loan commodity at a rate that is the lesser of-- (1) the loan rate established for the loan commodity under subsection (b), plus interest (as determined by the Secretary); or (2) a rate that the Secretary determines will-- (A) minimize potential loan forfeitures; (B) minimize the accumulation of stocks of the loan commodity by the Federal Government; (C) minimize the cost incurred by the Federal Government in storing the loan commodity; and (D) allow the loan commodity produced in the United States to be marketed freely and competitively, domestically and internationally. SEC. 4. LIMITATIONS. (a) Maximum Quantity of Loan Commodities.--The maximum quantity of a loan commodity that producers on a farm are eligible to place under loan to receive a fair return commodity loan under this Act during any crop year shall be-- (1) in the case of wheat, 20,000 bushels; (2) in the case of corn, 30,000 bushels; and (3) in the case of grain sorghum, barley, and oats, a quantity that the Secretary determines is equivalent to 30,000 bushels of corn. (b) Maximum Amount of Loans and Payments.-- (1) In general.--The total amount of fair return commodity loans that a person shall be entitled to receive under this Act for 1 or more loan commodities during any crop year shall not exceed $100,000. (2) Regulation.-- (A) In general.--The Secretary shall promulgate a regulation-- (i) defining the term ``person'' for purposes of this subsection; and (ii) prescribing such rules as the Secretary determines are necessary to ensure a fair and reasonable application of the limitation established under this subsection. (B) Related provisions.--Except as provided in subsection (g), the regulation shall be consistent with paragraphs (5) through (7) of section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308). (c) Eligibility for Loans and Payments.--To be eligible for a fair return commodity loan for a loan commodity under this Act, the producers on a farm shall-- (1) be individuals who own the loan commodity, directly or indirectly; (2) provide resident, day-to-day labor for and management of the farm; and (3) provide capital investment in-- (A) the operation of the farm; and (B) the leasing or ownership of the farm. SEC. 5. ADMINISTRATION. (a) Regulations.--Not later than 90 days after the date of enactment of this Act, the Secretary and the Commodity Credit Corporation, as appropriate, shall promulgate such regulations as are necessary to carry out this Act. (b) Related Provisions.--Subtitle E of the Agricultural Market Transition Act (7 U.S.C. 7281 et seq.) shall apply to fair return commodity loans made under this Act. SEC. 6. EXTENSION OF MARKETING ASSISTANCE LOANS. Section 133 of the Agricultural Market Transition Act (7 U.S.C. 7233) is amended by striking subsection (c) and inserting the following: ``(c) Extension.--The Secretary may extend the term of a marketing assistance loan made to producers on a farm for any loan commodity for 1 9-month period if the Secretary determines that the extension would be beneficial to the producers in marketing the loan commodity.''.	Cost of Production Safety Net Act of 1998 - Directs the Secretary of Agriculture to make nonrecourse commodity loans available at fair return rates to wheat or feed grain producers who agree to forgo obtaining marketing assistance loans. Sets forth loan provisions.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Maritime Goods Movement Act for the 21st Century''. SEC. 2. DEFINITIONS. In this Act: (1) Commercial cargo.--The term ``commercial cargo''-- (A) means-- (i) any cargo transported on a commercial vessel, including passengers transported for compensation or hire; and (ii) international maritime cargo; and (B) does not include-- (i) bunker fuel, ship's stores, sea stores, or the legitimate equipment necessary to the operation of a vessel; or (ii) fish or other aquatic animal life caught and not previously landed on shore. (2) Commercial vessel.--The term ``commercial vessel''-- (A) means any vessel used-- (i) in transporting cargo by water for compensation or hire; or (ii) in transporting cargo by water in the business of the owner, lessee, or operator of the vessel; and (B) does not include any ferry engaged primarily in the ferrying of passengers (including their vehicles) between points within the United States, or between the United States and contiguous countries. (3) Ferry.--The term ``ferry'' means any vessel which arrives in the United States on a regular schedule during its operating season at intervals of at least once each business day. (4) International maritime cargo.--The term ``international maritime cargo'' means any cargo moved by ship that is imported directly into the United States from a point outside the United States, including-- (A) cargo that arrives in the United States by ship; or (B) cargo that is unloaded in an intermediate country and arrives in the United States by another form of transit without being altered in any manner in the intermediate country. (5) Low-use port.--The term ``low-use port'' means a port at which not more than 1,000,000 tons of cargo is transported each calendar year. (6) Point of entry.--The term ``point of entry'' means a place where commercial cargo enters the United States. (7) Port.-- (A) In general.--Except as provided in subparagraphs (B) and (C), or otherwise specifically provided in this Act, the term ``port'' means any channel or harbor (or component thereof) in the United States, which-- (i) is not an inland waterway; and (ii) is open to public navigation. (B) Exception for certain facilities.--The term ``port'' does not include any channel or harbor with respect to which no Federal funds have been used since 1977 for construction, maintenance, or operation, or which was deauthorized by Federal law before 2013. (C) Special rule for the columbia river.--The term ``port'' shall include the channels of the Columbia River in the States of Oregon and Washington only up to the downstream side of the Bonneville Lock and Dam. (8) Super donor port.-- (A) In general.--The term ``super donor port'' means a port for which average expenditures in the 5 previous fiscal years-- (i) for fiscal years beginning prior to the date of the enactment of this Act, from the Harbor Maintenance Trust Fund pursuant to section 9505(c)(1) of the Internal Revenue Code of 1986 (relating to expenditures from the Harbor Maintenance Trust Fund) are less than 10 percent of the total average amount of harbor maintenance taxes collected through landings at such port in such fiscal years; or (ii) for fiscal years beginning after such date of enactment, from the amounts collected for the Maritime Goods Movement User Fee are less than 10 percent of the total average amount of such Fees collected through landings at such port. (B) Included expenditures.--The amount of expenditures under subparagraph (A) shall only include expenditures made at such a port in the immediate harbor area containing docks and other facilities utilized for the loading and unloading of foreign waterborne commerce and in any navigational channels in the United States that are necessary for the transportation of such foreign waterborne commerce between such immediate harbor areas and foreign ports. (9) Value.--The term ``value'' means-- (A) with respect to domestic commercial cargo, the value as determined by standard commercial documentation; (B) with respect to imported commercial cargo, the appraised value for duty as determined under section 402 of the Tariff Act of 1930 (19 U.S.C. 1401a); or (C) with respect to the transportation of passengers for hire, the actual charge paid for such service or the prevailing charge for comparable service if no actual charge is paid. SEC. 3. ESTABLISHMENT OF MARITIME GOODS MOVEMENT USER FEE. (a) Establishment of Fee.-- (1) In general.--Except as otherwise provided in this section, there is imposed a Maritime Goods Movement User Fee on all commercial cargo-- (A) unloaded from or loaded on a commercial vessel at a port; or (B) that enters the United States at a point of entry. (2) Effective date.--The Maritime Goods Movement User Fee shall be imposed on commercial cargo under paragraph (1) beginning on October 1 of the first fiscal year beginning after the date of the enactment of this Act. (b) Fee Amount.--The amount of the Maritime Goods Movement User Fee shall be an amount equal to 0.125 percent of the value of the commercial cargo. (c) Collection of Fee.--The Maritime Goods Movement User Fee shall be collected by U.S. Customs and Border Protection. (d) Time of Imposition of Fee.--The Maritime Goods Movement User Fee shall be imposed on commercial cargo at the time-- (1) the commercial cargo is unloaded from or loaded on a commercial vessel at a port in the United States; or (2) the commercial cargo enters the United States at a point of entry. (e) Inapplicability to Cargo.--No Maritime Goods Movement User Fee shall be imposed under this section on any export of the United States. (f) Coordination of Fee Where Transportation Subject to Tax Imposed Under 4042 of the Internal Revenue Code.--No Maritime Goods Movement User Fee shall be imposed under this section with respect to the loading or unloading of any cargo on or from a vessel if any fuel of such vessel has been (or will be) subject to the tax imposed by section 4042 of the Internal Revenue Code of 1986 (relating to tax on fuels used in commercial transportation on inland waterways). (g) Special Rule for Alaska, Hawaii, and Possessions.-- (1) In general.--No Maritime Goods Movement User Fee shall be imposed on-- (A) cargo loaded on a vessel in a port in the United States mainland for transportation to Alaska, Hawaii, or any possession of the United States for ultimate use or consumption in Alaska, Hawaii, or any possession of the United States; (B) cargo loaded on a vessel in Alaska, Hawaii, or any possession of the United States for transportation to the United States mainland, Alaska, Hawaii, or such a possession for ultimate use or consumption in the United States mainland, Alaska, Hawaii, or such a possession; (C) the unloading of cargo described in subparagraph (A) or (B) in Alaska, Hawaii, or any possession of the United States, or in the United States mainland, respectively; or (D) cargo loaded on a vessel in Alaska, Hawaii, or a possession of the United States and unloaded in the State or possession in which loaded, or passengers transported on United States flag vessels operating solely within the State waters of Alaska or Hawaii and adjacent international waters. (2) Cargo.--For purposes of this subsection, the term ``cargo'' does not include crude oil with respect to Alaska. (3) United states mainland.--For purposes of this section, the term ``United States mainland'' means the continental United States (not including Alaska). (h) Special Rules.--Except as provided by regulations: (1) Fee imposed only once.--The Maritime Goods Movement User Fee shall be imposed on the same commercial cargo only 1 time. (2) Exception for intraport movements.--Under regulations, no Maritime Goods Movement User Fee shall be imposed on the mere movement of commercial cargo within a port. (3) Relay cargo.--Only 1 Maritime Goods Movement User Fee shall be imposed on cargo (moving under a single bill of lading) which is unloaded from one vessel and loaded onto another vessel at any port in the United States for relay to or from any port in Alaska, Hawaii, or any possession of the United States. For purposes of this paragraph, the term ``cargo'' does not include any item not treated as cargo under subsection (g)(2). (i) Exemption for United States.--No Maritime Goods Movement User Fee shall be imposed on the United States or any agency or instrumentality thereof. (j) Exemption for Humanitarian and Development Assistance Cargos.-- No Maritime Goods Movement User Fee shall be imposed on any nonprofit organization or cooperative for cargo which is owned or financed by such nonprofit organization or cooperative and which is certified by the U.S. Customs and Border Protection as intended for use in humanitarian or development assistance overseas. (k) Limitation on Collection of Fee.--No fee may be collected under this section except to the extent that the expenditure of the fee to pay the costs of activities and services for which the fee is imposed is provided for in advance in an appropriations Act. (l) Receipts Credited as Offsetting Collections.--Notwithstanding section 3302 of title 31, United States Code, any fee collected under this section-- (1) shall be credited as offsetting collections to the accounts that finance the activities and services detailed in section 4; (2) shall be available for expenditure only to pay the costs of activities and services detailed in section 4; and (3) shall remain available until expended. SEC. 4. EXPENDITURES OF MARITIME GOODS MOVEMENT USER FEE. (a) Administrative Costs.--Up to $10,000,000 of the amount of the Maritime Goods Movement User Fees collected during any fiscal year shall be used for payment of expenses of administration incurred by the Department of Homeland Security, the Army Corps of Engineers, and the Department of Transportation. (b) Other Expenditures.--The amounts of the Maritime Goods Movement User Fees collected for a fiscal year that are not used for administration under subsection (a) shall be allocated as follows: (1) Harbor maintenance programs.--For the first 5 fiscal years beginning after the date of the enactment of this Act, 95 percent, and for each fiscal year thereafter 80 percent, of such amounts shall be available to pay up to 100 percent of the eligible operations and maintenance costs assigned to commercial navigation of all harbors and inland harbors within the United States, as authorized by section 210(a)(2) of the Water Resources Development Act of 1986 (33 U.S.C. 2238(a)(2)), including the Federal share of the cost of-- (A) maintenance of Federal navigation projects to their authorized depths and widths; (B) disposal of maintenance dredged material; (C) construction and maintenance of dredged material placement facilities; (D) projects or activities for the beneficial use of dredged material or sand mitigation; (E) jetties, breakwaters, bridges, and other navigation structures; and (F) related studies and surveys. (2) Low-use ports.--Of the amounts made available each fiscal year for harbor maintenance programs under paragraph (1), up to 8 percent shall be allocated for low-use ports. Special emphasis shall be placed on low-use ports where there is a Coast Guard presence and low-use ports which the Coast Guard determines to be restricted navigation areas or harbors of refuge. (3) Competitive grant program for goods movement.-- (A) Super donor ports.--For each fiscal year beginning with the sixth fiscal year beginning after the date of the enactment of this Act, 15 percent of the amounts of the Maritime Goods Movement User Fee not used for administration under subsection (a), shall be allocated to super donor ports to carry out projects or activities described in paragraphs (1), (2), and (3) of section 5(e). (B) Other uses.--For each fiscal year beginning after the date of the enactment of this Act, 5 percent of the amounts of the Maritime Goods Movement User Fee not used for administration under subsection (a) shall be allocated to carry out projects or activities described in paragraphs (4), (5), and (6) of subsection 5(e). SEC. 5. COMPETITIVE GRANT PROGRAM FOR GOODS MOVEMENT. (a) Establishment of Grant Program.--There is established a Competitive Grant Program for Goods Movement to be administered by the Secretary of Transportation in consultation with the Assistant Secretary of the Army for Civil Works. (b) Purpose.--The purpose of the Competitive Grant Program for Goods Movement is to provide financial assistance for capital investments that improve the efficiency of the transportation system of the United States to move international maritime cargo. (c) Project Eligibility.-- (1) Minimum number of grantees.--For each fiscal year, there shall be no less than-- (A) 3 grantees that are super donor ports; and (B) 3 grantees that are eligible entities under subsection (d). (2) Cost-share.--The Federal cost share of a project awarded a grant under this section shall be no more than 50 percent of the total cost. (d) Eligible Entity.--A grant under this section may only be awarded to a State or local government entity, including a port authority. (e) Eligible Projects.--A grant awarded under this section may be used for the following: (1) Any in-water improvement in the navigable waters in or near such port that the Secretary of the Army is authorized to make, including environmental remediation and habitat mitigation if certified by the Assistant Secretary to improve the movement of international maritime cargo. (2) Any in water improvement in berthing areas in such port pursuant to a channel widening or deepening project. (3) Maintenance of berthing areas adjacent to navigational channels in such port. (4) Improvements to an intermodal corridor facility project to benefit international maritime cargo as certified by the Secretary of Transportation or designee, in consultation with the Assistant Secretary of the Army for Civil Works or designee. (5) Improvements to a land port of entry project to benefit international maritime cargo as certified by the Secretary of Transportation or designee, in consultation with the Assistant Secretary of the Army for Civil Works or designee. (6) A project that improves access to a port or intermodal terminal facility to benefit international maritime cargo as certified by the Secretary of Transportation or designee, in consultation with the Assistant Secretary of the Army for Civil Works or designee. SEC. 6. REPEAL OF HARBOR MAINTENANCE TAX. (a) In General.--Subchapter A of chapter 36 of the Internal Revenue Code of 1986 is repealed. (b) Conforming Amendment.--The table of subchapters for chapter 36 of the Internal Revenue Code of 1986 is amended by striking the item relating to subchapter A. (c) Effective Date.--The amendments made by this section shall apply to port uses (as defined in section 4462 of such Code, as in effect on the day before the date of the enactment of this Act) on or after October 1 of the first fiscal year beginning after the date of the enactment of this Act. SEC. 7. TREATMENT OF BALANCES FROM THE HARBOR MAINTENANCE TRUST FUND. Any remaining balances in the Harbor Maintenance Trust Fund established by section 9505 of the Internal Revenue Code of 1986 (relating to expenditures from the Harbor Maintenance Trust Fund) shall remain available until expended in accordance with the requirements of subsection (c) of that section. SEC. 8. APPLICATION OF WAGE REQUIREMENTS. Nothing in this Act shall be construed to prevent the application of wage requirements otherwise applicable to harbor maintenance improvement projects on the date of enactment of this Act.	Maritime Goods Movement Act for the 21st Century - Directs the U.S. Customs and Border Protection (CBP) to impose a Maritime Goods Movement User Fee of 0.125% on all commercial cargo (except a U.S. export) that: (1) is unloaded from or loaded on a commercial vessel at a U.S. port, or (2) enters a U.S. point of entry. Prescribes a special rule prohibiting the imposition of such fee on: (1) cargo (except crude oil with respect to Alaska) loaded on a vessel in a mainland U.S. port and transported for use or consumption in Alaska, Hawaii, or any U.S. possession; (2) cargo loaded on a vessel in Alaska, Hawaii, or any U.S. possession and transported for use or consumption in the U.S. mainland, Alaska, Hawaii, or U.S. possession; (3) the unloading of such cargo in Alaska, Hawaii, or U.S. possession, or U.S. mainland, respectively; or (4) cargo loaded on a vessel in Alaska, Hawaii, or U.S. possession and unloaded in the state or U.S. possession in which loaded, or passengers transported on U.S.-flag vessels operating solely within Alaskan or Hawaiian waters and adjacent international waters. Prohibits imposition of such fee on: (1) on the United States or any U.S. agency, or (2) a nonprofit organization or cooperative for cargo intended for use in humanitarian or development assistance overseas. Requires use of up to $10 million of fees collected during any fiscal year for administrative expenses of the Department of Homeland Security (DHS), the Army Corps of Engineers, and the Department of Transportation (DOT). Makes certain fee allocations for: (1) harbor maintenance programs; (2) low-use ports; and (3) super donor ports to carry out projects or activities under a competitive grant for maritime improvement projects for movement of goods, as well as for other specified maritime improvement projects for movement of international maritime cargo. Defines "super donor port" as a port for which average expenditures in the 5 previous fiscal years: (1) from the Harbor Maintenance Trust Fund, for fiscal years beginning before enactment of this Act, are less than 10% percent of the total average amount of harbor maintenance taxes collected through landings at the port in such fiscal years; or (2) from the amounts collected for the Maritime Goods Movement User Fee, for fiscal years starting after enactment of this Act, are less than 10% of the total average amount of such fees collected through landings at the port. Establishes a Competitive Grant Program for Goods Movement. Amends the Internal Revenue Code to repeal the harbor maintenance tax. Declares that nothing in this Act shall be construed to prevent application of requirements that locally prevailing wages (Davis-Bacon Act) be paid to various classes of laborers and mechanics working on harbor maintenance improvement projects.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Grandparents Raising Grandchildren Assistance Act of 1993''. SEC. 2. FINDINGS. The Congress finds that-- (1) many grandparents throughout the United States are the primary caregivers to their grandchildren and such grandparents are essentially starting over as parents; (2) grandparents are acting as parents for a second time primarily because of problems relating to the natural parents of their grandchildren such as drug and alcohol addiction, abuse, divorce, AIDS and other health problems, and teenage pregnancy; (3) grandparents and the grandchildren for whom they provide care often suffer legal, financial, emotional, and bureaucratic hardships; and (4) it is desirable to develop national policies that assist grandparents who are serving as the primary caregivers to their grandchildren. SEC. 3. GRANDCHILD SOCIAL SECURITY BENEFITS BASED ONLY ON DEPENDENCY. (a) In General.--Subsection (e) of section 216 of the Social Security Act (42 U.S.C. 416) is amended-- (1) by striking ``, but only if'' in the first sentence and all that follows through ``such individual died''; and (2) by striking the last sentence. (b) Additional Requirements if Parents Are Alive.--Section 202(d)(9) of the Social Security Act (42 U.S.C. 402(d)(9)) is amended by adding at the end the following new subparagraph: ``(C) If-- ``(i) a child is treated as a child of an individual under clause (3) of the first sentence of section 216(e), and ``(ii) a natural or adoptive parent of the child is living at the time specified in paragraph (1)(C) of this subsection, such child shall not be treated as dependent on such individual as of such time unless the period described in subparagraphs (A) and (B) is two years, and the natural or adoptive parent, if over the age of 18 years, is not a dependent for whom a deduction is allowable under section 151 of the Internal Revenue Code of 1986 to such individual.''. (c) Suspension of Benefits if Child Reunites With Parents.--Section 202(d)(1) of the Social Security Act (42 U.S.C. 402(d)(1)) is amended-- (1) by striking ``or'' at the end of subparagraph (F); (2) by striking the period at the end of subparagraph (G) and inserting ``; or''; and (3) by inserting after subparagraph (G) the following new subparagraph: ``(H) in the case of a child described in paragraph (9)(C), the first month during which such child lives with such child's natural or adoptive parent who has attained the age of 18 and who is not a dependent as described in such paragraph.''. (d) Effective Date.--The amendments made by this section shall apply to benefits payable for months after the date of the enactment of this Act, but only on the basis of applications filed after such date. SEC. 4. DEVELOPMENT OF OPTIONAL MODEL PROCEDURE FOR NOTIFYING RELATIVES PRIOR TO PLACEMENT OF A CHILD IN FOSTER CARE. (a) In General.--Part E of title IV of the Social Security Act (42 U.S.C. 670 et seq.) is amended by inserting after section 477 the following new section: ``development of model procedure for notifying relatives prior to placement of a child in foster care ``Sec. 478. Not later than 180 days after the date of the enactment of this section, the Secretary shall develop a model procedure to be used by any State with a plan approved under this part which ensures that reasonable efforts will be made prior to the placement of a child in foster care to give notice to a relative (including a maternal or fraternal grandparent, adult sibling, aunt, or uncle) who might be available to care for the child.''. (b) State Option to Establish Model Procedure.--Subsection (a) of section 471 of the Social Security Act (42 U.S.C. 671) is amended-- (1) by striking ``and'' at the end of paragraph (16); (2) by striking the period at the end of paragraph (17) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(18) at the option of the State, provides that the State agency will establish the procedure developed by the Secretary under section 478 or an alternate procedure for notifying relatives prior to the placement of a child in foster care.''. (c) Effective Date.--The amendments made by this section shall be effective on the date of the enactment of this Act. SEC. 5. MODEL STANDARDS FOR INSURANCE COVERAGE OF DEPENDENTS. (a) Development of Model Standards.--If, within 1-year after the date of the enactment of this section, the National Association of Insurance Commissioners has not developed model standards for the coverage of dependents under health insurance policies, the Secretary of Health and Human Services (hereafter in this section referred to as the ``Secretary''), shall develop such standards not later than 180 days after the end of such 1-year period. (b) Distribution of Model Standards.--If the Secretary develops model standards under subsection (a), the Secretary shall distribute such standards to the commissioner of insurance, or any similar official, of each State. SEC. 6. CENSUS DATA ON GRANDPARENTS AS PRIMARY CAREGIVERS FOR THEIR GRANDCHILDREN. (a) In General.--Not later than 90 days after the date of the enactment of this section, the Secretary of Commerce (hereafter in this section referred to as the ``Secretary''), in carrying out the provisions of section 141 of title 13, United States Code, shall expand the data collection efforts of the Bureau of the Census (hereafter in this section referred to as the ``Bureau'') to enable the Bureau to collect statistically significant data, in connection with its decennial census and its mid-decade census, concerning the growing trend of grandparents who are the primary caregivers for their grandchildren. (b) Expanded Census Question.--In carrying out the provisions of subsection (a), the Secretary shall expand the Bureau's census question that details households which include both grandparents and their grandchildren. The expanded question shall be formulated to distinguish between the following households: (1) a household in which a grandparent temporarily provides a home for a grandchild for a period of weeks or months during periods of parental distress; and (2) a household in which a grandparent provides a home for a grandchild and serves as the primary caregiver for the grandchild. SEC. 7. GRANTS FOR THE ESTABLISHMENT AND OPERATION OF A NATIONAL RESOURCE CENTER FOR GRANDPARENTS. (a) In General.--Section 202 of the Older Americans Act of 1965 (42 U.S.C. 3012) is amended by adding at the end the following: ``(f)(1) The Commissioner shall make grants to, or enter into contracts with, one eligible entity to establish and operate the National Resource Center for Grandparents (referred to in this subsection as the `Center') to serve as a central source of information and assistance to older individuals who-- ``(A) raise their grandchildren; ``(B) encounter problems obtaining access to their grandchildren for purposes of visitation; or ``(C) need financial, legal, emotional, or informational assistance regarding their relationship with their grandchildren. ``(2) The Center shall-- ``(A) be staffed by employees and volunteers, including such older individuals; ``(B) provide a toll-free telephone number to increase access to the information and assistance available from the Center; ``(C) collect and make available to such older individuals information regarding programs, projects, and activities of public and private entities (including governmental entities) relating to the matters described in subparagraphs (A), (B), and (C) of paragraph (1), including information on State law regarding grandparent visitation and Federal assistance available to such older individuals; and ``(D) refer individual grandparents to public and private entities that provide information or assistance regarding the rearing of grandchildren, including information regarding the prevention of drug abuse and the promotion of good health and nutrition. ``(3) For purposes of this subsection, the term `eligible entity' means a nonprofit private organization with a demonstrated record of experience in representing the concerns of older individuals with respect to their relationship to their grandchildren.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act.	Grandparents Raising Grandchildren Assistance Act of 1993 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to qualify grandchildren for social security benefits based only on their dependency on social security recipients. Sets special rules if one of a grandchild's natural or adoptive parents is living. Provides for suspension of such benefits in the event the grandchild reunites with a natural or adoptive parent. Amends part E (Foster Care and Adoption Assistance) of SSA title IV to direct the Secretary of Health and Human Services to develop a model procedure for States to use in notifying relatives before the placement of a child in foster care. Directs the Secretary, if the National Association of Insurance Commissioners (NAIC) has not done so by a specified deadline, to develop model standards for the coverage of dependents under health insurance policies. Requires the Secretary of Commerce to expand the data collection efforts of the Bureau of the Census to enable it to collect statistically significant data on the growing trend of grandparents who are the primary caregivers for their grandchildren. Amends the Older Americans Act of 1965 to direct the Commissioner on Aging to make grants to or enter contracts with one eligible entity to establish and operate the National Resource Center for Grandparents to serve as a central source of information and assistance to older individuals who: (1) raise their grandchildren; (2) encounter problems obtaining visitation access to their grandchildren; or (3) need financial, legal, emotional, or informational assistance regarding their relationship with their grandchildren.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect and Save Act of 2012''. SEC. 2. AUTHORITY TO DISCLOSE RETURN AND RETURN INFORMATION IN FEDERAL AND STATE PROSECUTION LAW ENFORCEMENT. (a) In General.--Subsection (k) of section 6103 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(11) Disclosure of certain return information in connection with identity theft and fraudulent returns.-- ``(A) In general.--In the case of an investigation pertaining to the misuse of the identity of another person for purposes of filing a false or fraudulent return of tax, upon receipt of a written request which meets the requirements of subparagraph (C), the Secretary may disclose return information to officers and employees of any Federal law enforcement agency, or any officers and employees of any State or local law enforcement agency, who are personally and directly engaged in the investigation of any crimes implicated in such misuse, but only if any such law enforcement agency is part of a team with the Internal Revenue Service in such investigation. ``(B) Limitation on use of information.-- Information disclosed under this subparagraph shall be solely for the use of such officers and employees to whom such information is disclosed in such investigation. ``(C) Requirements.--A request meets the requirements of this clause if-- ``(i) the request is made by the head of the agency (or his delegate) involved in such investigation, and ``(ii) the request sets forth the specific reason why such disclosure may be relevant to the investigation. ``(D) Notification.--The Secretary shall determine whether or not to grant the disclosure request described in subparagraph (A) and notify the petitioning law enforcement agency within 30 days of receiving the request. This determination shall be expedited in instances where the crimes of murder, murder for hire, or arson are involved as certified by the requesting agency's head.''. (b) Conforming Amendments.-- (1) Paragraph (2) of section 6103(a) of such Code is amended by inserting ``or (k)(11)'' after ``subsection (i)(7)(A)''. (2) Paragraph (4) of section 6103(p) of such Code is amended-- (A) in the matter preceding subparagraph (A) by inserting ``or (11)'' after ``(k)(10)'', and (B) in subparagraph (F)(ii) by striking ``or (10)'' and inserting ``(10) or (11)''. (3) Paragraph (2) of section 7213(a) of such Code is amended by inserting ``(k)(11),'' after ``(7)(A)(ii),''. (c) Effective Date.--The amendment made by subsection (a) shall apply to disclosures made after the date of the enactment of this Act. (d) Rule of Construction.--Nothing in section 6103 of the Internal Revenue Code of 1986 may be construed to prohibit Federal law enforcement officials from coordinating with State and local law enforcement agencies already investigating related crimes. SEC. 3. LOCAL LAW ENFORCEMENT LIAISON. Section 7803 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(e) Local Law Enforcement Liaison.-- ``(1) Establishment.--The Commissioner of Internal Revenue shall establish within the Criminal Investigation Division of the Internal Revenue Service the position of Local Law Enforcement Liaison. ``(2) Duties.--The Local Law Enforcement Liaison shall-- ``(A) coordinate the investigation of tax fraud with State and local law enforcement agencies, ``(B) communicate the status of tax fraud cases involving identity theft, and ``(C) carry out such other duties as delegated by the Commissioner of Internal Revenue.''. SEC. 4. PIN SYSTEM FOR PREVENTION OF IDENTITY THEFT TAX FRAUD. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury (or the Secretary's delegate) shall implement an identify theft tax fraud prevention program under which-- (1) a person who has filed an identity theft affidavit with the Secretary may elect-- (A) to be provided with a unique personal identification number to be included on any Federal tax return filed by such person, or (B) to prevent the processing of any Federal tax return submitted in an electronic format by a person purporting to be such person, and (2) the Secretary will provide additional identity verification safeguards for the processing of any Federal tax return filed by a person described in paragraph (1) in cases where a unique personal identification number is not included on the return. SEC. 5. STUDY ON THE USE OF PREPAID DEBIT CARDS AND COMMERCIAL TAX PREPARATION SOFTWARE IN TAX FRAUD. (a) In General.--The Comptroller General of the United States shall conduct a study to examine the role of prepaid debit cards and commercial tax preparation software in facilitating fraudulent tax returns through identity theft. (b) Report.--Not later than 6 months after the date of the enactment of this Act, the Comptroller General shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report with the results of the study conducted under subsection (a), together with any recommendations. SEC. 6. STUDY ON THE USE OF E-FILING IN TAX FRAUD. (a) In General.--The Comptroller General of the United States shall conduct a study to examine the role filing tax returns electronically (e-filing) and electronic tax returns play in either facilitating or preventing fraudulent tax returns through identity theft. (b) Report.--Not later than 6 months after the date of the enactment of this Act, the Comptroller General shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report with the results of the study conducted under subsection (a), together with any recommendations. SEC. 7. RESTRICTION ON ACCESS TO THE DEATH MASTER FILE. (a) In General.--The Secretary of Commerce shall not disclose information contained on the Death Master File to any person with respect to any individual who has died at any time during the previous two calendar years in which the request for disclosure is made or the succeeding calendar year unless such person is certified under the program established under subsection (b). (b) Certification Program.-- (1) In general.--The Secretary of Commerce shall establish a program to certify persons who are eligible to access the information described in subsection (a) contained on the Death Master File. (2) Certification.--A person shall not be certified under the program established under paragraph (1) unless the Secretary determines that such person has a legitimate fraud prevention interest in accessing the information described in subsection (a). (c) Imposition of Penalty.--Any person who is certified under the program established under subsection (b), who receives information described in subsection (a), and who during the period of time described in subsection (a)-- (1) discloses such information to any other person, or (2) uses any such information for any purpose other than to detect or prevent fraud, shall pay a penalty of $1,000 for each such disclosure or use, but the total amount imposed under this subsection on such a person for any calendar year shall not exceed $50,000. (d) Exemption From Freedom of Information Act Requirement With Respect to Certain Records of Deceased Individuals.-- (1) In general.--The Social Security Administration shall not be compelled to disclose to any person who is not certified under the program established under subsection (b) the information described in subsection (a). (2) Treatment of information.--For purposes of section 552 of title 5, United States Code, this section shall be considered a statute described in subsection (b)(3)(B) of such section 552. SEC. 8. EXTENSION OF AUTHORITY TO DISCLOSE CERTAIN RETURN INFORMATION TO PRISON OFFICIALS. (a) In General.--Section 6103(k)(10) of the Internal Revenue Code of 1986 is amended by striking subparagraph (D). (b) Report From Federal Bureau of Prisons.--Not later than 6 months after the date of the enactment of this Act, the head of the Federal Bureau of Prisons shall submit to Congress a detailed plan on how it will use the information provided from the Secretary of Treasury under section 6103(k)(10) of the Internal Revenue Code of 1986 to reduce prison tax fraud. (c) Sense of House Regarding State Prison Authorities.--It is the sense of the House that the heads of State agencies charged with the administration of prisons should-- (1) develop plans for using the information provided by the Secretary of Treasury under section 6103(k)(10) of the Internal Revenue Code of 1986 to reduce prison tax fraud, and (2) coordinate with the Internal Revenue Service with respect to the use of such information. SEC. 9. TREASURY REPORT ON INFORMATION SHARING BARRIERS WITH RESPECT TO IDENTITY THEFT. (a) Review.-- (1) In general.--The Secretary of the Treasury (or the Secretary's delegate) shall review whether current Federal tax laws and regulations related to the confidentiality and disclosure of return information prevent the effective enforcement of local, State, and Federal identity theft statutes. The review shall consider whether greater information sharing between the Internal Revenue Service and Federal, State and local law enforcement authorities would improve the enforcement of criminal laws at all levels of government. (2) Consultation.--In conducting the review under paragraph (1), the Secretary shall solicit the views of, and consult with, State and local law enforcement officials. Among the Federal agencies the Secretary shall consult in conducting the review are the following: (A) The Department of Veterans Affairs. (B) The Department of Justice. (C) The United States Postal Inspection Service. (D) The Social Security Administration. (b) Report.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit a report with the results of the review conducted under subsection (a), along with any legislative recommendations, to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives.	Protect and Save Act of 2012 - Amends the Internal Revenue Code to: (1) authorize the Secretary of the Treasury to disclose tax return information to federal and state law enforcement agencies to assist in the investigation of the misuse of the identity of another person for purposes of filing a false or fraudulent tax return, (2) direct the Commissioner of Internal Revenue to establish within the Criminal Investigation Division of the Internal Revenue Service (IRS) the position of Local Law Enforcement Liaison to coordinate the investigation of tax fraud with state and local law enforcement agencies, and (3) make permanent the authority of the Secretary to disclose tax return information to federal and state prison officials to prevent the filing of false or fraudulent tax returns by prison inmates. Requires the Secretary of the Treasury to: (1) implement an identity theft tax fraud prevention program; and (2) review whether current tax laws and regulations related to the confidentiality and disclosure of tax return information prevent the effective enforcement of federal, state, and local identity theft statutes. Requires the Comptroller General (GAO) to conduct a study and report on: (1) the role of prepaid debit cards and commercial tax preparation software in facilitating fraudulent tax returns through identity theft, and (2) the role e-filing and electronic tax returns play in either facilitating or preventing fraudulent tax returns through identity theft. Prohibits the Secretary of Commerce from disclosing information contained on the Death Master File relating to a deceased individual to persons who are not certified to access such information. Requires the head of the Federal Bureau of Prisons to submit a detailed plan to Congress on how information obtained from the IRS will be used to reduce prison tax fraud.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Employee Misclassification Prevention Act''. SEC. 2. CLASSIFICATION OF EMPLOYEES AND NON-EMPLOYEES. (a) Recordkeeping and Notice Requirements.--Section 11(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(c)) is amended-- (1) by striking ``(c) Every employer subject to any provision of this Act or of any order issued under this Act'' and inserting the following: ``(c) Recordkeeping and Notice Requirements.-- ``(1) In general.--Every person subject to any provision of this Act or of any order issued under this Act''; (2) by striking ``of the persons employed by him'' and inserting the following: ``of-- ``(A) each individual employed by such person''; (3) by striking ``employment maintained by him, and shall'' and inserting the following: ``employment; ``(B) subject to paragraph (2), each individual-- ``(i) who is not an employee within the meaning given the term in section 3(e) (referred to in this subsection as a `non- employee'); ``(ii) whom the person has engaged, in the course of the person's trade or business, for the performance of labor or services; and ``(iii)(I) with respect to whom the person is required to file an information return under section 6041A(a) of the Internal Revenue Code of 1986; or ``(II) who is providing labor or services to the person through an entity that is a trust, estate, partnership, association, company, or corporation (as such terms are used in section 7701(a)(1) of the Internal Revenue Code of 1986) if-- ``(aa) such individual has an ownership interest in the entity; ``(bb) creation or maintenance of such entity is a condition for the provision of such labor or services to the person; and ``(cc) the person would be required to file an information return for the entity under section 6041A(a) of the Internal Revenue Code of 1986 if the entity were an individual; and ``(C) the remuneration and hours relating to the performance of labor or services by each individual described in subparagraph (B); and ``(D) the notices required under paragraph (5), and shall''; and (4) by adding at the end the following: ``(2) Recordkeeping limitation.--A person otherwise subject to the requirements of paragraph (1) shall have no responsibility for making, keeping, or preserving records, including the records described in such paragraph and paragraph (4), concerning the employees of any individual described in paragraph (1)(B) or the non-employees with whom such individual has engaged for the performance of labor or services for such person, unless such records are provided during the course of the trade or business to the person. ``(3) Presumption.-- ``(A) In general.--For purposes of this Act and the regulations or orders issued under this Act, an individual who is employed, or who is remunerated for the performance of labor or services, by a person, shall be presumed to be an employee of the person if-- ``(i) the person has not made, kept, and preserved records in accordance with subparagraphs (B) and (C) of paragraph (1) regarding the individual; or ``(ii) the person has not provided the individual with the notice required under paragraph (5). ``(B) Rebuttal.--The presumption under subparagraph (A) shall be rebutted only through the presentation of clear and convincing evidence that an individual described in such subparagraph is not an employee (within the meaning of section 3(e)) of the person. ``(4) Accurate classification.--An accurate classification of the status of each individual described in paragraph (1) as either an employee (within the meaning of section 3(e)) of the person maintaining the records or a non-employee of such person shall be included within the records under this subsection. ``(5) Notice.-- ``(A) In general.--Every person subject to any provision of this Act or of any order issued under this Act shall provide the notice described in subparagraph (C) to each employee of the person and each individual classified by the person as a non-employee under paragraph (1)(B). ``(B) Timing of notice.-- ``(i) In general.--Such notice shall be provided, at a minimum, not later than 6 months after the date of enactment of the Employee Misclassification Prevention Act, and thereafter-- ``(I) for new employees, upon employment; and ``(II) for new non-employees who are classified under paragraph (1)(B), upon commencement of the labor or services described in such paragraph. ``(ii) Change in status.--Each person required to provide notice under subparagraph (A) to an individual shall also provide such notice to such individual upon changing such individual's status as an employee or non- employee under paragraph (1). ``(C) Contents of notice.--The notice required under this paragraph shall be in writing and shall-- ``(i) inform the individual of the individual's classification, by the person submitting the notice, as an employee or a non- employee under paragraph (1); ``(ii) include a statement directing such individual to a Department of Labor Web site established for the purpose of providing further information about the rights of employees under the law; ``(iii) include the address and telephone number for the applicable local office of the United States Department of Labor; ``(iv) include for each individual classified as a non-employee under paragraph (1)(B) by the person submitting the notice, the following statement: `Your rights to wage, hour, and other labor protections depend upon your proper classification as an employee or non-employee. If you have any questions or concerns about how you have been classified or suspect that you may have been misclassified, contact the U.S. Department of Labor.'; and ``(v) include such additional information as the Secretary shall prescribe by regulation.''. (b) Special Prohibited Acts.--Section 15(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 215(a)) is amended-- (1) by striking paragraph (3) and inserting the following: ``(3) to discharge or in any other manner discriminate against any individual (including an employee) because such individual has-- ``(A) opposed any practice, or filed a petition or complaint or instituted or caused to be instituted any proceeding-- ``(i) under or related to this Act (including concerning an individual's status as an employee or non-employee for purposes of this Act); or ``(ii) concerning an individual's status as an employee or non-employee for employment tax purposes within the meaning of subtitle C of the Internal Revenue Code of 1986; ``(B) testified or is about to testify in any proceeding described in subparagraph (A); or ``(C) served, or is about to serve, on an industry committee;''; (2) in paragraph (5), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(6) to fail to accurately classify an individual as an employee.''. (c) Special Penalty for Certain Misclassification, Recordkeeping, and Notice Violations.--Section 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 216) is amended-- (1) in subsection (b)-- (A) in the sixth sentence, by striking ``any employee'' each place the term occurs and inserting ``any employee or individual''; (B) in the fourth sentence, by striking ``employee'' and inserting ``employee or individual''; (C) in the third sentence-- (i) by striking ``either of the preceding sentences'' and inserting ``any of the preceding sentences''; (ii) by striking ``one or more employees'' and inserting ``one or more employees or individuals''; and (iii) by striking ``other employees'' and inserting ``other employees or individuals, respectively,''; and (D) by inserting after the first sentence the following: ``Such liquidated damages are doubled (subject to section 11 of the Portal-to-Portal Pay Act of 1947 (29 U.S.C. 260)) where, in addition to violating the provisions of section 6 or 7, the employer has violated the provisions of section 15(a)(6) with respect to such employee or employees.''; and (2) in subsection (e), by striking paragraph (2) and inserting the following: ``(2) Any person who violates section 6, 7, 11(c), or 15(a)(6) shall be subject to a civil penalty, for each employee or other individual who was the subject of such a violation, in an amount-- ``(A) not to exceed $1,100; or ``(B) in the case of a person who has repeatedly or willfully committed such violation, not to exceed $5,000.''. (d) Employee Rights Web Site.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary of Labor shall establish, for purposes of section 11(c)(5)(C)(ii) of the Fair Labor Standards Act of 1938 (as added by this Act), a single web page on the Department of Labor Web site that summarizes in plain language the rights of employees as described in the amendments made by subsection (a) and other information considered appropriate by the Secretary, including appropriate links to additional information on the Department of Labor Web site or other Federal agency Web sites. In addition, such web page-- (A) shall include a statement explaining that employees may have additional or greater rights under State or local laws and how employees may obtain additional information about their rights under State or local laws; (B) shall be made available in English and any other languages that the Secretary determines to be prevalent among individuals likely to access the web page; and (C) may provide a link to permit individuals to file complaints online. (2) Coordination with other federal web sites.--The Secretary shall coordinate with other relevant Federal agencies in order to provide information similar to the information described in paragraph (1) (or a link to the Department of Labor web page required by this subsection) on the Web sites of such other agencies. SEC. 3. MISCLASSIFICATION OF EMPLOYEES FOR UNEMPLOYMENT COMPENSATION PURPOSES. (a) In General.--Section 303(a) of the Social Security Act (42 U.S.C. 503(a)) is amended-- (1) in paragraph (10), by striking the period and inserting ``; and''; and (2) by adding after paragraph (10) the following: ``(11)(A) Such auditing and investigative procedures as may be necessary to identify employers that have not registered under the State law or that are paying unreported wages, where these actions or omissions by the employers have the effect of excluding employees from unemployment compensation coverage; and ``(B) The making of quarterly reports to the Secretary of Labor (in such form as the Secretary of Labor may require) describing the results of the procedures under subparagraph (A); and ``(12) The establishment of administrative penalties for misclassifying employees, or paying unreported wages to employees without proper recordkeeping, for unemployment compensation purposes.''. (b) Review of Auditing Programs.--The Secretary of Labor shall include, in the Department of Labor's system for measuring States' performance in conducting unemployment compensation tax audits, a specific measure of their effectiveness in identifying the underreporting of wages and the underpayment of unemployment compensation contributions (including their effectiveness in identifying instances of such underreporting or underpayments despite the absence of cancelled checks, original time sheets, or other similar documentation). (c) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by subsection (a) shall take effect 12 months after the date of the enactment of this Act. (2) Exception.--If the Secretary of Labor finds that legislation is necessary in order for the unemployment compensation law of a State to comply with the amendments made by subsection (a), such amendments shall not apply with respect to such law until the later of-- (A) the day after the close of the first regular session of the legislature of such State which begins after the date of the enactment of this Act; or (B) 12 months after the date of the enactment of this Act. (d) Definition of State.--For purposes of this section, the term ``State'' has the meaning given such term by section 3306(j) of the Internal Revenue Code of 1986. SEC. 4. DEPARTMENT OF LABOR COORDINATION, REFERRAL, AND REGULATIONS. (a) Coordination and Referral.--Notwithstanding any other provision of law, any office, administration, or division of the Department of Labor that, while in the performance of its official duties, obtains information regarding the misclassification by a person subject to the provisions of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) or any order issued under such Act of any individual regarding whether such individual is an employee or a non-employee contracted for the performance of labor or services for purposes of section 6 or 7 of such Act (29 U.S.C. 206, 207) or in records required under section 11(c) of such Act (29 U.S.C. 211(c)), shall report such information to the Wage and Hour Division of the Department. The Wage and Hour Division may report such information to the Internal Revenue Service as the Division considers appropriate. (b) Regulations.--The Secretary of Labor shall promulgate regulations to carry out this Act and the amendments made by this Act. SEC. 5. TARGETED AUDITS. The audits of employers subject to the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) that are conducted by the Wage and Hour Division of the Department of Labor shall include certain industries with frequent incidence of misclassifying employees as non-employees, as determined by the Secretary of Labor.	Employee Misclassification Prevention Act - Amends the Fair Labor Standards Act of 1938 (FLSA) to require every person to: (1) keep records of non-employees (contractors) who perform labor or services (except substitute work), including through an entity such as a trust, estate, partnership, association, company, or corporation, for remuneration; and (2) provide certain notice to each new employee and new non-employee, including their classification as an employee or non-employee and information concerning their rights under the law. Makes it unlawful for any person to: (1) discharge or otherwise discriminate against an individual (including an employee) who has opposed any practice, or filed a complaint or instituted any proceeding related to this Act, including with respect to an individual's status as an employee or non-employee; and (2) fail to classify accurately an employee or non-employee. Doubles the amount of liquidated damages for maximum hours, minimum wage, and notice of classification violations by an employer. Subjects a person who: (1) violates such requirements (including recordkeeping requirements) to a civil penalty of up to $1,100; or (2) repeatedly or willfully violates such requirements to a civil penalty of up to $5,000 for each violation. Directs the Secretary of Labor to establish a webpage on the Department of Labor website that summarizes the rights of employees under this Act and other appropriate information. Amends the Social Security Act to require, as a condition for a federal grant for the administration of state unemployment compensation, for the state's unemployment compensation law to include a provision for: (1) auditing programs that identify employers that have not registered under the state law or that are paying unreported compensation where the effect is to exclude employees from unemployment compensation coverage; and (2) establishing administrative penalties for misclassifying employees or paying unreported unemployment compensation to employees. Requires any office, administration, or division of the Department of Labor to report any misclassification of an employee by a person subject to the FLSA that it discovers to the Department's Wage and Hour Division (WHD). Authorizes the WHD to report such information to the Internal Revenue Service (IRS).
SECTION 1. FINDINGS. The Congress finds as follows: (1) To date, 212 innocent people have been exonerated nationwide through DNA testing and the Innocence Project has worked on the vast majority of those cases, with thousands awaiting evaluation in their last hope for justice. (2) Fifteen people had been sentenced to death before exoneration, and the average sentence served by DNA exonerees has been 12 years. (3) Approximately 70 percent of those exonerated by DNA testing are members of ethnic minority groups. (4) In over 35 percent of the cases the Innocence Project has been involved with, the actual perpetrator has been identified by DNA testing. (5) Exonerations have been won in 31 states and the District of Columbia. (6) Since 1992, the Innocence Project has served as a nonprofit legal clinic affiliated with the Benjamin N. Cardozo School of Law at Yeshiva University, serving as a national litigation and public policy organization dedicated to exonerating wrongfully convicted people through DNA testing and reforming the criminal justice system to prevent future injustice. (7) Most clients are poor and have used up all legal avenues for relief. (8) DNA testing has been a major factor in changing the criminal justice system, opening a window to correct and prevent wrongful convictions in cases involving everything from home invasion to murder. (9) The Innocence Project has grown to become much more than the ``court of last resort'' for inmates who have exhausted their appeals and their mean; it has helped form the Innocence Network: a group of law schools, journalism schools, public defender offices, and other independent entities across the country that assist inmates trying to prove their innocence whether or not the cases involve biological evidence which can be subjected to DNA testing. (10) Peter Neufeld authored the seminal work in criminal law, ``The Near Irrelevance of Daubert to Criminal Justice and Some Suggestions for Reform'' in the American Journal of Public Health (Vol. 95, No. S1 2005). (11) The Innocence Project has analyzed the wrongful convictions proven by DNA evidence in order to determine what causes them--across all criminal cases, not just those where DNA can prove innocence--and identify the reforms that can prevent them while increasing the accuracy of the criminal justice system. The lead causes include eyewitness misidentification, problems with the analysis of forensic evidence, and false ``confessions''. (12) With local advocates and partners, the Innocence Project consults with legislators and law enforcement officials on the Federal, State, and local levels, conduct research and training, produce scholarship and propose a wide range of remedies to prevent wrongful convictions while continuing to work to free innocent inmates through the use of post- conviction DNA testing. (13) In addition to serving as co-founders and co-directors of the Innocence Project, Barry C. Scheck and Peter Neufeld are Commissioners on the New York State Commission of Forensic Science. (14) Barry C. Scheck and Peter Neufeld, along with Pulitzer-Prize winning journalist Jim Dwyer, are the authors of Actual Innocence: When Justice Goes Wrong and How to Make it Right. (15) Additionally, Barry C. Scheck served on the board of directors of the National Institute of Justice's Commission on the Future of DNA Evidence, is co-chair of the DNA Task Force of the National Association of Criminal Defense Lawyers and, in 1996, received that Association's prestigious Robert C. Heeney Award for his contributions to the Association. (16) Barry C. Scheck is a graduate of Yale University and University of California at Berkeley's Boalt School of Law. (17) Barry C. Scheck, before joining the faculty of Cardozo Law School, worked for 3 years as a staff attorney at The Legal Aid Society in New York City. (18) Peter Neufeld is a graduate of the University of Wisconsin and New York University's School of Law. (19) Peter Neufeld, before joining Cardozo Law School, taught trial advocacy at Fordham University Law School and was a staff attorney with the Legal Aid Society of New York. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, to Barry C. Scheck and to Peter Neufeld a gold medal of appropriate design in recognition of their outstanding service to the Nation and to justice as co-founders and co-directors of the Innocence Project. (b) Design and Striking.--For the purpose of the presentation referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike 2 gold medals with suitable emblems, devices, and inscriptions, to be determined by the Secretary. SEC. 3. DUPLICATE MEDALS. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medals struck under section 2 at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 4. NATIONAL MEDALS. The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. SEC. 5. AUTHORIZATION OF APPROPRIATIONS; PROCEEDS OF SALE. (a) Authorization of Appropriations.--There is hereby authorized to be charged against the United States Mint Public Enterprise Fund an amount not to exceed $30,000 to pay for the cost of each medal authorized under section 2. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under section 3 shall be deposited in the United States Mint Public Enterprise Fund.	Awards a congressional gold medal to Barry C. Scheck and to Peter Neufeld in recognition of their outstanding service to the nation and to justice as co-founders and co-directors of the Innocence Project (a nonprofit legal clinic dedicated to exonerating wrongfully convicted people through DNA testing and to reforming the criminal justice system to prevent future injustice).
SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeland Security Information Sharing Enhancement Act of 2006''. SEC. 2. FINDINGS ON DISSEMINATION OF HOMELAND SECURITY-RELATED INFORMATION. Congress finds the following: (1) Section 201(d)(1) of the Homeland Security Act of 2002 gives the Department of Homeland Security authority to access, receive, and analyze law enforcement information, intelligence information, and other information from Federal, State, and local government agencies--including law enforcement agencies-- and to integrate such information in order to detect, identify, and assess terrorist threats to the homeland. (2) Section 201(d)(4) of the Homeland Security Act of 2002 likewise gives the Department the power to ensure ``timely and efficient access'' to these categories of information in order to effectively discharge its information sharing responsibilities. (3) Section 102A(f)(1)(B)(iii) of the National Security Act of 1947 (50 U.S.C. 403-1(f)(1)(B)(iii)), as amended by section 1011 of the Intelligence Reform and Terrorism Prevention Act of 2004, prohibits the Director of National Intelligence from disseminating information directly to State and local government officials. (4) Under section 119(f)(1)(E) of the National Security Act of 1947 (50 U.S.C. 404o(f)(1)(E)), as amended, the Director of the National Counterterrorism Center supports the responsibilities of the Department of Homeland Security to disseminate terrorism information. (5) Section 201(d)(9) of the Homeland Security Act of 2002 gives the Department of Homeland Security the responsibility to disseminate information analyzed by the Department to other Federal, State, and local agencies with responsibilities relating to homeland security ``in order to assist in the deterrence, prevention, preemption of, or response to, terrorist attacks. . .''. (6) Section 201(d)(11) of the Homeland Security Act of 2002 (6 U.S.C. 121(d)(11)) explicitly gives the Department the responsibility to ensure ``appropriate exchanges of information, including law enforcement-related information, relating to threats of terrorism against the United States''. (7) Section 201(d)(14) of the Homeland Security Act of 2002 gives the Department the responsibility ``to establish and utilize . . . a secure communications and information technology infrastructure . . . in order to access, receive, and analyze data'' and to disseminate that data to State, local, and tribal law enforcement agencies as appropriate. SEC. 3. HOMELAND SECURITY ADVISORY SYSTEM. (a) In General.--Subtitle A of title II of the Homeland Security Act of 2002 is amended by adding at the end the following: ``SEC. 203. HOMELAND SECURITY ADVISORY SYSTEM. ``(a) Requirement.--The Under Secretary for Information and Analysis shall implement a Homeland Security Advisory System in accordance with this section to provide public advisories and alerts regarding threats to homeland security, including national, regional, local, and economic sector advisories and alerts, as appropriate. ``(b) Required Elements.--The Under Secretary, under the System-- ``(1) shall include, in each advisory and alert regarding a threat, information on appropriate protective measures and countermeasures that may be taken in response to the threat; ``(2) shall, whenever possible, limit the scope of each advisory and alert to a specific region, locality, or economic sector believed to be at risk; and ``(3) shall not, in issuing any advisory or alert, use color designations as the exclusive means of specifying the homeland security threat conditions that are the subject of the advisory or alert.''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by adding at the end of the items relating to subtitle A of title II the following: ``Sec. 203. Homeland Security Advisory System.''. SEC. 4. HOMELAND SECURITY INFORMATION SHARING. (a) In General.--Subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), as amended by section 3, is further amended by adding at the end the following: ``SEC. 204. HOMELAND SECURITY INFORMATION SHARING. ``(a) Information Sharing Environment.--Consistent with section 1016 of the National Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485), the Secretary shall integrate and standardize the information of the intelligence components of the Department into a Department information sharing environment, to be administered by the Under Secretary for Intelligence and Analysis. ``(b) Information Sharing and Knowledge Management Officers.--For each intelligence component of the Department, the Secretary shall designate an information sharing and knowledge management officer who shall report to the Under Secretary for Intelligence and Analysis with respect to coordinating the different systems used in the Department to gather and disseminate homeland security information. ``(c) State, Local, and Private-Sector Sources of Information.-- ``(1) Establishment of business processes.--The Under Secretary for Intelligence and Analysis shall establish Department-wide procedures for the review and analysis of information gathered from State, local, tribal, and private- sector sources and, as appropriate, integrate such information into the information gathered by the Department and other department and agencies of the Federal Government. ``(2) Feedback.--The Secretary shall develop mechanisms to provide analytical and operational feedback to any State, local, tribal, and private-sector entities that gather information and provide such information to the Secretary. ``(d) Training and Evaluation of Employees.-- ``(1) Training.--The Under Secretary shall provide to employees of the Department opportunities for training and education to develop an understanding of the definition of homeland security information, how information available to them as part of their duties might qualify as homeland security information, and how information available to them is relevant to the Office of Intelligence and Analysis. ``(2) Evaluations.--The Under Secretary shall, on an ongoing basis, evaluate how employees of the Office of Intelligence and Analysis and the intelligence components of the Department are utilizing homeland security information and participating in the Department information sharing environment.''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is further amended by adding at the end of the items relating to such subtitle the following: ``Sec. 204. Homeland security information sharing.''. (c) Establishment of Comprehensive Information Technology Network Architecture.-- (1) In general.--Subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the end the following new section: ``SEC. 205. COMPREHENSIVE INFORMATION TECHNOLOGY NETWORK ARCHITECTURE. ``(a) Establishment.--The Secretary, acting through the Chief Intelligence Officer, shall establish a comprehensive information technology network architecture for the Office of Intelligence and Analysis. ``(b) Network Model.--The comprehensive information technology network architecture established under subsection (a) shall, to the extent possible, incorporate the approaches, features, and functions of the network proposed by the Markle Foundation in reports issued in October 2002 and December 2003, known as the System-wide Homeland Security Analysis and Resource Exchange (SHARE) Network. ``(c) Comprehensive Information Technology Network Architecture Defined.--the term `comprehensive information technology network architecture' means an integrated framework for evolving or maintaining existing information technology and acquiring new information technology to achieve the strategic goals and information resources management goals of the Office of Information and Analysis.''. (2) Clerical amendment.--The table of contents in section 1(b) of such Act is amended by adding at the end of the items relating to such subtitle the following: ``Sec. 205. Comprehensive information technology network architecture.''. (3) Reports.-- (A) Report on implementation of plan.--Not later than 360 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report containing a plan to implement the comprehensive information technology network architecture for the Office of Intelligence and Analysis of the Department of Homeland Security required under section 209 of the Homeland Security Act of 2002, as added by paragraph (1). Such report shall include the following: (i) Priorities for the development of the comprehensive information technology network architecture and a rationale for such priorities. (ii) An explanation of how the various components of the comprehensive information technology network architecture will work together and interconnect. (iii) A description of the technology challenges that the Office of Intelligence and Analysis will face in implementing the comprehensive information technology network architecture. (iv) A description of technology options that are available or are in development that may be incorporated into the comprehensive technology network architecture, the feasibility of incorporating such options, and the advantages and disadvantages of doing so. (v) An explanation of any security protections to be developed as part of the comprehensive information technology network architecture. (vi) A description of any safeguards for civil liberties and privacy to be built into the comprehensive information technology network architecture. (vii) An operational best practices plan. (B) Progress report.--Not later than 180 days after the date on which the report is submitted under subparagraph (A), the Secretary of Homeland Security shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report on the progress of the Secretary in developing the comprehensive information technology network architecture required under section 209 of the Homeland Security Act of 2002, as added by paragraph (1). (d) Intelligence Component Defined.--Section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101) is amended by adding at the end the following new paragraph: ``(17) The term `intelligence component of the Department' means any directorate, agency, or element of the Department that gathers, receives, analyzes, produces, or disseminates homeland security information except-- ``(A) a directorate, agency, or element of the Department that is required to be maintained as a distinct entity under this Act; or ``(B) any personnel security, physical security, document security, or communications security program within any directorate, agency, or element of the Department.''. SEC. 5. AUTHORITY FOR DISSEMINATING HOMELAND SECURITY-RELATED INFORMATION. (a) In General.--Title I of the Homeland Security Act of 2002 (6 U.S.C. 111 et seq.) is amended by adding at the end the following: ``SEC. 104. AUTHORITY FOR DISSEMINATING HOMELAND SECURITY-RELATED INFORMATION. ``(a) Primary Authority.--Except as provided in subsection (b), the Secretary or the Secretary's designee shall be the executive branch official responsible for disseminating homeland security-related terrorist threat information to State and local government and tribal officials and the private sector. ``(b) Prior Approval Required.--No Federal official may issue any homeland security-related analysis, advisory, or alert without the Secretary's prior approval, except-- ``(1) in exigent circumstances under which it is essential that the information be communicated immediately; or ``(2) when such analysis advisory or alert is issued to Federal, State, local, or tribal law enforcement officials for the purpose of assisting them in any aspect of the administration of criminal justice.''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by adding at the end of the items relating to such title the following: ``Sec. 104. Authority for disseminating homeland security-related information.''.	Homeland Security Information Sharing Enhancement Act of 2006 - Amends the Homeland Security Act of 2002 to require the Under Secretary for Information and Analysis to implement a Homeland Security Advisory System to provide advisories and alerts regarding threats to homeland security. Requires such an advisory or alert to: (1) include information on protective measures and countermeasures; (2) be limited in scope to a specific region, locality, or economic sector; and (3) not use color designations as the exclusive means of specifying threat conditions. Directs the Secretary of the Department of Homeland Security (DHS) to: (1) integrate and standardize the information of the Department's intelligence components into a Department information-sharing environment; and (2) designate, for each such component, an information-sharing and knowledge management officer. Requires the Under Secretary to: (1) establish Department-wide procedures for the review and analysis of information gathered from state, local, tribal, and private-sector sources; (2) develop mechanisms to provide analytical and operational feedback; (3) provide Department employees training and educational opportunities; and (4) evaluate how employees of the Office of Intelligence and Analysis and the Department's intelligence components are utilizing homeland security information. Directs the Secretary, acting through the Chief Intelligence Officer, to establish a comprehensive information technology architecture for such Office. Makes the Secretary the executive branch official responsible for disseminating homeland security-related terrorist threat information to state and local government and tribal officials and the private sector. Prohibits any federal official from issuing a homeland security-related analysis, advisory, or alert without the Secretary's approval, with exceptions.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Earthquake Hazards Reduction Authorization Act of 2000''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. (a) Federal Emergency Management Agency.--Section 12(a)(7) of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7706(a)) is amended-- (1) by striking ``and'' after ``1998''; and (2) by striking ``1999.'' and inserting ``1999; $19,861,000 for the fiscal year ending September 30, 2001, of which $450,000 is for National Earthquake Hazard Reduction Program- eligible efforts of an established multi-state consortium to reduce the unacceptable threat of earthquake damages in the New Madrid seismic region through efforts to enhance preparedness, response, recovery, and mitigation; $20,705,000 for the fiscal year ending September 30, 2002; and $21,585,000 for the fiscal year ending September 30, 2003.''. (b) United States Geological Survey.--Section 12(b) of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7706(b)) is amended-- (1) by inserting after ``operated by the Agency.'' the following: ``There are authorized to be appropriated to the Secretary of the Interior for purposes of carrying out, through the Director of the United States Geological Survey, the responsibilities that may be assigned to the Director under this Act $48,360,000 for fiscal year 2001, of which $3,500,000 is for the Global Seismic Network and $100,000 is for the Scientific Earthquake Studies Advisory Committee established under section 10 of the Earthquake Hazards Reduction Act of 2000; $50,415,000 for fiscal year 2002, of which $3,600,000 is for the Global Seismic Network and $100,000 is for the Scientific Earthquake Studies Advisory Committee; and $52,558,000 for fiscal year 2003, of which $3,700,000 is for the Global Seismic Network and $100,000 is for the Scientific Earthquake Studies Advisory Committee; (2) by striking ``and'' at the end of paragraph (1); (3) by striking ``1999,'' at the end of paragraph (2) and inserting ``1999;''; and (4) by inserting after paragraph (2) the following: ``(3) $9,000,000 of the amount authorized to be appropriated for fiscal year 2001; ``(4) $9,250,000 of the amount authorized to be appropriated for fiscal year 2002; and ``(5) $9,500,000 of the amount authorized to be appropriated for fiscal year 2003,''. (c) Real-time Seismic Hazard Warning System.--Section 2(a)(7) of the Act entitled ``An Act To authorize appropirations for carrying out the Earthquake Hazards Reduction Act of 1977 for fiscal years 1998 and 1999, and for other purposes (111 Stat. 1159; 42 U.S.C. 7704 nt) is amended by striking ``1999.'' and inserting ``1999, $2,600,000 for fiscal year 2001, $2,710,000 for fiscal year 2002, and $2,825,000 for fiscal year 2003.''. (d) National Science Foundation.--Section 12(c) of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7706(c)) is amended-- (1) by striking ``1998, and'' and inserting ``1998,''; and (2) by striking ``1999.'' and inserting ``1999, and (5) $19,000,000 for engineering research and $11,900,000 for geosciences research for the fiscal year ending September 30, 2001. There are authorized to be appropriated to the National Science Foundation $19,808,000 for engineering research and $12,406,000 for geosciences research for fiscal year 2002 and $20,650,000 for engineering research and $12,933,000 for geosciences research for fiscal year 2003.''. (e) National Institute of Standards and Technology.--Section 12(d) of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7706(d)) is amended-- (1) by striking ``1998, and''; and inserting ``1998,''; and (2) by striking ``1999.'' and inserting ``1999, $2,332,000 for fiscal year 2001, $2,431,000 for fiscal year 2002, and $2,534,300 for fiscal year 2003.''. SEC. 3. REPEALS. Section 10 and subsections (e) and (f) of section 12 of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7705d and 7706 (e) and (f)) are repealed. SEC. 4. ADVANCED NATIONAL SEISMIC RESEARCH AND MONITORING SYSTEM. The Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.) is amended by adding at the end the following new section: ``SEC. 13. ADVANCED NATIONAL SEISMIC RESEARCH AND MONITORING SYSTEM. ``(a) Establishment.--The Director of the United States Geological Survey shall establish and operate an Advanced National Seismic Research and Monitoring System. The purpose of such system shall be to organize, modernize, standardize, and stabilize the national, regional, and urban seismic monitoring systems in the United States, including sensors, recorders, and data analysis centers, into a coordinated system that will measure and record the full range of frequencies and amplitudes exhibited by seismic waves, in order to enhance earthquake research and warning capabilities. ``(b) Management Plan.--Not later than 90 days after the date of the enactment of the Earthquake Hazards Reduction Authorization Act of 2000, the Director of the United States Geological Survey shall transmit to the Congress a 5-year management plan for establishing and operating the Advanced National Seismic Research and Monitoring System. The plan shall include annual cost estimates for both modernization and operation, milestones, standards, and performance goals, as well as plans for securing the participation of all existing networks in the Advanced National Seismic Research and Monitoring System and for establishing new, or enhancing existing, partnerships to leverage resources. ``(c) Authorization of Appropriations.-- ``(1) Expansion and modernization.--In addition to amounts appropriated under section 12(b), there are authorized to be appropriated to the Secretary of the Interior, to be used by the Director of the United States Geological Survey to establish the Advanced National Seismic Research and Monitoring System-- ``(A) $33,500,000 for fiscal year 2002; ``(B) $33,700,000 for fiscal year 2003; ``(C) $35,100,000 for fiscal year 2004; ``(D) $35,000,000 for fiscal year 2005; and ``(E) $33,500,000 for fiscal year 2006. ``(2) Operation.--In addition to amounts appropriated under section 12(b), there are authorized to be appropriated to the Secretary of the Interior, to be used by the Director of the United States Geological Survey to operate the Advanced National Seismic Research and Monitoring System-- ``(A) $4,500,000 for fiscal year 2002; and ``(B) $10,300,000 for fiscal year 2003.''. SEC. 5. NETWORK FOR EARTHQUAKE ENGINEERING SIMULATION. The Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.) is amended by adding at the end the following new section: ``SEC. 14. NETWORK FOR EARTHQUAKE ENGINEERING SIMULATION. ``(a) Establishment.--The Director of the National Science Foundation shall establish the George E. Brown, Jr. Network for Earthquake Engineering Simulation that will upgrade, link, and integrate a system of geographically distributed experimental facilities for earthquake engineering testing of full-sized structures and their components and partial-scale physical models. The system shall be integrated through networking software so that integrated models and databases can be used to create model-based simulation, and the components of the system shall be interconnected with a computer network and allow for remote access, information sharing, and collaborative research. ``(b) Authorization of Appropriations.--In addition to amounts appropriated under section 12(c), there are authorized to be appropriated $28,200,000 for fiscal year 2001 for the Network for Earthquake Engineering Simulation. In addition to amounts appropriated under section 12(c), there are authorized to be appropriated to the National Science Foundation for the Network for Earthquake Engineering Simulation-- ``(1) $24,400,000 for fiscal year 2002; ``(2) $4,500,000 for fiscal year 2003; and ``(3) $17,000,000 for fiscal year 2004.''. SEC. 6. BUDGET COORDINATION. Section 5 of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7704) is amended-- (1) by striking subparagraph (A) of subsection (b)(1) and redesignating subparagraphs (B) through (F) of subsection (b)(1) as subparagraphs (A) through (E), respectively; (2) by striking ``in this paragraph'' in the last sentence of paragraph (1) of subsection (b) and inserting ``in subparagraph (E)''; and (3) by adding at the end the following new subsection: ``(c) Budget Coordination.-- ``(1) Guidance.--The Agency shall each year provide guidance to the other Program agencies concerning the preparation of requests for appropriations for activities related to the Program, and shall prepare, in conjunction with the other Program agencies, an annual Program budget to be submitted to the Office of Management and Budget. ``(2) Reports.--Each Program agency shall include with its annual request for appropriations submitted to the Office of Management and Budget a report that-- ``(A) identifies each element of the proposed Program activities of the agency; ``(B) specifies how each of these activities contributes to the Program; and ``(C) states the portion of its request for appropriations allocated to each element of the Program.''. SEC. 7. REPORT ON AT-RISK POPULATIONS. Not later than one year after the date of the enactment of this Act, and after a period for public comment, the Director of the Federal Emergency Management Agency shall transmit to the Congress a report describing the elements of the Program that specifically address the needs of at-risk populations, including the elderly, persons with disabilities, non-English-speaking families, single-parent households, and the poor. Such report shall also identify additional actions that could be taken to address those needs and make recommendations for any additional legislative authority required to take such actions. SEC. 8. PUBLIC ACCESS TO EARTHQUAKE INFORMATION. Section 5(b)(2)(A)(ii) of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7704(b)(2)(A)(ii)) is amended by inserting ``, and development of means of increasing public access to available locality- specific information that may assist the public in preparing for or responding to earthquakes'' after ``and the general public''. SEC. 9. LIFELINES. Section 4(6) of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7703(6)) is amended by inserting ``and infrastructure'' after ``communication facilities''. SEC. 10. SCIENTIFIC EARTHQUAKE STUDIES ADVISORY COMMITTEE. (a) Establishment.--The Director of the United States Geological Survey shall establish a Scientific Earthquake Studies Advisory Committee. (b) Organization.--The Director shall establish procedures for selection of individuals not employed by the Federal Government who are qualified in the seismic sciences and other appropriate fields and may, pursuant to such procedures, select up to ten individuals, one of whom shall be designated Chairman, to serve on the Advisory Committee. Selection of individuals for the Advisory Committee shall be based solely on established records of distinguished service, and the Director shall ensure that a reasonable cross-section of views and expertise is represented. In selecting individuals to serve on the Advisory Committee, the Director shall seek and give due consideration to recommendations from the National Academy of Sciences, professional societies, and other appropriate organizations. (c) Meetings.--The Advisory Committee shall meet at such times and places as may be designated by the Chairman in consultation with the Director. (d) Duties.--The Advisory Committee shall advise the Director on matters relating to the United States Geological Survey's participation in the National Earthquake Hazards Reduction Program, including the United States Geological Survey's roles, goals, and objectives within that Program, its capabilities and research needs, guidance on achieving major objectives, and establishing and measuring performance goals. The Advisory Committee shall issue an annual report to the Director for submission to Congress on or before September 30 of each year. The report shall describe the Advisory Committee's activities and address policy issues or matters that affect the United States Geological Survey's participation in the National Earthquake Hazards Reduction Program. Passed the Senate October 18 (legislative day, September 22), 2000. Attest: Secretary. 106th CONGRESS 2d Session S. 1639 _______________________________________________________________________ AN ACT To authorize appropriations for carrying out the Earthquake Hazards Reduction Act of 1977, for the National Weather Service and Related Agencies, and for the United States Fire Administration for fiscal years 2000, 2001, and 2002.	Authorizes additional appropriations for FY 2001 through 2003 for a USGS program to develop a prototype real-time seismic warning system. (Sec. 3) Repeals provisions of the Act concerning: (1) non-Federal cost sharing for certain supplemental funds; (2) the authorization of appropriations in prior fiscal years for certain required adjustments in employee salaries and benefits; and (3) the availability of FY 1991-1993 funding. (Sec. 4) Requires the USGS Director to establish and operate an Advanced National Seismic Research and Monitoring System to organize, modernize, and standardize U.S. national, regional, and urban seismic monitoring systems. Requires such Director to transmit to Congress a five-year management plan for establishing and operating the System. Authorizes appropriations for FY 2002 through 2006, and additional amounts for FY 2002 and 2003 for System operation. (Sec. 5) Requires the NSF Director to establish the George E. Brown, Jr. Network for Earthquake Engineering Simulation that will upgrade, link, and integrate a system of geographically distributed experimental facilities for earthquake engineering testing of full-sized structures and partial-scale models. Authorizes appropriations for FY 2001 through 2004. (Sec. 6) Directs FEMA to: (1) annually provide guidance to other agencies involved in the National Earthquake Hazards Reduction Program (Program) concerning the preparation of requests for appropriations for Program activities; and (2) prepare and submit to the Office of Management and Budget an annual Program budget. Requires each Program agency to specify Program activities in their annual request for appropriations. (Sec. 7) Requires the FEMA Director to report to Congress describing Program elements that specifically address the needs of at-risk populations. (Sec. 8) Requires FEMA's comprehensive earthquake education and public awareness program to include increasing public access to available locality-specific information to assist the public in preparing for or responding to earthquakes. (Sec. 10) Requires the USGS Director to establish a Scientific Earthquake Studies Advisory Committee.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Stark Administrative Simplification Act of 2017''. SEC. 2. ALTERNATIVE SANCTIONS FOR TECHNICAL NONCOMPLIANCE WITH STARK RULE UNDER MEDICARE. Section 1877 of the Social Security Act (42 U.S.C. 1395nn) is amended by adding at the end the following new subsection: ``(j) Self-disclosure Protocols.-- ``(1) In general.--Beginning one year after the date of the enactment of this subsection-- ``(A) an entity or individual may voluntarily disclose a compensation arrangement with actual or potential inadvertent technical noncompliance with subsection (a)(1) (as defined in paragraph (3)(H)) pursuant to either the self-referral disclosure protocol (defined in paragraph (2)) or the alternative protocol for technical noncompliance under paragraph (3); ``(B) disclosures voluntarily withdrawn from the alternative protocol for technical noncompliance may be submitted to the self-referral disclosure protocol; and ``(C) an entity that, prior to the establishment of the alternative protocol for technical noncompliance, disclosed to the self-referral disclosure protocol a compensation arrangement that was in inadvertent technical noncompliance with subsection (a)(1), may elect, not later than one year after such alternative protocol is established, to withdraw such disclosure from the self-referral disclosure protocol and instead submit the disclosure to such alternative protocol. ``(2) Self-referral disclosure protocol.--The term `self- referral disclosure protocol' or `SRDP' means the protocol specified in section 6409 of Public Law 111-148. ``(3) Alternative protocol for inadvertant technical noncompliance.-- ``(A) In general.--The Secretary shall establish, not later than one year after the date of the enactment of this subsection, an alternative protocol for technical noncompliance (in this subsection referred to as the `APTN') to enable entities to disclose arrangements that were previously in inadvertent technical noncompliance with subsection (a)(1) and, upon the Secretary's acceptance of the disclosure, make payment of a civil monetary penalty. Payment of such civil monetary penalty for an arrangement shall resolve only overpayments due and owing as a result of such arrangement's inadvertent technical noncompliance with subsection (a)(1). The provisions of section 6409 of Public Law 111-148 shall not apply to this subsection. ``(B) Disclosure requirements.--Arrangements disclosed to the APTN must-- ``(i) involve only inadvertent technical noncompliance with subsection (a)(1) that was ended by termination or expiration of the arrangement, or by action of the parties to the arrangement to resolve the technical noncompliance, prior to the date of submission of the disclosure to the APTN; ``(ii) be made in the form and manner specified by the Secretary on the public Internet website of the Centers for Medicare & Medicaid Services and include descriptions of-- ``(I) the compensation arrangement that was in technical noncompliance with subsection (a)(1); ``(II) how and when the technical noncompliance with subsection (a)(1) was ended or the arrangement was otherwise terminated; and ``(III) how the remuneration paid under the compensation arrangement being disclosed was-- ``(aa) consistent with the fair market value of the items and services that were provided under the compensation arrangement; and ``(bb) not determined in a manner that directly or indirectly takes into account the volume or value of referrals or other business generated between the parties; ``(iii) include a form settlement agreement provided by the Secretary signed by the entity; and ``(iv) include a certification from the entity that, to the best of the entity's knowledge, the information provided is truthful information and is based on a good faith effort to bring the matter to the Secretary's attention. ``(C) Acceptance or rejection of disclosure by the secretary.--The following rules shall apply to the acceptance or rejection of a disclosure under the APTN: ``(i) The Secretary shall accept or reject a complete, accurate, and timely disclosure. ``(ii) Upon receipt of a disclosure, the Secretary shall notify the disclosing party of such receipt. ``(iii) The Secretary may request additional information from the disclosing party. ``(iv) Upon acceptance by the Secretary, the Secretary shall notify the disclosing party in writing of such acceptance. ``(v) The disclosure shall be rejected if-- ``(I) the disclosing party fails to furnish the additional information requested by the Secretary in such form and manner as the Secretary may specify; or ``(II) in the Secretary's sole determination, the noncompliance disclosed did not meet the disclosure requirements specified in subparagraph (B). ``(vi) The disclosure shall be accepted if-- ``(I) the Secretary has issued a written notice to the disclosing party that the disclosure is determined to satisfy the requirements for disclosures under this section; or ``(II) the disclosure is complete, accurate, and timely and satisfies each of the requirements for disclosures under this section, 180 calendar days have passed since notification of receipt by the Secretary of the disclosure, and the Secretary has not rejected the disclosure during that period. ``(vii) In determining whether to accept a disclosure, the Secretary may reasonably rely on the information and certifications included in the disclosure. ``(D) Rule for withdrawal of disclosure.--Prior to acceptance or rejection of a disclosure by the Secretary, an entity may voluntarily withdraw such disclosure from the APTN. ``(E) Civil monetary penalties pursuant to the alternative protocol for technical noncompliance.-- ``(i) In general.--Subject to clause (ii), for each arrangement disclosed under this subsection and accepted under subparagraph (C), the Secretary shall impose a single civil monetary penalty of-- ``(I) $5,000, in the case in which disclosure of the inadvertant technical noncompliance with subsection (a)(1) was submitted to the Secretary not later than the date that is one year after the initial date of inadvertent technical noncompliance with subsection (a)(1); or ``(II) $10,000, in the case in which the disclosure of the inadvertant technically noncompliance with subsection (a)(1) was submitted to the Secretary-- ``(aa) after the date that is more than one year after the initial date of the entity's inadvertent technical noncompliance with subsection (a)(1); and ``(bb) not after the date that is 3 years (or, in the case of a disclosure submitted after the 5th year for which this subsection applies, the date that is 2 years) from the initial date of the entity's inadvertent technical noncompliance with subsection (a)(1). ``(ii) Special rule for entities that disclosed to the aptn after withdrawing a disclosure from the srdp.--In the case of an entity that elects under paragraph (1)(C) to withdraw a disclosure from the self-referral disclosure protocol (as defined in paragraph (2)) and instead submit the disclosure to the APTN under this subsection, in determining the applicable civil monetary penalty under clause (i), the date of disclosure to the self- referral disclosure protocol shall be substituted for the date of disclosure to the APTN. ``(F) Relation to advisory opinions.--The APTN shall be separate from the advisory opinion process set forth in regulations implementing subsection (g) of this section. ``(G) Publication on internet website of aptn information.--Not later than one year after the date of the enactment of this subsection, the Secretary shall post information on the public Internet website of the Centers for Medicare & Medicaid Services to inform relevant stakeholders of how to disclose and make payment of a civil monetary penalty for inadvertent technical noncompliance with subsection (a)(1). ``(H) Definitions.--In this subsection: ``(i) Technical noncompliance.--The term `technical noncompliance with subsection (a)(1)' means, with respect to a compensation arrangement, that-- ``(I) the arrangement is not signed by one or more parties to the arrangement; ``(II) following the expiration of the arrangement, the arrangement was a holdover arrangement for a period longer than permitted in regulations issued by the Secretary; or ``(III) the contemporaneous written documentation evidencing the terms of the arrangement identifies the parties to the arrangement and the items, services, space, or equipment, as applicable, but is not sufficient to satisfy the writing requirement of an applicable exception. ``(ii) Inadvertent.--The term `inadvertent' means, with respect to a compensation arrangement that is in technical noncompliance with subsection (a)(1), that an entity that is a party to the compensation arrangement did not know or should not have known of the noncompliance. ``(I) Administration.--Chapter 35 of title 44, United States Code, shall not apply to this subsection. ``(J) Implementation.--Notwithstanding any other provision of law, the Secretary may implement the provisions of this paragraph by program instruction or otherwise.''.	Stark Administrative Simplification Act of 2017 This bill establishes alternative protocols and sanctions for inadvertent technical noncompliance with the Stark Rule against self-referral under Medicare. "Technical noncompliance" means, with respect to a compensation arrangement, that: (1) the agreement is not signed by one or more parties to the arrangement, (2) the arrangement was a holdover arrangement for a period longer than is allowed by the Centers for Medicare & Medicaid Services, or (3) documentation of the arrangement contains specified identifying information but is otherwise insufficient to satisfy the writing requirement of an applicable exception.
SECTION 1. LIMITATION ON CERTAIN ALIENS CLAIMING EARNED INCOME TAX CREDIT. (a) In General.--Paragraph (1) of section 32(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(G) Prohibition on retroactive credit for certain immigrants.-- ``(i) In general.--In the case of any alien described in clause (iii), no credit shall be allowed under this section for the taxable year in which such alien was granted deferred action described in such clause or for any taxable year prior to such year unless such alien-- ``(I) was an eligible individual for the taxable year, and ``(II) was authorized to engage in employment in the United States for the entire taxable year. ``(ii) Married individuals.--In the case of an eligible individual who is married (within the meaning of section 7703) to an alien described in clause (iii), no credit shall be allowed under this section for any taxable year-- ``(I) in which such alien was married (within the meaning of section 7703) to the eligible individual, and ``(II) which includes or was prior to the date on which such alien was granted deferred action described in such clause, unless such alien was authorized to engage in employment in the United States for the entire taxable year. ``(iii) Alien described.--An alien is described in this clause if such alien is granted deferred action pursuant to the memorandum from the Secretary of Homeland Security entitled `Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Who Are the Parents of U.S. Citizens or Permanent Residents' dated November 20, 2014 (or any substantially similar policy changes issued or taken on or after the date of the enactment of this clause, whether set forth in memorandum, Executive order, regulation, directive, or by other action).''. (b) Qualifying Children.--Subparagraph (D) of section 32(c)(3) of the Internal Revenue Code of 1986 is amended by redesignating clause (ii) as clause (iii) and by inserting after clause (i) the following new clause: ``(ii) Prior years.--In the case of an alien described in paragraph (1)(G)(iii), such alien shall not be taken into account as a qualifying child under subsection (b) for any taxable year in which such alien was granted deferred action described in such paragraph, or for any taxable year prior to such year, unless such alien was authorized to engage in employment in the United States for the taxable year.''. (c) Information Sharing.-- (1) Commissioner of social security.-- (A) In general.--The Commissioner of Social Security (referred to in this subsection as the ``Commissioner'') shall provide to the Secretary of Treasury (or the Secretary's delegate) the information described in subparagraph (B) with respect to any alien who-- (i) is granted deferred action pursuant to the memorandum from the Secretary of Homeland Security entitled ``Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Who Are the Parents of U.S. Citizens or Permanent Residents'' dated November 20, 2014 (or any substantially similar policy changes issued or taken on or after the date of the enactment of this clause, whether set forth in memorandum, Executive order, regulation, directive, or by other action); and (ii) has been assigned a social security account number by the Commissioner. (B) Information provided.--The information described in this subparagraph is-- (i) the name and social security account number of any individual described in subparagraph (A); (ii) the date such social security account number was issued by the Commissioner; and (iii) such other information as determined by the Commissioner, in consultation with the Secretary of the Treasury, to be necessary to carry out the amendments made by subsections (a) and (b). (2) Secretary of homeland security.--The Secretary of Homeland Security shall provide to the Commissioner of Social Security such information as is necessary to assist the Commissioner in carrying out the requirements of paragraph (1). (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2014.	This bill amends the Internal Revenue Code to deny the earned income tax credit to an alien who has been granted deferred action from removal in any taxable year in which such alien was not lawfully present in the United States or not authorized to work. The bill requires the Commissioner of Social Security to provide the Internal Revenue Service with information on social security account numbers granted to aliens under the deferred action from removal program.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicaid Accountability through Transparency Act of 2009''. SEC. 2. MEDICAID INTERNET-BASED TRANSPARENCY PROGRAM. (a) In General.--Title XIX of the Social Security Act, as amended by section 203(d) of the Children's Health Insurance Program Reauthorization Act of 2009 (Public Law 111-3), is amended by adding at the end the following new section: ``SEC. 1943. INTERNET-BASED TRANSPARENCY PROGRAM. ``(a) In General.--Not later than one year after the date of the enactment of this section, the Secretary shall implement a program under which the Secretary shall make available through the public Internet website of the Department of Health and Human Services non- aggregated information on individuals collected under the Medicaid Statistical Information System described in section 1903(r)(1)(F) insofar as such information has been de-identified in accordance with regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996. In implementing such program, the Secretary shall ensure that-- ``(1) the information made so available is in a format that is easily accessible, useable, and understandable to the public, including individuals interested in improving the quality of care provided to individuals eligible for items and services under this title, researchers, health care providers, and individuals interested in reducing the prevalence of waste and fraud under this title; ``(2) the information made so available is as current as deemed practical by the Secretary and shall be updated at least once per calendar quarter; ``(3) to the extent feasible-- ``(A) all hospitals, nursing homes, clinics, and large physician practices included in such information that are identifiable by name to individuals who access the information through such program; and ``(B) all individual health care providers not described in subparagraph (A), including physicians and dentists, are identifiable by unique identifier numbers that are disclosed only to appropriate officials within the Department of Health and Human Services and the State involved; and ``(4) the Secretary periodically solicits comments from a sampling of individuals who access the information through such program on how to best improve the utility of the program. ``(b) Use of Contractor.--For purposes of implementing the program under subsection (a) and ensuring the information made available through such program is periodically updated, the Secretary may select and enter into a contract with a public or private entity meeting such criteria and qualifications as the Secretary determines appropriate. ``(c) Annual Reports.--Not later than 2 years after the date of the enactment of this section and annually thereafter, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Finance of the Senate a report on the progress of the program under subsection (a), including on the extent to which information made available through the program is accessed and the extent to which comments received under subsection (a)(4) were used during the year involved to improve the utility of the program. ``(d) Incentives for Compliance With Existing State Requirements.-- If the Secretary determines that one of the 50 States or the District of Columbia has not fully and properly complied with section 1903(r)(1)(F), including any encounter data requirements, for any period beginning after the date that is one year after the date of the enactment of this section, the Secretary shall reduce the amount paid to the State or the District of Columbia, respectively, under section 1903(a) by $25,000 for each such day. Such reduction shall be made unless-- ``(1) the State or the District of Columbia, respectively, demonstrates to the Secretary's satisfaction that the State made a good faith effort to comply; ``(2) not later than 60 days after the date of a finding that the State or the District of Columbia, respectively, has not fully and properly complied with section 1903(r)(1)(F), the State or the District of Columbia, respectively, submits to the Secretary (and the Secretary approves) a corrective action plan to implement such a program; and ``(3) not later than 12 months after the date of such submission (and approval), the State or the District of Columbia, respectively, fulfills the terms of such corrective action plan. The Secretary shall transfer the amount of any reduction under this subsection to the fund established under subsection (e). ``(e) Funding.-- ``(1) Medicaid internet-based transparency fund.--The Secretary shall establish a fund to be known as the `Medicaid Internet-based Transparency Fund', consisting of such amounts as may be transferred to such Fund under subsection (d) and such amounts as may be appropriated to such Fund under paragraph (3). ``(2) Expenditures from fund.--Amounts in the Medicaid Internet-based Transparency Fund shall be available to the Secretary only for purposes of carrying out this section. ``(3) Authorization of appropriations.--There is authorized to be appropriated to the Medicaid Internet-based Transparency Fund $10,000,000 for fiscal year 2009, to remain available until expended.''. (b) Feasibility Report on Including SCHIP Information in Internet- Based Transparency Program.--Not later than 2 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to the Committee on Energy and Commerce of the House of Representative and the Committee on Finance of the Senate a report on the feasibility, potential costs, and potential benefits of making publicly available through an Internet-based program de-identified payment and patient encounter information for items and services furnished under title XXI of the Social Security Act which would not otherwise be included in the information collected under the Medicaid Statistical Information System described in section 1903(r)(1)(F) of such Act and made available under section 1943 of such Act, as added by subsection (a).	Medicaid Accountability through Transparency Act of 2009 - Amends title XIX (Medicaid) of the Social Security Act, as amended by the Children's Health Insurance Program Reauthorization Act of 2009, to direct the Secretary of Health and Human Services to implement a program under which the Secretary shall make available through the public Internet website of the Department of Health and Human Services non-aggregated, de-identified information on individuals collected under the Medicaid Statistical Information System (MSIS). Requires reduction of Medicaid payments to states which have not provided for electronic transmission of claims data in the format specified by the Secretary and consistent with the MSIS (including detailed individual enrollee encounter data and other information that the Secretary may find necessary). Directs the Secretary to report to specified congressional committees on the feasibility, potential costs, and potential benefits of making publicly available through an Internet-based program de-identified payment and patient encounter information for items and services furnished under title XXI (Children's Health Insurance Program) (CHIP, formerly known as SCHIP) of the Social Security Act which would not otherwise be included in the information collected under the MSIS.
TITLE I--MODIFICATION OF PROVISIONS RELATING TO DRAWBACK CLAIMS SEC. 101. MERCHANDISE NOT CONFORMING TO SAMPLE OR SPECIFICATIONS. Section 313(c) of the Tariff Act of 1930 (19 U.S.C. 1313(c)), is amended to read as follows: ``(c) Merchandise Not Conforming to Sample or Specifications.-- ``(1) Conditions for drawback.--Upon the exportation or destruction under the supervision of the Customs Service of articles or merchandise-- ``(A) upon which the duties have been paid, ``(B) which has been entered or withdrawn for consumption, ``(C) which is-- ``(i) not conforming to sample or specifications, shipped without the consent of the consignee, or determined to be defective as of the time of importation, or ``(ii) ultimately sold at retail and for any reason returned to and accepted by the importer or the claimant under the provisions of the importer's or claimant's merchandise warranty provision, and ``(D) which, within 3 years after the date of importation or withdrawal, as applicable, has been exported or destroyed under the supervision of the Customs Service, the full amount of the duties paid upon such merchandise, less 1 percent, shall be refunded as drawback. ``(2) Designation of import entries.--Notwithstanding paragraph (1), for purposes of paragraph (1)(C)(ii), drawback may be claimed by designating any entry of merchandise that was imported within 1 year before the date of exportation or destruction of the merchandise described in paragraph (1) under the supervision of the Customs Service. The returned merchandise, at the time of its importation, must be commercially interchangeable with the merchandise designated for drawback. ``(3) When drawback certificates not required.--For purposes of this subsection, drawback certificates are not required if the drawback claimant and the importer are the same party, or if the drawback claimant is a drawback successor to the importer as defined in subsection (s)(3).''. SEC. 102. TIME LIMITATION ON EXPORTATION OR DESTRUCTION. Section 313(i) of the Tariff Act of 1930 (19 U.S.C. 1313(j)), is amended-- (1) by striking ``No'' and inserting ``Unless otherwise provided for in this section, no''; and (2) by inserting ``, or destroyed under the supervision of the Customs Service,'' after ``exported''. SEC. 103. USE OF DOMESTIC MERCHANDISE ACQUIRED IN EXCHANGE FOR IMPORTED MERCHANDISE OF SAME KIND AND QUALITY. Section 313(k) of the Tariff Act of 1930 (19 U.S.C. 1313(k)), is amended-- (1) by striking ``(k)'' and inserting ``(k)(1)''; and (2) by adding at the end the following new paragraph: ``(2) For purposes of subsections (a) and (b), the use of any domestic merchandise acquired in exchange for a drawback product of the same kind and quality shall be treated as the use of such drawback product if no certificate of delivery or certificate of manufacture and delivery pertaining to such drawback product is issued, other than that which documents the product's manufacture and delivery. As used in this paragraph, the term `drawback product' means any domestically produced product manufactured with imported merchandise that is subject to drawback.'' SEC. 104. PACKAGING MATERIAL. Section 313(q) of the Tariff Act of 1930 (19 U.S.C. 1313(q)), is amended to read as follows: ``(q) Packaging Material.-- ``(1) Packaging material under subsections (c) and (j).-- Packaging material, whether imported and duty paid, and claimed for drawback under either subsection (c) or (j)(1), or imported and duty paid, or substituted, and claimed for drawback under subsection (j)(2), shall be eligible for drawback, upon exportation or destruction, of 99 percent of any duty, tax, or fee imposed under Federal law on such imported material. ``(2) Packaging material under subsections (a) and (b).-- Packaging material that is manufactured or produced under subsection (a) or (b) shall be eligible for drawback, upon exportation or destruction, of 99 percent of any duty, tax, or fee imposed under Federal law on the imported or substituted merchandise used to manufacture or produce such material. ``(3) Contents.--Packaging material described in paragraphs (1) and (2) shall be eligible for drawback whether or not they contain articles or merchandise, and whether or not any articles or merchandise they contain are eligible for drawback. ``(4) Employing packaging material for its intended purpose prior to exportation.--The use of any packaging material for its intended purpose prior to exportation or destruction shall not be treated as a use of such material prior to exportation or destruction for purposes of applying subsection (a), (b), or (c), or paragraph (1)(B) or (2)(C)(i) or subsection (j).''. SEC. 105. LIMITATION ON LIQUIDATION. Section 504 of the Tariff Act of 1930 (19 U.S.C. 1504) is amended-- (1) by striking subsections (a) and (b) and inserting the following: ``(a) Liquidation.-- ``(1) Entries for consumption.--Unless an entry of merchandise for consumption is extended by statute or court order, except as provided in section 751(a)(3), an entry of merchandise for consumption not liquidated within 1 year from-- ``(A) the date of entry of such merchandise, ``(B) the date of the final withdrawal of all such merchandise covered by a warehouse entry, ``(C) the date of withdrawal from warehouse of such merchandise for consumption if, pursuant to regulations issued under section 505(a), duties may be deposited after the filing of any entry or withdrawal from warehouse, or ``(D) if a reconciliation is filed, or should have been filed, the date of the filing under section 484 or the date the reconciliation should have been filed, shall be deemed liquidated at the rate of duty, value, quantity, and amount of duties asserted at the time of entry by the importer of record. Notwithstanding section 500(e), notice of liquidation need not be given of an entry deemed liquidated. ``(2) Entries or claims for drawback.-- ``(A) In general.--Except as provided in subparagraph (B), unless an entry or claim for drawback is extended under subsection (b) or suspended as required by statute or court order, an entry or claim for drawback not liquidated within 1 year from the date of entry or claim shall be deemed liquidated at the drawback amount asserted by the claimant at the time of entry or claim. Notwithstanding section 500(c), notice of liquidation need not be given of an entry deemed liquidated. ``(B) Exception.--An entry or claim for drawback filed before the date of the enactment of this paragraph, the liquidation of which is not final as of the date of the enactment of this paragraph, shall be deemed liquidated on the date that is 1 year after the date of the enactment of this paragraph at the drawback amount asserted by the claimant at the time of the entry or claim. ``(3) Payments or refunds.--Payment or refund of duties owed pursuant to paragraph (1) or (2) shall be made to the importer of record or drawback claimant, as the case may be, not later than 90 days after liquidation. ``(b) Extension.--The Secretary may extend the period in which to liquidate an entry if-- ``(1) the information needed for the proper appraisement or classification of the imported or withdrawn merchandise, or for determining the correct drawback amount, or for ensuring compliance with applicable law, is not available to the Customs Service; or ``(2) the importer of record or drawback claimant, as the case may be, requests such extension and shows good cause therefor. The Secretary shall give notice of an extension under this subsection to the importer of record or drawback claimant, as the case may be, and the surety of such importer of record or drawback claimant. Notice shall be in such form and manner (which may include electronic transmittal) as the Secretary shall by regulation prescribe. Any entry the liquidation of which is extended under this subsection shall be treated as having been liquidated at the rate of duty, value, quantity, and amount of duty asserted at the time of entry by the importer of record, or the drawback amount asserted at the time of entry by the drawback claimant, at the expiration of 4 years from the applicable date specified in subsection (a).''; (2) in subsection (c)-- (A) by inserting ``or drawback claimant, as the case may be,'' after ``to the importer of record''; and (B) by inserting ``or drawback claimant'' after ``of such importer of record''; and (3) in subsection (d), by striking the period at the end and inserting ``or (in the case of a drawback entry or claim) at the drawback amount asserted at the time of entry by the drawback claimant.''. SEC. 106. PENALTIES FOR FALSE DRAWBACK CLAIMS. Section 593A(h) of the Tariff Act of 1930 (19 U.S.C. 1593a(h)) is amended by striking ``subsection (g)'' and inserting ``subsections (c) and (g)''. SEC. 107. EFFECTIVE DATE. (a) Sections 101, 102, 103, 104, and 106.--The amendments made by sections 101, 102, 103, 104, and 106 shall take effect on the date of the enactment of this Act, and shall apply to-- (1) any drawback entry filed on and after such date of enactment; and (2) any drawback entry filed before such date of enactment if the liquidation of the entry is not final on such date of enactment. (b) Section 105.--The amendments made by section 105 shall take effect on the date of the enactment of this Act, and shall apply to-- (1) any entry of merchandise for consumption or entry or claim for drawback filed on and after such date of enactment; and (2) any entry or claim for drawback filed before such date of enactment if the liquidation of the entry or claim is not final on such date of enactment. TITLE II--LIQUIDATION OR RELIQUIDATION OF CERTAIN ENTRIES SEC. 201. LIQUIDATION OR RELIQUIDATION OF CERTAIN ENTRIES. (a) In General.--Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, and subject to subsection (b), the United States Customs Service shall, not later than 180 days after the receipt of the request described in subsection (b), liquidate or reliquidate each entry described in subsection (d) by applying the column 1 general rate of duty of the Harmonized Tariff Schedule of the United States to each entry that is liquidated or reliquidated, regardless of whether the entry was made under the column 1 special rate of duty of such schedule. (b) Requests.--Liquidation or reliquidation may be made under subsection (a) with respect to an entry described in subsection (d) only upon a request therefor is filed with the Customs Service. (c) Payment of Amounts Due.--Any amounts due to the United States pursuant to the liquidation or reliquidation of an entry under subsection (a) shall be paid not later than 180 days after the date of such liquidation or reliquidation. (d) Affected Entries.--The entries referred to in subsection (a), filed at the ports of Laredo, Texas (designated as port of entry 2304), Hidalgo, Texas (designated as port of entry 2305), and Wilmington, Delaware (designated as port of entry 1103), are as follows: ------------------------------------------------------------------------ Port of Entry Date of Entry ------------------------------------------------------------------------ 95300618568 2305 02/22/95 95300618576 2305 02/22/95 95300619236 2305 02/27/95 95300619277 2305 02/27/95 95300619806 2305 03/02/95 95300619871 2305 03/02/95 95300620142 2305 03/07/95 95300620176 2305 03/03/95 95300620184 2305 03/03/95 95300620911 2305 03/07/95 95300635133 2305 04/07/95 95300635141 2305 04/07/95 95300635950 2305 04/12/95 95300635968 2305 04/12/95 95300636370 2305 04/14/95 95300636388 2305 04/14/95 95300640554 2305 05/09/95 95300640653 2305 05/10/95 95300656592 2304 11/05/95 95300657665 2304 11/29/95 95300657756 2304 12/02/95 95300658358 2304 12/16/95 95300658408 2304 12/17/95 95300658572 2304 12/19/95 95300658648 2304 12/22/95 95300658754 2304 12/22/95 95300658945 2304 12/27/95 95300659018 2304 12/28/95 95300659117 2304 12/29/95 95300659208 2304 01/02/96 95300659398 2304 01/05/96 95300659513 2304 01/08/96 95300659547 2304 01/09/96 95300659679 2304 01/11/96 95300659737 2304 01/14/96 95300659794 2304 01/13/96 95300659810 2304 01/14/96 95300659844 2304 01/15/96 95300659851 2304 01/15/96 95300659901 2304 01/16/96 95300659919 2304 01/16/96 95300659935 2304 01/17/96 95300660065 2304 01/18/96 95300660107 2304 01/19/96 95300660172 2304 01/22/96 95300660180 2304 01/22/96 95300660248 2304 01/22/96 95300660362 2304 01/23/96 95300660388 2304 01/24/96 95300660560 2304 01/25/96 95300660743 2304 01/27/96 95300660818 2304 01/29/96 95300660826 2304 01/29/96 95300704053 2305 05/16/95 95300704061 2305 05/16/95 95300704889 2305 05/22/95 95300704897 2305 05/22/95 95300705886 2305 05/31/95 95300705969 2305 05/30/95 95300706900 2305 06/09/95 95300706926 2305 06/09/95 95300752656 2305 02/02/96 95300752698 2305 02/04/96 95300752805 2305 02/05/96 95300752813 2305 02/05/96 95300752870 2305 02/06/96 95300752904 2305 02/06/96 95300753001 2305 02/07/96 95300753076 2305 02/09/96 R7410350736 1103 11/29/95 R7410350769 1103 11/29/95 R7410350801 1103 11/29/95 R7410350835 1103 11/29/95 T8500081575 2305 06/16/95 T8500081591 2305 06/16/95 T8500081716 2305 06/20/95 T8500081724 2305 06/20/95 T8500081815 2305 06/27/95 T8500081823 2305 06/28/95 T8500081922 2305 06/27/95 T8500081930 2305 06/27/95 T8500082052 2305 07/01/95 T8500082060 2305 07/01/95 T8500082326 2305 07/14/95 T8500082342 2305 07/14/95 T8500082458 2305 07/22/95 T8500082482 2305 07/22/95 T8500082508 2305 07/24/95 T8500082516 2305 07/24/95 T8500082581 2305 07/30/95 T8500082599 2305 07/30/95 T8500082656 2305 08/03/95 T8500082664 2305 08/03/95 T8500082748 2305 08/09/95 T8500082797 2305 08/10/95 T8500082839 2305 08/14/95 T8500082847 2305 08/14/95 T8500084462 2305 10/22/95 ------------------------------------------------------------------------	Amends the Tariff Act of 1930 to revise provisions requiring a refund of duties (drawback) on articles or merchandise which has been exported or destroyed under the supervision of the Customs Service within three years after importation or withdrawal, and which, among other things, is ultimately sold at retail and for any reason returned to and accepted by the importer or the claimant under the provisions of the importer's or claimant's merchandise warranty provision. Authorizes a drawback to be claimed by designating any entry of such merchandise that was imported within one year before its exportation or destruction. Prohibits the allowance of a drawback unless the completed article is exported or destroyed under the supervision of the Customs Service within five years after its importation.Sets forth drawback requirements with regard to: (1) use of domestic merchandise acquired in exchange for imported merchandise of same kind and quality; (2) packaging material; and (3) liquidation of entries.Sets forth penalties for false drawback claims.Provides for the liquidation or reliquidation of certain entries filed at the ports of Laredo, Texas, Hidalgo, Texas, and Wilmington, Delaware.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Health Options and Insurance Competition Enhancement Act'' or the ``CHOICE Act''. SEC. 2. PUBLIC HEALTH INSURANCE OPTION. (a) In General.--Part C of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-91) is amended by adding at the end the following: ``SEC. 2795. PUBLIC HEALTH INSURANCE OPTION. ``(a) Establishment.-- ``(1) In general.--For plan years beginning in 2019, the Secretary shall establish, and provide for the offering through the Exchanges, of a qualified health plan (in this Act referred to as the `public health insurance option') that provides value, choice, competition, and stability of affordable, high- quality coverage throughout the United States in accordance with this section. ``(2) Primary responsibility.--In designing the public health insurance option, the primary responsibility of the Secretary shall be to create an affordable health plan without compromising quality or access to care. ``(b) Administrating the Public Health Insurance Option.-- ``(1) Offered through exchanges.-- ``(A) Exclusive to exchanges.--The public health insurance option shall be made available through the Exchanges. ``(B) Ensuring a level playing field.--Consistent with this section, the public health insurance option shall comply with requirements under title I of the Patient Protection and Affordable Care Act, and the amendments made by that title, that are applicable to health plans offered through the Exchanges, including requirements related to benefits, benefit levels, provider networks, notices, consumer protections, and cost-sharing. ``(C) Provision of benefit levels.--The public health insurance option shall offer bronze, silver, and gold plans. ``(2) Administrative contracting.-- ``(A) Authorities.--The Secretary may enter into contracts for the purpose of performing administrative functions (including functions described in subsection (a)(4) of section 1874A of the Social Security Act) with respect to the public health insurance option in the same manner as the Secretary may enter into contracts under subsection (a)(1) of such section. The Secretary shall have the same authority with respect to the public health insurance option as the Secretary has under such subsection (a)(1) and subsection (b) of section 1874A of the Social Security Act with respect to title XVIII of such Act. ``(B) Transfer of insurance risk.--Any contract under this paragraph shall not involve the transfer of insurance risk from the Secretary to the entity entering into such contract with the Secretary. ``(3) Ombudsman.-- ``(A) Establishment.--The Secretary shall establish an office of the ombudsman for the public health insurance option. ``(B) Duties.--Such ombudsman shall-- ``(i) have duties with respect to the public health insurance option similar to the duties of the Medicare Beneficiary Ombudsman under section 1808(c)(2) of the Social Security Act; and ``(ii) work with States to ensure that information and notice is provided that the public health insurance option is one of the health plans available through an Exchange. ``(4) State advisory council.-- ``(A) Establishment.--A State may establish a public or nonprofit entity to serve as the State Advisory Council to provide recommendations to the Secretary on the operations and policies of the public health insurance option offered through the Exchange operating in the State. ``(B) Recommendations.--A State Advisory Council established under subparagraph (A) shall provide recommendations on at least the following: ``(i) Policies and procedures to integrate quality improvement and cost containment mechanisms into the health care delivery system. ``(ii) Mechanisms to facilitate public awareness of the availability of the public health insurance option. ``(iii) Alternative payment models and value-based insurance design under the public health insurance option that encourage quality improvement and cost control. ``(C) Members.--The members of any State Advisory Council shall be representatives of the public and include health care consumers and health care providers. ``(D) Applicability of recommendations.--The Secretary may apply the recommendations of a State Advisory Council to the public health insurance option in that State, in any other State, or in all States. ``(5) Data collection.--The Secretary shall collect such data as may be required-- ``(A) to establish rates for premiums and health care provider reimbursement under subsection (c); and ``(B) for other purposes under this section, including to improve quality, and reduce racial, ethnic, and other disparities, in health and health care. ``(c) Financing the Public Health Insurance Option.-- ``(1) Premiums.-- ``(A) Establishment.--The Secretary shall establish geographically adjusted premium rates for the public health insurance option-- ``(i) in a manner that complies with the requirement for premium rates under subparagraph (C) and considers the data collected under subsection (b)(4); and ``(ii) at a level sufficient to fully finance-- ``(I) the costs of health benefits provided by the public health insurance option; and ``(II) administrative costs related to operating the public health insurance option. ``(B) Contingency margin.--In establishing premium rates under subparagraph (A), the Secretary shall include an appropriate amount for a contingency margin. ``(C) Variations in premium rates.--The premium rate charged for the public health insurance option may not vary except as provided under section 2701. ``(2) Health care provider payment rates for items and services.-- ``(A) In general.-- ``(i) Rates negotiated by the secretary.-- Not later than January 1, 2018, and except as provided in clause (ii), the Secretary shall, through a negotiated agreement with health care providers, establish rates for reimbursing health care providers for providing the benefits covered by the public health insurance option. ``(ii) Medicare reimbursement rates.--If the Secretary and health care providers are unable to reach a negotiated agreement on a reimbursement rate, the Secretary shall reimburse providers at rates determined for equivalent items and services under the original medicare fee-for-service program under parts A and B of title XVIII of the Social Security Act. ``(iii) For new services.--The Secretary shall modify reimbursement rates described in clause (ii) in order to accommodate payments for services, such as well-child visits, that are not otherwise covered under the original medicare fee-for-service program. ``(B) Prescription drugs.--Any payment rate under this subsection for a prescription drug shall be at a rate negotiated by the Secretary. If the Secretary is unable to reach a negotiated agreement on such a reimbursement rate, the Secretary shall use rates determined for equivalent drugs paid for under the original medicare fee-for-service program. The Secretary shall modify such rates in order to accommodate payments for drugs that are not otherwise covered under the original medicare fee-for-service program. ``(3) Account.-- ``(A) Establishment.--There is established in the Treasury of the United States an account for the receipts and disbursements attributable to the operation of the public health insurance option, including the start-up funding under subparagraph (C) and appropriations authorized under subparagraph (D). ``(B) Prohibition of state imposition of taxes.-- Section 1854(g) of the Social Security Act shall apply to receipts and disbursements described in subparagraph (A) in the same manner as such section applies to payments or premiums described in such section. ``(C) Start-up funding.-- ``(i) Authorization of funding.--There are authorized to be appropriated such sums as may be necessary to establish the public health insurance option and cover 90 days of claims reserves based on projected enrollment. ``(ii) Amortization of start-up funding.-- The Secretary shall provide for the repayment of the startup funding provided under clause (i) to the Treasury in an amortized manner over the 10-year period beginning on January 1, 2019. ``(D) Additional authorization of appropriations.-- To carry out paragraph (2) of subsection (b), there are authorized to be appropriated such sums as may be necessary. ``(d) Health Care Provider Participation.-- ``(1) Provider participation.-- ``(A) In general.--The Secretary shall establish conditions of participation for health care providers under the public health insurance option. ``(B) Licensure or certification.--The Secretary shall not allow a health care provider to participate in the public health insurance option unless such provider is appropriately licensed or certified under State law. ``(2) Establishment of a provider network.-- ``(A) Medicare and medicaid participating providers.--A health care provider that is a participating provider of services or supplier under the Medicare program under title XVIII of the Social Security Act or under a State Medicaid plan under title XIX of such Act is a participating provider in the public health insurance option unless the health care provider opts out of participating in the public health insurance option through a process established by the Secretary. ``(B) Additional providers.--The Secretary shall establish a process to allow health care providers not described in subparagraph (A) to become participating providers in the public health insurance option.''. (b) Conforming Amendments.-- (1) Treatment as a qualified health plan.--Section 1301(a)(2) of the Patient Protection and Affordable Care Act (42 U.S.C. 18021(a)(2)) is amended-- (A) in the paragraph heading, by inserting ``, the public health insurance option,'' before ``and''; and (B) by inserting ``the public health insurance option under section 2795 of the Public Health Service Act,'' before ``and a multi-State plan''. (2) Level playing field.--Section 1324(a) of the Patient Protection and Affordable Care Act (42 U.S.C. 18044(a)) is amended by inserting ``the public health insurance option under section 2795 of the Public Health Service Act,'' before ``or a multi-State qualified health plan''.	Consumer Health Options and Insurance Competition Enhancement Act or the CHOICE Act This bill amends the Public Health Service Act to require the Department of Health and Human Services (HHS) to offer, throughout the United States, a public health insurance option that provides value, choice, competition, and the stability of affordable, high-quality coverage. Plans under the public health insurance option must be qualified health plans and must include plans with bronze, silver, and gold tier benefits. (Qualified health plans are sold on health insurance exchanges, are the only plans eligible for premium subsidies, and fulfill an individual's requirement to maintain minimum essential coverage.) HHS must establish an office of the ombudsman for the public health insurance option. States may establish advisory councils to provide recommendations to HHS on the operations and policies of the public health insurance option. HHS must collect data to establish rates for premiums and health care provider reimbursement and for other purposes. Premium rates for public health insurance option plans must: (1) fully finance administrative costs and provided health benefits, and (2) include a contingency margin. HHS must negotiate rates for health care providers and prescription drugs under the public health insurance option. If HHS is unable to reach a negotiated agreement on rates, HHS must use Medicare rates. States may not tax federal receipts or disbursements attributable to the operation of the public health insurance option. HHS must establish conditions for participation by health care providers in the public health insurance option. A provider participating in Medicare or Medicaid is a participant in the public health insurance option unless the provider opts out.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Mercury Emissions Control Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) mercury pollution is a serious hazard to human health and the environment in the United States; (2) more than 45 percent of the industrial mercury emissions of the United States come from coal-fired power plants; (3) of the mercury deposited in the United States, 60 percent comes from United States sources; (4) human exposure to methylmercury, the most toxic form of mercury, comes almost exclusively from consuming fish and shellfish; (5) mercury released into the atmosphere is deposited into waterways, where the mercury collects in the tissue of fish as methylmercury at concentrations of up to 10,000,000 times that of the mercury concentration in the surrounding water; (6) each year, approximately 630,000 children are born having been exposed to dangerous levels of methylmercury in the womb, placing the children at risk of neurological problems, including poor performance on neurobehavioral tests, especially on tests of-- (A) fine motor function; (B) attention; (C) language; (D) visual-spatial abilities; and (E) memory; (7) exposure of humans and animals of all ages to methylmercury adversely impacts the cardiovascular system, blood pressure regulation, and heart-rate variability, and contributes to heart disease; (8) the monetary benefit of reducing those health outcomes is estimated to be in the billions of dollars; (9) reducing coal-fired power plant mercury emissions by 90 percent is-- (A) feasible by calendar year 2010 using current methods, such as activated carbon injection technology and fabric filters; and (B) projected to result in annual financial benefits of up to $5,200,000,000; (10) the addition of a scrubber can reduce mercury emissions by up to 98 percent from a bituminous coal-fired power plant; (11) activated carbon injection technology has been successfully used to control mercury emissions from municipal waste incinerators, leading to reductions from 45.2 tons in 1990 to 2.2 tons in 2000; (12) the capital cost of activated carbon injection equipment is minimal, at less than $3 per kilowatt; (13) the final rules of the Environmental Protection Agency entitled ``Revision of December 2000 Regulatory Finding on the Emissions of Hazardous Air Pollutants From Electric Utility Steam Generating Units and the Removal of Coal- and Oil-Fired Electric Utility Steam Generating Units from the Section 112(c) List'' (70 Fed. Reg. 15994 (March 29, 2005)) and ``Standards of Performance for New and Existing Stationary Sources: Electric Utility Steam Generating Units'' (70 Fed. Reg 28606) (May 18, 2005)) (commonly known as the ``Clean Air Mercury Rule''), which were vacated by the United States Court of Appeals for the District of Columbia Circuit, would have reduced mercury emissions by only 50 percent by 2020; (14) in enacting Public Law 101-549 (commonly known as the ``Clean Air Act Amendments of 1990'') (42 U.S.C. 7401 et seq.), Congress included a list of 188 hazardous air pollutants, including mercury, to be regulated under section 112 of the Clean Air Act (42 U.S.C. 7412); and (15) section 112 of that Act requires regulation of hazardous air pollutants using maximum achievable control technology. (b) Purposes.--The purposes of this Act are-- (1) to require the Administrator of the Environmental Protection Agency to promulgate regulations to control hazardous air pollutant emissions from electric utility steam generating units; and (2) to ensure that those regulations accurately reflect the availability of highly effective controls. SEC. 3. EMISSIONS FROM ELECTRIC UTILITY STEAM GENERATING UNITS. Section 112(n)(1) of the Clean Air Act (42 U.S.C. 7412(n)(1)) is amended by adding at the end the following: ``(D) Regulations.-- ``(i) Proposal.--Not later than 180 days after the date of enactment of the Mercury Emissions Control Act, but in no case later than October 1, 2008, the Administrator shall propose regulations under subsection (d) to control the emission from new and existing electric utility steam generating units of hazardous air pollutants, including mercury pollutants. ``(ii) Requirement.--The regulations adopted from the proposed regulations under clause (i) shall require a reduction in emissions of mercury from new and existing electric utility steam generating units of not less than 90 percent.''.	Mercury Emissions Control Act - Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency (EPA) to propose regulations to: (1) control the emission of hazardous air pollutants, including mercury pollutants, from electric utility steam generating units; and (2) require a reduction of not less than 90% in such mercury emissions.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Reservoir Operations Improvement Act''. SEC. 2. REVISION OF WATER MANUALS. (a) In General.--Not later than 18 months after the date on which the Secretary of the Army, acting through the Chief of Engineers, identifies all eligible projects under section 3(c), the Secretary shall revise the water manuals of not more than 15 such projects (including not fewer than 6 projects that are not wholly owned and operated by the Corps of Engineers, if a sufficient number of such projects are identified) in accordance with this section. (b) Data for Revisions.--A revision of a water manual under subsection (a) shall incorporate-- (1) a forecast-informed reservoir operations plan, in accordance with subsection (c); (2) new watershed data; and (3) as applicable, the effects of any structural improvement completed after the date of the most recent revision of the water manual. (c) Forecast-Informed Reservoir Operations Plan.--The Secretary, in collaboration with the Administrator of the National Oceanic and Atmospheric Administration, shall create a forecast-informed reservoir operations plan for each selected project and incorporate such a plan into the applicable revision of a water manual under subsection (a). A forecast-informed reservoir operations plan shall include each of the following components: (1) A consideration of the relationship between ocean and atmospheric conditions, including the El Nino and La Nina cycles, and the potential for above-normal, normal, or below- normal rainfall for the coming water year, including a consideration of atmospheric river forecasts. (2) The precipitation and runoff index specific to the basin and watershed in which the relevant project is located, including information regarding the hydrological and meteorological conditions, at each 10-digit hydrologic unit (as defined by the U.S. Geological Survey) within such watershed, that influence the timing and quantity of runoff. (3) Updated hydrologic forecasting for precipitation, snowpack, and soil moisture conditions. (4) An adjustment of flood control rule curves to optimize, as applicable, water supply storage and reliability, hydropower production, environmental benefits related to flows and temperature, or other authorized project benefits, without a reduction in flood safety. (5) Proactive management in response to changes in forecasts. (d) Consultation and Coordination Requirement.--In revising a water manual under subsection (a), the Secretary shall-- (1) consult with affected entities, including-- (A) non-Federal interests responsible for the operations and maintenance costs of the flood control project for which the water manual is to be revised; (B) water rights holders; (C) individuals or entities with a right to any portion of the water within the reservoir of such project; and (D) local agencies with flood control responsibilities downstream of such project; and (2) enter into a cooperative agreement, memorandum of understanding, or other agreement with each non-Federal interest for the project, describing the scope and goals of the revision and the coordination among the parties. (e) Report.--Not later than 180 days after the date on which the Secretary completes a revision of a water manual under subsection (a), the Secretary shall submit to Congress a report regarding the components of the forecast-informed reservoir operations plan incorporated into such revision. (f) Funding.--The Secretary may accept and expend amounts from non- Federal interests to fund all or a portion of the costs of carrying out a revision of a water manual under this section. SEC. 3. IDENTIFICATION OF ELIGIBLE PROJECTS. (a) Report on Flood Control Projects.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committees on Appropriations and Environment and Public Works of the Senate and the Committees on Appropriations and Transportation and Infrastructure of the House of Representatives a report that includes, with respect to any State that is a drought State during water year 2015 or 2016-- (1) a list of each flood control project located in such a State; (2) the year during which the original water manual for each such project was approved; (3) the year or years during which any revisions to the water manual of any such project occurred or are requested to occur; (4) a list of each such project for which operational deviations for drought contingency have been requested, and the status of such request; (5) a list of each such project for which permanent or seasonal changes to storage allocations have been requested, and the status of such request; and (6) a description of the means by which water conservation and water quality improvements were addressed in any response to a request under paragraph (4) or (5). (b) Incorporation of Prior Studies.--The Secretary shall incorporate into the report under subsection (a) any information or finding that is-- (1) included in or gathered for a report required by section 1046(a)(2) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2319 note); and (2) relevant to the subject matter of the report under subsection (a) of this section. (c) Eligible Projects.--Not later than 60 days after the date on which the report under subsection (a) is submitted, the Secretary shall identify each flood control project-- (1) that is included in the report under subsection (a); (2) that includes a reservoir; and (3) for which a non-Federal interest has submitted to the Secretary a written request, pursuant to subsection (d), to revise the water manual for the project. (d) Written Request.--Not later than 60 days after the date of enactment of this Act, the Secretary shall publish in the Federal Register the manner in which a non-Federal interest for a flood control project may submit to the Secretary a written request under subsection (c)(3) to revise the water manual for the project. SEC. 4. EFFECTS. (a) Authorized Purposes of Projects.-- (1) No effect on existing purposes.--In accordance with all applicable laws, a revision of a water manual under section 2(a) may not reduce the water supply for any authorized purpose, other than flood control, of a flood control project. (2) New purposes not authorized.--Nothing in this Act authorizes the Secretary to carry out, with respect to any flood control project, any activity for a purpose not authorized on the day before the date of enactment of this Act. (b) State Law.--Nothing in this Act-- (1) affects or modifies any obligation of the Secretary under State law; or (2) authorizes the diversion or use of water in a manner that is inconsistent with State water rights law. (c) Federal Law.--Nothing in this Act preempts or waives any provision of Federal law concerning the procedures that apply to a revision of a water manual. SEC. 5. DEFINITIONS. In this Act: (1) Drought state.--The term ``drought State'' means a State-- (A) for which the Governor has declared a drought; or (B) that contains at least one county for which the Secretary of Agriculture has designated a drought disaster. (2) Flood control project.--The term ``flood control project'' means a project operated, wholly or in part, for flood control, in accordance with rules prescribed by the Secretary pursuant to section 7 of the Act of December 22, 1944 (commonly known as the ``Flood Control Act of 1944'') (33 U.S.C. 709). (3) Secretary.--The term ``Secretary'' means the Secretary of the Army, acting through the Chief of Engineers. (4) Water manual.--The term ``water manual'' means, with respect to a flood control project, the water operations manual, the flood control rule curves, and the water control manual, as applicable.	Reservoir Operations Improvement Act This bill directs the U.S. Army Corps of Engineers to submit a report with respect to each drought state (a state for which the governor has declared a drought or that contains at least one county for which the Department of Agriculture has designated a drought disaster) during water year 2015 or 2016 that includes: a list of flood control projects in such state; the year during which the original water manual (water operations manuals, flood control rule curves, and water control manuals) for each project was approved; the years during which any revisions to a project's water manual occurred or are requested to occur; a list of projects for which operational deviations for drought contingency, and changes to storage allocations, have been requested and the status of such requests; and a description of the means by which water conservation and water quality improvements were addressed in any response to such requests. The Corps of Engineers shall: (1) identify each project included in the report that includes a reservoir and for which a non-federal interest has submitted a written request to revise the project's water manual; (2) revise the water manuals of not more than 15 of such projects; and (3) in collaboration with the National Oceanic and Atmospheric Administration, create a forecast-informed reservoir operations plan for each selected project. The water manual revision shall incorporate such plan, new watershed data, and the effects of any structural improvement completed after the date of the most recent prior revision of the water manual. A revision of a water manual may not reduce the water supply for any authorized purpose, other than flood control, of a flood control project.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Invest in Small Business Act of 2008''. SEC. 2. INCREASED EXCLUSION AND OTHER MODIFICATIONS APPLICABLE TO QUALIFIED SMALL BUSINESS STOCK. (a) Increased Exclusion.-- (1) In general.--Subsection (a) of section 1202 of the Internal Revenue Code of 1986 (relating to exclusion) is amended to read as follows: ``(a) Exclusion.--Gross income shall not include any gain from the sale or exchange of qualified small business stock held for more than 3 years.''. (2) Rule relating to stock held among members of controlled group.--Subsection (c) of section 1202 of such Code is amended by adding at the end the following new paragraph: ``(4) Stock held among members of 25-percent controlled group not eligible.-- ``(A) In general.--Stock of a member of a 25- percent controlled group shall not be treated as qualified small business stock while held by another member of such group. ``(B) 25-percent controlled group.--For purposes of subparagraph (A), the term `25-percent controlled group' means any controlled group of corporations as defined in section 1563(a)(1), except that-- ``(i) `more than 25 percent' shall be substituted for `at least 80 percent' each place it appears in section 1563(a)(1), and ``(ii) section 1563(a)(4) shall not apply.''. (3) Conforming amendments.-- (A) Subsections (b)(2), (g)(2)(A), and (j)(1)(A) of section 1202 of such Code are each amended by striking ``5 years'' and inserting ``3 years''. (B) Section 1223(13) of such Code is amended by striking ``1202(a)(2)''. (C) The heading for section 1202 of such Code is amended by striking ``partial''. (D) The item relating to section 1202 in the table of sections for part I of subchapter P of chapter 1 of such Code is amended to read as follows: ``Sec. 1202. Exclusion for gain from certain small business stock.''. (b) Repeal of Minimum Tax Preference.-- (1) In general.--Subsection (a) of section 57 of the Internal Revenue Code of 1986 (relating to items of tax preference) is amended by striking paragraph (7). (2) Technical amendment.--Subclause (II) of section 53(d)(1)(B)(ii) of such Code is amended by striking ``, (5), and (7)'' and inserting ``and (5)''. (c) Repeal of 28 Percent Capital Gains Rate on Qualified Small Business Stock.-- (1) In general.--Subparagraph (A) of section 1(h)(4) of the Internal Revenue Code of 1986 is amended to read as follows: ``(A) collectibles gain, over''. (2) Conforming amendments.-- (A) Section 1(h) of such Code is amended by striking paragraph (7). (B)(i) Section 1(h) of such Code is amended by redesignating paragraphs (8), (9), (10), (11), (12), and (13) as paragraphs (7), (8), (9), (10), (11), and (12), respectively. (ii) Sections 163(d)(4)(B), 854(b)(5), 857(c)(2)(D) of such Code are each amended by striking ``section 1(h)(11)(B)'' and inserting ``section 1(h)(10)(B)''. (iii) The following sections of such Code are each amended by striking ``section 1(h)(11)'' and inserting ``section 1(h)(10)'': (I) Section 301(f)(4). (II) Section 306(a)(1)(D). (III) Section 584(c). (IV) Section702(a)(5). (V) Section 854(a). (VI) Section 854(b)(2). (iv) The heading of section 857(c)(2) is amended by striking ``1(h)(11)'' and inserting ``1(h)(10)''. (d) Increase Aggregate Asset Limitation for Qualified Small Businesses.-- (1) In general.--Paragraph (1) of section 1202(d) of the Internal Revenue Code of 1986 (relating to qualified small business) is amended by striking ``$50,000,000'' each place it appears and inserting ``$100,000,000''. (2) Inflation adjustment.--Section 1202(d) of such Code is amended by adding at the end the following new paragraph: ``(4) Inflation adjustment.-- ``(A) In general.--In the case of any taxable year beginning in a calendar year after 2009, each of the $100,000,000 dollar amounts in paragraph (1) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2008' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.--If any amount as adjusted under subparagraph (A) is not a multiple of $1,000, such amount shall be rounded to the next lowest multiple of $100.''. (e) Effective Date.-- (1) In general.--The amendments made by this section apply to stock issued after December 31, 2008. (2) Special rule for stock issued before january 1, 2009.-- The amendments made by subsections (a), (b), and (c) shall apply to sales or exchanges-- (A) made after December 31, 2008, (B) of stock issued on or before such date, and (C) by a taxpayer other than a corporation.	Invest in Small Business Act of 2008 - Amends the Internal Revenue Code to: (1) increase the exclusion from gross income of the gain from the sale or exchange of qualified small business stock from 50 to 100% of such gain and reduce the holding period for such stock from five to three years; (2) disqualify stock held by members of a 25% controlled group of corporations for such tax exclusion; (3) repeal gain from the sale or exchange of qualified small business stock as an item of tax preference for purposes of the alternative minimum tax; (4) repeal the maximum 28% tax rate on gain from the sale or exchange of qualified small business stock; and (5) increase to $100 million (adjusted for inflation after 2009) the aggregate asset limitation for determining eligibility of the stock of corporations for qualified small business stock tax treatment.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Universal Home Design Act of 2014''. SEC. 2. DEFINITIONS. In this Act: (1) Accessible.--The term ``accessible'' (except when used in the context of accessible format) means-- (A) consistent with-- (i) subpart D of part 36 of title 28, Code of Federal Regulations (or any corresponding similar regulation or ruling); and (ii) appendices B and D to part 1191 of title 36, Code of Federal Regulations (or any corresponding similar regulation or ruling); and (B) independently usable by individuals with disabilities, including those who use a mobility device such as a wheelchair. (2) Access board.--The term ``Access Board'' means the Architectural and Transportation Barriers Compliance Board established under section 502 of the Rehabilitation Act of 1973 (29 U.S.C. 792). (3) Covered dwelling unit.--The term ``covered dwelling unit'' means a dwelling unit that-- (A) is a detached single family house, a townhouse or multi-level dwelling unit (whether detached or attached to other units or structures), or a ground- floor unit in a building of not more than 3 dwelling units; (B) is designed as, or intended for occupancy as, a residence; (C)(i) was designed, constructed, or commissioned, contracted, or otherwise arranged for construction, by a person or entity who, at any time before the design or construction, received or was guaranteed Federal financial assistance for any program or activity; (ii) is purchased by a person or entity using amounts that are provided or guaranteed under a program that provides Federal financial assistance for homeownership; or (iii) is offered for purchase by a person or entity using amounts that are provided or guaranteed under a program that provides Federal financial assistance for homeownership; and (D) is made available for first occupancy after the expiration of the 30-month period beginning on the date of the enactment of this Act. (4) Department.--The term ``Department'' means the Department of Housing and Urban Development. (5) Federal financial assistance.--The term ``Federal financial assistance'' means-- (A) any assistance that is provided or otherwise made available by the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, any Federal Home Loan Bank, the Secretary of Housing and Urban Development, the Secretary of Veterans Affairs, or any program or activity of the Department of Housing and Urban Development or the Department of Veterans Affairs, through any grant, loan, insurance, guarantee, contract, or any other arrangement, after the expiration of the 1-year period beginning on the date of the enactment of this Act, including-- (i) a grant, subsidy, or any other funds; (ii) real or personal property or any interest in or use of such property, including-- (I) transfers or leases of the property for less than the fair market value or for reduced consideration; and (II) proceeds from a subsequent transfer or lease of the property if the Federal share of the fair market value is not returned to the Federal Government; (iii) any tax credit, mortgage or loan guarantee, or insurance; and (iv) community development funds in the form of obligations guaranteed under section 108 of the Housing and Community Development Act of 1974 (42 U.S.C. 5308); and (B) any assistance that is provided or otherwise made available by the Secretary of Agriculture under title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.). (6) Individual with a disability.--The term ``individual with a disability'' means an individual with a disability, as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102). (7) Individuals with disabilities.--The term ``individuals with disabilities'' means more than 1 individual with a disability. (8) Person or entity.--The term ``person or entity'' includes 1 or more individuals, corporations (including not- for-profit corporations), partnerships, associations, labor organizations, legal representatives, mutual corporations, joint-stock companies, trusts, unincorporated associations, trustees, trustees in cases under title 11 of the United States Code, receivers, and fiduciaries. (9) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (10) Universal home design.--The term ``universal home design'' means the inclusion of architectural and other landscaping features that allow basic access to and within a residential dwelling by an individual with a disability who cannot climb stairs, including an individual who uses a mobility device such as a wheelchair. SEC. 3. ESTABLISHMENT OF UNIVERSAL HOME DESIGN GUIDELINES. (a) In General.--Not later than 18 months after the date of enactment of this Act, the Access Board, in consultation with the Secretary, shall develop and issue guidelines setting forth the minimum technical criteria and scoping requirements for a covered dwelling unit to be in compliance with universal home design under this Act. (b) Universal Home Design Features Covered.--The guidelines required to be developed and issued under subsection (a) shall include, at a minimum, basic access to a covered dwelling unit and to not less than 1 level within such covered dwelling unit, including-- (1) an accessible entrance located on an accessible path from the public street or driveway; (2) accessible interior doors with sufficient clear width and accessible thresholds; (3) accessible environmental controls on the wall; (4) at least 1 accessible indoor room that has an area of not less than 70 square feet and contains no side or dimension narrower than 7 feet; (5) an accessible bathroom with-- (A) an accessible sink and toilet; and (B) reinforced walls that permit the installation of grab bars; and (6) a kitchen space-- (A) with accessible food preparation, washing, and storage areas; and (B) that can easily be further adapted to accommodate an individual with a disability. (c) Regulations.--Not later than 6 months after the date on which the guidelines are issued under subsection (a), the Secretary shall issue regulations, in an accessible format-- (1) to carry out the provisions of this Act; and (2) that include accessibility standards that are consistent with the guidelines issued under subsection (a). (d) Review and Amendment.-- (1) Access board.--The Access Board, in consultation with the Secretary, shall-- (A) periodically review and, as appropriate, amend the guidelines issued under subsection (a); and (B) issue such amended guidelines as revised guidelines. (2) Secretary.--Not later than 6 months after the date on which revised guidelines are issued under paragraph (1)(B), the Secretary shall issue revised regulations that are consistent with such revised guidelines. SEC. 4. USE OF UNIVERSAL HOME DESIGN GUIDELINES IN NEW CONSTRUCTION. It shall be unlawful for any person described in clauses (i), (ii), and (iii) of section 2(3)(C), with respect to a covered dwelling unit, to fail to ensure that the covered dwelling unit complies with the universal home design guidelines established under section 3. SEC. 5. ENFORCEMENT. (a) Requirement for Federal Financial Assistance.--Each applicant for Federal financial assistance that is to be used for a covered dwelling unit shall submit to the agency providing such Federal financial assistance an assurance, at such time and in such manner as the head of the agency may require, verifying that the applicant is in compliance with the universal home design guidelines established under section 3 with respect to the covered dwelling unit. (b) Civil Action for Private Persons.--Any person aggrieved by an act or omission that is unlawful under section 3 or 4 may commence a civil action in an appropriate United States district court against any person or entity responsible for any part of the design, construction, or sale of a covered dwelling unit. (c) Enforcement by Attorney General.--Whenever the Attorney General has reasonable cause to believe that any person or group of persons has violated section 3 or 4, the Attorney General may commence a civil action in any appropriate United States district court. The Attorney General may also, upon timely application, intervene in any civil action brought under subsection (b) by a private person if the Attorney General certifies that the case is of general public importance. (d) Relief.--In any civil action brought under subsection (b) or (c), if the court finds that a violation of section 3 or 4 of this Act has occurred or is about to occur, it may award to the plaintiff actual and punitive damages, and may grant as relief, as the court finds appropriate, any permanent or temporary injunction, temporary restraining order, or other order (including an order enjoining the defendant from violating section 3 or 4 of this Act or ordering such affirmative action as may be appropriate). (e) Attorney's Fees.--In any civil action brought under subsection (b) or (c), the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee and costs. (f) Violations.--For purposes of this section, a violation involving a covered dwelling unit that is not designed or constructed in conformity with the universal home design guidelines established under section 3 shall not be considered to terminate until the violation is corrected. SEC. 6. OFFICE OF ACCESSIBLE HOUSING AND DEVELOPMENT. (a) Establishment.--Not later than 60 days after the date of enactment of this Act, the Secretary shall establish in the Department an Office of Accessible Housing and Development. (b) Director.--The Office of Accessible Housing and Development shall be headed by a Director of Accessible Housing and Development, who shall be-- (1) appointed by the Secretary; (2) an individual with substantial knowledge of individuals with disabilities and universal design; and (3) responsible for implementing the responsibilities described in subsection (c). (c) Responsibilities.-- (1) Information dissemination.--The Office of Accessible Housing and Development shall disseminate information to inform the public about the importance of universal home design by-- (A) sharing information and resources about the requirements under this Act, the Fair Housing Act (42 U.S.C. 3601 et seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and the Americans with Disabilities Act (42 U.S.C. 12101 et seq.); and (B) creating a website in accordance with section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) to facilitate the dissemination of information and resources under subparagraph (A). (2) Surveying the availability of affordable and accessible housing.--Not later than 180 days after the date of enactment of this Act, the Office of Accessible Housing and Development shall conduct a study and submit to the Secretary a report on the number of covered dwelling units and other housing units that are accessible to individuals with disabilities in each State, disaggregated by type of housing, cost, and location. (3) Promoting universal home design.--The Office of Accessible Housing and Development shall-- (A) help monitor progress and compliance with the universal home design guidelines established under section 3; (B) submit to the Secretary an annual report detailing compliance with the universal home design guidelines established under section 3, including the number of covered dwelling units that were built in each State that were in compliance with such guidelines; (C) coordinate with, and provide technical assistance to, the Department of Justice to assist in the enforcement of this Act; and (D) perform any other duties as the Secretary may determine appropriate. SEC. 7. SEVERABILITY. If any provision of this Act of the application thereof to any person or circumstances is held invalid, the remainder of the Act and the application of the provision to other persons not similarly situated shall not be affected thereby.	Universal Home Design Act of 2014 - Requires the Architectural and Transportation Barriers Compliance Board (Access Board) to develop guidelines setting forth the minimum technical criteria and scoping requirements for certain federally assisted single family houses, townhouses, and other specified kinds of dwelling to comply with universal home design. Requires universal home design to include architectural and other landscaping features that allow basic access to and within a residential dwelling by an individual with a disability who cannot climb stairs, including an individual who uses a mobility device such as a wheelchair. Requires each applicant for such federal financial assistance to submit compliance assurances to the relevant federal agency. Permits: (1) private civil actions in a U.S. district court for violations of this Act, and (2) the Attorney General to commence civil actions or intervene in civil actions under it. Directs the Secretary of Housing and Urban Development (HUD) to establish an Office of Accessible Housing and Development to: (1) disseminate information to the public about the importance of universal home design, including through a website; (2) survey and report to the Secretary on the availability of affordable and accessible housing; and (3) promote universal home design.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Water Rights Protection Act of 2017''. SEC. 2. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means, as applicable-- (A) the Secretary of Agriculture; or (B) the Secretary of the Interior. (2) Water right.--The term ``water right'' means any surface water, groundwater, or water storage right filed, permitted, certificated, confirmed, decreed, adjudicated, or otherwise recognized by a judicial proceeding or by the State, in which the user acquires the right to put the water to beneficial use, including water rights for federally recognized Indian tribes. SEC. 3. TREATMENT OF WATER RIGHTS. The Secretary shall not-- (1) condition the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement on the transfer of any water right (including joint and sole ownership) directly to the United States, or on any impairment of title, in whole or in part, granted or otherwise recognized under State law, by Federal or State adjudication, decree, or other judgment, or pursuant to any interstate water compact; (2) require any water user (including any federally recognized Indian tribe) to apply for or acquire a water right in the name of the United States under State law as a condition of the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right- of-way, or other land use or occupancy agreement; or (3) condition or withhold the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement, in whole or in part, on-- (A) limiting the date, time, quantity, location of diversion or pumping, or place of use of a State water right beyond any applicable limitations under State water law; or (B) the modification of the terms and conditions of groundwater withdrawal, guidance and reporting procedures, or conservation and source protection measures established by a State. SEC. 4. POLICY DEVELOPMENT. In developing any rule, policy, directive, management plan, or similar Federal action relating to the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement, the Secretary-- (1) shall-- (A) recognize the longstanding authority of the States relating to evaluating, protecting, allocating, regulating, permitting, and adjudicating water use; and (B) coordinate with the States to ensure that any rule, policy, directive, management plan, or similar Federal action is consistent with, and imposes no greater restriction or regulatory requirement, than applicable State water law; and (2) shall not-- (A) adversely affect-- (i) the authority of a State in-- (I) permitting the beneficial use of water; or (II) adjudicating water rights; (ii) any definition established by a State with respect to the term ``beneficial use'', ``priority of water rights'', or ``terms of use''; or (iii) any other right or obligation of a State established under State law; or (B) assert any connection between surface and groundwater that is inconsistent with such a connection recognized by State water laws. SEC. 5. EFFECT. (a) Existing Authority.--Except as provided in section 3, nothing in this Act limits or expands any existing legally recognized authority of the Secretary to issue, grant, or condition any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement on Federal land that is subject to the jurisdiction of the Secretary. (b) Reclamation Contracts.--Nothing in this Act in any way interferes with any existing or future Bureau of Reclamation contract entered into pursuant to Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act). (c) Endangered Species Act.--Nothing in this Act affects the implementation of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (d) Federal Reserved Water Rights.--Nothing in this Act limits or expands any existing reserved water rights of the Federal Government on land administered by the Secretary. (e) Federal Power Act.--Nothing in this Act limits or expands authorities pursuant to sections 4(e), 10(j), or 18 of the Federal Power Act (16 U.S.C. 797(e), 803(j), 811). (f) Indian Water Rights.--Nothing in this Act limits or expands any existing reserved water right or treaty right of any federally recognized Indian tribe. (g) Federally Held State Water Rights.--Nothing in this Act limits the ability of the Secretary, through applicable State procedures, to acquire, use, enforce, or protect a State water right owned by the United States.	Water Rights Protection Act of 2017 This bill prohibits the Departments of the Interior and Agriculture from: conditioning the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement (permit) on the transfer of any water right to the United States or on any impairment of title granted or otherwise recognized under state law by federal or state action; requiring any water user (including a federally recognized Indian tribe) to apply for or acquire a water right in the name of the United States under state law as a condition of the issuance, renewal, amendment, or extension of such a permit; or conditioning or withholding the issuance, renewal, amendment, or extension of such a permit on limiting the date, time, quantity, location of diversion or pumping, or place of use of a state water right beyond any limitations under state water law, or on the modification of the terms and conditions of groundwater withdrawal, guidance and reporting procedures, or conservation and source protection measures established by a state. In developing any rule or similar federal action relating to the issuance, renewal, amendment, or extension of any permit, such departments: (1) shall recognize the longstanding water use authority of the states and coordinate with the states to ensure that any federal action is consistent with applicable state water law, and (2) shall not adversely affect the authority of a state in permitting the beneficial use of water or adjudicating water rights.
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Medicare+Choice Program Improvement Act of 2000''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Increase in national per capita Medicare+Choice growth percentage in 2001 and 2002. Sec. 3. Increasing minimum payment amount. Sec. 4. Allowing movement to 50:50 percent blend in 2002. Sec. 5. Increased update for payment areas with only one or no Medicare+Choice contracts. Sec. 6. Permitting higher negotiated rates in certain Medicare+Choice payment areas below national average. Sec. 7. 10-year phase-in of risk adjustment based on data from all settings. Sec. 8. Delay from July to November 2000 in deadline for offering and withdrawing Medicare+Choice plans for 2001. SEC. 2. INCREASE IN NATIONAL PER CAPITA MEDICARE+CHOICE GROWTH PERCENTAGE IN 2001 AND 2002. Section 1853(c)(6)(B) of the Social Security Act (42 U.S.C. 1395w- 23(c)(6)(B)) is amended-- (1) in clause (iii), by adding ``and'' at the end; (2) by striking clauses (iv) and (v); (3) by redesignating clause (vi) as clause (iv); and (4) in clause (iv), as so redesignated, by striking ``after 2002'' and inserting ``after 2000''. SEC. 3. INCREASING MINIMUM PAYMENT AMOUNT. (a) In General.--Section 1853(c)(1)(B)(ii) of the Social Security Act (42 U.S.C. 1395w-23(c)(1)(B)(ii)) is amended-- (1) by striking ``(ii) For a succeeding year'' and inserting ``(ii)(I) Subject to subclause (II), for a succeeding year''; and (2) by adding at the end the following new subclause: ``(II) For 2002 for any of the 50 States and the District of Columbia, $500.''. (b) Effective Date.--The amendments made by subsection (a) apply to years beginning with 2002. SEC. 4. ALLOWING MOVEMENT TO 50:50 PERCENT BLEND IN 2002. Section 1853(c)(2) of the Social Security Act (42 U.S.C. 1395w- 23(c)(2)) is amended-- (1) by striking the period at the end of subparagraph (F) and inserting a semicolon; and (2) by adding at the end the following flush matter: ``except that a Medicare+Choice organization may elect to apply subparagraph (F) (rather than subparagraph (E)) for 2002.''. SEC. 5. INCREASED UPDATE FOR PAYMENT AREAS WITH ONLY ONE OR NO MEDICARE+CHOICE CONTRACTS. (a) In General.--Section 1853(c)(1)(C)(ii) of the Social Security Act (42 U.S.C. 1395w-23(c)(1)(C)(ii)) is amended-- (1) by striking ``(ii) For a subsequent year'' and inserting ``(ii)(I) Subject to subclause (II), for a subsequent year''; and (2) by adding at the end the following new subclause: ``(II) During 2002, 2003, 2004, and 2005, in the case of a Medicare+Choice payment area in which there is no more than one contract entered into under this part as of July 1 before the beginning of the year, 102.5 percent of the annual Medicare+Choice capitation rate under this paragraph for the area for the previous year.''. (b) Construction.--The amendments made by subsection (a) do not affect the payment of a first time bonus under section 1853(i) of the Social Security Act (42 U.S.C. 1395w-23(i)). SEC. 6. PERMITTING HIGHER NEGOTIATED RATES IN CERTAIN MEDICARE+CHOICE PAYMENT AREAS BELOW NATIONAL AVERAGE. Section 1853(c)(1) of the Social Security Act (42 U.S.C. 1395w- 23(c)(1)) is amended-- (1) in the matter preceding subparagraph (A), by striking ``or (C)'' and inserting ``(C), or (D)''; and (2) by adding at the end the following new subparagraph: ``(D) Permitting higher rates through negotiation.-- ``(i) In general.--For each year beginning with 2001, in the case of a Medicare+Choice payment area for which the Medicare+Choice capitation rate under this paragraph would otherwise be less than the United States per capita cost (USPCC), as calculated by the Secretary, a Medicare+Choice organization may negotiate with the Secretary an annual per capita rate that-- ``(I) reflects an annual rate of increase up to the rate of increase specified in clause (ii); ``(II) takes into account audited current data supplied by the organization on its adjusted community rate (as defined in section 1854(f)(3)); and ``(III) does not exceed the United States per capita cost, as projected by the Secretary for the year involved. ``(ii) Maximum rate described.--The rate of increase specified in this clause for a year is the rate of inflation in private health insurance for the year involved, as projected by the Secretary, and includes such adjustments as may be necessary-- ``(I) to reflect the demographic characteristics in the population under this title; and ``(II) to eliminate the costs of prescription drugs. ``(iii) Adjustments for over or under projections.--If this subparagraph is applied to an organization and payment area for a year, in applying this subparagraph for a subsequent year the provisions of paragraph (6)(C) shall apply in the same manner as such provisions apply under this paragraph. ``(iv) Deadline for completion of negotiations.--The Secretary shall complete negotiations with a Medicare+Choice organization under clause (i) for a year by not later than 90 days after the date the organization entered into negotiations with the Secretary.''. SEC. 7. 10-YEAR PHASE-IN OF RISK ADJUSTMENT BASED ON DATA FROM ALL SETTINGS. Section 1853(a)(3)(C)(ii) of the Social Security Act (42 U.S.C. 1395w-23(c)(1)(C)(ii)) is amended-- (1) by striking the period at the end of subclause (II) and inserting a semicolon; and (2) by adding at the end the following flush matter: ``and, beginning in 2004, insofar as such risk adjustment is based on data from all settings, the methodology shall be phased-in in equal increments over a 10-year period, beginning with 2004 or (if later) the first year in which such data is used.''. SEC. 8. DELAY FROM JULY TO NOVEMBER 2000 IN DEADLINE FOR OFFERING AND WITHDRAWING MEDICARE+CHOICE PLANS FOR 2001. Notwithstanding any other provision of law, the deadline for a Medicare+Choice organization to withdraw the offering of a Medicare+Choice plan under part C of title XVIII of the Social Security Act (or otherwise to submit information required for the offering of such a plan) for 2001 is delayed from July 1, 2000, to November 1, 2000, and any such organization that provided notice of withdrawal of such a plan during 2000 before the date of enactment of this Act may rescind such withdrawal at any time before November 1, 2000.	Delays from July to November 2000 the deadline for withdrawing the offer, or rescinding the withdrawal, of Medicare+Choice plans for 2001.
SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Estate Tax Reform Act of 2001''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. INCREASE IN AMOUNT OF UNIFIED CREDIT AGAINST ESTATE AND GIFT TAXES. (a) In General.--Subsection (c) of section 2010 (relating to unified credit against estate tax) is amended to read as follows: ``(c) Applicable Credit Amount.--For purposes of this section-- ``(1) In general.--The applicable credit amount is the amount of the tentative tax which would be determined under the rate schedule set forth in section 2001(c) if the amount with respect to which such tentative tax is to be computed were the applicable exclusion amount. ``(2) Applicable exclusion amount.--The applicable exclusion amount is equal to the sum of-- ``(A) the decedent's exclusion amount, plus ``(B) in the case of a decedent described in paragraph (4), the unused spousal exclusion amount. ``(3) Decedent's exclusion amount.--For purposes of paragraph (2)(A), the decedent's exclusion amount is determined in accordance with the following table: ``In the case of estates of decedents The decedent's dying, and gifts made, during: exclusion amount is: 2002............................... $1,000,000 2003............................... $1,125,000 2004............................... $1,250,000 2005............................... $1,500,000 2006 or thereafter................. $2,000,000. ``(4) Unused spousal exclusion amount.--With respect to a decedent whose immediately predeceased spouse died after December 31, 2001, the unused spousal exclusion amount for such decedent is equal to the excess of-- ``(A) the applicable exclusion amount allowable under this subsection to the estate of such immediately predeceased spouse, over ``(B) the applicable exclusion amount allowed under this section to the estate of such immediately predeceased spouse.'' (b) Effective Date.--The amendment made by this section shall apply to the estates of decedents dying, and gifts made, after December 31, 2001. SEC. 3. INCREASE IN QUALIFIED FAMILY-OWNED BUSINESS INTEREST DEDUCTION AMOUNT. (a) In General.--Paragraph (2) of section 2057(a) (relating to family-owned business interests) is amended to read as follows: ``(2) Maximum deduction.-- ``(A) In general.--The deduction allowed by this section shall not exceed the sum of-- ``(i) the decedent's deduction amount, plus ``(ii) in the case of a decedent described in subparagraph (C), the unused spousal deduction amount. ``(B) Decedent's deduction amount.--For purposes of this subparagraph (A)(i), the decedent's deduction amount is determined in accordance with the following table: ``In the case of estates of decedents The decedent's dying during: deduction amount is: 2002............................... $875,000 2003............................... $1,375,000 2004............................... $1,875,000 2005............................... $2,375,000 2006 or thereafter................. $3,375,000. ``(C) Unused spousal deduction amount.--With respect to a decedent whose immediately predeceased spouse died after December 31, 2001, and the estate of such immediately predeceased spouse met the requirements of subsection (b)(1), the unused spousal deduction amount for such decedent is equal to the excess of-- ``(i) the decedent's deduction amount allowable under this section to the estate of such immediately predeceased spouse, over ``(ii) the decedent's deduction amount allowed under this section to the estate of such immediately predeceased spouse.'' (b) Conforming Amendments.--Section 2057(a)(3)(B) is amended-- (1) by striking ``$675,000'' both places it appears and inserting ``the decedent's deduction amount'', and (2) by striking ``$675,000'' in the heading and inserting ``decedent's deduction amount''. (c) Effective Date.--The amendment made by this section shall apply to the estates of decedents dying, and gifts made, after December 31, 2001.	Estate Tax Reform Act of 2001 - Amends the Internal Revenue Code to: (1) provide for incremental increases in the unified credit against the estate and gift taxes (currently, $700,000 for 2002) going from $ 1million for 2002 to $ 2 million by 2006; and (2) increase incrementally the current maximum family-owned business deduction amount ($675,000) to new maximum amounts that will be equal to the sum of the decedent's deduction amount ($3.375 million by 2006) and the unused spousal deduction amount (defined).
SECTION 1. SHORT TITLE. This Act may be cited as the ``Bureau of Reclamation Water Conservation, Efficiency, and Management Improvement Act''. SEC. 2. DEFINITIONS. In this Act: (1) Non-federal entity.--The term ``non-Federal entity'' means a State, Indian tribe, irrigation district, water district, or any other organization with water delivery authority. (2) Reclamation state.--The term ``Reclamation State'' means each of the States of Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, and Wyoming. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Commissioner of Reclamation. SEC. 3. AUTHORIZATION OF GRANTS AND COOPERATIVE AGREEMENTS. (a) In General.--The Secretary may, in accordance with the criteria published under subsection (b), provide grants to, and enter into cooperative agreements with non-Federal entities to pay the Federal share of the cost of a project to plan, design, construct, or otherwise implement improvements to conserve water, increase water use efficiency, facilitate water markets, enhance water management, or implement other actions to prevent water-related crises or conflicts in watersheds that have a nexus to Federal water projects within the Reclamation States. (b) Eligibility Criteria.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary shall, consistent with this Act, publish in the Federal Register criteria developed by the Secretary for-- (A) determining the eligibility of a non-Federal entity for assistance under subsection (a); and (B) prioritizing requests for assistance under subsection (a). (2) Factors.--The criteria developed under paragraph (1) shall take into account such factors as-- (A) the extent to which a project under subsection (a) would reduce conflict over water; (B) the extent to which a project under subsection (a) would-- (i) increase water use efficiency; or (ii) enhance water management; (C) the extent to which unallocated water is available in the area in which a project under subsection (a) is proposed to be conducted; (D) the extent to which a project under subsection (a) involves water marketing; (E) the likelihood that the benefit of a project under subsection (a) would be attained; (F) whether the non-Federal entity has demonstrated the ability of the non-Federal entity to pay the non- Federal share; (G) the extent to which the assistance provided under subsection (a) is reasonable for the work proposed under the project; (H) the involvement of the non-Federal entity and stakeholders in a project under subsection (a); (I) whether a project under subsection (a) is related to a Bureau of Reclamation project or facility; and (J) the extent to which a project under subsection (a) would conserve water. (c) Federal Facilities.--If a grant or cooperative agreement under subsection (a) provides for improvements to a Federal facility-- (1) the Federal funds provided under the grant or cooperative agreement may be-- (A) provided on a nonreimbursable basis to an entity operating affected transferred works; or (B) determined to be nonreimbursable for non- transferred works; and (2) title to the improvements to the Federal facility shall be held by the United States. (d) Cost-Sharing Requirement.-- (1) Federal share.--The Federal share of the cost of carrying out a project assisted under subsection (a) shall be not more than 50 percent. (2) Non-federal share.--In calculating the non-Federal share of the cost of carrying out a project under subsection (a), the Secretary-- (A) may include any in-kind contributions that the Secretary determines would materially contribute to the completion of proposed project; and (B) shall exclude any funds received from other Federal agencies. (e) Operation and Maintenance Costs.--The non-Federal share of the cost of operating and maintaining improvements assisted under subsection (a) shall be 100 percent. (f) Mutual Benefit.--Grants or cooperative agreements made under this section or section 4 may be for the mutual benefit of the United States and the entity that is provided the grant or enters into the cooperative agreement. (g) Liability.-- (1) In general.--Except as provided in paragraph (2), the United States shall not be liable under Federal or State law for monetary damages of any kind arising out of any act, omission, or occurrence relating to any non-Federal facility constructed or improved under this title. (2) Exception.--Notwithstanding paragraph (1), the United States may be held liable for damages to non-Federal facilities caused by acts of negligence committed by the United States or by an employee or agent of the United States. (3) No additional liability.--Nothing in this section increases the liability of the United States beyond that provided in chapter 171 of title 28, United States Code (commonly known as the ``Federal Torts Claim Act''). SEC. 4. RESEARCH AGREEMENTS. The Secretary may enter into cooperative agreements with institutions of higher education, nonprofit research institutions, or organizations with water or power delivery authority to fund research to conserve water, increase water use efficiency, or enhance water management under such terms and conditions as the Secretary determines to be appropriate. SEC. 5. EFFECT. Nothing in this title affects any existing project-specific funding authority. SEC. 6. EFFECT ON STATE WATER LAW. Nothing in this Act invalidates, preempts, or creates any exception to State water law, State water rights, or any interstate compact governing water. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $25,000,000 for each of fiscal years 2007 through 2016.	Bureau of Reclamation Water Conservation, Efficiency, and Management Improvement Act - Authorizes the Secretary of the Interior, acting through the Commissioner of Reclamation, to provide grants to, and enter into cooperative agreements with, nonfederal entities with water delivery authority to pay the federal share of the cost of a project to conserve water, increase water use efficiency, facilitate water markets, enhance water management, or implement other actions to prevent water-related crises or conflicts in watersheds that have a nexus to federal water projects within reclamation states (Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, and Wyoming). Directs the Secretary to publish assistance eligibility and priority criteria. Limits the federal cost share of the project to 50%. Sets the nonfederal cost share for project operation and maintenance at 100%. Authorizes the Secretary to enter into cooperative agreements with institutions of higher education, nonprofit research institutions, or organizations with water or power delivery authority to fund research to conserve water, increase water use efficiency, or enhance water management.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Economic Stimulus Act of 2008''. SEC. 2. RETROACTIVE, 2-YEAR MORATORIUM ON INCLUSION OF UNEMPLOYMENT COMPENSATION IN GROSS INCOME. (a) In General.--Section 85 of the Internal Revenue Code of 1986 (relating to unemployment compensation) is amended by adding at the end the following new subsection: ``(c) Moratorium.--This section shall not apply to any taxable year beginning in 2007 or 2008.''. (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. SEC. 3. TEMPORARY INCREASE IN CHILD CREDIT. (a) In General.--Subsection (a) of section 24 of the Internal Revenue Code of 1986 (relating to allowance of credit) is amended by inserting ``($1,200 in the case of the first taxable year beginning in 2008)'' after ``$1,000''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2007. SEC. 4. 2008 STIMULUS CREDIT. (a) In General.--Section 6428 of the Internal Revenue Code of 1986 is amended to read as follows: ``SEC. 6428. 2008 STIMULUS CREDIT. ``(a) In General.--In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by chapter 1 for the taxpayer's first taxable year beginning in 2008 an amount equal to $400 ($800 in the case of a joint return). ``(b) Limitation Based on Adjusted Gross Income.-- ``(1) In general.--The amount of the credit allowable under subsection (a) shall be zero if the modified adjusted gross income of the taxpayer exceeds the threshold amount. For purposes of the preceding sentence, the term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(2) Threshold amount.--For purposes of paragraph (1), the term `threshold amount' means-- ``(A) $115,000 in the case of a joint return and head of household (as defined in section 2(b)), ``(B) $75,000 in the case of an individual who is not married, and ``(C) $57,500 in the case of a married individual filing a separate return. For purposes of this paragraph, marital status shall be determined under section 7703. ``(c) Credit Treated as Nonrefundable Personal Credit.--For purposes of this title, the credit allowed under this section shall be treated as a credit allowable under subpart A of part IV of subchapter A of chapter 1. ``(d) Eligible Individual.--For purposes of this section, the term `eligible individual' means any individual other than-- ``(1) any estate or trust, ``(2) any nonresident alien individual, and ``(3) any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which the individual's taxable year begins. ``(e) Coordination With Advance Refunds of Credit.-- ``(1) In general.--The amount of credit which would (but for this paragraph) be allowable under this section shall be reduced (but not below zero) by the aggregate refunds and credits made or allowed to the taxpayer under subsection (e). Any failure to so reduce the credit shall be treated as arising out of a mathematical or clerical error and assessed according to section 6213(b)(1). ``(2) Joint returns.--In the case of a refund or credit made or allowed under subsection (f) with respect to a joint return, half of such refund or credit shall be treated as having been made or allowed to each individual filing such return. ``(f) Advance Refunds of Credit Based on Prior Year Data.-- ``(1) In general.--Each individual who was an eligible individual for such individual's first taxable year beginning in 2006 shall be treated as having made a payment against the tax imposed by chapter 1 for such first taxable year in an amount equal to the advance refund amount for such taxable year. ``(2) Advance refund amount.--For purposes of paragraph (1), the advance refund amount is the amount that would have been allowed as a credit under this section for such first taxable year if-- ``(A) this section (other than subsections (c) and (e) and this subsection) had applied to such taxable year, and ``(B) the credit for such taxable year were not allowed to exceed the excess (if any) of-- ``(i) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(ii) the sum of the credits allowable under part IV of subchapter A of chapter 1 (other than the credits allowable under subpart C thereof, relating to refundable credits). ``(3) Timing of payments.--In the case of any overpayment attributable to this subsection, the Secretary shall, subject to the provisions of this title, refund or credit such overpayment as rapidly as possible and, to the extent practicable, before the date which is 120 days after the date of the enactment of this section. No refund or credit shall be made or allowed under this subsection after December 31, 2008. ``(4) No interest.--No interest shall be allowed on any overpayment attributable to this subsection.''. (b) Conforming Amendment.--Paragraph (1) of section 1(i) of such Code is amended by striking subparagraph (D). (c) Clerical Amendment.--The item relating to section 6428 in the table of sections for subchapter B of chapter 65 of such Code is amended to read as follows: ``Sec. 6428. 2008 stimulus credit.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 5. ALTERNATIVE EXTENDED-BENEFITS INDICATORS. (a) In General.--For purposes of determining whether there are State ``on'' or ``off'' indicators (within the meaning of section 203(d) of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note)) for any of the first 52 weeks beginning on or after the date of the enactment of this Act, such section 203(d) shall be applied by substituting ``4'' for ``5'' each place it appears. (b) Definitions.--For purposes of this section, the terms ``State'' and ``week'' have the respective meanings given such terms by section 205 of such Act. SEC. 6. REQUIRED DISTRIBUTION OF STATE-SPECIFIC INFORMATION PACKETS. (a) In General.--Subsection (a) of section 3304 of the Internal Revenue Code of 1986 (relating to approval of State laws) is amended by striking ``and'' at the end of paragraph (18), by striking the period at the end of paragraph (19) and inserting ``; and'', and by inserting after paragraph (19) the following new paragraph: ``(20) the State will distribute to unemployed individuals State-specific information packets explaining unemployment insurance eligibility conditions.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to certifications of States for 2008 and thereafter, except that section 3304(a)(20) of the Internal Revenue Code of 1986, as added by subsection (a), shall not be a requirement for the State law of any State prior to July 1, 2009, if the legislature of such State does not meet in a regular session which closes during the calendar year 2008.	Family Economic Stimulus Act of 2008 - Amends the Internal Revenue Code to: (1) exclude unemployment compensation from gross income in 2007 and 2008; (2) increase the child tax credit to $1,200 in 2008; (3) allow individual taxpayers a $400 tax rebate ($800 in the case of a joint return) in 2008; (4) extend unemployment insurance benefits; and (5) require states to distribute to unemployed individuals information about unemployment insurance eligibility conditions.
SECTION 1. RETIREMENT YEARS SAVINGS ACCOUNTS. (a) In General.--Subpart A of part I of subchapter D of chapter 1 of the Internal Revenue Code of 1986 (relating to pension, profit- sharing, stock bonus plans, etc.) is amended by inserting after section 408 the following new section: ``SEC. 408A. RETIREMENT YEARS SAVINGS ACCOUNTS. ``(a) General Rule.--Except as provided in this section, a Retirement Years Savings Account shall be treated for purposes of this title in the same manner as an individual retirement plan. ``(b) Retirement Years Savings Account.--For purposes of this title, the term `Retirement Years Savings Account' or `RYS Account' means an individual retirement plan which is designated at the time of the establishment of the plan as a Retirement Years Savings Account. Such designation shall be made in such manner as the Secretary may prescribe. ``(c) Contribution Rules.-- ``(1) Deduction allowed for years before individual attains age 40.--Section 219(g) shall not apply to any contribution to an RYS Account for any taxable year before the taxable year during which the individual attains age 40. ``(2) Denial of deduction for years after individual attains age 40.--No deduction shall be allowed under section 219 for a contribution to an RYS account for the taxable year in which the individual attains age 40 or any taxable year thereafter. ``(3) Increased spousal contribution.-- ``(A) In general.--In the case of an individual to whom this paragraph applies for the taxable year, in lieu of applying section 219(c), the limitation under section 219(b)(1)(B) shall be equal to the sum of-- ``(i) the compensation includible in such individual's gross income for the taxable year, plus ``(ii) the compensation includible in the gross income of such individual's spouse for the taxable year reduced by the amount of the limitation under section 219(b)(1) applicable to such spouse for such taxable year. ``(B) Individuals to whom paragraph applies.--This paragraph shall apply to any individual if-- ``(i) such individual files a joint return for the taxable year, and ``(ii) the amount of compensation (if any) includible in such individual's gross income for the taxable year is less than the compensation includible in the gross income of such individual's spouse for the taxable year. ``(4) Tax on excess contributions.--Section 4973 shall be applied separately with respect to individual retirement plans which are RYS Accounts and individual retirement plans which are not RYS Accounts; except that, for purposes of applying such section with respect to individual retirement plans which are RYS Accounts, the limitation under paragraph (3) shall be taken into account. ``(5) Limitations on rollover contributions.--No rollover contribution may be made to an RYS Account unless-- ``(A) such contribution is from another RYS Account, or ``(B) such contribution is from an individual retirement plan (other than an RYS Account) and is made before January 1, 1998. ``(d) Distribution Rules.--For purposes of this title-- ``(1) Exclusion from gross income; no penalty tax.--No portion of a qualified distribution from an RYS Account shall be includible in gross income. ``(2) Qualified distribution.--For purposes of this subsection, the term `qualified distribution' means any payment or distribution-- ``(A) made on or after the date on which the individual attains age 59\1/2\, ``(B) made to a beneficiary (or to the estate of the individual) on or after the death of the individual, or ``(C) attributable to the individual's being disabled (within the meaning of section 72(m)(7)). ``(e) Other Definitions.--For purposes of this section-- ``(1) Rollover contributions.--The term `rollover contributions' means contributions described in sections 402(c), 403(a)(4), 403(b)(8), or 408(d)(3). ``(2) Compensation.--The term `compensation' has the meaning given such term by section 219(f).'' (b) Clerical Amendment.--The table of sections for subpart A of part I of subchapter D of chapter 1 of such Code is amended by inserting after the item relating to section 408 the following new item: ``Sec. 408A. Retirement Years Savings Accounts.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1995.	Amends the Internal Revenue Code to allow a deduction for contributions made by an individual who is younger than the age of 40 to an individual retirement plan designated as a Retirement Years Savings Account (RYS). Prohibits any rollover contribution to an RYS account unless: (1) such contribution is from another RYS account; or (2) such contribution is from another individual retirement plan (other than an RYS account) and is made before January 1998.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Uniformed Services Differential Pay Protection Act''. SEC. 2. INCOME TAX WITHHOLDING ON DIFFERENTIAL WAGE PAYMENTS. (a) In General.--Section 3401 of the Internal Revenue Code of 1986 (relating to definitions) is amended by adding at the end the following new subsection: ``(i) Differential Wage Payments to Active Duty Members of the Uniformed Services.-- ``(1) In general.--For purposes of subsection (a), any differential wage payment shall be treated as a payment of wages by the employer to the employee. ``(2) Differential wage payment.--For purposes of paragraph (1), the term `differential wage payment' means any payment which-- ``(A) is made by an employer to an individual with respect to any period during which the individual is performing service in the uniformed services while on active duty for a period of more than 30 days, and ``(B) represents all or a portion of the wages the individual would have received from the employer if the individual were performing service for the employer.'' (b) Effective Date.--The amendment made by this section shall apply to remuneration paid after December 31, 2004. SEC. 3. TREATMENT OF DIFFERENTIAL WAGE PAYMENTS FOR RETIREMENT PLAN PURPOSES. (a) Pension Plans.-- (1) In general.--Section 414(u) of the Internal Revenue Code of 1986 (relating to special rules relating to veterans' reemployment rights under USERRA) is amended by adding at the end the following new paragraph: ``(11) Treatment of differential wage payments.-- ``(A) In general.--Except as provided in this paragraph, for purposes of applying this title to a retirement plan to which this subsection applies-- ``(i) an individual receiving a differential wage payment shall be treated as an employee of the employer making the payment, ``(ii) the differential wage payment shall be treated as compensation, and ``(iii) the plan shall not be treated as failing to meet the requirements of any provision described in paragraph (1)(C) by reason of any contribution which is based on the differential wage payment. ``(B) Special rule for distributions.-- ``(i) In general.--Notwithstanding subparagraph (A)(i), for purposes of section 401(k)(2)(B)(i)(I), 403(b)(7)(A)(ii), 403(b)(11)(A), or 457(d)(1)(A)(ii), an individual shall be treated as having been severed from employment during any period the individual is performing service in the uniformed services described in section 3401(i)(2)(A). ``(ii) Limitation.--If an individual elects to receive a distribution by reason of clause (i), the plan shall provide that the individual may not make an elective deferral or employee contribution during the 6-month period beginning on the date of the distribution. ``(C) Nondiscrimination requirement.--Subparagraph (A)(iii) shall apply only if all employees of an employer performing service in the uniformed services described in section 3401(i)(2)(A) are entitled to receive differential wage payments on reasonably equivalent terms and, if eligible to participate in a retirement plan maintained by the employer, to make contributions based on the payments. For purposes of applying this subparagraph, the provisions of paragraphs (3), (4), and (5), of section 410(b) shall apply. ``(D) Differential wage payment.--For purposes of this paragraph, the term `differential wage payment' has the meaning given such term by section 3401(i)(2).'' (2) Conforming amendment.--The heading for section 414(u) of such Code is amended by inserting ``and to Differential Wage Payments to Members on Active Duty'' after ``USERRA''. (b) Differential Wage Payments Treated as Compensation for Individual Retirement Plans.--Section 219(f)(1) of the Internal Revenue Code of 1986 (defining compensation) is amended by adding at the end the following new sentence: ``The term `compensation' includes any differential wage payment (as defined in section 3401(i)(2)).'' (c) Effective Date.--The amendments made by this section shall apply to plan years beginning after December 31, 2004. (d) Provisions Relating to Plan Amendments.-- (1) In general.--If this subsection applies to any plan or annuity contract amendment-- (A) such plan or contract shall be treated as being operated in accordance with the terms of the plan or contract during the period described in paragraph (2)(B)(i), and (B) except as provided by the Secretary of the Treasury, such plan shall not fail to meet the requirements of the Internal Revenue Code of 1986 or the Employee Retirement Income Security Act of 1974 by reason of such amendment. (2) Amendments to which section applies.-- (A) In general.--This subsection shall apply to any amendment to any plan or annuity contract which is made-- (i) pursuant to any amendment made by this section, and (ii) on or before the last day of the first plan year beginning on or after January 1, 2007. (B) Conditions.--This subsection shall not apply to any plan or annuity contract amendment unless-- (i) during the period beginning on the date the amendment described in subparagraph (A)(i) takes effect and ending on the date described in subparagraph (A)(ii) (or, if earlier, the date the plan or contract amendment is adopted), the plan or contract is operated as if such plan or contract amendment were in effect; and (ii) such plan or contract amendment applies retroactively for such period.	Uniformed Services Differential Pay Protection Act - Amends the Internal Revenue Code to treat differential wage payments as a payment of wages by an employer to an employee for income tax purposes. Defines "differential wage payment" as any employer payment to an individual serving on active duty in the uniformed services for more than 30 days which represents wages such individual would have received if such individual were performing services for the employer. Treats an individual receiving differential wage payments as an employee and treats differential wage payments as compensation for retirement plan purposes.