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SECTION 1. EXTENSION OF NATIONAL GUARD AUTHORITIES TO MAYOR OF THE DISTRICT OF COLUMBIA. (a) Mayor as Commander-in-Chief.--Section 6 of the Act entitled ``An Act to provide for the organization of the militia of the District of Columbia, and for other purposes'', approved March 1, 1889 (sec. 49- 409, D.C. Official Code), is amended by striking ``President of the United States'' and inserting ``Mayor of the District of Columbia''. (b) Reserve Corps.--Section 72 of such Act (sec. 49-407, D.C. Official Code) is amended by striking ``President of the United States'' and inserting ``Mayor of the District of Columbia''. (c) Appointment of Commissioned Officers.--(1) Section 7(a) of such Act (sec. 49-301(a), D.C. Official Code) is amended-- (A) by striking ``President of the United States'' and inserting ``Mayor of the District of Columbia''; and (B) by striking ``President.'' and inserting ``Mayor.''. (2) Section 9 of such Act (sec. 49-304, D.C. Official Code) is amended by striking ``President'' and inserting ``Mayor of the District of Columbia''. (3) Section 13 of such Act (sec. 49-305, D.C. Official Code) is amended by striking ``President of the United States'' and inserting ``Mayor of the District of Columbia''. (4) Section 19 of such Act (sec. 49-311, D.C. Official Code) is amended-- (A) in subsection (a), by striking ``to the Secretary of the Army'' and all that follows through ``which board'' and inserting ``to a board of examination appointed by the Commanding General, which''; and (B) in subsection (b), by striking ``the Secretary of the Army'' and all that follows through the period and inserting ``the Mayor of the District of Columbia, together with any recommendations of the Commanding General.''. (5) Section 20 of such Act (sec. 49-312, D.C. Official Code) is amended-- (A) by striking ``President of the United States'' each place it appears and inserting ``Mayor of the District of Columbia''; and (B) by striking ``the President may retire'' and inserting ``the Mayor may retire''. (d) Call for Duty.--(1) Section 45 of such Act (sec. 49-103, D.C. Official Code) is amended by striking ``, or for the United States Marshal'' and all that follows through ``shall thereupon order'' and inserting ``to order''. (2) Section 46 of such Act (sec. 49-104, D.C. Official Code) is amended by striking ``the President'' and inserting ``the Mayor of the District of Columbia''. (e) General Courts Martial.--Section 51 of such Act (sec. 49-503, D.C. Official Code) is amended by striking ``the President of the United States'' and inserting ``the Mayor of the District of Columbia''. SEC. 2. CONFORMING AMENDMENTS TO TITLE 10, UNITED STATES CODE. (a) Detail for Training.--(1) Section 4301(c) of title 10, United States Code, is amended by striking ``governor or other appropriate authority of the State or Territory, Puerto Rico, or the District of Columbia'' and inserting ``Governor of the State, Territory, or Puerto Rico or the Mayor of the District of Columbia''. (2) Section 9301(c) of such title is amended by striking ``governor or other appropriate authority of the State or Territory, Puerto Rico, or the District of Columbia'' and inserting ``Governor of the State, Territory, or Puerto Rico or the Mayor of the District of Columbia''. (b) Failure to Satisfactorily Perform Prescribed Training.--Section 10148(b) of such title is amended by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''. (c) Appointment of Chief of National Guard Bureau.--Section 10502(a)(1) of such title is amended by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''. (d) Vice Chief of National Guard Bureau.--Section 10505(a)(1)(A) of such title is amended by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''. (e) Other Senior National Guard Bureau Officers.--Section 10506(1) of such title is amended by striking ``the commanding general of the District of Columbia National Guard'' both places it appears and inserting ``the Mayor of the District of Columbia''. (f) Consent for Active Duty or Relocation.--(1) Section 12301 of title 10, United States Code, is amended-- (A) in subsection (b), by striking ``commanding general of the District of Columbia National Guard'' in the second sentence and inserting ``Mayor of the District of Columbia''; and (B) in subsection (d), by striking ``governor or other appropriate authority of the State concerned'' and inserting ``governor of the State (or, in the case of the District of Columbia National Guard, the Mayor of the District of Columbia)''. (2) Section 12406 of such title is amended by striking ``the commanding general of the National Guard of the District of Columbia'' and inserting ``the Mayor of the District of Columbia''. (g) Consent for Relocation of Units.--Section 18238 of such title is amended by striking ``, in the case of the District of Columbia, the commanding general of the National Guard of the District of Columbia'' and inserting ``the Mayor of the District of Columbia, as the case may be''. SEC. 3. CONFORMING AMENDMENTS TO TITLE 32, UNITED STATES CODE. (a) Maintenance of Other Troops.--Section 109(c) of title 32, United States Code, is amended by striking ``(or commanding general in the case of the District of Columbia)''. (b) Drug Interdiction and Counter-Drug Activities.--Section 112(i)(2) of such title is amended by striking ``the Commanding General of the National Guard of the District of Columbia'' and inserting ``the Mayor of the District of Columbia''. (c) Appointment of Adjutant General.--Section 314 of such title is amended-- (1) by striking subsection (b); (2) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively; and (3) in subsection (b) (as so redesignated), by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia,''. (d) Personnel Matters.--(1) Section 327(a) of such title is amended by striking ``the commanding general of the National Guard of the District of Columbia'' and inserting ``the Mayor of the District of Columbia, as the case may be''. (2) Section 331 of such title is amended by striking ``its commanding general'' and inserting ``the Mayor of the District of Columbia''. (3) Section 505 of such title is amended by striking ``commanding general of the National Guard of the District of Columbia'' in the first sentence and inserting ``Mayor of the District of Columbia''. (e) National Guard Challenge Program.--Section 509 of such title is amended-- (1) in subsection (c)(1), by striking ``the commanding general of the District of Columbia National Guard, under which the Governor or the commanding general'' and inserting ``the Mayor of the District of Columbia, under which the Governor or the Mayor''; (2) in subsection (g)(2), by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''; (3) in subsection (j), by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''; and (4) in subsection (k), by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''. (f) Issuance of Supplies.--Section 702(a) of such title is amended by striking ``commanding general of the National Guard of the District of Columbia'' and inserting ``Mayor of the District of Columbia''. (g) Appointment of Fiscal Officer.--Section 708(a) of such title is amended by striking ``commanding general of the National Guard of the District of Columbia'' and inserting ``Mayor of the District of Columbia''. SEC. 4. CONFORMING AMENDMENT TO GUARD AND RESERVE TRANSITION INITIATIVES. Section 4416(a)(3) of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2714) is amended by striking ``or territory, Puerto Rico, or the District of Columbia'' and inserting ``, territory, or the Commonwealth of Puerto Rico, or the Mayor of the District of Columbia''. SEC. 5. CONFORMING AMENDMENT TO THE DISTRICT OF COLUMBIA HOME RULE ACT. Section 602(b) of the District of Columbia Home Rule Act (sec. 1- 206.02(b), D.C. Official Code) is amended by striking ``the National Guard of the District of Columbia,''.	Amends the District of Columbia Code to make the Mayor of the District of Columbia (currently, the President of the United States) the Commander-in-Chief of the militia of the District. Makes conforming amendments to comply with this Act to: (1) Title 10 (Armed Forces); (2) Title 32 (National Guard); (3) the National Defense Authorization Act for Fiscal Year 1993; and (4) the District of Columbia Home Rule Act.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Pharmacy Fairness Act of 2007''. SEC. 2. APPLICATION OF THE ANTITRUST LAWS TO INDEPENDENT PHARMACIES NEGOTIATING WITH HEALTH PLANS. (a) In General.--Any independent pharmacies who are engaged in negotiations with a health plan regarding the terms of any contract under which the pharmacies provide health care items or services for which benefits are provided under such plan shall, in connection with such negotiations, be entitled to the same treatment under the antitrust laws as the treatment to which bargaining units which are recognized under the National Labor Relations Act are entitled in connection with activities described in section 7 of such Act. Such a pharmacy shall, only in connection with such negotiations, be treated as an employee engaged in concerted activities and shall not be regarded as having the status of an employer, independent contractor, managerial employee, or supervisor. (b) Protection for Good Faith Actions.--Actions taken in good faith reliance on subsection (a) shall not be the subject under the antitrust laws of criminal sanctions nor of any civil damages, fees, or penalties beyond actual damages incurred. (c) No Change in National Labor Relations Act.--This section applies only to independent pharmacies excluded from the National Labor Relations Act. Nothing in this section shall be construed as changing or amending any provision of the National Labor Relations Act, or as affecting the status of any group of persons under that Act. (d) Effective Date.--The exemption provided in subsection (a) shall apply to conduct occurring beginning on the date of the enactment of this Act. (e) Limitations on Exemption.--Nothing in this section shall exempt from the application of the antitrust laws any agreement or otherwise unlawful conspiracy that-- (1) would have the effect of boycotting any independent pharmacy or group of independent pharmacies, or would exclude, limit the participation or reimbursement of, or otherwise limit the scope of services to be provided by, any independent pharmacy or group of independent pharmacies with respect to the performance of services that are within the scope of practice as defined or permitted by relevant law or regulation; (2) allocates a market among competitors; (3) unlawfully ties the sale or purchase of one product or service to the sale or purchase of another product or service; or (4) monopolizes or attempts to monopolize a market. (f) Limitation Based on Market Share of Group.--This section shall not apply with respect to the negotiations of any group of independent pharmacies with a health plan regarding the terms of any contract under which such pharmacies provide health care items or services for which benefits are provided under such plan in a PDP region (as defined in subsection (j)(4)) if the number of pharmacy licenses of such pharmacies within such group in such region exceeds 25 percent of the total number of pharmacy licenses issued to all retail pharmacies (including both independent and other pharmacies) in such region. (g) No Effect on Title VI of Civil Rights Act of 1964.--Nothing in this section shall be construed to affect the application of title VI of the Civil Rights Act of 1964. (h) No Application to Specified Federal Programs.--Nothing in this section shall apply to negotiations between independent pharmacies and health plans pertaining to benefits provided under any of the following: (1) The Medicaid Program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). (2) The State Children's Health Insurance Program (SHIP) under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.). (3) Chapter 55 of title 10, United States Code (relating to medical and dental care for members of the uniformed services). (4) Chapter 17 of title 38, United States Code (relating to Veterans' medical care). (5) Chapter 89 of title 5, United States Code (relating to the Federal employees' health benefits program). (6) The Indian Health Care Improvement Act (25 U.S.C. 1601 et seq.). (i) Definitions.--For purposes of this section: (1) Antitrust laws.--The term ``antitrust laws''-- (A) has the meaning given it in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent such section 5 applies to unfair methods of competition; and (B) includes any State law similar to the laws referred to in subparagraph (A). (2) Health plan and related terms.-- (A) In general.--The term ``health plan''-- (i) means a group health plan or a health insurance issuer that is offering health insurance coverage; (ii) includes any entity that contracts with such a plan or issuer for the administering of services under the plan or coverage; and (iii) includes a prescription drug plan offered under part D of title XVIII of the Social Security Act and a Medicare Advantage plan offered under part C of such title. (B) Health insurance coverage; health insurance issuer.--The terms ``health insurance coverage'' and ``health insurance issuer'' have the meanings given such terms under paragraphs (1) and (2), respectively, of section 733(b) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191b(b)). (C) Group health plan.--The term ``group health plan'' has the meaning given that term in section 733(a)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191b(a)(1)). (3) Independent pharmacy.--The term ``independent pharmacy'' means a pharmacy that has a market share of-- (A) less than 10 percent in any PDP region; and (B) less than 1 percent in the United States. For purposes of the preceding sentence, all pharmacies that are members of the same controlled group of corporations (within the meaning of section 267(f) of the Internal Revenue Code of 1986) and all pharmacies under common control (within the meaning of section 52(b) of such Code but determined by treating an interest of more than 50 percent as a controlling interest) shall be treated as 1 pharmacy. (4) PDP region.--The term ``PDP region'' has the meaning given such term in section 1860D-11(a)(2) of the Social Security Act (42 U.S.C. 1395w-111(a)(2)). (j) 5-Year Sunset.--The exemption provided in subsection (a) shall only apply to conduct occurring during the 5-year period beginning on the date of the enactment of this Act and shall continue to apply for 1 year after the end of such period to contracts entered into before the end of such period. (k) General Accounting Office Study and Report.--The Comptroller General of the United States shall conduct a study on the impact of enactment of this section during the 6-month period beginning with the 5th year of the 5-year period described in subsection (j). Not later than the end of such 6-month period, the Comptroller General shall submit to Congress a report on such study and shall include in the report such recommendations on the extension of this section (and changes that should be made in making such extension) as the Comptroller General deems appropriate. (l) Oversight.--Nothing in this section shall preclude the Federal Trade Commission or the Department of Justice from overseeing the conduct of independent pharmacies covered under this section.	Community Pharmacy Fairness Act of 2007 - Entitles independent pharmacies negotiating contract terms with a health plan for the provision of health care items or services to the same treatment under the antitrust laws as the treatment to which bargaining units recognized under the National Labor Relations Act are entitled. Treats such a pharmacy as an employee engaged in concerted activities in connection with such negotiations. Exempts actions taken in good faith reliance on this Act from being subject to criminal sanctions or civil penalties beyond actual damages incurred. Provides that this Act does not exempt from application of antitrust laws any agreement or unlawful conspiracy that: (1) would have the effect of boycotting any independent pharmacy; (2) would exclude, limit the participation or reimbursement of, or otherwise limit the scope of services to be provided by any independent pharmacy or group of independent pharmacies with respect to the performance of services that are within their scope of practice as defined or permitted by relevant law or regulation; (3) allocates a market among competitors; (4) unlawfully ties the sale or purchase of one product or service to the sale or purchase of another product or service; or (5) monopolizes or attempts to monopolize a market. Excludes from the application of this Act: (1) negotiations of any group of independent pharmacies with a health plan if the number of pharmacy licenses within such group in a PDP region (Medicare Part D prescription drug plan region) exceeds 25% of the total number of pharmacy licenses issued to all retail pharmacies in the region; and (2) negotiations between independent pharmacies and health plans pertaining to federal health benefits. Requires the Comptroller General to study the impact of this Act after five years. Provides that this Act does not preclude the Federal Trade Commission (FTC) or the Department of Justice (DOJ) from overseeing the conduct of independent pharmacies covered under this Act.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Max Cleland Over-the-Road Bus Security and Safety Act of 2002''. SEC. 2. EMERGENCY OVER-THE-ROAD BUS SECURITY ASSISTANCE. (a) In General.--The Secretary of Transportation, acting through the Administrator of the Federal Motor Carrier Safety Administration, shall establish a program for making grants to private operators of over-the-road buses for system-wide security improvements to their operations, including-- (1) constructing and modifying terminals, garages, facilities, or over-the-road buses to assure their security; (2) protecting or isolating the driver; (3) acquiring, upgrading, installing, or operating equipment, software, or accessorial services for collection, storage, or exchange of passenger and driver information through ticketing systems or otherwise, and information links with government agencies; (4) training employees in recognizing and responding to security threats, evacuation procedures, passenger screening procedures, and baggage inspection; (5) hiring and training security officers; (6) installing cameras and video surveillance equipment on over-the-road buses and at terminals, garages, and over-the- road bus facilities; (7) creating a program for employee identification or background investigation; (8) establishing an emergency communications system linked to law enforcement and emergency personnel; and (9) implementing and operating passenger screening programs at terminals and on over-the-road buses. (b) Reimbursement.--A grant under this Act may be used to provide reimbursement to private operators of over-the-road buses for extraordinary security-related costs for improvements described in paragraphs (1) through (9) of subsection (a), determined by the Secretary to have been incurred by such operators since September 11, 2001. (c) Federal Share.--The Federal share of the cost for which any grant is made under this Act shall be 90 percent. (d) Due Consideration.--In making grants under this Act, the Secretary shall give due consideration to private operators of over- the-road buses that have taken measures to enhance bus transportation security from those in effect before September 11, 2001. (e) Grant Requirements.--A grant under this Act shall be subject to all the terms and conditions that a grant is subject to under section 3038(f) of the Transportation Equity Act for the 21st Century (49 U.S.C. 5310 note; 112 Stat. 393). SEC. 3. PLAN REQUIREMENT. (a) In General.--The Secretary may not make a grant under this Act to a private operator of over-the-road buses until the operator has first submitted to the Secretary-- (1) a plan for making security improvements described in section 2 and the Secretary has approved the plan; and (2) such additional information as the Secretary may require to ensure accountability for the obligation and expenditure of amounts made available to the operator under the grant. (b) Coordination.--To the extent that an application for a grant under this section proposes security improvements within a specific terminal owned and operated by an entity other than the applicant, the applicant shall demonstrate to the satisfaction of the Secretary that the applicant has coordinated the security improvements for the terminal with that entity. SEC. 4. OVER-THE-ROAD BUS DEFINED. In this Act, the term ``over-the-road bus'' means a bus characterized by an elevated passenger deck located over a baggage compartment. SEC. 5. BUS SECURITY ASSESSMENT. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a preliminary report in accordance with the requirements of this section. (b) Contents of Preliminary Report.--The preliminary report shall include-- (1) an assessment of the over-the-road bus security grant program; (2) an assessment of actions already taken to address identified security issues by both public and private entities and recommendations on whether additional safety and security enforcement actions are needed; (3) an assessment of whether additional legislation is needed to provide for the security of Americans traveling on over-the-road buses; (4) an assessment of the economic impact that security upgrades of buses and bus facilities may have on the over-the- road bus transportation industry and its employees; (5) an assessment of ongoing research and the need for additional research on over-the-road bus security, including engine shut-off mechanisms, chemical and biological weapon detection technology, and the feasibility of compartmentalization of the driver; and (6) an assessment of industry best practices to enhance security. (c) Consultation With Industry, Labor, and Other Groups.--In carrying out this section, the Secretary shall consult with over-the- road bus management and labor representatives, public safety and law enforcement officials, and the National Academy of Sciences. SEC. 6. FUNDING. There is authorized to be appropriated to the Secretary of Transportation to carry out this Act $99,000,000 for fiscal year 2003. Such sums shall remain available until expended. Passed the House of Representatives November 15 (legislative day, November 14), 2002. Attest: Clerk. 107th CONGRESS 2d Session H. R. 3429 _______________________________________________________________________ AN ACT To direct the Secretary of Transportation to make grants for security improvements to over-the-road bus operations, and for other purposes.	Max Cleland Over-the-Road Bus Security and Safety Act of 2002 - (Sec. 2) Directs the Secretary of Transportation, acting through the Administrator of the Federal Motor Carrier Safety Administration, to establish a program to make grants to private operators of over-the-road buses for specified system-wide security improvements to their operations, including the reimbursement of extraordinary security-related costs incurred since September 11, 2001.(Sec. 3) Sets forth certain grant requirements, including requiring: (1) an applicant private operator of over-the-road buses to submit to the Secretary a security improvements plan; and (2) an applicant for a grant for security improvements within a terminal owned and operated by an entity other than the applicant to demonstrate to the Secretary that such applicant has coordinated such improvements for the terminal with the entity.(Sec. 5) Requires the Secretary to submit to specified congressional committees a preliminary report that includes, among other things, an assessment of the over-the-road bus security grant program.(Sec. 6) Authorizes appropriations for FY 2003.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping Families Save Their Homes in Bankruptcy Act of 2009''. SEC. 2. ELIGIBILITY FOR RELIEF. Section 109 of title 11, United States Code, is amended-- (1) by adding at the end of subsection (e) the following: ``For purposes of this subsection, the computation of debts shall not include the secured or unsecured portions of-- ``(1) debts secured by the debtor's principal residence if the current value of such residence is less than the secured debt limit; or ``(2) debts secured or formerly secured by real property that was the debtor's principal residence that was sold in foreclosure or that the debtor surrendered to the creditor if the current value of such real property is less than the secured debt limit.'', and (2) by adding at the end of subsection (h) the following: ``(5) The requirements of paragraph (1) shall not apply in a case under chapter 13 with respect to a debtor who submits to the court a certification that the debtor has received notice that the holder of a claim secured by the debtor's principal residence may commence a foreclosure on the debtor's principal residence.''. SEC. 3. PROHIBITING CLAIMS ARISING FROM VIOLATIONS OF THE TRUTH IN LENDING ACT. Section 502(b) of title 11, United States Code, is amended-- (1) in paragraph (8) by striking ``or'' at the end, (2) in paragraph (9) by striking the period at the end and inserting ``; or'', and (3) by adding at the end the following: ``(10) the claim for a loan secured by a security interest in the debtor's principal residence is subject to a remedy for rescission under the Truth in Lending Act notwithstanding the prior entry of a foreclosure judgment, except that nothing in this paragraph shall be construed to modify, impair, or supersede any other right of the debtor.''. SEC. 4. AUTHORITY TO MODIFY CERTAIN MORTGAGES. Section 1322 of title 11, United States Code, is amended-- (1) in subsection (b)-- (A) by redesignating paragraph (11) as paragraph (12), (B) in paragraph (10) by striking ``and'' at the end, and (C) by inserting after paragraph (10) the following: ``(11) notwithstanding paragraph (2) and otherwise applicable nonbankruptcy law, with respect to a claim for a loan originated before the effective date of this paragraph and secured by a security interest in the debtor's principal residence that is the subject of a notice that a foreclosure may be commenced with respect to such loan, modify the rights of the holder of such claim (and the rights of the holder of any claim secured by a subordinate security interest in such residence)-- ``(A) by providing for payment of the amount of the allowed secured claim as determined under section 506(a)(1); ``(B) if any applicable rate of interest is adjustable under the terms of such security interest by prohibiting, reducing, or delaying adjustments to such rate of interest applicable on and after the date of filing of the plan; ``(C) by modifying the terms and conditions of such loan-- ``(i) to extend the repayment period for a period that is no longer than the longer of 40 years (reduced by the period for which such loan has been outstanding) or the remaining term of such loan, beginning on the date of the order for relief under this chapter; and ``(ii) to provide for the payment of interest accruing after the date of the order for relief under this chapter at a fixed annual rate equal to the currently applicable average prime offer rate as of the date of the order for relief under this chapter, corresponding to the repayment term determined under the preceding paragraph, as published by the Federal Financial Institutions Examination Council in its table entitled `Average Prime Offer Rates--Fixed', plus a reasonable premium for risk; and ``(D) by providing for payments of such modified loan directly to the holder of the claim; and'', and (2) by adding at the end the following: ``(g) A claim may be reduced under subsection (b)(11)(A) only on the condition that if the debtor sells the principal residence securing such claim, before receiving a discharge under this chapter and receives net proceeds from the sale of such residence, then the debtor agrees to pay to such holder-- ``(1) if such residence is sold in the 1st year occurring after the effective date of the plan, 80 percent of the amount of the difference between the sales price and the amount of such claim (plus costs of sale and improvements), but not to exceed the amount of the allowed secured claim determined as if such claim had not been reduced under such subsection; ``(2) if such residence is sold in the 2d year occurring after the effective date of the plan, 60 percent of the amount of the difference between the sales price and the amount of such claim (plus costs of sale and improvements), but not to exceed the amount of the allowed secured claim determined as if such claim had not been reduced under such subsection; ``(3) if such residence is sold in the 3d year occurring after the effective date of the plan, 40 percent of the amount of the difference between the sales price and the amount of such claim (plus costs of sale and improvements), but not to exceed the amount of the allowed secured claim determined as if such claim had not been reduced under such subsection; and ``(4) if such residence is sold in the 4th year occurring after the effective date of the plan, 20 percent of the amount of the difference between the sales price and the amount of such claim (plus costs of sale and improvements), but not to exceed the amount of the allowed secured claim determined as if such claim had not been reduced under such subsection. ``(h) With respect to a claim of the kind described in subsection (b)(11), the plan may not contain a modification under the authority of subsection (b)(11)-- ``(1) in a case commenced under this chapter after the expiration of the 15-day period beginning on the effective date of this subsection, unless-- ``(A) the debtor certifies that the debtor attempted, not less than 15 days before the commencement of the case, to contact the holder of such claim (or the entity collecting payments on behalf of such holder) regarding modification of the loan that is the subject of such claim; or ``(B) a foreclosure sale is scheduled to occur on a date in the 30-day period beginning on the date the case is commenced; and ``(2) in any other case pending under this chapter, unless the debtor certifies that the debtor attempted to contact the holder of such claim (or the entity collecting payments on behalf of such holder) regarding modification of the loan that is the subject of such claim, before-- ``(A) filing a plan under section 1321 that contains a modification under the authority of subsection (b)(11); or ``(B) modifying a plan under section 1323 or 1329 to contain a modification under the authority of subsection (b)(11).''. SEC. 5. COMBATING EXCESSIVE FEES. Section 1322(c) of title 11, United States Code, is amended-- (1) in paragraph (1) by striking ``and'' at the end, (2) in paragraph (2) by striking the period at the end and inserting a semicolon, and (3) by adding at the end the following: ``(3) the debtor, the debtor's property, and property of the estate are not liable for a fee, cost, or charge that is incurred while the case is pending and arises from a debt that is secured by the debtor's principal residence except to the extent that-- ``(A) the holder of the claim for such debt files with the court (annually or, in order to permit filing consistent with clause (ii), at such more frequent periodicity as the court determines necessary) notice of such fee, cost, or charge before the earlier of-- ``(i) 1 year after such fee, cost, or charge is incurred; or ``(ii) 60 days before the closing of the case; and ``(B) such fee, cost, or charge-- ``(i) is lawful under applicable nonbankruptcy law, reasonable, and provided for in the applicable security agreement; and ``(ii) is secured by property the value of which is greater than the amount of such claim, including such fee, cost, or charge; ``(4) the failure of a party to give notice described in paragraph (3) shall be deemed a waiver of any claim for fees, costs, or charges described in paragraph (3) for all purposes, and any attempt to collect such fees, costs, or charges shall constitute a violation of section 524(a)(2) or, if the violation occurs before the date of discharge, of section 362(a); and ``(5) a plan may provide for the waiver of any prepayment penalty on a claim secured by the debtor's principal residence.''. SEC. 6. CONFIRMATION OF PLAN. Section 1325(a) of title 11, United States Code, is amended-- (1) in paragraph (8) by striking ``and'' at the end, (2) in paragraph (9) by striking the period at the end and inserting a semicolon, and (3) by inserting after paragraph (9) the following: ``(10) notwithstanding subclause (I) of paragraph (5)(B)(i), whenever the plan modifies a claim in accordance with section 1322(b)(11), the plan provides that the holder of such claim retain the lien until the later of-- ``(A) the payment of such holder's allowed secured claim; or ``(B) discharge under section 1328; and ``(11) whenever the plan modifies a claim in accordance with section 1322(b)(11), the court finds that such modification is in good faith and that the debtor did not obtain the extension, renewal, or refinancing of credit that gives rise to a modified claim by the debtor's material misrepresentation, false pretenses, or actual fraud.''. SEC. 7. DISCHARGE. Section 1328 of title 11, United States Code, is amended-- (1) in subsection (a)-- (A) by inserting ``(other than payments to holders of claims whose rights are modified under section 1322(b)(11))'' after ``paid'', and (B) in paragraph (1) by inserting ``or, to the extent of the unpaid portion of an allowed secured claim, provided for in section 1322(b)(11)'' after ``1322(b)(5)'', and (2) in subsection (c)(1) by inserting ``or, to the extent of the unpaid portion of an allowed secured claim, provided for in section 1322(b)(11)'' after ``1322(b)(5)''. SEC. 8. RULE OF CONSTRUCTION. Nothing in this Act or the amendments made by this Act shall be construed to modify any obligation of the Federal Housing Administration, the Veterans Administration, or the Department of Agriculture under a contract that guarantees or insures the payment of any part of a loan secured by a security interest in a principal residence. SEC. 9. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. (a) Effective Date.--Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on the date of the enactment of this Act. (b) Application of Amendments.--The amendments made by this Act shall apply with respect to cases commenced under title 11 of the United States Code before, on, or after the date of the enactment of this Act.	Helping Families Save their Homes in Bankruptcy Act of 2009 - (Sec. 1) Amends federal bankruptcy law governing a Chapter 13 debtor (adjustment of debts of an individual with regular income). Excludes from computation of debts the secured or unsecured portions of: (1) debts secured by the debtor's principal residence if the current value of that residence is less than the secured debt limit; or (2) debts secured or formerly secured by a debtor's principal residence that was either sold in foreclosure or surrendered to the creditor if the current value of such real property is less than the secured debt limit. (Sec. 2) Declares the credit counseling requirement inapplicable to a Chapter 13 debtor who certifies that he or she has received notice that the holder of a claim secured by the debtor's principal residence may commence a foreclosure on the debtor's principal residence. (Sec. 3) Requires the court to disallow a claim for a loan secured by a security interest in the debtor's principal residence that is subject to remedy for damages or rescission due to violations of the Truth in Lending Act, notwithstanding prior entry of a foreclosure judgment. Prohibits construction of such disallowance to modify, impair, or supersede any other right of the debtor. (Sec. 4) Allows modification of claim holders' rights in connection with a foreclosure notice for a chapter 13 debtor whose loan originated before the effective date of this Act. Allows changing an adjustable rate of interest to a fixed rate, and extending the repayment period. Prescribes conditions for reducing a claim under this Act if the debtor receives net proceeds from the sale of the principal residence before receiving a discharge in bankruptcy. Establishes requirements for modification of other kinds of claims for a loan secured by a security interest in the debtor's principal residence. (Sec. 5) Denies debtor liability for certain fees and charges incurred while the bankruptcy case is pending and arising from a debt secured by the debtor's principal residence, unless the claim holder observes specified requirements. (Sec. 6) Adds to conditions for court confirmation of a plan in bankruptcy that: (1) the holder of a claim for a loan secured by the debtor's principal residence retain the lien securing the claim until the later of the payment of such claim as reduced and modified or the discharge of a debtor from all debts; and (2) the plan modifies the claim in good faith and the court finds that the debtor did not obtain the modified claim by the debtor's material misrepresentation, false pretenses, or actual fraud. (Sec. 7) Excludes from final discharge of a debtor from all debts: (1) any payments to claim holders whose rights are modified under this Act; and (2) any unpaid portion of a claim as reduced. (Sec. 8) Prohibits the construction of this Act to modify any obligation of the Federal Housing Administration (FHA), the Veterans Administration (VA), or the Department of Agriculture under a contract that guarantees or insures payment of a loan secured by a security interest in a principal residence.
SECTION 1. FINDINGS. Congress finds the following: (1) Methyl bromide is a broad spectrum pesticide which protects plants and agricultural products from a wide range of insects, rodents, viruses, fungi, weeds, and nematodes. (2) American farmers depend on methyl bromide to grow, store, ship, process, and trade over 100 different crops. (3) The agricultural community has no safe, effective, commercially available alternatives to methyl bromide. Some nonchemical pest control alternatives have proven effective in small scale tests but are largely untested, much less proven, for commercial food production purposes. The Environmental Protection Agency's Office of Prevention, Pesticides, and Toxic Substances reports that few substitutes exist, all of which pose potential human health and environmental risks. (4) In 1992, the Montreal Protocol on Substances Depleting the Ozone Layer was amended to include methyl bromide. Subsequent peer-reviewed research indicates that most methyl bromide is naturally occurring, that a significant percentage never reaches the ozone layer, and that methyl bromide clearly does not pose the threat initially believed. Scientists agree that much is yet to be learned about methyl bromide's effect on stratospheric ozone. (5) According to the 1992 Science Assessment Report to the Montreal Protocol, agricultural use of methyl bromide accounts for less than 3 percent of the threat to the ozone layer, and a similar report issued in 1994 notes that the Earth's ozone layer will return to normal by the middle of the next century even if methyl bromide remains available to farmers. (6) In 1993, despite the importance of methyl bromide, the lack of alternatives, and many scientific uncertainties, the Environmental Protection Agency, citing the Montreal Protocol, listed methyl bromide as an ozone depleting chemical under the provisions of the Clean Air Act and ordered United States production frozen at 1991 levels and an end to production by January 1, 2001. (7) Given current alternatives, analysis at the University of Florida predicts a 43 percent decline in affected vegetable acreage in Florida. A 1993 United States Department of Agriculture study finds that the ban will cost as much as $1,500,000,000 in Florida, Georgia, California, North Carolina, and South Carolina, the 5 States where methyl bromide is most utilized. SEC. 2. CONTROL OF METHYL BROMIDE. (a) Definitions.--For purposes of this section: (1) The term ``use as a pesticide'' includes farming and post-harvest uses. (2) The term ``pesticide'' has the same meaning as when used in the Federal Insecticide, Fungicide, and Rodenticide Act. (3) The term ``control'' means, with respect to any substance, any ban, phase-out, or other restriction on the production, importation, export, consumption, or use of the substance. (4) The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (b) Restrictions on EPA Authority.--Except as provided in subsection (c) or (d), the Administrator may not-- (1) control the production, importation, or export of the substance methyl bromide pursuant to title VI of the Clean Air Act (42 U.S.C. section 7671-7671q) for consumption or use as a pesticide; (2) control the consumption or use of methyl bromide as a pesticide; or (3) require the labelling of any agricultural product treated with methyl bromide. (c) Existence of Substitutes or Alternatives.--The Administrator may take any action described in paragraph (1), (2), or (3) of subsection (b), or any combination of such actions, if the Secretary of Agriculture has certified by rule that there exist viable, cost- effective substitutes or other alternatives to the consumption or use of methyl bromide as a pesticide for specified agricultural commodities and products. If the Secretary has made a certification under this paragraph, a control permitted pursuant to such certification shall apply only with respect to those specified applications and to those specified commodities and products for which the certification is made. (d) Montreal Protocol.--The Administrator may take any action described in paragraph (1), (2), or (3) of subsection (b), or any combination of such actions, if the United States is required by the Montreal Protocol to implement a control on the production, importation, or export of methyl bromide for consumption or use as a pesticide or a control on the consumption or use of methyl bromide as a pesticide. The applicability, contents and timing of any such control-- (1) shall be no more stringent or restrictive than specifically required by the Montreal Protocol, (2) shall be equally required of all parties to the Montreal Protocol; and (3) shall include all exemptions, exceptions, and other flexibility (including exemptions for production, importation, export, and consumption, for both preshipment and quarantine uses) allowed by the Montreal Protocol. (e) Inconsistent EPA Actions.--All rules, standards and other regulatory actions promulgated, published, or otherwise issued by the Administrator of the Environmental Protection Agency before the date of enactment of this Act are repealed to the extent they impose a control which is not specifically required by the Montreal Protocol. (f) Savings Clause.--Nothing in this Act shall be construed to affect the provisions of 40 C.F.R. Sec. Sec. 82.9, 82.10, 82.11, and 82.12 (relating to Article 5 parties and transfers), or any other regulatory provisions granting exemptions, exceptions, or other flexibility not prohibited by the Montreal Protocol.	Restricts the authority of the Environmental Protection Agency to control the production, importation, or export of methyl bromide for pesticide use consistent with requirements and obligations of the Montreal Protocol.
SECTION 1. SHORT TITLE. This Act may be cited as the ``National Strategy for Combating Terrorist, Underground, and Other Illicit Financing Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The financing of terrorism and related forms of illicit finance present a direct threat to national security and a threat to global stability. (2) New terrorist groups or threats can form quickly, and other groups change tactics to adapt, creating a constantly changing terrorist environment, presenting ever-changing risks and challenges to programs to disrupt the financing of terrorism and related forms of illicit finance. (3) Terrorists in some instances have formed symbiotic relationships with, or are taking over, transnational crime syndicates, so that funding for both terrorism and profits from crime flow in the same fashion and often are indistinguishable. (4) Methods of concealing the movement of illicit funding change quickly in a globalized economy, and rapid technological changes and financial innovation pose new risks that may be increasingly difficult for governments to stay abreast of without an agile, constantly adjusted strategy to spot, disrupt, and prevent the financing of terrorism and related forms of illicit finance. (5) A bipartisan requirement to create a national anti- money laundering strategy enacted in 1998 expired in 2007. Given the rapid globalization and rapid technology changes of the financial sector, an updated strategy focused on the financing of terrorism is necessary. (6) It is important for the Government to have a unified strategy to fight financial crime and to update it annually, both to accommodate new and developing threats and to help Congress develop legislative and funding priorities. (7) An effective strategy to counter terrorism financing is a critical component of the broader counter terrorism strategy of the United States. SEC. 3. 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, 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 1 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.--Every 2 years following the initial submission under paragraph (1), the President shall submit to the appropriate congressional committees updated versions of the national strategy. (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 the 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. 4. CONTENTS. (a) In General.--The strategy described in section 3 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 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), 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, including the Financial Action Task Force, with expertise in fighting illicit finance. (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. 5. 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, the 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, the Committee on Armed Services, the Committee on the Judiciary, the Committee on Homeland Security and Governmental Affairs, and the Select Committee on Intelligence of the Senate; (2) 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; (3) the term ``Secretary'' means the Secretary of the Treasury; and (4) the term ``State'' means each of the several States, the District of Columbia, and each territory or possession of the United States.	National Strategy for Combating Terrorist, Underground, and Other Illicit Financing Act This bill directs the Department of the Treasury to develop a national strategy to combat the financing of terrorism and related forms of illicit finance.
SECTION 1. SHORT TITLE. This Act may be cited as the ``National Blue Alert Act of 2010''. SEC. 2. BLUE ALERT COMMUNICATIONS NETWORK. The Attorney General shall, subject to the availability of appropriations pursuant to section 6, establish a national Blue Alert communications network within the Department of Justice to disseminate information when a law enforcement officer is seriously injured or killed in the line of duty through the initiation, facilitation, and promotion of local elements of the network (known as Blue Alert plans) in coordination with States, units of local government, law enforcement agencies, and other appropriate entities. SEC. 3. BLUE ALERT COORDINATOR; GUIDELINES. (a) Coordination Within Department of Justice.--The Attorney General shall assign an officer of the Department of Justice to act as the national coordinator of the Blue Alert communications network. The officer so designated shall be known as the Blue Alert Coordinator of the Department of Justice (referred to in this Act as the ``Coordinator''). (b) Duties of the Coordinator.--In acting as the national coordinator of the Blue Alert communications network, the Coordinator shall-- (1) work with States to encourage the development of additional Blue Alert plans in the network; (2) establish voluntary guidelines for States to use in developing Blue Alert plans that will promote compatible and integrated Blue Alert plans throughout the United States, including-- (A) a list of the resources necessary to establish a Blue Alert plan; (B) criteria for evaluating whether a situation warrants issuing a Blue Alert; (C) guidelines to protect the privacy, dignity, independence, and autonomy of any law enforcement officer who may be the subject of a Blue Alert or family of such law enforcement officer; (D) guidelines that, before a Blue Alert is issued and with respect to a law enforcement officer who is seriously injured or killed in the line of duty-- (i) the law enforcement agency involved confirms the death, injury, or attack on of the law enforcement officer; (ii) there is an indication of serious injury to or death of the law enforcement officer; (iii) the suspect involved has not been apprehended; and (iv) there is sufficient descriptive information of the suspect involved and any relevant vehicle and tag numbers; (E) guidelines-- (i) that information related to a law enforcement officer who is seriously injured or killed in the line of duty would be provided to the National Crime Information Center database operated by the Federal Bureau of Investigation pursuant to section 534 of title 28, United States Code, and any relevant crime information repository of the State involved; (ii) that a Blue Alert would be, to the maximum extent practicable (as determined by the Coordinator in consultation with State and local law enforcement agencies) limited to the geographic areas most likely to facilitate the apprehension of the suspect involved or which such suspect could reasonably reach, but not limited to State lines; (iii) for State law enforcement agencies to develop plans to communicate information to neighboring States to provide for seamless communication of Blue Alert; and (iv) providing that a Blue Alert will be suspended when the suspect involved is apprehended or when the law enforcement agency involved determines that the Blue Alert is no longer effective; and (F) guidelines for-- (i) the issuance of alerts through the Blue Alert communications network; and (ii) the extent of the dissemination of alerts issued through the network; (3) develop proposed protocols for efforts to apprehend suspects, including protocols that are needed from the time of the initial notification of a law enforcement agency that a suspect has not been apprehended through the time of apprehension of a suspect or when the law enforcement agency involved determines that the Blue Alert is no longer effective, including-- (A) public safety communications; (B) command center operations; and (C) incident review, evaluation, debriefing, and public information procedures; (4) work with States to ensure appropriate regional coordination of various elements of the network; (5) establish an advisory group to assist States, units of local government, law enforcement agencies, and other entities involved in the Blue Alert communications network with initiating, facilitating, and promoting Blue Alert plans, which shall include-- (A) to the maximum extent practicable, representation from the various geographic regions of the United States; and (B) members who are-- (i) representatives of law enforcement organizations, law enforcement agencies, and public safety communications, (ii) broadcasters, first responders, dispatchers, and radio station personnel; and (iii) representatives of any other individuals or organizations that the Coordinator determines are necessary to the success of the Blue Alert communications network; and (6) act as the nationwide point of contact for-- (A) the development of the network; and (B) regional coordination of alerts through the network for law enforcement officers who are seriously injured or killed in the line of duty. (c) Limitations Applicable to Guidelines and Other Duties.--In establishing the guidelines and carrying out other duties under subsection (b), the following shall apply: (1) Voluntary participation.--The guidelines established under paragraph (2) of such subsection, protocols developed under paragraph (3) of such subsection, and other programs established under such subsection, shall be adoptable by a State on a voluntary basis only. (2) Dissemination of information.--The guidelines shall, to the maximum extent practicable (as determined by the Coordinator in consultation with State and local law enforcement agencies), provide that appropriate information relating to a wounding assault or fatal injury on a law enforcement officer is disseminated to the appropriate law enforcement, public health, and other public officials. (3) Privacy and civil liberties protections.--The guidelines shall-- (A) ensure that alerts issued through the Blue Alert communications network comply with all applicable Federal, State, and local privacy laws and regulations; and (B) include standards that specifically provide for the protection of the civil liberties, including the privacy, of law enforcement officers who are seriously injured or killed in the line of duty and the families of such officers. (d) Cooperation With Other Agencies.--The Coordinator shall cooperate with the Secretary of Homeland Security, the Secretary of Transportation, the Federal Communications Commission, and appropriate offices of the Department of Justice in carrying out activities under this Act. (e) Reports.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the Coordinator shall submit to Congress a report on the activities of the Coordinator and the effectiveness and status of the Blue Alert plans of each State that has established or is in the process of establishing such a plan. SEC. 4. GRANT PROGRAM FOR SUPPORT OF BLUE ALERT PLANS. (a) Grant Program.--Subject to the availability of appropriations to carry out this section, the Attorney General shall carry out a program to provide grants to States for the development or enhancement of programs and activities for the support of Blue Alert plans and the Blue Alert communications network. (b) Activities.--Activities funded by grants under the program under subsection (a) may include-- (1) the development and implementation of education and training programs, and associated materials, relating to Blue Alert plans; (2) the development and implementation of law enforcement programs, and associated equipment, relating to Blue Alert plans; (3) the development and implementation of new technologies to improve Blue Alert communications; and (4) such other activities as the Attorney General considers appropriate for supporting the Blue Alert communications network. (c) Federal Share.--The Federal share of the cost of any activities funded by a grant under the program under subsection (a) may not exceed 50 percent. (d) Distribution of Grant Amounts on Geographic Basis.--The Attorney General shall, to the maximum extent practicable, ensure the distribution of grants under the program under subsection (a) on an equitable basis throughout the various regions of the United States. (e) Administration.--The Attorney General shall prescribe requirements, including application requirements, for grants under the program under subsection (a). SEC. 5. DEFINITION. For purposes of this Act, the term ``State'' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any federally recognized Indian tribe. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated such sums as may be necessary to carry out this Act (other than for purposes described in subparagraph (A) or (B) of subsection (b)(1)). (b) Grant Funding.-- (1) In general.--There is authorized to be appropriated for fiscal year 2011-- (A) $5,000,000 for grants under section 4; and (B) an additional $5,000,000 for such grants to carry out activities described in section 4(b)(3). (2) Availability of funds.--Amounts appropriated pursuant to paragraph (1) shall remain available until expended.	National Blue Alert Act of 2010 - Directs the Attorney General to: (1) establish a national Blue Alert communications network within the Department of Justice (DOJ) to disseminate information when a law enforcement officer is seriously injured or killed in the line of duty; (2) assign a DOJ officer to act as the national coordinator of the Blue Alert communications network; and (3) provide grants to states for the development or enhancement of programs and activities to support Blue Alert plans and the Blue Alert communications network. Sets forth the duties of the national coordinator, including working with states to develop additional Blue Alert plans in the network, establishing voluntary guidelines for states in developing Blue Alert plans, developing protocols for efforts to apprehend suspects, and establishing an advisory group to assist states, local governments, law enforcement agencies, and other entities in initiating, facilitating, and promoting Blue Alert plans.
SECTION 1. SHORT TITLE. This Act may be cited as the ``American Manufacturing Competitiveness Act of 2013''. SEC. 2. NATIONAL MANUFACTURING COMPETITIVENESS STRATEGIC PLAN. Section 102 of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 6622) is amended-- (1) in subsection (b), by striking paragraph (7) and inserting the following: ``(7) develop and update a national manufacturing competitiveness strategic plan in accordance with subsection (c).''; and (2) by striking subsection (c) and inserting the following: ``(c) National Manufacturing Competitiveness Strategic Plan.-- ``(1) In general.--The Committee shall develop, and update every 4 years, a strategic plan to improve Government coordination and provide long-term guidance for Federal programs and activities in support of United States manufacturing competitiveness, including advanced manufacturing research and development. ``(2) Committee chairperson.--In developing and updating the strategic plan, the Secretary of Commerce, or a designee of the Secretary, shall serve as the chairperson of the Committee. ``(3) Goals.--The goals of such strategic plan shall be to-- ``(A) promote growth, including job creation, sustainability, and competitiveness, in the United States manufacturing sector; ``(B) support the development of a skilled manufacturing workforce; ``(C) enable innovation and investment in domestic manufacturing; and ``(D) support national security. ``(4) Contents.--Such strategic plan shall-- ``(A) specify and prioritize near-term and long- term objectives to meet the goals of the plan, including research and development objectives, the anticipated timeframe for achieving the objectives, and the metrics for use in assessing progress toward the objectives; ``(B) describe the progress made in achieving the objectives from prior strategic plans, including a discussion of why specific objectives were not met; ``(C) specify the role, including the programs and activities, of each Federal agency in meeting the objectives of the strategic plan; ``(D) describe how the Federal agencies and federally funded research and development centers supporting advanced manufacturing research and development will foster the transfer of research and development results into new manufacturing technologies and United States based manufacturing of new products and processes for the benefit of society to ensure national, energy, and economic security; ``(E) describe how such Federal agencies and centers will strengthen all levels of manufacturing education and training programs to ensure an adequate, well-trained workforce; ``(F) describe how such Federal agencies and centers will assist small- and medium-sized manufacturers in developing and implementing new products and processes; ``(G) take into consideration and include a discussion of the analysis conducted under paragraph (5); and ``(H) take into consideration the recommendations of a wide range of stakeholders, including representatives from diverse manufacturing sectors and companies, academia, existing Federal advisory committees, such as the Defense Science Board, the President's Council of Advisors on Science and Technology, the Manufacturing Council established by the Department of Commerce, and the Labor Advisory Committee for Trade Negotiations and Trade Policy, and other relevant organizations and institutions. ``(5) Preliminary analysis.-- ``(A) In general.--As part of developing such strategic plan, the Committee shall conduct an analysis of factors that impact the competitiveness and growth of the United States manufacturing sector, including-- ``(i) research, development, innovation, technology transfer, and commercialization activities in the United States; ``(ii) the adequacy of the industrial base for maintaining national security; ``(iii) the state and capabilities of the domestic manufacturing workforce; ``(iv) trade, trade enforcement, and intellectual property policies; ``(v) financing, investment, and taxation policies and practices; ``(vi) the state of emerging technologies and markets; and ``(vii) efforts and policies related to manufacturing promotion undertaken by competing nations. ``(B) Reliance on existing information.--To the extent practicable, in completing the analysis under subparagraph (A), the Committee shall use existing information and the results of previous studies and reports. ``(d) Report.--Not later than 1 year after the date of enactment of the American Manufacturing Competitiveness Act of 2013, the Director shall transmit the strategic plan developed under subsection (b)(7) to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives and shall transmit subsequent updates to those committees as appropriate. ``(e) Requirement To Consider Strategy in the Budget.--In preparing the budget for a fiscal year under section 1105(a) of title 31, United States Code, the President shall include information regarding the consistency of the budget with the goals and recommendations included in the strategic plan developed under subsection (b)(7) applying to that fiscal year.''.	American Manufacturing Competitiveness Act of 2013 - Directs the Committee on Technology under the National Science and Technology Council to develop, in lieu of the currently required strategic plan to guide federal programs and activities in support of advanced manufacturing research and development, a national manufacturing competitiveness strategic plan to improve government coordination and provide long-term guidance for federal programs and activities in support of U.S. manufacturing competitiveness, including advanced manufacturing research and development. Requires the Secretary of Commerce, in developing and updating the plan quadrennially, to serve as the chairperson of the Committee. Specifies the goals of the plan to be to: (1) promote growth in the U.S. manufacturing sector, (2) support the development of a skilled manufacturing workforce, (3) enable innovation and investment in domestic manufacturing, and (4) support national security. Requires the Committee, as part of the development of the plan, to conduct an analysis of specified factors that impact the competitiveness and growth of the U.S. manufacturing sector. Requires the Director of the Office of Science and Technology Policy to transmit the plan, and subsequent updates, to Congress.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Ban Poisonous Additives Act of 2009''. SEC. 2. BAN ON USE OF BISPHENOL A IN FOOD AND BEVERAGE CONTAINERS. (a) Treatment of Bisphenol A as Adulterating the Food or Beverage.--For purposes of applying section 402(a)(6) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342(a)(6)), a food container (which for purposes of this Act includes a beverage container) that is composed, in whole or in part, of bisphenol A, or that can release bisphenol A into food (as defined for purposes of the Federal Food, Drug, and Cosmetic Act), shall be treated as a container described in such section (relating to containers composed, in whole or in part, of a poisonous or deleterious substance which may render the contents injurious to health). (b) Effective Dates.-- (1) Reusable food containers.-- (A) Definition.--In this Act, the term ``reusable food container'' means a reusable food container that does not contain a food item when it is introduced or delivered for introduction into interstate commerce. (B) Applicability.--Subsection (a) shall apply to reusable food containers on the date that is 180 days after the date of enactment of this Act. (2) Other food containers.--Subsection (a) shall apply to food containers that are packed with a food and introduced or delivered for introduction into interstate commerce on or after the date that is 180 days after the date of enactment of this Act. (c) Waiver.-- (1) In general.--The Secretary of Health and Human Services (referred to in this Act as the ``Secretary''), after public notice and opportunity for comment, may grant to any facility (as that term is defined in section 415 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350d)) a waiver of the treatment described in subsection (a) for a certain type of food container, as used for a particular food product, if such facility-- (A) demonstrates that it is not technologically feasible to replace bisphenol A in such type of container for such particular food product; and (B) submits to the Secretary a plan and timeline for removing bisphenol A from such type of container for that food product. (2) Applicability.--A waiver granted under paragraph (1) shall constitute a waiver of the treatment described in subsection (a) for any facility that manufactures, processes, packs, holds, or sells the particular food product for which the waiver was granted. (3) Labeling.--Any product for which the Secretary grants such a waiver shall display a prominent warning on the label that the container contains bisphenol A, in a manner that the Secretary shall require, which manner shall ensure adequate public awareness of potential health effects associated with bisphenol A. (4) Duration.-- (A) Initial waiver.--Any waiver granted under paragraph (1) shall be valid for not longer than 1 year after the applicable effective date in subsection (b). (B) Renewal of waiver.--The Secretary may renew any waiver granted under subparagraph (A) for a period of not more than 1 year. (d) List of Substances That Are Generally Recognized as Safe.-- (1) Review.--The Secretary, acting through the Commissioner of Food and Drugs, shall, not later than 1 year after enactment of this Act and not less than once every 5 years thereafter, review-- (A) the substances that are generally recognized as safe, listed in part 182 of title 21, Code of Federal Regulations (or any successor regulations); (B) the direct food substances affirmed as generally recognized as safe, listed in part 184 of title 21, Code of Federal Regulations (or any successor regulations); and (C) the indirect food substances affirmed as generally recognized as safe, listed in part 186 of title 21, Code of Federal Regulations (or any successor regulations). (2) Public comment.--In conducting the review described in paragraph (1), the Secretary shall provide public notice and opportunity for comment. (3) Remedial action.--If, after conducting the review described in paragraph (1), the Secretary determines that, with regard to a substance listed in such part 182, 184, or 186, new scientific evidence, including scientific evidence showing that the substance causes reproductive or developmental toxicity in humans or animals, supports-- (A) banning a substance; (B) altering the conditions under which a substance may be introduced into interstate commerce; or (C) imposing restrictions on the types of products for which the substance may be used, the Secretary shall remove such substance from the list of substances, direct food substances, or indirect food substances generally recognized as safe, as appropriate, and shall take other remedial action, as necessary. (4) Definition.--In this Act, the term ``reproductive or developmental toxicity'' has the meaning given such term in section 409(h)(6) of the Federal Food, Drug, and Cosmetic Act, as amended by section 3. (e) Savings Provision.--Nothing in this Act shall affect the right of a State, political subdivision of a State, or Indian tribe to adopt or enforce any regulation, requirement, liability, or standard of performance that is more stringent than a regulation, requirement, liability, or standard of performance under this Act or that-- (1) applies to a product category not described in this Act; or (2) requires the provision of a warning of risk, illness, or injury associated with the use of food containers composed of bisphenol A. SEC. 3. AMENDMENTS TO SECTION 409 OF THE FEDERAL FOOD, DRUG, AND COSMETIC ACT. Subsection (h) of section 409 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 348(h)(1)) is amended-- (1) in paragraph (1)-- (A) by striking ``manufacturer or supplier for a food contact substance may'' and inserting ``manufacturer or supplier for a food contact substance shall''; (B) by inserting ``(A)'' after ``notify the Secretary of''; (C) by striking ``, and of'' and inserting ``; (B)''; and (D) by striking the period after ``subsection (c)(3)(A)'' and inserting ``; (C) the determination of the manufacturer or supplier that no adverse health effects result from low dose exposures to the food contact substance; and (D) the determination of the manufacturer or supplier that the substance has not been shown, after tests which are appropriate for the evaluation of the safety of food contact substances, to cause reproductive or developmental toxicity in humans or animals.''; and (2) by striking paragraph (6) and inserting the following: ``(6) In this section-- ``(A) the term `food contact substance' means any substance intended for use as a component of materials used in manufacturing, packing, packaging, transporting, or holding food if such use is not intended to have any technical effect in such food; and ``(B) the term `reproductive or developmental toxicity' means biologically adverse effects on the reproductive systems of female or male humans or animals, including alterations to the female or male reproductive system development, the related endocrine system, fertility, pregnancy, pregnancy outcomes, or modifications in other functions that are dependent on the integrity of the reproductive system.''.	Ban Poisonous Additives Act of 2009 - Treats any food container that is composed, in whole or in part, of bisphenol A or that can release bisphenol A into food as a container that is composed of a poisonous or deleterious substance for purposes of the Federal Food, Drug, and Cosmetic Act. Bans the use of such containers. Allows the Secretary of Health and Human Services to grant a waiver of such ban for one year (renewable for an additional year) under specified circumstances. Requires any product for which the Secretary grants a waiver to display a prominent warning on its label of the potential health effects associated with bisphenol A. Directs the Commissioner of Food and Drugs to periodically review substances listed in federal regulations and generally recognized as safe. Requires any such substances that are shown by new scientific evidence to cause reproductive or developmental toxicity in humans or animals to be banned or otherwise restricted. Amends the Federal Food, Drug, and Cosmetic Act to require (currently, permits) a manufacturer or supplier of a food contact substance to notify the Secretary of the identity, intended use, and safety of any such substance and of determinations as to the health effects of such substance.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Death in Custody Reporting Act of 2009''. SEC. 2. STATE INFORMATION REGARDING INDIVIDUALS WHO DIE IN THE CUSTODY OF LAW ENFORCEMENT. (a) In General.--For each fiscal year after the expiration of the period specified in subsection (c)(1) in which a State receives funds for a program referred to in subsection (c)(2), the State shall report to the Attorney General, on a quarterly basis and pursuant to guidelines established by the Attorney General, information regarding the death of any person who is detained, under arrest, or is in the process of being arrested, is en route to be incarcerated, or is incarcerated at a municipal or county jail, State prison, State-run boot camp prison, boot camp prison that is contracted out by the State, any State or local contract facility, or other local or State correctional facility (including any juvenile facility). (b) Information Required.--The report required by this section shall contain information that, at a minimum, includes-- (1) the name, gender, race, ethnicity, and age of the deceased; (2) the date, time, and location of death; (3) the law enforcement agency that detained, arrested, or was in the process of arresting the deceased; and (4) a brief description of the circumstances surrounding the death. (c) Compliance and Ineligibility.-- (1) Compliance date.--Each State shall have not more than 120 days from the date of enactment of this Act to comply with subsection (a), except that-- (A) the Attorney General may grant an additional 120 days to a State that is making good faith efforts to comply with such subsection; and (B) the Attorney General shall waive the requirements of subsection (a) if compliance with such subsection by a State would be unconstitutional under the constitution of such State. (2) Ineligibility for funds.--For any fiscal year after the expiration of the period specified in paragraph (1), a State that fails to comply with subsection (a), shall, at the discretion of the Attorney General, be subject to not more than a 10 percent reduction of the funds that would otherwise be allocated for that fiscal year to the State under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), whether characterized as the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, the Local Government Law Enforcement Block Grants Program, the Edward Byrne Memorial Justice Assistance Grant Program, or otherwise. (d) Reallocation.--Amounts not allocated under a program referred to in subsection (c)(2) to a State for failure to fully comply with subsection (a) shall be reallocated under that program to States that have not failed to comply with such subsection. (e) Definitions.--In this section the terms ``boot camp prison'' and ``State'' have the meaning given those terms, respectively, in section 901(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3791(a)). (f) Study and Report of Information Relating to Deaths in Custody.-- (1) Study required.--The Attorney General shall carry out a study of the information reported under subsection (b) and section 3(a) to-- (A) determine means by which such information can be used to reduce the number of such deaths; and (B) examine the relationship, if any, between the number of such deaths and the actions of management of such jails, prisons, and other specified facilities relating to such deaths. (2) Report.--Not later than 2 years after the date of the enactment of this Act, the Attorney General shall prepare and submit to Congress a report that contains the findings of the study required by paragraph (1). SEC. 3. FEDERAL LAW ENFORCEMENT DEATH IN CUSTODY REPORTING REQUIREMENT. (a) In General.--For each fiscal year (beginning after the date that is 120 days after the date of the enactment of this Act), the head of each Federal law enforcement agency shall submit to the Attorney General a report (in such form and manner specified by the Attorney General) that contains information regarding the death of any person who is-- (1) detained, under arrest, or is in the process of being arrested by any officer of such Federal law enforcement agency (or by any State or local law enforcement officer while participating in and for purposes of a Federal law enforcement operation, task force, or any other Federal law enforcement capacity carried out by such Federal law enforcement agency); or (2) en route to be incarcerated or detained, or is incarcerated or detained at-- (A) any facility (including any immigration or juvenile facility) pursuant to a contract with such Federal law enforcement agency; (B) any State or local government facility used by such Federal law enforcement agency; or (C) any Federal correctional facility or Federal pre-trial detention facility located within the United States. (b) Information Required.--Each report required by this section shall include, at a minimum, the information required by section 2(b). (c) Study and Report.--Information reported under subsection (a) shall be analyzed and included in the study and report required by section 2(f). Passed the House of Representatives February 4, 2009. Attest: LORRAINE C. MILLER, Clerk.	Death in Custody Reporting Act of 2009 - Requires states that receive certain criminal justice assistance grants to report to the Attorney General on a quarterly basis certain information regarding the death of any person who is detained, arrested, en route to incarceration, or incarcerated in state or local facilities or a boot camp prison. Grants the Attorney General discretion to reduce by up to 10% the amount of the criminal justice assistance grants of states that fail to comply. Requires the head of each federal law enforcement agency to report to the Attorney General annually certain information regarding the death of any person who: (1) is detained or arrested by any officer of such agency (or by any state or local law enforcement officer for purposes of a federal law enforcement operation); or (2) is en route to be incarcerated or detained, or is incarcerated or detained, at any federal correctional facility or federal pretrial detention facility located within the United States or any other facility pursuant to a contract with or used by such agency. Requires the Attorney General to study such information and report on means by which it can be used to reduce the number of such deaths.
SECTION 1. SHORT TITLE. This Act may be cited as the ``IDEA Full Funding Act''. SEC. 2. AMENDMENT TO IDEA. Section 611(i) of the Individuals with Disabilities Education Act (20 U.S.C. 1411(i)) is amended to read as follows: ``(i) Funding.-- ``(1) In general.--For the purpose of carrying out this part, other than section 619, there are authorized to be appropriated-- ``(A) $12,872,421,000 or 17.7 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2016, and there are hereby appropriated $1,374,573,000 or 1.6 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2016, which shall become available for obligation on July 1, 2016, and shall remain available through September 30, 2017; ``(B) $14,411,326,000 or 19.4 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2017, and there are hereby appropriated $2,913,478,000 or 3.3 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2017, which shall become available for obligation on July 1, 2017, and shall remain available through September 30, 2018; ``(C) $16,134,207,000 or 21.2 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2018, and there are hereby appropriated $4,636,359,000 or 5.1 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2018, which shall become available for obligation on July 1, 2018, and shall remain available through September 30, 2019; ``(D) $18,063,059,000 or 23.2 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2019, and there are hereby appropriated $6,565,211,000 or 7.1 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2019, which shall become available for obligation on July 1, 2019, and shall remain available through September 30, 2020; ``(E) $20,222,507,000 or 25.4 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2020, and there are hereby appropriated $8,724,659,000 or 9.3 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2020, which shall become available for obligation on July 1, 2020, and shall remain available through September 30, 2021; ``(F) $22,640,117,000 or 27.8 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2021, and there are hereby appropriated $11,142,269,000 or 11.7 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2021, which shall become available for obligation on July 1, 2021, and shall remain available through September 30, 2022; ``(G) $25,346,755,000 or 30.5 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2022, and there are hereby appropriated $13,848,907,000 or 14.4 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2022, which shall become available for obligation on July 1, 2022, and shall remain available through September 30, 2023; ``(H) $28,376,972,000 or 33.4 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2023, and there are hereby appropriated $16,879,124,000 or 17.3 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2023, which shall become available for obligation on July 1, 2023, and shall remain available through September 30, 2024; ``(I) $31,769,453,000 or 36.5 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2024, and there are hereby appropriated $20,271,605,000 or 20.4 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2024, which shall become available for obligation on July 1, 2024, and shall remain available through September 30, 2025; and ``(J) $35,567,506,000 or 40 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2025 and each subsequent fiscal year, and there are hereby appropriated $35,567,506,000 or 40 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2025 and each subsequent fiscal year, which-- ``(i) shall become available for obligation with respect to fiscal year 2025 on July 1, 2025, and shall remain available through September 30, 2026; and ``(ii) shall become available for obligation with respect to each subsequent fiscal year on July 1 of that fiscal year and shall remain available through September 30 of the succeeding fiscal year. ``(2) Amount.--With respect to each subparagraph of paragraph (1), the amount determined under this paragraph is the product of-- ``(A) the total number of children with disabilities in all States who-- ``(i) received special education and related services during the last school year that concluded before the first day of the fiscal year for which the determination is made; and ``(ii) were aged-- ``(I) 3 through 5 (with respect to the States that were eligible for grants under section 619); and ``(II) 6 through 21; and ``(B) the average per-pupil expenditure in public elementary schools and secondary schools in the United States.''. SEC. 3. OFFSETS. The amounts appropriated in 611(i) of the Individuals with Disabilities Education Act (20 U.S.C. 1411(i)), as amended by section 2 of this Act, shall be expended consistent with pay-as-you-go requirements.	IDEA Full Funding Act Amends the Individuals with Disabilities Education Act (IDEA) to reauthorize and make appropriations for the grant program to assist states and outlying areas in providing special education and related services to children with disabilities. Sets the amount to be authorized and the amount to be appropriated for each fiscal year from FY2016-FY2024 as the greater of: (1) a specified amount, or (2) a specified percentage of an amount determined pursuant to a formula that multiplies the number of children receiving special education services by the average per-pupil expenditure in public elementary and secondary schools. Authorizes and appropriates funds for FY2025 and each subsequent fiscal year equal to the greater of a specified amount or 40% of the amount determined using such formula. Requires amounts appropriated to be expended consistent with pay-as-you-go requirements.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Antibullying Campaign Act of 2005''. SEC. 2. GRANTS FOR ANTIHARASSMENT PROGRAMS. (a) Grants.--The Secretary of Education shall provide a grant to each State that submits an application in accordance with subsection (c) to enable the State to establish and carry out or continue to carry out an antiharassment program as described in subsection (b). (b) Program Described.--An antiharassment program referred to in subsection (a) is a program that prohibits harassment in schools and at all school-sponsored programs or activities based on any distinguishing characteristic of an individual, including actual or perceived race, color, national origin, ethnicity, religion, disability, sexual orientation, sex, gender identity or expression, family composition or circumstance, or economic circumstance. (c) Application.-- (1) In general.--The Secretary may not make a grant to a State under this section unless the State submits to the Secretary an application that contains detailed information about the State's existing or proposed antiharassment program. Such information shall include-- (A) the State's existing or proposed prohibition on harassment; (B) the State's existing or proposed definition of harassment and any other relevant terms; and (C) a budget for the antiharassment program, including a detailed description of how amounts received under the grant will be spent. (2) Application review and approval.-- (A) In general.--Not later than 30 days after the date of submission of the State's application, the Secretary shall review and approve or disapprove the application. (B) Approval.--Not later than 30 days after the date on which the Secretary approves the State's application, the Secretary shall provide a grant to the State. (C) Disapproval.--Not later than 30 days after the date on which the Secretary disapproves the State's application, the Secretary shall inform the State in writing as to the reasons why the application was disapproved and what the State may do to correct the application and receive the Secretary's approval. (d) Matching Funds.--The Secretary may not make a grant to a State under this section unless the State agrees that it will contribute from non-Federal sources an amount equal to not less than 50 percent of the amount received under the grant to carry out the antiharassment program described in subsection (b). SEC. 3. STUDY AND REPORT. (a) Study.--The Secretary of Education shall conduct a study concerning harassment in public schools in the United States. The findings of the study shall include-- (1) the number of students who are harassed; (2) the demographics of those students who are harassed; (3) the type of harassment to which students are subjected, including-- (A) the reasons upon which the harassment was based; and (B) the type of conduct, physical or verbal, involved; (4) the number of States that have comprehensive campaigns to combat harassment; and (5) the amount of funds each State expends on antiharassment programs each year. (b) Process.--In conducting the study required by subsection (a), the Secretary shall make every effort to protect the privacy of students involved in reports of harassment. (c) Report.--Not later than one year after the date of the enactment of this Act, and annually thereafter for 3 years, the Secretary shall submit to Congress a report that contains the findings and an analysis of the study. SEC. 4. DEFINITIONS. In this Act: (1) Harassment.--The term ``harassment'' means conduct, including verbal conduct, that-- (A) creates, or would create, a hostile environment by substantially interfering with a student's educational benefits, opportunities, or performance, or with a student's physical or psychological well-being; or (B) is threatening or seriously intimidating. (2) School.--The term ``school'' means an elementary school or secondary school as those terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) Secretary.--The term ``Secretary'' means the Secretary of Education. (4) State.--The term ``State'' includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, and any other territory or possession of the United States. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act $75,000,000 for each of fiscal years 2006 through 2009. (b) Availability.--Amounts authorized to be appropriated by subsection (a) are authorized to remain available until September 30, 2009.	Antibullying Campaign Act of 2005 - Directs the Secretary of Education to make matching grants to applicant states for antiharassment programs that prohibit harassment in public schools and on public school grounds based on any distinguishing characteristic of an individual. Directs the Secretary to study and report to Congress on harassment in public schools.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Unborn Victims of Violence Act of 1999''. SEC. 2. PROTECTION OF UNBORN CHILDREN. (a) In General.--Title 18, United States Code, is amended by inserting after chapter 90 the following: ``CHAPTER 90A--PROTECTION OF UNBORN CHILDREN ``Sec. ``1841. Protection of unborn children. ``Sec. 1841. Protection of unborn children ``(a)(1) Whoever engages in conduct that violates any of the provisions of law listed in subsection (b) and thereby causes the death of, or bodily injury (as defined in section 1365) to, a child, who is in utero at the time the conduct takes place, is guilty of a separate offense under this section. ``(2)(A) Except as otherwise provided in this paragraph, the punishment for that separate offense is the same as the punishment provided under Federal law for that conduct had that injury or death occurred to the unborn child's mother. ``(B) An offense under this section does not require proof that-- ``(i) the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or ``(ii) the defendant intended to cause the death of, or bodily injury to, the unborn child. ``(C) If the person engaging in the conduct thereby intentionally kills or attempts to kill the unborn child, that person shall instead of being punished under subparagraph (A), be punished as provided under sections 1111, 1112, and 1113 of this title for intentionally killing or attempting to kill a human being. ``(D) Notwithstanding any other provision of law, the death penalty shall not be imposed for an offense under this section. ``(b) The provisions referred to in subsection (a) are the following: ``(1) Sections 36, 37, 43, 111, 112, 113, 114, 115, 229, 242, 245, 247, 248, 351, 831, 844(d), (f), (h)(1), and (i), 924(j), 930, 1111, 1112, 1113, 1114, 1116, 1118, 1119, 1120, 1121, 1153(a), 1201(a), 1203, 1365(a), 1501, 1503, 1505, 1512, 1513, 1751, 1864, 1951, 1952 (a)(1)(B), (a)(2)(B), and (a)(3)(B), 1958, 1959, 1992, 2113, 2114, 2116, 2118, 2119, 2191, 2231, 2241(a), 2245, 2261, 2261A, 2280, 2281, 2332, 2332a, 2332b, 2340A, and 2441 of this title. ``(2) Section 408(e) of the Controlled Substances Act of 1970 (21 U.S.C. 848(e)). ``(3) Section 202 of the Atomic Energy Act of 1954 (42 U.S.C. 2283). ``(c) Nothing in this section shall be construed to permit the prosecution-- ``(1) of any person for conduct relating to an abortion for which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law; ``(2) of any person for any medical treatment of the pregnant woman or her unborn child; or ``(3) of any woman with respect to her unborn child. ``(d) As used in this section, the term `unborn child' means a child in utero, and the term `child in utero' or `child, who is in utero' means a member of the species homo sapiens, at any stage of development, who is carried in the womb.''. (b) Clerical Amendment.--The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 90 the following new item: ``90A. Protection of unborn children........................ 1841''. SEC. 3. MILITARY JUSTICE SYSTEM. (a) Protection of Unborn Children.--Subchapter X of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after section 919 (article 119) the following new section: ``Sec. 919a. Art. 119a. Protection of unborn children ``(a)(1) Any person subject to this chapter who engages in conduct that violates any of the provisions of law listed in subsection (b) and thereby causes the death of, or bodily injury (as defined in section 1365 of title 18) to, a child, who is in utero at the time the conduct takes place, is guilty of a separate offense under this section. ``(2)(A) Except as otherwise provided in this paragraph, the punishment for that separate offense is the same as the punishment provided under this chapter for that conduct had that injury or death occurred to the unborn child's mother. ``(B) An offense under this section does not require proof that-- ``(i) the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or ``(ii) the accused intended to cause the death of, or bodily injury to, the unborn child. ``(C) If the person engaging in the conduct thereby intentionally kills or attempts to kill the unborn child, that person shall, instead of being punished under subparagraph (A), be punished as provided under sections 880, 918, and 919(a) of this title (articles 80, 118, and 119(a)) for intentionally killing or attempting to kill a human being. ``(D) Notwithstanding any other provision of law, the death penalty shall not be imposed for an offense under this section. ``(b) The provisions referred to in subsection (a) are sections 918, 919(a), 919(b)(2), 920(a), 922, 924, 926, and 928 of this title (articles 118, 119(a), 119(b)(2), 120(a), 122, 124, 126, and 128). ``(c) Nothing in this section shall be construed to permit the prosecution-- ``(1) of any person for conduct relating to an abortion for which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law; ``(2) of any person for any medical treatment of the pregnant woman or her unborn child; or ``(3) of any woman with respect to her unborn child. ``(d) In this section, the term `unborn child' means a child in utero, and the term `child in utero' or `child, who is in utero' means a member of the species homo sapiens, at any stage of development, who is carried in the womb.''. (b) Clerical Amendment.--The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 919 the following new item: ``919a. 119a. Protection of unborn children.''. Passed the House of Representatives September 30, 1999. Attest: JEFF TRANDAHL, Clerk.	Specifies that a violation of such provisions does not require proof that: (1) the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or (2) the defendant (or accused) intended to cause the death of, or bodily injury to, the unborn child. Directs that if the person engaging in the conduct thereby intentionally kills or attempts to kill the unborn child, that person shall be punished as provided under the Federal criminal code for intentionally killing or attempting to kill a human being.Bars prosecution under this Act: (1) of any person for conduct relating to an abortion for which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law; (2) for conduct relating to any medical treatment of the pregnant woman or her unborn child; or (3) of any woman with respect to her unborn child.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Gas Price Spike Act of 2001''. SEC. 2. WINDFALL PROFITS TAX. (a) In General.--Subtitle E of the Internal Revenue Code of 1986 (relating to alcohol, tobacco, and certain other excise taxes) is amended by adding at the end thereof the following new chapter: ``CHAPTER 55--WINDFALL PROFIT ON CRUDE OIL, NATURAL GAS, AND PRODUCTS THEREOF ``Sec. 5886. Imposition of tax. ``SEC. 5886. IMPOSITION OF TAX. ``(a) In General.--In addition to any other tax imposed under this title, there is hereby imposed an excise tax on the sale in the United States of any crude oil, natural gas, or other taxable product a tax equal to the applicable percentage of the windfall profit on such sale. ``(b) Definitions.--For purposes of this section-- ``(1) Taxable product.--The term `taxable product' means any fuel which is a product of crude oil or natural gas. ``(2) Windfall profit.--The term `windfall profit' means, with respect to any sale, so much of the profit on such sale as exceeds a reasonable profit. ``(3) Applicable percentage.--The term `applicable percentage' means-- ``(A) 50 percent to the extent that the profit on the sale exceeds 100 percent of the reasonable profit on the sale but does not exceed 102 percent of the reasonable profit on the sale, ``(B) 75 percent to the extent that the profit on the sale exceeds 102 percent of the reasonable profit on the sale but does not exceed 105 percent of the reasonable profit on the sale, and ``(C) 100 percent to the extent that the profit on the sale exceeds 105 percent of the reasonable profit on the sale. ``(4) Reasonable profit.--The term `reasonable profit' means the amount determined by the Reasonable Profits Board to be a reasonable profit on the sale. ``(c) Liability for Payment of Tax.--The taxes imposed by subsection (a) shall be paid by the seller.'' (b) Clerical Amendment.--The table of chapters for subtitle E of such Code is amended by adding at the end the following new item: ``Chapter 55. Windfall profit on crude oil and refined petroleum products.'' (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 3. CREDIT FOR PURCHASING FUEL EFFICIENT AMERICAN-MADE PASSENGER VEHICLES. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25A the following new section: ``SEC. 25B. PURCHASE OF FUEL-EFFICIENT AMERICAN-MADE PASSENGER VEHICLES. ``(a) In General.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the cost of any qualified passenger vehicle purchased by the taxpayer during the taxable year. ``(b) Maximum Credit.--The credit allowed by this section for the taxable year shall not exceed-- ``(1) $3,000 in the case of a qualified passenger vehicle not described in paragraph (2) or (3), ``(2) $4,500 in the case of a qualified passenger vehicle the fuel economy of which is-- ``(A) in the case a truck or sport utility vehicle, at least 45 miles per gallon but less than 55 miles per gallon, and ``(B) in any other case, at least 55 miles per gallon but less than 65 miles per gallon, and ``(3) $6,000 in the case of a qualified passenger vehicle the fuel economy of which is-- ``(A) in the case a truck or sport utility vehicle, at least 55 miles per gallon, and ``(B) in any other case, at least 65 miles per gallon. ``(c) Qualified Passenger Vehicle.--For purposes of this section-- ``(1) In general.--The term `qualified automobile' means any automobile (as defined in section 4064(b))-- ``(A) which is purchased after the date of the enactment of this section, ``(B) which is assembled in the United States by individuals employed under a collective bargaining agreement, ``(C) the original use of which begins with the taxpayer, ``(D) substantially all of the use of which is for personal, nonbusiness purposes, and ``(E) the fuel economy of such automobile is-- ``(i) at least 35 miles per gallon in the case a truck or sport utility vehicle, and ``(ii) at least 45 miles per gallon in any other case. ``(2) Fuel economy.--Fuel economy shall be determined in accordance with section 4064. ``(d) Special Rules.-- ``(1) Basis reduction.--The basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit. ``(2) Property used outside united states not qualified.-- No credit shall be allowed under subsection (a) with respect to any property referred to in section 50(b).'' (b) Clerical Amendment.--The table of sections for such subpart A is amended by inserting after the item relating to section 25A the following new item: ``Sec. 25B. Purchase of fuel-efficient American-made passenger vehicles.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 4. MASS TRANSIT FARE REDUCTIONS DURING GAS PRICE SPIKES. (a) In General.--The Secretary of Transportation may make grants to the operator of a mass transit system to assist the operator in reducing fares paid by passengers using the system. (b) Use of Grants.--Grants received under the program shall be used solely for implementing a fare reduction described in subsection (a) that is applied equally to all passengers using the mass transit system. (c) Mass Transit System Defined.--In this section, the term ``mass transit system'' includes bus and commuter rail systems. (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section in a fiscal year amounts equivalent to the excess (if any) of-- (1) the revenues received during the preceding fiscal year pursuant to chapter 55 of the Internal Revenue Code of 1986 (relating to windfall profit on crude oil and refined petroleum products), over (2) the revenue cost for such fiscal year of section 25B of such Code (relating to purchase of fuel-efficient American-made passenger vehicles). Amounts authorized under the preceding sentence shall remain available until expended. SEC. 5. REASONABLE PROFITS BOARD. (a) Establishment.--There is established an independent board to be known as the ``Reasonable Profits Board'' (hereafter in this section referred to as the ``Board''). (b) Duties.--The Board shall make reasonable profit determinations for purposes of applying section 5886 of the Internal Revenue Code of 1986 (relating to windfall profit on crude oil, natural gas, and products thereof). (c) Advisory Committee.--The Board shall be considered an advisory committee within the meaning of the Federal Advisory Committee Act (5 U.S.C. App.). (d) Appointment.-- (1) Members.--The Board shall be composed of 3 members appointed by the President of the United States. (2) Term.--Members of the Board shall be appointed for a term of 3 years. (3) Background.--The members shall have no financial interests in any of the businesses for which reasonable profits are determined by the Board. (e) Pay and Travel Expenses.-- (1) Pay.--Notwithstanding section 7 of the Federal Advisory Committee Act (5 U.S.C. App.), members of the Board shall be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the actual performance of duties vested in the Board. (2) Travel expenses.--Members shall receive travel expenses, including per diem in lieu of subsistence, in accordance with section 5702 and 5703 of title 5, United States Code. (f) Director of Staff.-- (1) Qualifications.--The Board shall appoint a Director who has no financial interests in any of the businesses for which reasonable profits are determined by the Board. (2) Pay.--Notwithstanding section 7 of the Federal Advisory Committee Act (5 U.S.C. App.), the Director shall be paid at the rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (g) Staff.-- (1) Additional personnel.--The Director, with the approval of the Board, may appoint and fix the pay of additional personnel. (2) Appointments.--The Director may make such appointments without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and any personnel so appointed may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (3) Detailees.--Upon the request of the Director, the head of any Federal department or agency may detail any of the personnel of that department or agency to the Board to assist the Board in accordance with an agreement entered into with the Board. (4) Assistance.--The Comptroller General of the United States may provide assistance, including the detailing of employees, to the Board in accordance with an agreement entered into with the Board. (h) Other Authority.-- (1) Experts and consultants.--The Board may procure by contract, to the extent funds are available, the temporary or intermittent services of experts or consultants pursuant to section 3109 of title 5, United States Code. (2) Leasing.--The Board may lease space and acquire personal property to the extent that funds are available. (i) Funding.--There are authorized to be appropriated such funds as are necessary to carry out this section. SEC. 6. LOWER GASOLINE PRICES THROUGH TECHNOLOGY ACCESS. Section 308 of the Clean Air Act (42 U.S.C. 7608) is amended by striking ``or 202'' and inserting ``202, or 211''.	Gas Price Spike Act of 2001 - Amends the Internal Revenue Code to impose an excise tax on the sale of any crude oil, natural gas, or products thereof a tax equal to the applicable percentage of the windfall profit on such sale. Defines "applicable percentage."Establishes a credit for the purchase of U.S.- made fuel efficient passenger vehicles.Authorizes the Secretary of Transportation to make grants to the operator of a mass transit system to assist the operator in reducing fares paid by passengers using the system which shall be paid for by revenues from the windfall profits tax.Establishes an independent board to be known as the Reasonable Profits Board to make reasonable profit determinations with respect to the windfall profit tax.
SECTION 1. HOUSE OF REPRESENTATIVES ELECTION LIMITATION ON CONTRIBUTIONS FROM PERSONS OTHER THAN LOCAL INDIVIDUAL RESIDENTS. Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a) is amended by adding at the end the following new subsection: ``(i) A candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress may not, with respect to a reporting period for an election, accept contributions-- ``(1) from persons other than individual residents of the congressional district involved in excess of 50 percent of the total of contributions accepted; or ``(2) from persons other than individual residents of the State in which the congressional district involved is located in excess of 10 percent of the total of contributions accepted.''. SEC. 2. REDUCTION IN LIMITATION AMOUNT APPLICABLE TO CONTRIBUTIONS BY A MULTICANDIDATE POLITICAL COMMITTEE TO A HOUSE OF REPRESENTATIVES CANDIDATE. Section 315(a)(2)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(2)(A)) is amended by inserting after ``$5,000'' the following: ``, except that in the case of an election for the office of Representative in, or Delegate or Resident Commissioner to, the Congress, the limitation shall be $1,000''. SEC. 3. BAN ON SOFT MONEY. (a) In General.--Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the following new section: ``limitations and reporting requirements for amounts paid for mixed political activities ``Sec. 323. (a) Any payment by the national committee of a political party or a State committee of a political party for a mixed political activity-- ``(1) shall be subject to limitation and reporting under this Act as if such payment were an expenditure; and ``(2) may be paid only from an account that is subject to the requirements of this Act. ``(b) As used in this section, the term `mixed political activity' means, with respect to a payment by the national committee of a political party or a State committee of a political party, an activity, such as a voter registration program, a get-out-the-vote drive, or general political advertising, that is both (1) for the purpose of influencing an election for Federal office, and (2) for any purpose unrelated to influencing an election for Federal office.''. (b) Repeal of Building Fund Exception to the Definition of the Term ``Contribution''.--Section 301(8)(B) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(8)(B)) is amended-- (1) by striking out clause (viii); and (2) by redesignating clauses (ix) through (xiv) as clauses (viii) through (xiii), respectively. SEC. 4. AMENDMENTS TO COMMUNICATIONS ACT OF 1934. Section 315 of the Communications Act of 1934 (47 U.S.C. 315) is amended-- (1) in subsection (b)(1)-- (A) by striking ``forty-five'' and inserting ``30''; (B) by striking ``sixty'' and inserting ``45''; and (C) by striking ``lowest unit charge of the station for the same class and amount of time for the same period'' and insert ``lowest charge of the station for the same amount of time for the same period''; (2) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; (3) by inserting immediately after subsection (b) the following new subsection: ``(c)(1) Except as provided in paragraph (2), a licensee shall not preempt the use, during any period specified in subsection (b)(1), of a broadcasting station by a legally qualified candidate for public office who has purchased and paid for such use pursuant to the provisions of subsection (b)(1). ``(2) If a program to be broadcast by a broadcasting station is preempted because of circumstances beyond the control of the broadcasting station, any candidate advertising spot scheduled to be broadcast during that program may also be preempted.''; and (4) in subsection (d) (as redesignated by paragraph (2) of this section)-- (A) by striking ``and'' at the end of paragraph (1); (B) by striking the period at the end of paragraph (2) and inserting ``; and''; and (C) by adding at the end thereof the following new paragraph: ``(3) a station's lowest charge for purposes of paragraph (1)-- ``(A) with respect to a primary or primary runoff election, is determined for the interval beginning 60 days before such election and ending on the date of that election; and ``(B) with respect to a general or special election, is determined for the interval beginning 90 days before such election and ending on the date of that election.''.	Amends the Federal Election Campaign Act of 1971 to limit contributions to House of Representatives elections from persons other than local individual residents. Reduces maximum House contribution amounts from multicandidate political committees (PACs). Sets forth limitations and reporting requirements for amounts paid for mixed political activities ("soft money"). Amends the Communications Act of 1934 to require a broadcast station to make broadcast time available to all House and Senate candidates in the last 30 (currently 45) days before a primary and the last 45 (currently 60) days before a general election, at the lowest unit charge of the station for the same amount of time (currently, the same class and amount of time) for the same period on the same date. Prohibits broadcasters from preempting advertisements sold to political candidates at the lowest unit rate, unless the preemption is beyond the broadcaster's control.
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Defend the American Dream Act of 2005''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Wage determination. Sec. 3. Good faith recruitment requirement. Sec. 4. Notice requirement. Sec. 5. Reduction of period of authorized admission as H-1B nonimmigrant. Sec. 6. Removal of exemption from H-1B numerical limitation for certain aliens. Sec. 7. Requirement of a degree from certain institutions for H-1B specialty occupation nonimmigrants. Sec. 8. Tripling H-1B nonimmigrant petitioner fee. Sec. 9. Labor enforcement. Sec. 10. Private right of action. Sec. 11. Application of nondisplacement requirement to all H-1B employers. SEC. 2. WAGE DETERMINATION. (a) Change in Minimum Wages.--Section 212(n)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(A)) is amended to read as follows: ``(A) The employer-- ``(i) is offering and will offer during the period of authorized employment to aliens admitted or provided status as an H-1B nonimmigrant wages that are at least-- ``(I) the locally determined prevailing wage level for the occupational classification in the area of employment; ``(II) the median average wage for all workers in the occupational classification in the area of employment; or ``(III) the median wage for skill level two in the occupational classification found in the most recent Occupational Employment Statistics survey; whichever is greatest, based on the best information available as of the time of filing of the application; and ``(ii) will provide working conditions for such nonimmigrant that will not adversely affect the working conditions of workers similarly employed. The wage determination methodology used under clause (i) shall be submitted with the application.''. (b) Provision of W-2 Forms.--Section 212(n)(1) of such Act (8 U.S.C. 1182(n)(1)) is amended by inserting after subparagraph (G) the following new subparagraph: ``(H) If the employer employed, in such previous period as the Secretary shall specify, one or more H-1B nonimmigrants, the application shall be accompanied by the Internal Revenue Service Form W-2 Wage and Tax Statement filed by the employer with respect to such nonimmigrants for such period.''. (c) Effective Date.--The amendments made by this section shall apply to applications filed on or after the date of the enactment of this Act. SEC. 3. GOOD FAITH RECRUITMENT REQUIREMENT. (a) Extending Time Period for No Displacement.--Section 212(n) of the Immigration and Nationality Act (8 U.S.C. 1182(n)) is amended-- (1) in paragraph (1)(E)(i), by striking ``90 days'' and inserting ``180 days'' each place it appears; and (2) in paragraph (2)(C)(iii), in the matter before subclause (I), by striking ``90 days'' and inserting ``180 days'' each place it appears. (b) Requiring Active Recruitment.--Section 212(n)(1)(G)(i)(I) of such Act (8 U.S.C. 1182(n)(1)(G)(i)(I)) is amended by inserting ``actively'' before ``recruit''. (c) Prohibition of Outplacement.--Section 212(n) of such Act (8 U.S.C. 1182(n)) is amended-- (1) by amending subparagraph (F) of paragraph (1) to read as follows: ``(F) The employer shall not place, out-source, lease, or otherwise contract for the placement of an alien admitted or provided status as an H-1B nonimmigrant with another employer, regardless of whether or not such other employer is an H-1B- dependent employer.''; and (2) by striking subparagraph (E) of paragraph (2). (d) Effective Date.--The amendments made by this section shall apply to applications filed on or after the date of the enactment of this Act, except that the amendments made by subsection (a) shall not apply to displacements for periods occurring more than 90 days before such date. SEC. 4. NOTICE REQUIREMENT. (a) In General.--Section 212(n) of the Immigration and Nationality Act (8 U.S.C. 1182(n)) is further amended-- (1) in paragraph (1), in the matter preceding subparagraph (A), by inserting ``and the employer certifies that the prior notice requirement of paragraph (6) has been met with respect to the application''; and (2) by adding at the end the following new paragraph: ``(6) For purposes of paragraph (1), the prior notice requirement of this paragraph, with respect to an application of an employer, is that employer has made copies of the application (or, a summary of essential information derived from such application, including the number of H-1B nonimmigrants being sought, their occupational classifications, the wages offered, the period of intended employment, the locations at which they will be employed, and a statement that a copy of the application is available for public inspection in conspicuous locations at the employer's principal place of business and at worksites where H-1B nonimmigrants will be employed) accessible for examination by affected United States and foreign workers at least 30 days in advance of the filing of the application with the Secretary of Labor through-- ``(A) posting of such application (or summary) in conspicuous locations at worksites where H-1B nonimmigrants will be employed; ``(B) electronic notification to employees in the occupational classifications for which H-1B nnimmigrants are being sought; and ``(C) provision of a copy of the application to each H-1B nonimmigrant on whose behalf the application is being filed.''. (b) Effective Date.--The amendments made by subsection (a) shall apply to applications filed more than 30 days after the date of the enactment of this Act. SEC. 5. REDUCTION OF PERIOD OF AUTHORIZED ADMISSION AS H-1B NONIMMIGRANT. (a) In General.--Section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(4)) is amended by striking ``6 years'' and inserting ``3 years''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to the period of authorized admission of an alien as an H-1B nonimmigrant under section 101(a)(15)(H)(i)(B) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(B)) that begins on or after the date of the enactment of this Act. SEC. 6. REMOVAL OF EXEMPTION FROM H-1B NUMERICAL LIMITATION FOR CERTAIN ALIENS. (a) In General.--Section 214(g)(5) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(5)) is amended-- (1) in subparagraph (A), by adding ``or'' after the semicolon; (2) in subparagraph (B), by striking ``; or'' and inserting a period; and (3) by striking subparagraph (C). (b) Effective Date.--The amendments made by subsection (a) shall apply to the issuance of a visa (or other provision of status) under section 101(a)(15)(H)(i)(B) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(B)) on or after the first day of the first fiscal year beginning after the date of the enactment of this Act. SEC. 7. REQUIREMENT OF A DEGREE FROM CERTAIN INSTITUTIONS FOR H-1B SPECIALTY OCCUPATION NONIMMIGRANTS. (a) In General.--Section 214(i)(2) of the Immigration and Nationality Act (8 U.S.C. 1184(i)(2)) is amended-- (1) in subparagraph (A), by adding ``or'' at the end; (2) in subparagraph (B), by inserting ``, from a bona fide educational institution in the United States or from an educational institution that is at least equivalent to such an institution in the United States,'' after ``paragraph (1)(B)''; (3) in subparagraph (B), by striking ``, or'' and inserting a period; and (4) by striking subparagraph (C). (b) Effective Date.--The amendments made by subsection (a) shall apply to applications filed on or after the date of the enactment of this Act. SEC. 8. TRIPLING H-1B NONIMMIGRANT PETITIONER FEE. (a) In General.--Section 214(c)(9)(B) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(9)(B)) is amended by striking ``$1,500'' and inserting ``$4,500''. (b) Technical Amendment.--Section 214(c)(9)(A) of such Act (8 U.S.C. 1184(c)(9)(A)) is amended, in the matter preceding clause (i), by striking ``before''. (c) Effective Date.--The amendment made by subsection (a) shall apply to petitions filed on or after the date of the enactment of this Act. SEC. 9. LABOR ENFORCEMENT. (a) Centralization of Administrative and Enforcement Functions.-- Section 212(n)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(2)) is amended by adding at the end the following new subparagraph: ``(J) The Secretary shall be responsible under this paragraph for investigations of wage complaints, as well as investigations of allegations of fraud in the filing of applications under this subsection.''. (b) Audits.--Section 212(n)(2)(A) of such Act (8 U.S.C. 1182(n)(2)(A)) is amended by adding at the end the following: ``In addition, the Secretary may conduct surveys of the level of compliance by employers with the provisions and requirements of this subsection and may conduct annual compliance audits in the case of employers that employ H-1B nonimmigrants. In the case of an employer that employs H-1B nonimmigrants that represent 15 percent or more of the total number of individuals employed by the employer, the Secretary shall conduct annual compliance audits of such employer.''. SEC. 10. PRIVATE RIGHT OF ACTION. (a) In General.--Section 212(n)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(2)), as amended by section 8(a), is further amended by adding at the end the following new subparagraph: ``(K) In addition to any other remedies available under this paragraph, a person who is harmed by a violation by an employer of a requirement of this subsection may bring a civil action against the employer in any court of competent jurisdiction for damages or other appropriate relief.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to violations occurring on or after the date of the enactment of this Act. SEC. 11. APPLICATION OF NONDISPLACEMENT REQUIREMENT TO ALL H-1B EMPLOYERS. (a) In General.--Section 212(n)(1)(E)(ii) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(E)(ii)) is amended by striking ``an H-1B dependent employer (as defined in paragraph (3))'' and inserting ``an employer that employs H-1B non-immigrants''. (b) Effective Date.--The amendments made by this section shall apply to applications filed on or after the date of the enactment of this Act.	Defend the American Dream Act of 2005 - Amends the Immigration and Nationality Act to require employers of H-1B (specialty occupations) nonimmigrants to use one of three specified methods (whichever results in the highest wages) to determine wages for purposes of required wage attestations. Requires such employers who previously employed one or more H-1B nonimmigrants to submit with their labor condition application (LCA) a copy of the W-2 Wage and Tax Statement filed with respect to those nonimmigrants. Extends to 180 days the period during which certain H-1B employers must show nondisplacement of U.S. workers. Requires such employers to actively engage in recruitment efforts. Prohibits such employers from outsourcing or otherwise contracting for the placement of an H-1B nonimmigrant with another employer, regardless of whether the other employer is H-1B dependent employer. Sets forth prior notice requirements. Reduces the period of H-1B authorized admission to three years. Eliminates the exemption from H-1B numerical admission limitations for certain aliens with a U.S. master's or higher degree. Revises the H-1B definition of "specialty occupation." Triples the H-1B petitioner fee. Requires the Secretary of Labor to be responsible for investigations of wage complaints and allegations of fraud in the filing of LCAs. Creates a private right of action for persons harmed by an employer's violation of labor condition requirements. Applies the nondisplacement requirement to all H-1B employers.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Affordable College Textbook Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The high cost of college textbooks continues to be a barrier for many students in achieving higher education. (2) According to the College Board, during the 2014-2015 academic year, the average student budget for college books and supplies at 4-year public institutions of higher education was $1,225. (3) The Government Accountability Office found that new textbook prices increased 82 percent between 2002 and 2012 and that although Federal efforts to increase price transparency have provided students and families with more and better information, more must be done to address rising costs. (4) The growth of the Internet has enabled the creation and sharing of digital content, including open educational resources that can be freely used by students, teachers, and members of the public. (5) Using open educational resources in place of traditional materials in large-enrollment college courses can reduce textbook costs by 80 to 100 percent. (6) Federal investment in expanding the use of open educational resources could significantly lower college textbook costs and reduce financial barriers to higher education, while making efficient use of taxpayer funds. SEC. 3. DEFINITIONS. In this Act: (1) Educational resource.--The term ``educational resource'' means an educational material that can be used in postsecondary instruction, including textbooks and other written or audiovisual works. (2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (3) Open educational resource.--The term ``open educational resource'' means an educational resource that either is in the public domain or is made available under a permanent copyright license to the public to freely adapt, distribute, and otherwise use the work with attribution to the author as designated. (4) Open textbook.--The term ``open textbook'' means an open educational resource or set of open educational resources that either is a textbook or can be used in place of a textbook for a postsecondary course at an institution of higher education. (5) Relevant faculty.--The term ``relevant faculty'' means both tenure track and contingent faculty members who may be involved in the creation of open educational resources or the use of open educational resources created as part of the grant application. (6) Secretary.--The term ``Secretary'' means the Secretary of Education. SEC. 4. GRANT PROGRAM. (a) Grants Authorized.--From the amounts appropriated under subsection (i), the Secretary shall make grants, on a competitive basis, to eligible entities to support pilot programs that expand the use of open textbooks in order to achieve savings for students. (b) Eligible Entity.--In this section, the term ``eligible entity'' means an institution of higher education or group of institutions of higher education. (c) Applications.-- (1) In general.--Each eligible entity desiring a grant under this section, after consultation with relevant faculty, shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (2) Contents.--Each application submitted under paragraph (1) shall include a description of the project to be completed with grant funds and-- (A) a plan for promoting and tracking the use of open textbooks in postsecondary courses offered by the eligible entity, including an estimate of the projected savings that will be achieved for students; (B) a plan for evaluating, before creating new open educational resources, whether existing open educational resources could be used or adapted for the same purpose; (C) a plan for quality review and review of accuracy of any open educational resources to be created or adapted through the grant; (D) a plan for disseminating information about the results of the project to institutions of higher education outside of the eligible entity, including promoting the adoption of any open textbooks created or adapted through the grant; and (E) a statement on consultation with relevant faculty, including those engaged in the creation of open educational resources, in the development of the application. (d) Special Consideration.--In awarding grants under this section, the Secretary shall give special consideration to applications that demonstrate the greatest potential to-- (1) achieve the highest level of savings for students through sustainable expanded use of open textbooks in postsecondary courses offered by the eligible entity; (2) expand the use of open textbooks at institutions of higher education outside of the eligible entity; and (3) produce-- (A) the highest quality open textbooks; (B) open textbooks that can be most easily utilized and adapted by faculty members at institutions of higher education; (C) open textbooks that correspond to the highest enrollment courses at institutions of higher education; and (D) open textbooks created or adapted in partnership with entities, including campus bookstores, that will assist in marketing and distribution of the open textbook. (e) Use of Funds.--An eligible entity that receives a grant under this section shall use the grant funds to carry out any of the following activities to expand the use of open textbooks: (1) Professional development for any faculty and staff members at institutions of higher education, including the search for and review of open textbooks. (2) Creation or adaptation of open educational resources, especially open textbooks. (3) Development or improvement of tools and informational resources that support the use of open textbooks. (4) Research evaluating the efficacy of the use of open textbooks for achieving savings for students. (5) Partnerships with other entities, including other institutions of higher education, for-profit organizations, or nonprofit organizations, to carry out any of the activities described in paragraphs (1) through (4). (f) License.--Educational resources created under subsection (e) shall be licensed under a non-exclusive, permanent license to the public to exercise any of the rights under copyright conditioned only on the requirement that attribution be given as directed by the copyright owner. (g) Access and Distribution.--The full and complete digital content of each educational resource created or adapted under subsection (e) shall be made available free of charge to the public-- (1) on an easily accessible and interoperable website, which shall be identified to the Secretary by the eligible entity; and (2) in a machine readable, digital format that anyone can directly download, edit with attribution, and redistribute. (h) Report.--Upon an eligible entity's completion of a project supported under this section, the eligible entity shall prepare and submit a report to the Secretary regarding-- (1) the effectiveness of the pilot program in expanding the use of open textbooks and in achieving savings for students; (2) the impact of the pilot program on expanding the use of open textbooks at institutions of higher education outside of the eligible entity; (3) educational resources created or adapted under the grant, including instructions on where the public can access each educational resource under the terms of subsection (g); and (4) all project costs, including the value of any volunteer labor and institutional capital used for the project. (i) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section for each of the 5 succeeding fiscal years after the enactment of this Act. SEC. 5. PRICE INFORMATION. Section 133(b) of the Higher Education Act of 1965 (20 U.S.C. 1015b(b)) is amended-- (1) by striking paragraph (6); and (2) in paragraph (9); (A) by striking subparagraphs (A) and (B); and (B) by striking ``a college textbook that--'' and inserting ``a college textbook that may include printed materials, computer disks, website access, and electronically distributed materials.''. SEC. 6. SENSE OF CONGRESS. It is the sense of Congress that institutions of higher education should encourage the consideration of open textbooks by faculty within the generally accepted principles of academic freedom that establishes the right and responsibility of faculty members, individually and collectively, to select course materials that are pedagogically most appropriate for their classes. SEC. 7. REPORT TO CONGRESS. Not later than 2 years after the date of enactment of this Act, the Secretary shall prepare and submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives detailing-- (1) the open textbooks created or adapted under this Act; (2) the adoption of such open textbooks; and (3) the savings generated for students, States, and the Federal Government through the use of open textbooks. SEC. 8. GAO REPORT. Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall prepare and submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives on the cost of textbooks to students at institutions of higher education. The report shall particularly examine-- (1) the change of the cost of textbooks; (2) the factors that have contributed to the change of the cost of textbooks; (3) the extent to which open textbooks are used at institutions of higher education; and (4) the impact of open textbooks on the cost of textbooks.	Affordable College Textbook Act This bill directs the Department of Education (ED) to make competitive grants to institutions of higher education (IHEs) to support pilot programs that expand the use of open textbooks in order to achieve savings for students. It requires the full and complete digital content of the educational resources created or adopted using grant funds to be made available free of charge to the public: (1) on an easily accessible and interoperable website; and (2) in a machine readable, digital format that anyone can directly download, edit with attribution, and redistribute. ED must give special consideration to grant applicants that demonstrate the greatest potential to: achieve the highest level of savings for students; expand the use of open textbooks at other IHEs; and produce open textbooks that are of the highest quality, that can be most easily utilized and adapted by faculty members, that correspond to the highest enrollment courses, and that are created or adopted in partnership with entities that will assist in their marketing and distribution. The bill amends the Higher Education Act of 1965 to include any educational material developed to accompany a college textbook as supplemental material that is subject to college textbook information disclosure requirements.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Thirteenth Amendment Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The economic contributions of enslaved African Americans to the American economy between 1691 and 1860 were immeasurable. This labor force was used to build the foundations upon which America stands today. (2) From the 16th through the 19th centuries, most colonial economies in the Americas were dependent on human-trafficking and the use of enslaved African labor for their survival. This included the North American mercantile and shipping sectors that were dependent on slave-produced cotton, rice, sugar and indigo, and the profits derived from triangular trade with the West Indies, Africa, and Europe. (3) Enslaved Africans in the United States were also recognized as an important element in the political and economic capital in the nation's political economy. (4) Over the course of 246 years, slaves contributed an estimated 605 billion hours of forced free labor, the gain from which provided ``seed capital'' for the American economy, helped finance the birth of American finance and industrial sectors, contributed to the growth of most of the ``Fortune 500'' companies, and ultimately assisted the nation in financing both world wars. (5) During the Civil War, after Union forces repelled a Confederate invasion at the battle of Antietam in 1862, President Abraham Lincoln issued the Emancipation Proclamation, which declared that all slaves in states then in rebellion would be ``forever free'' as of January 1, 1863. By his action, Lincoln added a new and revolutionary dimension to the nation's war aims: from being a conflict to preserve the Union, the Civil War grew to be a crusade to end black slavery and fulfill the promise of the Declaration of Independence. (6) In the spring of 1864, Charles Sumner introduced an anti-slavery amendment in the Senate, much like the amendments that were introduced in the House by Representatives James Ashley and James Wilson in December of 1863, which declared all persons as equal, prohibited the slavery, and granted Congress the power to enforce these provisions. After extensive debate, the 13th Amendment was formed from this proposal, with the omission of the declaration of equality of all persons, and passed the Senate on April 8, 1864, by a vote of 38-6. (7) Debates between abolitionists and supporters of slavery focused on the moral issue of slavery and various interpretations of ``natural law''. Representative John Farnsworth of Illinois stated that ``the old fathers who made the constitution believed that slavery was at war with the rights of human nature'', and pointed out the contradiction between the existence of inalienable rights and the institution of slavery. Some members within the Republican Party, such as Charles Sumner, sought an interpretation of the Constitution that rejected slavery as incompatible with moral law. (8) President Lincoln took an active role in promoting the 13th Amendment in Congress. He ensured that the Republican Party's 1864 election platform included a provision supporting a constitutional amendment to ``terminate and forever prohibit the existence of Slavery''. His efforts were met with success when the House passed the bill on January 31, 1865, with a vote of 119-56. (9) On February 1, 1865, Illinois became the first state to ratify the proposed 13th Amendment; it was joined by 17 other states by the end of the month. Georgia ratified on December 6, 1865, becoming the 27th of 36 states to approve the Amendment, thus achieving the constitutional requirement that it be ratified by three-fourths of the states. Secretary of State William Seward declared the 13th Amendment to be part of the Constitution on December 18. (10) The Smithsonian National Museum of African American History and Culture (hereafter referred to in this section as the ``NMAAHC'') was established by an Act of Congress in 2003, in Public Law 108-184. (11) It is fitting that the NMAAHC receive the surcharges from the sale of coins issued under this Act because the Museum is devoted to the documentation of African American life, and, among other areas, encompasses the period of slavery and the era of Reconstruction. (12) The surcharge proceeds from the sale of a commemorative coin, which would have no net cost to the taxpayers, would raise valuable funding to supplement the endowment and educational outreach funds of the NMAAHC. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins in commemoration of the Sesquicentennial Anniversary of the passage of the 13th Amendment: (1) $50 bi-metallic platinum and gold coins.--Not more than 250,000 $50 coins, which shall-- (A) have a weight, diameter, and thickness determined by the Secretary; and (B) contain platinum and .9167 pure gold. (2) $20 gold coins.--Not more than 250,000 $20 coins, which shall-- (A) weigh 33.931 grams; (B) have a diameter of 32.7 millimeters; and (C) contain .900 pure gold. (3) $1 silver coins.--Not more than 500,000 $1 coins, which shall-- (A) weigh 31.103 grams; (B) have a diameter of 40.6 millimeters; and (C) contain .999 fine silver. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For the purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) In General.--The design of the coins minted under this Act shall be emblematic of the Thirteenth Amendment and the abolishment of slavery in America. (b) Designation and Inscriptions.--On each coin minted under this Act there shall be-- (1) a designation of the value of the coin; (2) an inscription of the year ``1865-2015''; and (3) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (c) Selection.--The design for the coins minted under this Act-- (1) shall be based on the economic contributions of slavery, and include images of the pathway from slavery to freedom; (2) may include, on the $20 coins, that the design elements be in high relief; (3) may include, on the $50 coins-- (A) on the obverse, an illustration of Columbia or similar figure representing Liberty, the female representation of America; and (B) on the reverse, a single eagle, and a set of stars on one or both sides; (4) shall be selected by the Secretary after consultation with the Commission of Fine Arts; and (5) shall be reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Period of Issuance.--The Secretary may issue coins minted under this Act only during the calendar year beginning January 1, 2016, except that the Secretary may initiate sales of such coins, without issuance, before such date. (c) Minting in 2016.--Notwithstanding section 5112(d)(1) of title 31, United States Code, the Secretary may continue to mint the coins under this Act in the year 2016. SEC. 6. SALE OF COINS. (a) Sales Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge required under section 7(a) with respect to such coins; and (3) the cost of designing and issuing such coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders at a Discount.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sales prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) Surcharge Required.--All sales of coins under this Act shall include a surcharge of $10 per coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Smithsonian National Museum of African American History and Culture to carry out the purposes of the museum, which goes beyond simply telling the history of African Americans, creating an opportunity for anyone who cares about African American Culture a place to explore, learn, and revel in the rich history of African American Culture. (c) Audits.--The Smithsonian National Museum of African American History and Culture shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code. The Secretary of the Treasury may issue guidance to carry out this subsection. SEC. 8. FINANCIAL ASSURANCES. The Secretary shall take such actions as may be necessary to ensure that-- (1) minting and issuing coins under this Act will not result in any net cost to the United States Government; and (2) no funds, including applicable surcharges, are disbursed to any recipient designated in section 7 until the total cost of designing and issuing all of the coins authorized by this Act is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code.	Thirteenth Amendment Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue the following coins in commemoration of the sesquicentennial anniversary of the passage of the Thirteenth Amendment to the Constitution (formally abolished slavery in the United States): up to 250,000 $50 bi-metallic platinum and gold coins, up to 250,000 $20 gold coins, and up to 500,000 $1 silver coins. Requires such coins to be considered legal tender and numismatic items. Permits the Secretary to issue such coins only during the calendar year beginning January 1, 2016, except that sales may be initiated, without issuance, before such date. Requires specified surcharges received by the Secretary from the sale of such coins to be paid to the Smithsonian National Museum of African American History and Culture. Directs the Secretary to ensure that: (1) the minting and issuing of such coins will not result in any net cost to the U.S. government; and (2) no funds, including applicable surcharges, are disbursed to the Museum until the total cost of designing and issuing all such coins is recovered by the Treasury.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Custody Protection Act''. SEC. 2. TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS RELATING TO ABORTION. Title 18, United States Code, is amended by inserting after chapter 117 the following: ``CHAPTER 117A--TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS RELATING TO ABORTION ``Sec. ``2431. Transportation of minors in circumvention of certain laws relating to abortion. ``2432. Transportation of minors in circumvention of certain laws relating to abortion. ``Sec. 2431. Transportation of minors in circumvention of certain laws relating to abortion ``(a) Offense.-- ``(1) Generally.--Except as provided in subsection (b), whoever knowingly transports a minor across a State line, with the intent that such minor obtain an abortion, and thereby in fact abridges the right of a parent under a law requiring parental involvement in a minor's abortion decision, in force in the State where the minor resides, shall be fined under this title or imprisoned not more than one year, or both. ``(2) Definition.--For the purposes of this subsection, an abridgement of the right of a parent occurs if an abortion is performed or induced on the minor, in a State or a foreign nation other than the State where the minor resides, without the parental consent or notification, or the judicial authorization, that would have been required by that law had the abortion been performed in the State where the minor resides. ``(b) Exceptions.-- ``(1) The prohibition of subsection (a) does not apply if the abortion was necessary to save the life of the minor because her life was endangered by a physical disorder, physical injury, or physical illness, including a life endangering physical condition caused by or arising from the pregnancy itself. ``(2) A minor transported in violation of this section, and any parent of that minor, may not be prosecuted or sued for a violation of this section, a conspiracy to violate this section, or an offense under section 2 or 3 based on a violation of this section. ``(c) Affirmative Defense.--It is an affirmative defense to a prosecution for an offense, or to a civil action, based on a violation of this section that the defendant-- ``(1) reasonably believed, based on information the defendant obtained directly from a parent of the minor, that before the minor obtained the abortion, the parental consent or notification took place that would have been required by the law requiring parental involvement in a minor's abortion decision, had the abortion been performed in the State where the minor resides; or ``(2) was presented with documentation showing with a reasonable degree of certainty that a court in the minor's State of residence waived any parental notification required by the laws of that State, or otherwise authorized that the minor be allowed to procure an abortion. ``(d) Civil Action.--Any parent who suffers harm from a violation of subsection (a) may obtain appropriate relief in a civil action unless the parent has committed an act of incest with the minor subject to subsection (a). ``(e) Definitions.--For the purposes of this section-- ``(1) the term `abortion' means the use or prescription of any instrument, medicine, drug, or any other substance or device intentionally to terminate the pregnancy of a female known to be pregnant, with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, to terminate an ectopic pregnancy, or to remove a dead unborn child who died as the result of a spontaneous abortion, accidental trauma or a criminal assault on the pregnant female or her unborn child; ``(2) the term a `law requiring parental involvement in a minor's abortion decision' means a law-- ``(A) requiring, before an abortion is performed on a minor, either-- ``(i) the notification to, or consent of, a parent of that minor; or ``(ii) proceedings in a State court; and ``(B) that does not provide as an alternative to the requirements described in subparagraph (A) notification to or consent of any person or entity who is not described in that subparagraph; ``(3) the term `minor' means an individual who is not older than the maximum age requiring parental notification or consent, or proceedings in a State court, under the law requiring parental involvement in a minor's abortion decision; ``(4) the term `parent' means-- ``(A) a parent or guardian; ``(B) a legal custodian; or ``(C) a person standing in loco parentis who has care and control of the minor, and with whom the minor regularly resides, who is designated by the law requiring parental involvement in the minor's abortion decision as a person to whom notification, or from whom consent, is required; and ``(5) the term `State' includes the District of Columbia and any commonwealth, possession, or other territory of the United States, and any Indian tribe or reservation. ``Sec. 2432. Transportation of minors in circumvention of certain laws relating to abortion ``Notwithstanding section 2431(b)(2), whoever has committed an act of incest with a minor and knowingly transports the minor across a State line with the intent that such minor obtain an abortion, shall be fined under this title or imprisoned not more than one year, or both. For the purposes of this section, the terms `State', `minor', and `abortion' have, respectively, the definitions given those terms in section 2435.''. SEC. 3. CLERICAL AMENDMENT. The table of chapters at the beginning of part I of title 18, United States Code, is amended by inserting after the item relating to chapter 117 the following new items: ``117A. Transportation of minors in circumvention of certain 2431''. laws relating to abortion.	Child Custody Protection Act - Amends the federal criminal code to prohibit transporting a minor child across a state line to obtain an abortion (deems such transporting to be a de facto abridgment of the right of a parent under any law in the minors state of residence that requires parental involvement in the minors abortion decision). Makes an exception for an abortion necessary to safe the life of the minor. Makes it an affirmative defense to a prosecution or civil action under this Act that a defendant: (1) reasonably believed that before the minor obtained the abortion, the required parental consent or notification or judicial authorization took place; or (2) was presented with documentation showing that a court waived parental notification requirements or authorized the minor's abortion. Defines "abortion" as the termination of a pregnancy with an intention other than to increase the probability of a live birth, preserve the life or health of the child after live birth, terminate an ectopic pregnancy, or remove a dead unborn child who died as the result of a spontaneous abortion, accidental trauma, or a criminal assault on the pregnant female or her unborn child. Imposes a fine and/or prison term of up to one year on anyone who has committed an act of incest with a minor and knowingly transports such minor across a state line to obtain an abortion.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Airline Competition and Lower Fares Act''. SEC. 2. WITHDRAWAL OF SLOTS. (a) Written Determination.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall issue a separate written determination with respect to each of LaGuardia Airport, O'Hare International Airport, John F. Kennedy International Airport, and Metropolitan Washington Airport (commonly known as Washington National Airport) as to whether the demand among air carriers for slots at the airport can be met with the slots at the airport that are available to the Secretary. (b) Initial Withdrawal of Slots.--If the Secretary determines under subsection (a) that the demand among air carriers for slots at an airport cannot be met with the slots at the airport that are available to the Secretary, the Secretary shall withdraw slots at that airport from dominant carriers for redistribution pursuant to this Act. Such withdrawals shall be made in accordance with section 41714 of title 49, United States Code, and other applicable laws and regulations. (c) Subsequent Withdrawals.-- (1) Written determination.--Not later than 2 years after the date of the auction under section 3(a), and every 2 years thereafter, the Secretary shall issue a written determination as to whether the redistribution of additional slots under this Act would significantly increase competition between air carriers. (2) Requirement to withdraw slots.--If the Secretary determines under paragraph (1) that the redistribution of additional slots would significantly increase competition, the Secretary shall withdraw slots, in accordance with this section, in a manner which will ensure such an increase. Such withdrawals shall be made in accordance with section 41714 of title 49, United States Code, and other applicable laws and regulations. (d) Limitation on Slot Withdrawals.-- (1) Initial auction.--The Secretary may not withdraw for redistribution under this Act more than 10 percent of the total number of slots held at an airport by a dominant carrier for auction pursuant to section 3(a). (2) Subsequent auctions.--The Secretary may not withdraw for redistribution under this Act more than 5 percent of the total number of slots held at an airport by a dominant carrier for auction pursuant to section 3(b). (3) Calculation of percentage.--In calculating under this subsection the total number of slots held at an airport by a dominant carrier, the Secretary shall not take into account slots used by the carrier for direct flights to low-competition airports. (e) Prohibition on Certain Slot Withdrawals.--The Secretary may not withdraw for redistribution under this Act a slot of a dominant carrier if the Secretary determines that the slot has been used by the carrier for direct flights to a low-competition airport throughout at least 24 of the preceding 30 months. (f) Withdrawal of International Slots.--The Secretary shall not withdraw any slots used for international flights. SEC. 3. AUCTIONS. (a) In General.--After a withdrawal of slots pursuant to section 2, the Secretary shall auction such slots to new entrants and limited incumbents and shall award each slot, pursuant to this section, to the highest bidder for that slot. (b) Limitation on Use of Slots.--The Secretary, in a manner which to the extent practicable represents the times and characteristics of all slots available for auction pursuant to this subsection, shall ensure that-- (1) 40 percent of the slots redistributed under this Act at each of LaGuardia Airport, O'Hare International Airport, and Metropolitan Washington Airport; and (2) 10 percent of the slots redistributed under this Act at John F. Kennedy International Airport, are distributed for use for flights to low-competition airports. (c) Eligible Bidders.--A person may bid for or hold a slot offered at an auction conducted under this section only if that person-- (1) is a new entrant or limited incumbent; (2) is a citizen of the United States, or in the case of a partnership or corporation, organized under the laws of the United States or a State; (3) has appropriate safety certification from the Federal Aviation Administration; (4) has appropriate economic certification from the Department of Transportation; (5) with respect to slots at a particular airport, has not declined any slot at the airport for which the new entrant or limited incumbent was eligible before January 1, 1986; (6) is not substantially owned or otherwise controlled, as determined by the Secretary, by an ineligible person; and (7) is qualified, as determined by the Secretary, to use a purchased slot. (d) Limitation on Transfer of Slots.--A slot obtained by a new entrant or limited incumbent at an auction conducted under this section may only be sold, leased, traded, or transferred to a new entrant or limited incumbent that meets the requirements of subsection (c). (e) Changes in Ownership.--If there is a change in the ownership of a new entrant or limited incumbent that obtains a slot at an auction conducted under this section, the slot shall revert to the Secretary, except that the Secretary may allow the new entrant or limited incumbent to retain the slot if the Secretary determines that such action is in the best interest of promoting competition. (f) Limitation on Statutory Construction.--Nothing in this section or section 2, including the use of competitive bidding, may be construed-- (1) to alter slots allocation criteria and procedures established by section 41714 of title 49, United States Code, or any other provision of law; (2) to diminish the authority of the Secretary under any other provision of law to regulate or reclaim slots; or (3) to convey any rights, including any expectation of renewal of a slot assignment, that differ from the rights that apply to other slots at the same airport that were not issued pursuant to this section. (g) Revenues.--The Secretary may use funds received from auctions held pursuant to this section to provide reimbursement to dominant carriers from which slots have been withdrawn under this Act for investments made by the carrier in the withdrawn slots and in airport improvements at the airport where the carrier held the withdrawn slots. Any funds remaining after providing such reimbursements shall be credited to the general fund of the Treasury as miscellaneous receipts. SEC. 4. SLOTS NOT ASSETS. (a) In General.--A slot obtained under this Act or any other provision of law shall not be considered an asset for any purpose, including for collateral, for any agreement which would require forfeiture of the slot, or in any bankruptcy proceeding. (b) Applicability.--This section shall not apply to any agreement or any renewal provision of any agreement in effect on the date of the enactment of this Act. SEC. 5. UNFAIR COMPETITION. (a) Determinations Regarding Actions Filed.-- (1) Actions filed on or before december 31, 1997.--Not later than 6 months after the date of the enactment of this Act, the Secretary shall complete action on all complaints alleging predatory practices by air carriers that were filed with the Secretary on or before December 31, 1997. (2) Actions filed after december 31, 1997, and before the date of the enactment of this act.--Not later than 9 months after the date of the enactment of this Act, the Secretary shall complete action on all complaints alleging predatory practices by air carriers that were filed with the Secretary after December 31, 1997, but before the date of the enactment of this Act. (3) Actions filed on or after the date of the enactment of this act.--The Secretary shall make an initial finding regarding any complaint alleging a predatory practice by an air carrier that is filed with the Secretary after the date of the enactment of this Act, not later than 30 days after such complaint is filed. (b) Restraining Order.--Not later than 15 days after date of an initial finding under subsection (a)(3), and after notice and opportunity for a hearing, the Secretary shall enjoin, pending final determination, any action that is found to be a predatory practice. (c) Report to Congress.--Not later than 6 months after the date of the enactment of this Act, and every 6 months thereafter, the Secretary shall transmit a report to Congress describing complaints received by the Secretary which allege predatory practices by air carriers and any action taken by the Secretary on those complaints. (d) Guidelines.--Not later than 6 months after the date of the enactment of this Act, the Secretary, in consultation with the Attorney General of the United States, shall issue guidelines defining predatory practices and unfair competition practices under this section and under title 49, United States Code. SEC. 6. ACCESS TO FACILITIES. The Secretary shall ensure that all airport facilities are available to new entrants at fees that are comparable to the average fees paid by incumbents. SEC. 7. EVALUATION OF RULE. The Secretary shall initiate a rulemaking proceeding to determine whether the application of the 80-percent rule contained in section 93.227(a) of title 49, Code of Federal Regulations, promotes, hinders, or has no effect on airline competition. SEC. 8. LIMITS ON COMPETITION IN AVIATION INDUSTRY. Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary shall transmit to Congress a report on barriers to entry, predatory pricing, and other limits on competition in the aviation industry. SEC. 9. PROHIBITION ON INCREASED NOISE. The Secretary shall issue such regulations as are necessary to carry out this Act. However, the Secretary shall not issue or approve any regulation or exemption in carrying out this Act which would increase airplane noise in communities surrounding an airport. SEC. 10. CLARIFICATION OF LEGAL STANDING. Section 41713(b) of title 49, United States Code, is amended by adding at the end the following new paragraph: ``(5) This subsection shall not bar any cause of action brought against an air carrier by 1 or more private parties seeking to enforce any right under the common law of any State or under any State statute, other than a statute purporting to directly prescribe fares, routes, or levels of air transportation service.''. SEC. 11. DEFINITIONS. For purposes of this Act, the following definitions apply: (1) Dominant carrier.--The term ``dominant carrier'' means a person that holds 10 percent or more of the slots in an airport. (2) Limited incumbent.--The term ``limited incumbent'' means a person that holds or operates fewer than 12 slots at a particular airport, not including international slots, Essential Air Service Program slots, or slots between the hours of 2200 and 0659 at Metropolitan Washington Airport or LaGuardia Airport. (3) New entrant.--The term ``new entrant'' means a person that does not hold a slot at a particular airport and has not sold or given up a slot at that airport after December 16, 1985. (4) Person.--The term ``person'' includes a commuter operator or air carrier. (5) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (6) Slot.--The term ``slot'' means the operational authority to conduct one landing or takeoff operation each day during a specific hour or 30 minute period at LaGuardia Airport, O'Hare International Airport, John F. Kennedy International Airport, or Metropolitan Washington Airport. (7) Low-competition airport.--The term ``low-competition airport'' means an airport that-- (A) is not classified as a large hub; and (B) the Secretary determines has substantially less service than average or substantially higher than average airfares.	Airline Competition and Lower Fares Act - Directs the Secretary of Transportation to determine whether the demand among air carriers for slots at LaGuardia Airport, O'Hare International Airport, John F. Kennedy International Airport, and Metropolitan Washington Airport (commonly known as Washington National Airport) can be met with the slots available to the Secretary. Requires the Secretary, if the demand among dominant air carriers for slots at such an airport cannot be met with the slots available to the Secretary, to withdraw from such carriers up to ten percent of such slots at that airport for redistribution to new entrants and limited incumbents through auction on a competitive bidding basis, as long as the redistribution of the additional slots significantly increases competition between air carriers. Prohibits withdrawal of any slots used for international flights or for direct flights to a low-competition airport. (Sec. 4) Prohibits slots obtained under this Act from being considered an asset (including for collateral) for any agreement which would require its forfeiture, or in any bankruptcy proceeding. (Sec. 5) Directs the Secretary to complete action on all complaints alleging predatory practices by air carriers that were filed with the Secretary on or before December 31, 1997, and after such date, but before the enactment of this Act. Directs the Secretary, after notice and opportunity for a hearing, to enjoin any action that is found to be a predatory practice. Directs the Secretary to report biannually to the Congress about such complaints. (Sec. 8) Directs the Secretary to initiate a rulemaking to determine whether the application of the 80-percent rule with respect to the allocation of airport slots promotes, hinders, or has no effect on airline competition. Directs the Secretary to report annually to the Congress on barriers to entry, predatory pricing, and other limits on competition in the aviation industry. (Sec. 9) Prohibits the Secretary from issuing or approving any regulation or exemption in carrying out this Act which would increase airplane noise in communities surrounding an airport. (Sec. 10) Amends Federal aviation law provisions prohibiting State regulation of air prices, routes, and services to declare that such provisions shall not bar a cause of action brought against an air carrier by one or more private parties seeking to enforce any right under the common law of any State or State statute, other than a statute purporting to directly prescribe fares, routes, or levels of air transportation service.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Benefit Adjustment of Social Security Income Compensation Act of 2010'' or the ``BASIC Act''. SEC. 2. CONTINUATION OF BENEFITS THROUGH MONTH OF BENEFICIARY'S DEATH. (a) Old-Age Insurance Benefits.--Section 202(a) of the Social Security Act (42 U.S.C. 402(a)) is amended by striking ``the month preceding'' in the matter following subparagraph (B). (b) Wife's Insurance Benefits.-- (1) In general.--Section 202(b)(1) of such Act (42 U.S.C. 402(b)(1)) is amended-- (A) by striking ``and ending with the month'' in the matter immediately following clause (ii) and inserting ``and ending with the month in which she dies or (if earlier) with the month''; (B) by striking subparagraph (E); and (C) by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J), respectively. (2) Conforming amendment.--Section 202(b)(4)(B) of such Act (42 U.S.C. 402(b)(4)(B)) is amended by striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or (I)''. (c) Husband's Insurance Benefits.-- (1) In general.--Section 202(c)(1) of such Act (42 U.S.C. 402(c)(1)) is amended-- (A) by striking ``and ending with the month'' in the matter immediately following clause (ii) and inserting ``and ending with the month in which he dies or (if earlier) with the month''; (B) by striking subparagraph (E); and (C) by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J), respectively. (2) Conforming amendment.--Section 202(c)(4)(B) of such Act (42 U.S.C. 402(c)(4)(B)) is amended by striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or (I)''. (d) Child's Insurance Benefits.--Section 202(d)(1) of such Act (42 U.S.C. 402(d)(1)) is amended-- (1) by striking ``and ending with the month'' in the matter immediately preceding subparagraph (D) and inserting ``and ending with the month in which such child dies or (if earlier) with the month''; and (2) by striking ``dies, or'' in subparagraph (D). (e) Widow's Insurance Benefits.--Section 202(e)(1) of such Act (42 U.S.C. 402(e)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: she remarries, dies, becomes entitled'' in the matter following subparagraph (F) and inserting ``ending with the month in which she dies or (if earlier) the month preceding the earliest of the first month in which she remarries, the month in which she becomes entitled''. (f) Widower's Insurance Benefits.--Section 202(f)(1) of such Act (42 U.S.C. 402(f)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: he remarries, dies, or becomes entitled'' in the matter following subparagraph (F) and inserting ``ending with the month in which he dies or (if earlier) the month preceding the earliest of the first month in which he remarries, the month in which he becomes entitled''. (g) Mother's and Father's Insurance Benefits.--Section 202(g)(1) of such Act (42 U.S.C. 402(g)(1)) is amended-- (1) by inserting ``the month in which he or she dies or (if earlier)'' after ``and ending with'' in the matter following subparagraph (F); and (2) by striking ``he or she remarries, or he or she dies'' and inserting ``or he or she remarries''. (h) Parent's Insurance Benefits.--Section 202(h)(1) of such Act (42 U.S.C. 402(h)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: such parent dies, marries,'' in the matter following subparagraph (E) and inserting ``ending with the month in which such parent dies or (if earlier) the month preceding the first month in which such parent marries''. (i) Disability Insurance Benefits.--Section 223(a)(1) of such Act (42 U.S.C. 423(a)(1)) is amended by striking ``ending with the month preceding whichever of the following months is the earliest: the month in which he dies,'' in the matter following subparagraph (D) and inserting the following: ``ending with the month in which he dies or (if earlier) with the month preceding the earlier of'' and by striking the comma after ``216(l))''. (j) Benefits at Age 72 for Certain Uninsured Individuals.--Section 228(a) of such Act (42 U.S.C. 428(a)) is amended by striking ``the month preceding'' in the matter following paragraph (4). SEC. 3. COMPUTATION AND PAYMENT OF LAST MONTHLY PAYMENT. (a) Old-Age and Survivors Insurance Benefits.--Section 202 of the Social Security Act (42 U.S.C. 402) is amended by adding at the end the following new subsection: ``Last Payment of Monthly Insurance Benefit Terminated by Death ``(z) The amount of any individual's monthly insurance benefit under this section paid for the month in which the individual dies shall be an amount equal to-- ``(1) the amount of such benefit (as determined without regard to this subsection), multiplied by ``(2) a fraction-- ``(A) the numerator of which is the number of days in such month preceding the date of such individual's death, and ``(B) the denominator of which is the number of days in such month, rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. Payment of such benefit for such month shall be made as provided in section 204(d).''. (b) Disability Insurance Benefits.--Section 223 of such Act (42 U.S.C. 423) is amended by adding at the end the following new subsection: ``Last Payment of Benefit Terminated by Death ``(k) The amount of any individual's monthly benefit under this section paid for the month in which the individual dies shall be an amount equal to-- ``(1) the amount of such benefit (as determined without regard to this subsection), multiplied by ``(2) a fraction-- ``(A) the numerator of which is the number of days in such month preceding the date of such individual's death, and ``(B) the denominator of which is the number of days in such month, rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. Payment of such benefit for such month shall be made as provided in section 204(d).''. (c) Benefits at Age 72 for Certain Uninsured Individuals.--Section 228 of such Act (42 U.S.C. 428) is amended by adding at the end the following new subsection: ``Last Payment of Benefit Terminated by Death ``(i) The amount of any individual's monthly benefit under this section paid for the month in which the individual dies shall be an amount equal to-- ``(1) the amount of such benefit (as determined without regard to this subsection), multiplied by ``(2) a fraction-- ``(A) the numerator of which is the number of days in such month preceding the date of such individual's death, and ``(B) the denominator of which is the number of days in such month, rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. Payment of such benefit for such month shall be made as provided in section 204(d).''. SEC. 4. MODIFICATION OF COMPUTATION OF LUMP-SUM DEATH PAYMENTS. The first sentence of section 202(I) of such Act (42 U.S.C. 402(I)) is amended by striking ``three times'' and all that follows through ``smaller'' and inserting ``47 percent of such individual's primary insurance amount, or an amount equal to $255, whichever is greater''. SEC. 5. DISREGARD OF BENEFIT FOR MONTH OF DEATH UNDER FAMILY MAXIMUM PROVISIONS. Section 203(a) of the Social Security Act (42 U.S.C. 403(a)) is amended by adding at the end the following new paragraph: ``(11) Notwithstanding any other provision of this Act, in applying the preceding provisions of this subsection (and determining maximum family benefits under column V of the table in or deemed to be in section 215(a) as in effect in December 1978) with respect to the month in which the insured individual's death occurs, the benefit payable to such individual for that month shall be disregarded.''. SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to deaths occurring in the first month beginning more than 90 days after the date of enactment of this Act.	Benefit Adjustment of Social Security Income Compensation Act of 2010 or the BASIC Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to provide that: (1) an individual's entitlement to any OASDI benefit shall continue through the month of his or her death (without affecting any other person's entitlement to benefits for that month); and (2) the benefit shall be payable for such month only to the extent proportionate to the number of days in the month preceding the date of death. Revises the formula for computation of a lump-sum death payment to the widow or widower of a fully or currently insured individual.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Holocaust Victims Redress Act''. TITLE I--HEIRLESS ASSETS SEC. 101. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds as follows: (1) Among the $198,000,000 in German assets located in the United States and seized by the United States Government in World War II were believed to be bank accounts, trusts, securities, or other assets belonging to Jewish victims of the Holocaust. (2) Among an estimated $1,200,000,000 in assets of Swiss nationals and institutions which were frozen by the United States Government during World War II (including over $400,000,000 in bank deposits) were assets whose beneficial owners were believed to include victims of the Holocaust. (3) In the aftermath of the war, the Congress recognized that some of the victims of the Holocaust whose assets were among those seized or frozen during the war might not have any legal heirs, and legislation was enacted to authorize the transfer of up to $3,000,000 of such assets to organizations dedicated to providing relief and rehabilitation for survivors of the Holocaust. (4) Although the Congress and the Administration authorized the transfer of such amount to the relief organizations referred to in paragraph (3), the enormous administrative difficulties and cost involved in proving legal ownership of such assets, directly or beneficially, by victims of the Holocaust, and proving the existence or absence of heirs of such victims, led the Congress in 1962 to agree to a lump-sum settlement and to provide $500,000 for the Jewish Restitution Successor Organization of New York, such sum amounting to \1/ 6\th the authorized maximum level of ``heirless'' assets to be transferred. (5) In June of 1997, a current representative of the Secretary of State, in testimony before the Congress, urged the reconsideration of the limited $500,000 settlement. (6) While a precisely accurate accounting of ``heirless'' assets may be impossible, good conscience warrants the recognition that the victims of the Holocaust have a compelling moral claim to the unrestituted portion of assets referred to in paragraph (3). (7) Furthermore, leadership by the United States in meeting obligations to Holocaust victims would strengthen-- (A) the efforts of the United States to press for the speedy distribution of the remaining nearly 6 metric tons of gold still held by the Tripartite Commission for the Restitution of Monetary Gold (the body established by France, Great Britain, and the United States at the end of World War II to return gold looted by Nazi Germany to the central banks of countries occupied during the war by Germany); and (B) the appeals by the United States to the 15 nations claiming a portion of such gold to contribute a substantial portion of any such distribution to Holocaust survivors in recognition of the recently documented fact that the gold held by the commission includes gold stolen from individual victims of the Holocaust. (b) Purposes.--The purposes of this Act are as follows: (1) To provide a measure of justice to survivors of the Holocaust all around the world while they are still alive. (2) To authorize the appropriation of an amount which is at least equal to the present value of the difference between the amount which was authorized to be transferred to successor organizations to compensate for assets in the United States of heirless victims of the Holocaust and the amount actually paid in 1962 to the Jewish Restitution Successor Organization of New York for that purpose. (3) To facilitate efforts by the United States to seek an agreement whereby nations with claims against gold held by the Tripartite Commission for the Restitution of Monetary Gold would contribute all, or a substantial portion, of that gold to charitable organizations to assist survivors of the Holocaust. SEC. 102. DISTRIBUTIONS BY THE TRIPARTITE GOLD COMMISSION. (a) Directions to Secretary of State.--The Secretary of State shall direct the commissioner representing the United States on the Tripartite Commission for the Restitution of Monetary Gold, established pursuant to Part III of the Paris Agreement on Reparation, to seek and vote for a timely agreement under which all signatories to the Paris Agreement on Reparation, with claims against the monetary gold pool in the jurisdiction of such Commission, contribute all, or a substantial portion, of such gold to charitable organizations to assist survivors of the Holocaust. (b) Authority To Obligate the United States.-- (1) In general.--The Secretary of State may commit the United States to pay an amount not to exceed $25,000,000 for distribution under an agreement described in subsection (a). (2) Conformance with budget act requirement.--Any budget authority contained in paragraph (1) shall be effective only to such extent and in such amounts as are provided in advance in appropriation Acts. SEC. 103. FULFILLMENT OF OBLIGATION OF THE UNITED STATES. (a) Authorization of Appropriations.--Subject to subsection (b), there are authorized to be appropriated to the President such sums as may be necessary for fiscal years 1998, 1999, and 2000, not to exceed a total of $25,000,000 for all such fiscal years, for distribution to organizations as may be specified in any agreement concluded pursuant to section 102, only if they meet the needs of Holocaust survivors in the United States. (b) Reservation.--The Secretary of State shall reserve a portion of the amount appropriated under subsection (a) for the United States Holocaust Museum, for archival research to assist in the restitution of assets looted or extorted from victims of the Holocaust and such other activities that would further Holocaust remembrance and education. TITLE II--WORKS OF ART SEC. 201. FINDINGS. Congress finds as follows: (1) Established pre-World War II principles of international law, as enunciated in Articles 47 and 56 of the Regulations annexed to the 1907 Hague Convention (IV) Respecting the Laws and Customs of War on Land, prohibited pillage and the seizure of works of art. (2) In the years since World War II, international sanctions against confiscation of works of art have been amplified through such conventions as the 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, which forbids the illegal export of art work and calls for its earliest possible restitution to its rightful owner. (3) In defiance of the 1907 Hague Convention, the Nazis extorted and looted art from individuals and institutions in countries it occupied during World War II and used such booty to help finance their war of aggression. (4) The Nazis' policy of looting art was a critical element and incentive in their campaign of genocide against individuals of Jewish and other religious and cultural heritage and, in this context, the Holocaust, while standing as a civil war against defined individuals and civilized values, must be considered a fundamental aspect of the world war unleashed on the continent. (5) Hence, the same international legal principles applied among states should be applied to art and other assets stolen from victims of the Holocaust. (6) In the aftermath of the war, art and other assets were transferred from territory previously controlled by the Nazis to the Union of Soviet Socialist Republics, much of which has not been returned to rightful owners. SEC. 202. SENSE OF THE CONGRESS REGARDING RESTITUTION OF PRIVATE PROPERTY, SUCH AS WORKS OF ART. It is the sense of the Congress that consistent with the 1907 Hague Convention, all governments should undertake good faith efforts to facilitate the return of private and public property, such as works of art, to the rightful owners in cases where assets were confiscated from the claimant during the period of Nazi rule and there is reasonable proof that the claimant is the rightful owner.	TABLE OF CONTENTS: Title I: Heirless Assets Title II: Works of Art Holocaust Victims Redress Act - Title I: Heirless Assets - Directs the Secretary of State to direct the commissioner representing the United States on the Tripartite Commission for the Restitution of Monetary Gold to seek and vote for a timely agreement under which all signatories to the Paris Agreement on Reparation with claims against the monetary gold pool in the Commission's jurisdiction contribute all or a substantial portion of such gold to charitable organizations to assist survivors of the Holocaust. Authorizes the Secretary of State to commit the United States to pay up to $25 million for distribution under such an agreement. Authorizes appropriations. Directs the Secretary of State to reserve a portion of the appropriation for the United States Holocaust Museum for archival research to assist in the restitution of assets looted or extorted from victims of the Holocaust and such other activities that would further Holocaust remembrance and education. Title II: Works of Art - Expresses the sense of the Congress that, consistent with the 1907 Hague Convention, all governments should undertake good faith efforts to facilitate the return of private and public property, such as works of art, to the rightful owners in cases where assets were confiscated from the claimant during the period of Nazi rule and there is reasonable proof that the claimant is the rightful owner.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Paperwork Reduction and Fraud Prevention Act of 2009''. SEC. 2. NATIONAL BIPARTISAN COMMISSION ON BILLING CODES AND FORMS SIMPLIFICATION. (a) Establishment.--There is hereby established the Commission on Health Care Billing Codes and Forms Simplification (in this section referred to as the ``Commission''). (b) Duties.--The Commission shall make recommendations regarding the following: (1) Standardized and simplified forms.--Standardizing and simplifying credentialing and billing forms respecting health care claims, that all Federal Government agencies would use and that the private sector is able (and is encouraged, but not required) to use. (2) Reduction in billing codes.--A significant reduction and simplification in the number of billing codes for health care claims. (3) Regulatory and appeals process reform.--Reforms in the regulatory and appeals processes under the Medicare program under title XVIII of the Social Security Act in order to ensure that the Secretary of Health and Human Services provides appropriate guidance to suppliers and providers of services (as such terms are defined in subsections (d) and (u), respectively, of section 1861 of such Act), including physicians and providers and suppliers of ambulance services, that are attempting to properly submit claims under the Medicare program and to ensure that the Secretary does not target inadvertent billing errors. (4) Electronic forms and payments.--Simplifying and updating electronic forms of the Centers for Medicare & Medicaid Services to ensure simplicity as well as patient privacy. (c) Membership.-- (1) Number and appointment.--The Commission shall be composed of 17 members, of whom-- (A) four shall be appointed by the President; (B) six shall be appointed by the majority leader of the Senate, in consultation with the minority leader of the Senate, of whom not more than 4 shall be of the same political party; (C) six shall be appointed by the Speaker of the House of Representatives, in consultation with the minority leader of the House of Representatives, of whom not more than 4 shall be of the same political party; and (D) one, who shall serve as Chairman of the Commission, shall be appointed jointly by the President, majority leader of the Senate, and the Speaker of the House of Representatives. (2) Appointment.--Members of the Commission shall be appointed by not later than 90 days after the date of the enactment of this Act. (d) Incorporation of Bipartisan Commission Provisions.--The provisions of paragraphs (3) through (8) of subsection (c) and subsections (d), (e), and (h) of section 4021 of the Balanced Budget Act of 1997 shall apply to the Commission under this section in the same manner as they applied to the National Bipartisan Commission on the Future of Medicare under such section. (e) Report.--Not later than December 31, 2009, the Commission shall submit to the President and Congress a report which shall contain a detailed statement of only those recommendations, findings, and conclusions of the Commission that receive the approval of at least 11 members of the Commission. (f) Termination.--The Commission shall terminate 30 days after the date of submission of the report required in subsection (e). SEC. 3. EDUCATION OF PHYSICIANS AND PROVIDERS CONCERNING MEDICARE PROGRAM PAYMENTS. (a) Written Requests.-- (1) In general.--The Secretary of Health and Human Services shall establish a process under which a physician may request, in writing from a carrier, assistance in addressing questionable codes and procedures under the Medicare program under title XVIII of the Social Security Act and then the carrier shall respond in writing within 30 business days with the correct billing or procedural answer. (2) Use of written statement.-- (A) In general.--Subject to subparagraph (B), a written statement under paragraph (1) may be used as proof against a future audit or overpayment under the Medicare program. (B) Limit on application.--Subparagraph (A) shall not apply retroactively and shall not apply to cases of fraudulent billing. (b) Restoration of Toll-Free Hotline.-- (1) In general.--The Administrator of the Centers for Medicare & Medicaid Services shall restore the toll-free telephone hotline previously maintained by the Centers for Medicare & Medicaid Services so that physicians may call for information and questions about the Medicare program. (2) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out paragraph (1). (c) Definitions.--For purposes of this section: (1) Physician.--The term ``physician'' has the meaning given such term in section 1861(r) of the Social Security Act (42 U.S.C. 1395x(r)). (2) Carrier.--The term ``carrier'' means a carrier (as defined in section 1842(f) of the Social Security Act (42 U.S.C. 1395u(f))) with a contract under title XVIII of such Act to administer benefits under part B of such title. SEC. 4. POLICY DEVELOPMENT REGARDING E&M GUIDELINES UNDER THE MEDICARE PROGRAM. (a) In General.--The Administrator of the Centers for Medicare & Medicaid Services may not implement any new evaluation and management guidelines (in this section referred to as ``E&M guidelines'') under the Medicare program, unless the Administrator-- (1) has provided for an assessment of the proposed guidelines by physicians; (2) has established a plan that contains specific goals, including a schedule, for improving participation of physicians in the assessment described in paragraph (1); (3) has carried out a minimum of 4 pilot projects consistent with subsection (b) in at least 4 different regions (to be specified by the Secretary) to test such guidelines; and (4) finds that the objectives described in subsection (c) will be met in the implementation of such guidelines. (b) Pilot Projects.-- (1) Length and consultation.--Each pilot project under this subsection shall-- (A) be of sufficient length to allow for preparatory physician and carrier education, analysis, and use and assessment of potential E&M guidelines; and (B) be conducted, throughout the planning and operational stages of the project, in consultation with national and State medical societies. (2) Peer review and rural pilot projects.--Of the pilot projects conducted under this subsection-- (A) at least one shall focus on a peer review method by physicians which evaluates medical record information for statistical outlier services relative to definitions and guidelines published in the most recent Current Procedural Terminology book, instead of an approach using the review of randomly selected medical records using non-clinical personnel; and (B) at least one shall be conducted for services furnished in a rural area. (3) Study of impact.--Each pilot project shall examine the effect of the potential E&M guidelines on-- (A) different types of physician practices, such as large and small groups; and (B) the costs of compliance, and patient and physician satisfaction. (4) Report on how met objectives.--Not later than 6 months after the date of the conclusion of all of the pilot projects under this subsection, the Administrator of the Centers for Medicare & Medicaid Services shall submit a report to the Committees on Commerce and Ways and Means of the House of Representatives, the Committee on Finance of the Senate, and the Practicing Physicians Advisory Council, on such pilot projects. Such report shall include the extent to which the pilot projects met the objectives specified in subsection (c). (c) Objectives for E&M Guidelines.--The objectives for E&M guidelines specified in this subsection are as follows (relative to the E&M guidelines and review policies in effect as of the date of the enactment of this Act): (1) Enhancing clinically relevant documentation needed to accurately code and assess coding levels accurately. (2) Reducing administrative burdens. (3) Decreasing the level of non-clinically pertinent and burdensome documentation time and content in the record. (4) Increased accuracy by carrier reviewers. (5) Education of both physicians and reviewers. (6) Appropriate use of evaluation and management codes by physicians and their staffs. (7) The extent to which the tested evaluation and management documentation guidelines substantially adhere to the CPT coding rules. (8) Simplifying electronic billing. (d) Definitions.--For purposes of this section and section 5: (1) Physician.--The term ``physician'' has the meaning given such term in section 1861(r) of the Social Security Act (42 U.S.C. 1395x(r)). (2) Carrier.--The term ``carrier'' means a carrier (as defined in section 1842(f) of the Social Security Act (42 U.S.C. 1395u(f))) with a contract under title XVIII of such Act to administer benefits under part B of such title. (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (4) Medicare program.--The term ``Medicare program'' means the program under title XVIII of the Social Security Act. SEC. 5. OVERPAYMENTS UNDER THE MEDICARE PROGRAM. (a) Individualized Notice.--If a carrier proceeds with a post- payment audit of a physician under the Medicare program, the carrier shall provide the physician with an individualized notice of billing problems, such as a personal visit or carrier-to-physician telephone conversation during normal working hours, within 3 months of initiating such audit. The notice should include suggestions to the physician on how the billing problem may be remedied. (b) Repayment of Overpayments Without Penalty.--The Secretary of Health and Human Services shall permit a physician to repay Medicare overpayments made to such physician without penalty or interest and without threat of denial of other claims based upon extrapolation, if such repayment is made not later than 3 months after such physician receives notification of such overpayment and if such overpayment was not determined by a final adverse action to be the result of fraudulent billing. If a physician should discover an overpayment before a carrier notifies the physician of the error, the physician may reimburse the Medicare program without penalty and the Secretary may not audit or target the physician on the basis of such repayment, unless other evidence of fraudulent billing exists. (c) Treatment of First-Time Billing Errors.--If a physician's Medicare billing error was a first-time error and the physician has not previously been the subject of a post-payment audit, the carrier may not assess a fine through extrapolation of such an error to other claims, unless the physician has submitted a fraudulent claim. (d) Timely Notice of Problem Claims Before Using Extrapolation.--A carrier may seek reimbursement or penalties against a physician based on extrapolation of a Medicare claim only if the carrier has informed the physician of potential problems with the claim not later than one year after the date the claim was submitted for reimbursement. (e) Submission of Additional Information.--A physician may submit additional information and documentation to dispute a carrier's charges of overpayment without waiving the physician's right to a hearing by an administrative law judge. (f) Limitation on Delay in Payment.--Following a post-payment audit, a carrier that is conducting a pre-payment screen on a physician service under the Medicare program may not delay reimbursements for more than one month and as soon as the physician submits a corrected claim, the carrier shall eliminate application of such a pre-payment screen.	Health Care Paperwork Reduction and Fraud Prevention Act of 2009 - Establishes the Commission on Health Care Billing Codes and Forms Simplification which shall make recommendations regarding: (1) standardizing and simplifying credentialing and billing forms for health care claims; (2) reducing and simplifying billing codes; (3) reforming the Medicare regulatory and appeals processes to ensure that the Secretary of Health and Human Services provides appropriate guidance to providers for submitting Medicare claims and does not target inadvertent billing errors; and (4) updating electronic forms of the Centers for Medicare & Medicaid Services to ensure simplicity and privacy. Directs the Secretary of Health and Human Services to establish a process under which a physician may request from a carrier written assistance in addressing questionable codes and procedures under the Medicare program. Requires the Administrator of the Centers for Medicare & Medicaid Services to restore the toll-free telephone hotline so that physicians may call for information and questions about the Medicare program. Prohibits the Administrator from implementing any new evaluation and management (E&M) guidelines under the Medicare program unless the Administrator: (1) has provided for an assessment of the proposed guidelines by physicians; (2) has established a plan that contains specific goals, including a schedule for improving participation of physicians in such assessment; (3) has carried out a minimum of four pilot projects in at least four different regions to test E&M guidelines; and (4) finds that specified objectives will be met in the implementation of such guidelines. Sets forth provisions concerning: (1) physician participation and pilot program testing requirements and objectives for new E&M guidelines under Medicare; and (2) notice, administrative, and penalty requirements with respect to Medicare overpayments.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness to Contact Lens Consumers Act''. SEC. 2. AVAILABILITY OF CONTACT LENS PRESCRIPTIONS TO PATIENTS. (a) In General.--When a prescriber completes a contact lens fitting, the prescriber-- (1) whether or not requested by the patient, shall provide to the patient a copy of the contact lens prescription; and (2) shall, as directed by any person designated to act on behalf of the patient, provide or verify the contact lens prescription by electronic or other means. (b) Limitations.--A prescriber may not-- (1) require purchase of contact lenses from the prescriber or from another person as a condition of providing a copy of a prescription under subsection (a)(1) or (a)(2) or verification of a prescription under subsection (a)(2); (2) require payment in addition to, or as part of, the fee for an eye examination, fitting, and evaluation as a condition of providing a copy of a prescription under subsection (a)(1) or (a)(2) or verification of a prescription under subsection (a)(2); or (3) require the patient to sign a waiver or release as a condition of verifying or releasing a prescription. SEC. 3. IMMEDIATE PAYMENT OF FEES IN LIMITED CIRCUMSTANCES. A prescriber may require payment of fees for an eye examination, fitting, and evaluation before the release of a contact lens prescription, but only if the prescriber requires immediate payment in the case of an examination that reveals no requirement for ophthalmic goods. For purposes of the preceding sentence, presentation of proof of insurance coverage for that service shall be deemed to be a payment. SEC. 4. PRESCRIBER VERIFICATION. (a) Prescription Requirement.--A seller may sell contact lenses only in accordance with a contact lens prescription for the patient that is-- (1) presented to the seller by the patient or prescriber directly or by facsimile; or (2) verified by direct communication. (b) Record Requirement.--A seller shall maintain a record of all direct communications referred to in subsection (a). (c) Information.--When seeking verification of a contact lens prescription, a seller shall provide the prescriber with the following information: (1) Patient's full name and address. (2) Contact lens power, manufacturer, base curve or appropriate designation, and diameter when appropriate. (3) Quantity of lenses ordered. (4) Date of patient request. (5) Date and time of verification request. (6) Name of contact person at seller's company, including facsimile and telephone number. (d) Verification Events.--A prescription is verified under this Act only if one of the following occurs: (1) The prescriber confirms the prescription is accurate by direct communication with the seller. (2) The prescriber informs the seller that the prescription is inaccurate and provides the accurate prescription. (3) The prescriber fails to communicate with the seller within 8 business hours, or a similar time as defined by the Federal Trade Commission, after receiving from the seller the information described in subsection (c). (e) Invalid Prescription.--If a prescriber informs a seller before the deadline under subsection (d)(3) that the contact lens prescription is inaccurate, expired, or otherwise invalid, the seller shall not fill the prescription. The prescriber shall specify the basis for the inaccuracy or invalidity of the prescription. If the prescription communicated by the seller to the prescriber is inaccurate, the prescriber shall correct it. (f) No Alteration.--A seller may not alter a contact lens prescription. Notwithstanding the preceding sentence, if the same contact lens is manufactured by the same company and sold under multiple labels to individual providers, the seller may fill the prescription with a contact lens manufactured by that company under another label. (g) Direct Communication.--As used in this section, the term ``direct communication'' includes communication by telephone, facsimile, or electronic mail. SEC. 5. EXPIRATION OF CONTACT LENS PRESCRIPTIONS. (a) In General.--A contact lens prescription shall expire-- (1) on the date specified by the law of the State in which the prescription was written, if that date is one year or more after the issue date of the prescription; (2) not less than one year after the issue date of the prescription if such State law specifies no date or a date that is less than one year after the issue date of the prescription; or (3) notwithstanding paragraphs (1) and (2), on the date specified by the prescriber, if that date is based on the medical judgment of the prescriber with respect to the ocular health of the patient. (b) Special Rules for Prescriptions of Less Than 1 Year.--If a prescription expires in less than 1 year, the reasons for the judgment referred to in subsection (a)(3) shall be documented in the patient's medical record. In no circumstance shall the prescription expiration date be less than the period of time recommended by the prescriber for a reexamination of the patient that is medically necessary. (c) Definition.--As used in this section, the term ``issue date'' means the date on which the patient receives a copy of the prescription. SEC. 6. CONTENT OF ADVERTISEMENTS AND OTHER REPRESENTATIONS. Any person that engages in the manufacture, processing, assembly, sale, offering for sale, or distribution of contact lenses may not represent, by advertisement, sales presentation, or otherwise, that contact lenses may be obtained without a prescription. SEC. 7. PROHIBITION OF CERTAIN WAIVERS. A prescriber may not place on the prescription, or require the patient to sign, or deliver to the patient a form or notice waiving or disclaiming the liability or responsibility of the prescriber for the accuracy of the eye examination. The preceding sentence does not impose liability on a prescriber for the ophthalmic goods and services dispensed by another seller pursuant to the prescriber's correctly verified prescription. SEC. 8. RULEMAKING BY FEDERAL TRADE COMMISSION. The Federal Trade Commission shall prescribe rules pursuant to section 18 of the Federal Trade Commission Act (15 U.S.C. 57a) to carry out this Act. Rules so prescribed shall be exempt from the requirements of the Magnuson-Moss Warranty--Federal Trade Commission Improvement Act (15 U.S.C. 2301 et seq.). Any such regulations shall be issued in accordance with section 553 of title 5, United States Code. The first rules under this section shall take effect not later than 180 days after the effective date of this Act. SEC. 9. VIOLATIONS. (a) In General.--Any violation of this Act or the rules required under section 8 shall be treated as a violation of a rule under section 18 of the Federal Trade Commission Act (15 U.S.C. 57a) regarding unfair or deceptive acts or practices. (b) Actions by the Commission.--The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. SEC. 10. STUDY AND REPORT. (a) Study.--The Federal Trade Commission shall undertake a study to examine the strength of competition in the sale of prescription contact lenses. The study shall include an examination of the following issues: (1) Incidence of exclusive relationships between prescribers or sellers and contact lens manufacturers and the impact of such relationships on competition. (2) Difference between online and offline sellers of contact lenses, including price, access, and availability. (3) Incidence, if any, of contact lens prescriptions that specify brand name or custom labeled contact lenses, the reasons for the incidence, and the effect on consumers and competition. (4) The impact of the Federal Trade Commission eyeglasses rule (16 CFR 456 et seq.) on competition, the nature of the enforcement of the rule, and how such enforcement has impacted competition. (5) Any other issue that has an impact on competition in the sale of prescription contact lenses. (b) Report.--Not later than 12 months after the effective date of this Act, the Chairman of the Federal Trade Commission shall submit to the Congress a report of the study required by subsection (a). SEC. 11. DEFINITIONS. As used in this Act: (1) Contact lens fitting.--The term ``contact lens fitting'' means the process that begins after the initial eye examination and ends when a successful fit has been achieved or, in the case of a renewal prescription, ends when the prescriber determines that no change in prescription is required, and such term may include-- (A) an examination to determine lens specifications; (B) except in the case of a renewal of a prescription, an initial evaluation of the fit of the lens on the eye; and (C) medically necessary follow up examinations. (2) Prescriber.--The term ``prescriber'' means, with respect to contact lens prescriptions, an ophthalmologist, optometrist, or other person permitted under State law to issue prescriptions for contact lenses in compliance with any applicable requirements established by the Food and Drug Administration. (3) Contact lens prescription.--The term ``contact lens prescription'' means a prescription, issued in accordance with State and Federal law, that contains sufficient information for the complete and accurate filling of a prescription, including the following: (A) Name of the patient. (B) Date of examination. (C) Issue date and expiration date of prescription. (D) Name, postal address, telephone number, and facsimile telephone number of prescriber. (E) Power, material or manufacturer or both. (F) Base curve or appropriate designation. (G) Diameter, when appropriate. (H) In the case of a private label contact lens, name of manufacturer, trade name of private label brand, and, if applicable, trade name of equivalent brand name. SEC. 12. EFFECTIVE DATE. This Act shall take effect 60 days after 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.	Fairness to Contact Lens Consumers Act - (Sec. 2) Requires a contact lens prescriber (a person permitted under State law to issue prescriptions for contact lenses) to provide a patient with a copy of their contact lens prescription, whether or not requested by the patient, and verify the prescription's accuracy, or make necessary corrections, to a contact lens seller or any person designated by the patient. Prohibits a prescriber from: (1) requiring patients to purchase contact lenses from the prescriber; (2) charging an additional fee for a copy of the prescription; (3) requiring the patient to sign a waiver; and (4) disclaiming liability or responsibility for the accuracy of the eye examination. (Sec. 3) Allows a prescriber to withhold the contact lens prescription until the prescriber receives payment or proof of insurance coverage only if the prescriber also requires immediate payment from a patient not needing any ophthalmic goods. (Sec. 4) Allows a seller to fill a prescription for contact lenses only when: (1) a seller receives a contact lens prescription directly or by facsimile; (2) a seller verifies a prescription by direct communication with the prescriber; or (3) the prescriber fails to respond to the seller within eight business hours after being contacted by the seller with the prescription information. Requires a seller to maintain a record of all such communication with a patient or a prescriber. (Sec. 5) Declares that a contact lens prescription shall expire on the date specified by the law of the State in which it is written, but not less than one year after the issue date of the prescription. Permits an exception for a patient's ocular health. (Sec. 6) Prohibits advertising that represents that contact lenses may be obtained without a prescription. (Sec. 8) Requires the Federal Trade Commission (FTC) to prescribe rules to carry out this Act. (Sec. 9) States that any violation of this Act shall be treated as a violation of the Federal Trade Commission Act regarding unfair or deceptive acts or practices. (Sec. 10) Requires the FTC to report to Congress on: (1) exclusive relationships between prescribers or sellers and contact lens manufacturers and the impact such relationships have on competition; (2) differences between online and off-line sellers of contact lenses; (3) contact lens prescriptions that specify brand name and their impact on competition; (4) the FTC eyeglasses rule, its enforcement, and its impact on competition; and (5) any other issue that affects competition in the sale of contact lenses.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Intercity Passenger Rail Trust Fund Act of 1995''. SEC. 2. INTERCITY PASSENGER RAIL TRUST FUND. (a) Establishment of Trust Fund.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to trust fund code) is amended by adding at the end the following new section: ``SEC. 9512. INTERCITY PASSENGER RAIL TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Intercity Passenger Rail Trust Fund', consisting of such amounts as may be transferred or credited to the Trust Fund as provided in section 9503(c)(7) or section 9602(b). ``(b) Expenditures From Trust Fund.-- ``(1) In general.--Except as provided in paragraph (2), amounts in the Intercity Passenger Rail Trust Fund shall be available, as provided by appropriation Acts, to finance qualified expenses of-- ``(A) the National Railroad Passenger Corporation, and ``(B) each eligible State, to the extent determined under paragraph (3). ``(2) Direct spending amounts.--The following amounts in the Intercity Passenger Rail Trust Fund are hereby appropriated to finance qualified expenses: Amount ``Fiscal year: Available: 1996.......................................... $131,000,000 1997.......................................... 663,000,000 1998.......................................... 667,000,000 1999.......................................... 670,000,000 2000.......................................... 672,000,000. ``(3) Maximum amount of funds to eligible states.--Each eligible State shall receive under this subsection an amount equal to the lesser of-- ``(A) the State's qualified expenses for the fiscal year, or ``(B) the product of-- ``(i) \1/12\ of 1 percent of the lesser of-- ``(I) the aggregate amounts transferred and credited to the Intercity Passenger Rail Trust Fund under subsection (a) for such fiscal year, or ``(II) the aggregate amounts appropriated from the Intercity Passenger Rail Trust Fund under this subsection for such fiscal year, and ``(ii) the number of months such State was an eligible State in the preceding fiscal year. If the amount determined under subparagraph (B) exceeds the amount under subparagraph (A) for any fiscal year, the amount under subparagraph (B) for the following fiscal year shall be increased by the amount of such excess. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified expenses.--The term `qualified expenses' means expenses incurred, with respect to obligations made, after December 31, 1995, and before October 1, 2000-- ``(A) in the case of-- ``(i) the National Railroad Passenger Corporation, for capital improvements in intercity passenger rail service, or ``(ii) an eligible State, for capital improvements in intercity rail service, and ``(B) certified by the Secretary of Transportation as meeting the requirements of subparagraph (A). ``(2) Eligible state.--The term `eligible State' means any State which does not receive intercity passenger rail service from the National Railroad Passenger Corporation. ``(d) Termination.--The Secretary shall determine and retain, not later than October 1, 2000, the amount in the Intercity Passenger Rail Trust Fund necessary to pay any outstanding qualified expenses, and shall transfer any amount not so retained to the Mass Transit Account under section 9503(e).'' (b) Transfers From Highway Trust Fund.--Section 9503(c) of the Internal Revenue Code of 1986 (relating to expenditures from Highway Trust Fund) is amended by adding at the end the following new paragraph: ``(7) Transfers from trust fund for intercity passenger rail.-- ``(A) In general.--The Secretary shall transfer from time to time from the Highway Trust Fund to the Intercity Passenger Rail Trust Fund under section 9512 the intercity passenger rail portion of the amounts appropriated to the Highway Trust Fund under subsection (b) which are attributable to taxes under sections 4041 and 4081 imposed after December 31, 1995, and before October 1, 2000. ``(B) Intercity passenger rail portion.--For purposes of subparagraph (A), the term `intercity passenger rail portion' means the amount-- ``(i) determined at the rate of 0.5 cent for each gallon with respect to which tax was imposed under section 4041 or 4081, and ``(ii) reduced (but not below zero) by the amount by which-- ``(I) the outlays of the Mass Transit Account for the fiscal year with respect to which such tax was imposed, as estimated by the Secretary, exceed ``(II) the available funds in the Mass Transit Account for such fiscal year (as so estimated).'' (c) Conforming Amendments.-- (1) Section 9503(e)(2) of the Internal Revenue Code of 1986 (relating to transfers to mass transit account) is amended by striking ``4081.'' and inserting ``4081 (for the period beginning after December 31, 1995, and ending before October 1, 2000, an amount determined at the rate of 1.5 cents for each such gallon, increased by the amount described in subsection (c)(7)(B)(ii)).''. (2) The table of sections for subchapter A of chapter 98 of such Code (relating to trust fund code) is amended by adding at the end the following new item: ``Sec. 9512. Intercity Passenger Rail Trust Fund.'' (d) Effective Date.--The amendments made by this section shall apply with respect to taxes imposed after December 31, 1995. SEC. 3. DENIAL OF DEDUCTION FOR INTEREST ON LOANS WITH RESPECT TO COMPANY-OWNED INSURANCE. (a) In General.--Paragraph (4) of section 264(a) of the Internal Revenue Code of 1986 (relating to certain amounts paid in connection with insurance contracts) is amended-- (1) by inserting ``, or any endowment or annuity contracts owned by the taxpayer covering any individual,'' after ``the life of any individual'', and (2) by striking all that follows ``carried on by the taxpayer'' and inserting a period. (b) Exception for Contracts Relating to Key Persons; Permissible Interest Rates.--Section 264 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``Any'' in subsection (a)(4) and inserting ``Except as provided in subsection (d), any'', and (2) by adding at the end the following new subsection: ``(d) Special Rules for Application of Subsection (a)(4).-- ``(1) Exception for key persons.--Subsection (a)(4) shall not apply to any interest paid or accrued on any indebtedness with respect to policies or contracts covering an individual who is a key person to the extent that the aggregate amount of such indebtedness with respect to policies and contracts covering such individual does not exceed $50,000. ``(2) Interest rate cap on key persons and pre-1986 contracts.--No deduction shall be allowed by reason of paragraph (1) or the last sentence of subsection (a) with respect to interest paid or accrued for any month to the extent the amount of such interest exceeds the amount which would have been determined if the rate of interest for such month were the rate of interest described as Moody's Corporate Bond Yield Average-Monthly Average Corporates as published by Moody's Investors Service, Inc., or any successor thereto, for such month. ``(3) Key person.--For purposes of paragraph (1), the term `key person' means an officer or 20-percent owner, except that the number of individuals who may be treated as key persons with respect to any taxpayer shall not exceed the greater of-- ``(A) 5 individuals, or ``(B) the lesser of 5 percent of the total officers and employees of the taxpayer or 25 individuals. ``(4) 20-percent owner.--For purposes of this subsection, the term `20-percent owner' means-- ``(A) if the taxpayer is a corporation, any person who owns directly 20 percent or more of the outstanding stock of the corporation or stock possessing 20 percent or more of the total combined voting power of all stock of the corporation, or ``(B) if the taxpayer is not a corporation, any person who owns 20 percent or more of the capital or profits interest in the employer. ``(5) Aggregation rules.-- ``(A) In general.--For purposes of paragraph (4)(A) and applying the $50,000 limitation in paragraph (1)-- ``(i) all members of a controlled group shall be treated as 1 taxpayer, and ``(ii) such limitation shall be allocated among the members of such group in such manner as the Secretary may prescribe. ``(B) Controlled group.--For purposes of this paragraph, all persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as members of a controlled group.'' (c) Effective Dates.-- (1) In general.--The amendments made by this section shall apply to interest paid or accrued after December 31, 1995. (2) Transition rule for existing indebtedness.-- (A) In general.--In the case of indebtedness incurred before January 1, 1996, the amendments made by this section shall not apply to qualified interest paid or accrued on such indebtedness after October 13, 1995, and before January 1, 2001. (B) Qualified interest.--For purposes of subparagraph (A), the qualified interest with respect to any indebtedness for any month is the amount of interest which would be paid or accrued for such month on such indebtedness if the lesser of the following rates of interest were used for such month: (i) The rate of interest specified under the terms of the indebtedness as in effect on October 13, 1995 (and without regard to modification of such terms after such date). (ii) The applicable percentage rate of interest described as Moody's Corporate Bond Yield Average-Monthly Average Corporates as published by Moody's Investors Service, Inc., or any successor thereto, for such month. (C) Applicable percentage.--For purposes of subparagraph (B), the applicable percentage is as follows: For calendar year: The percentage is: 1995 or 1996......................... 100 percent 1997................................. 95 percent 1998................................. 90 percent 1999................................. 85 percent 2000................................. 80 percent. (3) Special rule for grandfathered contracts.--This section shall not apply to any contract purchased on or before June 20, 1986, except that-- (A) paragraph (2) shall apply to interest on indebtedness incurred in connection with such contract which is paid or accrued after October 13, 1995, and before January 1, 1996, and (B) section 264(d)(2) of the Internal Revenue Code of 1986 (as added by subsection (b)) shall apply to such interest paid or accrued after December 31, 1995. (d) Spread of Income Inclusion on Surrender, Etc. of Contracts.-- (1) In general.--If any amount is received under any life insurance policy or endowment or annuity contract described in paragraph (4) of section 264(a) of the Internal Revenue Code of 1986-- (A) on the complete surrender, redemption, or maturity of such policy or contract during calendar year 1996, 1997, 1998, 1999, 2000, or 2001, or (B) in full discharge during any such calendar year of the obligation under the policy or contract which is in the nature of a refund of the consideration paid for the policy or contract, then (in lieu of any other inclusion in gross income) such amount shall be includible in gross income ratably over the 4- taxable year period beginning with the taxable year such amount would (but for this paragraph) be includible. The preceding sentence shall only apply to the extent the amount is includible in gross income for the taxable year in which the event described in subparagraph (A) or (B) occurs. (2) Special rules for applying section 264.--A contract shall not be treated-- (A) as failing to meet the requirement of section 264(c)(1) of the Internal Revenue Code of 1986, or (B) as a single premium contract under section 264(b)(1) of such Code, solely by reason of an occurrence described in subparagraph (A) or (B) of paragraph (1) of this subsection or solely by reason of no additional premiums being received under the contract by reason of a lapse occurring after October 13, 1995. (3) Special rule for deferred acquisition costs.--In the case of the occurrence of any event described in subparagraph (A) or (B) of paragraph (1) of this subsection with respect to any policy or contract-- (A) section 848 of the Internal Revenue Code of 1986 shall not apply to the unamortized balance (if any) of the specified policy acquisition expenses attributable to such policy or contract immediately before the insurance company's taxable year in which such event occurs, and (B) there shall be allowed as a deduction to such company for such taxable year under chapter 1 of such Code an amount equal to such unamortized balance.	Intercity Passenger Rail Trust Fund Act of 1995 - Amends the Internal Revenue Code to establish the Intercity Passenger Rail Trust Fund to finance qualified expenses of: (1) the National Railroad Passenger Corporation; and (2) eligible States. Makes appropriations in specified amounts for FY 1996 through FY 2000 to such Fund. Directs the Secretary of Transportation, by October 1, 2000, to determine and retain the amount in the Intercity Passenger Rail Fund necessary to pay any outstanding qualified expenses, and to transfer any amount not so retained to the Mass Transit Fund. Authorizes the Secretary to transfer from time to time from the Highway Trust Fund to the Intercity Passenger Rail Trust Fund the intercity passenger rail portion of specified funds appropriated to the Highway Trust Fund. Prohibits a deduction for interest paid on loans with respect to any endowment or annuity insurance contracts owned by the taxpayer covering any individual.
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Countering Terrorist Radicalization Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--AMPLIFYING LOCAL EFFORTS TO ROOT OUT TERROR Sec. 101. Countering violent extremism training. Sec. 102. Countering violent extremism assessment. Sec. 103. Department-sponsored clearances. Sec. 104. Definitions. TITLE II--COUNTERMESSAGING TERRORIST ORGANIZATIONS Sec. 201. Directive. TITLE III--COUNTERTERRORISM ADVISORY BOARD Sec. 301. Department of Homeland Security Counterterrorism Advisory Board. TITLE IV--PROHIBITION ON NEW FUNDING Sec. 401. Prohibition on new funding. TITLE I--AMPLIFYING LOCAL EFFORTS TO ROOT OUT TERROR SEC. 101. COUNTERING VIOLENT EXTREMISM TRAINING. (a) Authorization of Training.--The Secretary of Homeland Security is authorized to provide training for personnel, including Department of Homeland Security personnel, State, local, tribal, and territorial representatives at State and major urban area fusion centers for the purpose of administering community awareness briefings and related activities in furtherance of the Department's efforts to counter violent extremism, identify and report suspicious activities, and increase awareness of and more quickly identify terrorism threats, including the travel or attempted travel of individuals from the United States to support a foreign terrorist organization (as such term is described in section 219 of the Immigration and Nationality Act (8 U.S.C. 1189)) abroad. (b) Coordination.--To the extent practicable, in providing the training under subsection (a), the Secretary shall coordinate with the heads of other Federal agencies engaged in community outreach related to countering violent extremism and shall also coordinate with such agencies in the administration of related activities, including community awareness briefings. SEC. 102. COUNTERING VIOLENT EXTREMISM ASSESSMENT. (a) Assessment Required.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with appropriate State, local, tribal, and territorial representatives, shall assess the efforts of the Department of Homeland Security to support countering violent extremism at the State, local, tribal, and territorial levels. Such assessment shall include each of the following: (1) A cataloging of departmental efforts to assist State, local, tribal, and territorial governments in countering violent extremism. (2) A review of cooperative agreements between the Department and such governments relating to countering violent extremism. (3) An evaluation of departmental plans and any potential opportunities to better support such governments that are in furtherance of the Department's countering violent extremism objectives and are consistent with all relevant constitutional, legal, and privacy protections. (b) Submission to Congress.--Not later than 150 days after the date of the enactment of this Act and consistent with the protection of classified information, the Secretary of Homeland Security shall submit to the appropriate congressional committees the findings of the assessment required under subsection (a) together with any related information regarding best practices for countering violent extremism at the State, local, tribal, and territorial levels. SEC. 103. DEPARTMENT-SPONSORED CLEARANCES. Not later than 30 days after the date of the enactment of this Act, the Secretary of Homeland Security shall notify the appropriate congressional committees of the number of employees of State, local, tribal, and territorial governments with security clearances sponsored by the Department of Homeland Security. Such notification shall include a detailed list of the agencies that employ such employees, the level of clearance held by such employees, and whether such employees are assigned as representatives to State and major urban area fusion centers. SEC. 104. DEFINITIONS. In this title: (1) The term ``appropriate congressional committees'' means-- (A) the Committee on Homeland Security and the Permanent Select Committee on Intelligence of the House of Representatives; and (B) the Committee on Homeland Security and Governmental Affairs and the Select Committee on Intelligence of the Senate. (2) The term ``violent extremism'' means ideologically motivated international terrorism or domestic terrorism, as such terms are defined in section 2331 of title 18, United States Code. TITLE II--COUNTERMESSAGING TERRORIST ORGANIZATIONS SEC. 201. DIRECTIVE. (a) In General.--The Secretary of Homeland Security shall incorporate, to the extent practicable, into Department of Homeland Security efforts to combat terrorist recruitment and communications the public testimonials of former violent extremists or their associates, including friends and family. Such efforts may include the following: (1) Countermessaging of foreign terrorist organization communications and narratives. (2) Related community engagement and public education efforts. (b) Coordination.--The Secretary of Homeland Security shall, where appropriate, coordinate the efforts described in subsection (a) with the heads of other Federal departments and agencies, as appropriate, and, to the extent practicable, engage nongovernmental and international partners in the identification and use of testimonials described in such subsection. (c) Rule of Construction.--Nothing in this section may be construed to require the Secretary of Homeland Security to collect testimonials directly from former violent extremists or their associates, including friends and family. TITLE III--COUNTERTERRORISM ADVISORY BOARD SEC. 301. DEPARTMENT OF HOMELAND SECURITY COUNTERTERRORISM ADVISORY BOARD. (a) In General.--At the end of subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) insert the following new section: ``SEC. 210G. DEPARTMENTAL COORDINATION ON COUNTERTERRORISM. ``(a) Establishment.--There is in the Department a board to be composed of senior representatives of departmental operational components and headquarters elements. The purpose of the board shall be to coordinate and integrate departmental intelligence, activities, and policy related to the counterterrorism mission and functions of the Department. ``(b) Charter.--There shall be a charter to govern the structure and mission of the board. Such charter shall direct the board to focus on the current threat environment and the importance of aligning departmental counterterrorism activities under the Secretary's guidance. The charter shall be reviewed and updated every 4 years, as appropriate. ``(c) Members.-- ``(1) Chair.--The Secretary shall appoint a Coordinator for Counterterrorism within the Department who will serve as the chair of the board. ``(2) Additional members.--The Secretary shall appoint additional members of the board from among the following: ``(A) The Transportation Security Administration. ``(B) United States Customs and Border Protection. ``(C) United States Immigration and Customs Enforcement. ``(D) The Federal Emergency Management Agency. ``(E) The Coast Guard. ``(F) United States Citizenship and Immigration Services. ``(G) The United States Secret Service. ``(H) The National Protection and Programs Directorate. ``(I) The Office of Operations Coordination. ``(J) The Office of the General Counsel. ``(K) The Office of Intelligence and Analysis. ``(L) The Office of Policy. ``(M) The Science and Technology Directorate. ``(N) Other Departmental offices and programs as determined appropriate by the Secretary. ``(d) Meetings.--The board shall meet on a regular basis to discuss intelligence and coordinate ongoing threat mitigation efforts and departmental activities, including coordination with other Federal, State, local, tribal, territorial, and private sector partners, and shall make recommendations to the Secretary. ``(e) Terrorism Alerts.--The board shall advise the Secretary on the issuance of terrorism alerts pursuant to section 203 of this Act. ``(f) Prohibition on Additional Funds.--No additional funds are authorized to carry out this section.''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 210F the following new item: ``Sec. 210G. Departmental coordination on counterterrorism.''. (c) Report.--Not later than 90 days after the date of the enactment of this Act, the Secretary, acting through the Coordinator for Counterterrorism, shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the status and activities of the board established under section 210G of the Homeland Security Act of 2002, as added by subsection (a). TITLE IV--PROHIBITION ON NEW FUNDING SEC. 401. PROHIBITION ON NEW FUNDING. No additional funds are authorized to be appropriated to carry out this Act or the amendments made by this Act. Passed the House of Representatives June 16, 2016. Attest: KAREN L. HAAS, Clerk.	. Countering Terrorist Radicalization Act TITLE I--AMPLIFYING LOCAL EFFORTS TO ROOT OUT TERROR (Sec. 101) This bill authorizes the Department of Homeland Security (DHS) to provide training at state and major urban area fusion centers for the purpose of administering community awareness briefings and related activities in furtherance of its efforts to counter violent extremism, identify and report suspicious activities, and increase awareness of and more quickly identify terrorism threats, including the travel or attempted travel of individuals from the United States to support a foreign terrorist organization abroad. (A "fusion center" serves as a focal point within the state and local environment for the receipt, analysis, gathering, and sharing of threat-related information between the federal government and state, local, tribal, territorial and private sector partners.) (Sec. 102) The bill directs DHS to assess its efforts to support countering violent extremism at the state, local, tribal, and territorial levels. Such assessment shall: catalog such efforts; review cooperative agreements between DHS and such governments relating to countering violent extremism; and evaluate DHS plans and any potential opportunities to better support such governments that are in furtherance of DHS's countering violent extremism objectives and consistent with all relevant constitutional, legal, and privacy protections. (Sec. 103) DHS shall notify Congress of the number of employees of state, local, tribal, and territorial governments with security clearances sponsored by DHS, including a detailed list of the agencies that employ such employees, the level of clearance held, and whether such employees are assigned as representatives to fusion centers. TITLE II--COUNTERMESSAGING TERRORIST ORGANIZATIONS (Sec. 201) DHS shall incorporate the public testimonials of former extremists into its efforts to combat terrorist recruitment. Such efforts may include: (1) counter-messaging of foreign terrorist organization communications, and (2) related community engagement and public education efforts. TITLE III--COUNTERTERRORISM ADVISORY BOARD (Sec. 301) This title amends the Homeland Security Act of 2002 to establish in DHS a board to coordinate and integrate DHS's intelligence, activities, and policy related to its counterterrorism mission and functions. The board shall: (1) meet on a regular basis to discuss intelligence and coordinate ongoing threat mitigation efforts and departmental activities, and (2) advise the Secretary of DHS on the issuance of terrorism alerts. The Secretary shall appoint a Coordinator for Counterterrorism within DHS to serve as the chair of the board. TITLE IV--PROHIBITION ON NEW FUNDING (Sec. 401) No additional funds are authorized to be appropriated to carry out this bill.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Prosecution Drug Treatment Alternative to Prison Act of 2000''. SEC. 2. DRUG TREATMENT ALTERNATIVE TO PRISON PROGRAMS ADMINISTERED BY STATE OR LOCAL PROSECUTORS. (a) Prosecution Drug Treatment Alternative to Prison Programs.-- Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end the following new part: ``PART AA--PROSECUTION DRUG TREATMENT ALTERNATIVE TO PRISON PROGRAMS ``SEC. 2701. PROGRAM AUTHORIZED. ``(a) In General.--The Attorney General may make grants to State or local prosecutors for the purpose of developing, implementing, or expanding drug treatment alternative to prison programs that comply with the requirements of this part. ``(b) Use of Funds.--A State or local prosecutor who receives a grant under this part shall use amounts provided under the grant to develop, implement, or expand the drug treatment alternative to prison program for which the grant was made, which may include payment of the following expenses: ``(1) Salaries, personnel costs, equipment costs, and other costs directly related to the operation of the program, including the enforcement unit. ``(2) Payments to licensed substance abuse treatment providers for providing treatment to offenders participating in the program for which the grant was made, including aftercare supervision, vocational training, education, and job placement. ``(3) Payments to public and nonprofit private entities for providing treatment to offenders participating in the program for which the grant was made. ``(c) Federal Share.--The Federal share of a grant under this part shall not exceed 75 percent of the cost of the program. ``(d) Supplement and Not Supplant.--Grant amounts received under this part shall be used to supplement, and not supplant, non-Federal funds that would otherwise be available for activities funded under this part. ``SEC. 2702. PROGRAM REQUIREMENTS. ``A drug treatment alternative to prison program with respect to which a grant is made under this part shall comply with the following requirements: ``(1) A State or local prosecutor shall administer the program. ``(2) An eligible offender may participate in the program only with the consent of the State or local prosecutor. ``(3) Each eligible offender who participates in the program shall, as an alternative to incarceration, be sentenced to or placed with a long term, drug free residential substance abuse treatment provider that is licensed under State or local law. ``(4) Each eligible offender who participates in the program shall serve a sentence of imprisonment with respect to the underlying crime if that offender does not successfully complete treatment with the residential substance abuse provider. ``(5) Each residential substance abuse provider treating an offender under the program shall-- ``(A) make periodic reports of the progress of treatment of that offender to the State or local prosecutor carrying out the program and to the appropriate court in which the defendant was convicted; and ``(B) notify that prosecutor and that court if that offender absconds from the facility of the treatment provider or otherwise violates the terms and conditions of the program. ``(6) The program shall have an enforcement unit comprised of law enforcement officers under the supervision of the State or local prosecutor carrying out the program, the duties of which shall include verifying an offender's addresses and other contacts, and, if necessary, locating, apprehending, and arresting an offender who has absconded from the facility of a residential substance abuse treatment provider or otherwise violated the terms and conditions of the program, and returning such offender to court for sentence on the underlying crime. ``SEC. 2703. APPLICATIONS. ``(a) In General.--To request a grant under this part, a State or local prosecutor shall submit an application to the Attorney General in such form and containing such information as the Attorney General may reasonably require. ``(b) Certifications.--Each such application shall contain the certification of the State or local prosecutor that the program for which the grant is requested shall meet each of the requirements of this part. ``SEC. 2704. GEOGRAPHIC DISTRIBUTION. ``The Attorney General shall ensure that, to the extent practicable, the distribution of grant awards is equitable and includes State or local prosecutors-- ``(1) in each State; and ``(2) in rural, suburban, and urban jurisdictions. ``SEC. 2705. REPORTS AND EVALUATIONS. ``For each fiscal year, each recipient of a grant under this part during that fiscal year shall submit to the Attorney General a report regarding the effectiveness of activities carried out using that grant. Each report shall include an evaluation in such form and containing such information as the Attorney General may reasonably require. The Attorney General shall specify the dates on which such reports shall be submitted. ``SEC. 2706. DEFINITIONS. ``In this part: ``(1) The term `State or local prosecutor' means any district attorney, State attorney general, county attorney, or corporation counsel who has authority to prosecute criminal offenses under State or local law. ``(2) The term `eligible offender' means an individual who-- ``(A) has been convicted of, or pled guilty to, or admitted guilt with respect to a crime for which a sentence of imprisonment is required and has not completed such sentence; ``(B) has never been convicted of, or pled guilty to, or admitted guilt with respect to, and is not presently charged with, a felony crime of violence or a major drug offense or a crime that is considered a violent felony under State or local law; and ``(C) has been found by a professional substance abuse screener to be in need of substance abuse treatment because that offender has a history of substance abuse that is a significant contributing factor to that offender's criminal conduct. ``(3) The term `felony crime of violence' has the meaning given such term in section 924(c)(3) of title 18, United States Code. ``(4) The term `major drug offense' has the meaning given such term in section 36(a) of title 18, United States Code.''. (b) Authorization of Appropriations.--Section 1001(a) of title I of the Omnibus Crime Control and Safe Street Act of 1968 (42 U.S.C. 3793(a)) is amended by adding at the end the following new paragraph: ``(24) There are authorized to be appropriated to carry out part AA-- ``(A) $75,000,000 for fiscal year 2000; ``(B) $85,000,000 for fiscal year 2001; ``(C) $95,000,000 for fiscal year 2002; ``(D) $105,000,000 for fiscal year 2003; and ``(E) $125,000,000 for fiscal year 2004.''. Passed the House of Representatives October 17, 2000. Attest: JEFF TRANDAHL, Clerk.	Sets forth provisions regarding permissible uses of grant funds, the Federal cost share (75 percent), program and application requirements, geographic distribution of grant awards, reports, and evaluations. Authorizes appropriations. Title II: Federal Drug Treatment Alternative Sentencing - Federal Drug Treatment Alternative Sentencing Act of 2000 - Directs the court, upon the conviction of an individual for a misdemeanor under Controlled Substances Act provisions regarding simple possession of a controlled substance, if the individual meets specified criteria, to consider sentencing that individual to a term of probation that includes a condition, or a term of imprisonment that includes a recommendation, of participation in substance abuse treatment, including a drug dependency program. (Sec. 203) Directs the court: (1) if it imposes a sentence of probation, to subject such sentence to specified requirements under the Federal criminal code; and (2) in considering discretionary conditions of probation, to consider and use, where appropriate to assure participation in substance abuse treatment, any of several listed options, including day fines, house arrest, electronic monitoring, intensive probation supervision, day reporting centers, intermittent confinement, and treatment in therapeutic community. Directs that each offender who participates in a substance abuse program under this section serve a sentence of imprisonment with respect to the underlying offense if that offender does not successfully complete such a program. Directs the court to order that substance abuse treatment be provided in the locality in which the individual resides. (Sec. 204) Requires the Bureau of Prisons to maintain a drug dependency program for offenders sentenced to incarceration, which shall consist of residential substance abuse treatment and aftercare services. Sets forth reporting requirements. (Sec. 206) Directs the United States Sentencing Commission to submit a report to the House and Senate Judiciary Committees regarding mandatory minimum sentences for controlled substance offenses, which shall include an analysis of: (1) whether such sentences may have a disproportionate impact on ethnic or racial groups; (2) the effectiveness of such sentences in reducing drug-related crime by violent offenders; and (3) the frequency and appropriateness of the use of such sentences for nonviolent offenders in contrast with other approaches such as drug treatment programs.
SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Social Security and Medicare Lock-Box Act''. (b) Findings Regarding Social Security and Medicare Part A.--The Congress finds the following: (1)(A) Long-term projections show serious problems facing the fiscal health of the trust funds associated with Social Security and Medicare Hospital Insurance. (B) According to the 2016 Annual Report of the Board of Trustees of the Federal Old-Age and Survivors Insurance and Federal Disability Insurance Trust Funds, the assets of the combined Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund will be exhausted by 2034, and the Disability Insurance Trust Fund alone will be depleted by 2022. (C) According to the 2016 Annual Report of the Board of Trustees of the Federal Hospital Insurance and Federal Supplementary Medical Insurance Trust Funds, the assets of the Federal Hospital Insurance Trust Fund will be exhausted by 2028. (2)(A) The Trustees of these trust funds strongly encourage action to protect the solvency of the trust funds. (B) In their message to the public, included in the 2016 Annual Reports, the Social Security and Medicare Boards of Trustees wrote, ``Social Security's and Medicare's projected long-range costs exceed currently scheduled financing and will require legislative action to avoid subjecting beneficiaries and taxpayers to unanticipated program changes. The sooner that lawmakers take action, the wider will be the range of solutions to consider and the more time that will be available to phase in changes, giving the public adequate time to prepare. Earlier action allows more generations to share the economic cost of maintaining program solvency, and would provide more opportunity to ameliorate adverse impacts on vulnerable populations, including lower-income workers and people already significantly dependent on program benefits.'' (3) Social Security and Medicare are meant to provide a secure and stable base so that older Americans can live in dignity. (4) Protecting the future surpluses of these trust funds can only occur when meaningful reform has been enacted by Congress. Any path to solvency must include the protection of future surpluses. SEC. 2. INTERIM PROTECTIONS FOR SOCIAL SECURITY TRUST FUND SURPLUS. Section 201(d) of the Social Security Act (42 U.S.C. 402(d)) is amended-- (1) by striking ``It shall be the duty'' and inserting ``(1) Except as provided in paragraph (2), it shall be the duty''; (2) by striking ``(1) on original issue at the issue price, or (2)'' and inserting ``(A) on original issue at the issue price, or (B)''; and (3) by adding at the end the following new paragraph: ``(2)(A) There is established in the Federal Old-Age and Survivors Insurance Trust Fund a Social Security Surplus Protection Account. As soon as practicable after the end of each fiscal year after fiscal year 2018, the Managing Trustee shall transfer to the Account, from amounts otherwise available in the Trust Fund, amounts equivalent to the social security surplus for such fiscal year. Such amounts shall be transferred from time to time to the Account, such amounts to be determined on the basis of estimates by the Managing Trustee, and proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or were less than the correct amount. ``(B) For purposes of subparagraph (A), the term `social security surplus' means, for any fiscal year, the excess, if any, of-- ``(i) the sum of-- ``(I) the taxes imposed for such fiscal year by chapter 21 (other than sections 3101(b) and 3111(b)) of the Internal Revenue Code of 1986 with respect to wages (as defined in section 3121 of such Code) reported to the Secretary of the Treasury or his delegates pursuant to subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rates of tax under such chapter 21 (other than sections 3101(b) and 3111(b)) to such wages, less the amounts specified in clause (1) of subsection (b) of this section for such fiscal year, ``(II) the taxes imposed by chapter 2 (other than section 1401(b)) of the Internal Revenue Code of 1986 with respect to self-employment income (as defined in section 1402 of such Code) reported to the Secretary of the Treasury on tax returns under subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rate of tax under such chapter (other than section 1401(b)) to such self-employment income, less the amounts specified in clause (2) of subsection (b) of this section for such fiscal year, and ``(III) the amount equivalent to the aggregate increase in tax liabilities under chapter 1 of the Internal Revenue Code of 1986 which is attributable to the application of sections 86 and 871(a)(3) of such Code to payments from the Trust Fund, over ``(ii) the sum of-- ``(I) benefits paid from the Trust Fund during the fiscal year, and ``(II) amounts authorized to be made available from the Trust Fund under subsection (g) of this section which are paid from the Trust Fund during such fiscal year. ``(C) Notwithstanding paragraph (1), the balance in the Account shall not be available for investment by the Managing Trustee. ``(D)(i) The preceding provisions of this paragraph shall not apply with respect to fiscal years commencing with or after the first fiscal year, after fiscal year 2018, for which a provision of Federal law takes effect and authorizes, for amounts in the Trust Fund, an investment vehicle other than obligations of the United States. ``(ii) A provision of Federal law shall be deemed to meet the requirements of clause (i) if such provision includes the following: `This Act shall be considered to be a provision of Federal law meeting the requirements of section 201(d)(2)(D)(i) of the Social Security Act.'.''. SEC. 3. INTERIM PROTECTIONS FOR MEDICARE PART A TRUST FUND SURPLUS. (a) In General.--Section 1817(c) of the Social Security Act (42 U.S.C. 1395i(c)) is amended-- (1) by striking ``It shall be the duty'' and inserting ``(1) Except as provided in paragraph (2), it shall be the duty''; (2) by striking ``(1) on original issue at the issue price, or (2)'' and inserting ``(A) on original issue at the issue price, or (B)''; and (3) by adding at the end the following new paragraph: ``(2)(A) There is established in the Federal Hospital Insurance Trust Fund a Medicare Surplus Protection Account (in this paragraph referred to as the `Account'). As soon as practicable after the end of each fiscal year after fiscal year 2018, the Managing Trustee shall transfer to the Account, from amounts otherwise available in the Trust Fund, amounts equivalent to the Medicare part A surplus for such fiscal year. Such amounts shall be transferred from time to time to the Account, such amounts to be determined on the basis of estimates by the Managing Trustee, and proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or were less than the correct amount. ``(B) For purposes of subparagraph (A), the term `Medicare part A surplus' means, for any fiscal year, the excess, if any, of-- ``(i) the sum of-- ``(I) the taxes imposed for such fiscal year by sections 3101(b) and 3111(b) of the Internal Revenue Code of 1986 with respect to wages (as defined in section 3121 of such Code) reported to the Secretary of the Treasury or his delegates pursuant to subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rates of tax under such sections to such wages; and ``(II) the taxes imposed by section 1401(b) of the Internal Revenue Code of 1986 with respect to self- employment income (as defined in section 1402 of such Code) reported to the Secretary of the Treasury on tax returns under subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rate of tax under such section 1401(b) to such self-employment income; over ``(ii) the sum of-- ``(I) benefits paid from the Trust Fund during the fiscal year; and ``(II) amounts authorized to be made available from the Trust Fund under subsection (f) of this section (or section 201(g)) which are paid from the Trust Fund during such fiscal year. ``(C) Notwithstanding paragraph (1), the balance in the Account shall not be available for investment by the Managing Trustee. ``(D)(i) The preceding provisions of this paragraph shall not apply with respect to fiscal years commencing with or after the first fiscal year, after fiscal year 2018, for which a provision of Federal law takes effect and authorizes, for amounts in the Trust Fund, an investment vehicle other than obligations of the United States. ``(ii) A provision of Federal law shall be deemed to meet the requirements of clause (i) if such provision includes the following: `This Act shall be considered to be a provision of Federal law meeting the requirements of section 1817(c)(2)(D)(i) of the Social Security Act.'.''. SEC. 4. SOCIAL SECURITY AND MEDICARE PART A INVESTMENT COMMISSION. (a) Establishment.--There is established in the executive branch of the Government a Social Security and Medicare Part A Investment Commission (in this section referred to as the ``Commission''). (b) Study and Report.--As soon as practicable after the date of the enactment of this Act, the Commission shall conduct a study to ascertain the most effective vehicles for investment of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Hospital Insurance Trust Fund, other than investment in the form of obligations of the United States. Not later than October 1, 2018, the Commission shall submit a report to the President and to each House of the Congress setting forth its recommendations for such vehicles for investment, together with proposals for such administrative and legislative changes as the Commission determines necessary to authorize and implement such recommendations. (c) Composition.--The Commission shall be composed of-- (1) 3 members appointed by the President, of whom 1 shall be designated by the President as Chairman; (2) 2 members appointed by the Speaker of the House of Representatives; (3) 1 member appointed by the minority leader of the House of Representatives; (4) 2 members appointed by the majority leader of the Senate; and (5) 1 member appointed by the minority leader of the Senate. (d) Membership Requirements.--Members of the Commission shall have substantial experience, training, and expertise in the management of financial investments and pension benefit plans. (e) Length of Appointments.--Members of the Commission shall serve for the life of the Commission. A vacancy on the Commission shall be filled in the manner in which the original appointment was made and shall be subject to any conditions that applied with respect to the original appointment. (f) Administrative Provisions.-- (1) Meetings.--The Commission shall meet-- (A) not less than once during each month; and (B) at additional times at the call of the Chairman. (2) Exercise of powers.-- (A) In general.--The Commission shall perform the functions and exercise the powers of the Commission on a majority vote of a quorum of the Commission. Three members of the Commission shall constitute a quorum for the transaction of business. (B) Vacancies.--A vacancy on the Commission shall not impair the authority of a quorum of the Commission to perform the functions and exercise the powers of the Commission. (g) Compensation.-- (1) In general.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at the daily rate of basic pay for level IV of the Executive Schedule for each day during which such member is engaged in performing a function of the Commission. (2) Expenses.--A member of the Commission shall be paid travel, per diem, and other necessary expenses under subchapter I of chapter 57 of title 5, United States Code, while traveling away from such member's home or regular place of business in the performance of the duties of the Commission. (h) Termination.--The Commission shall terminate 90 days after the date of the submission of its report pursuant to subsection (b).	Social Security and Medicare Lock-Box Act This bill establishes: (1) in the Federal Old-Age and Survivors Insurance Trust Fund, a Social Security Surplus Protection Account; and (2) in the Federal Hospital Insurance Trust Fund, a Medicare Surplus Protection Account. The Managing Trustee of each trust fund (in both cases, the Secretary of the Treasury): (1) must transfer the annual surplus of the trust fund to its respective account; and (2) may not invest the balance in the account until a law takes effect that authorizes, for amounts in the trust fund, an investment vehicle other than U.S. obligations. The bill establishes in the executive branch a commission to study the most effective vehicles for investment of the trust funds, other than investments in the form of U.S. obligations.
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Railroad Security and Public Awareness Act of 2005''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Rail worker security training program. Sec. 3. Public awareness. Sec. 4. Railroad security upgrades. SEC. 2. RAIL WORKER SECURITY TRAINING PROGRAM. (a) In General.--Not later than 60 days after the date of enactment of this Act, the Secretary of Homeland Security, in consultation with appropriate law enforcement, security, and terrorism experts, representatives of railroad carriers, and nonprofit employee organizations that represent rail workers, shall develop and issue detailed guidance for a rail worker security training program to prepare front-line workers for potential threat conditions. (b) Program Elements.--The guidance developed under subsection (a) shall require such a program to include, at a minimum, elements that address the following: (1) Determination of the seriousness of any occurrence. (2) Crew communication and coordination. (3) Appropriate responses to defend oneself. (4) Use of protective devices. (5) Evacuation procedures. (6) Psychology of terrorists to cope with hijacker behavior and passenger responses. (7) Live situational training exercises regarding various threat conditions, including tunnel evacuation procedures. (8) All employee training provisions included in the Transportation Security Directive (SD RAILPAX-04-01 and SD RAILRAX-04-02) issued under the authority of section 114 of title 49, United States Code, by the Transportation Security Administration on May 20, 2004. (9) Any other areas that the Secretary deems appropriate. (c) Railroad Carrier Programs.--Not later than 60 days after the Secretary issues guidance under subsection (a) in final form, each railroad carrier shall develop a rail worker security training program in accordance with that guidance and submit it to the Secretary for approval. Not later than 30 days after receiving a railroad carrier's program under this subsection, the Secretary shall review the program and approve it or require the railroad carrier to make any revisions the Secretary considers necessary for the program to meet the guidance requirements. (d) Training.--Not later than 180 days after the Secretary approves the training program developed by a railroad carrier under this section, the railroad carrier shall complete the training of all front- line workers in accordance with that program. (e) Updates.--The Secretary shall update the training guidance issued under subsection (a) from time to time to reflect new or different security threats, and require railroad carriers to revise their programs accordingly and provide additional training to their front-line workers. (f) Security Training Program Grants.--The Secretary of Homeland Security is authorized to make grants to railroads (including intercity, heavy, and light rail), hazardous materials shippers, owners of rail cars used in the transportation of hazardous materials, universities, colleges, and research centers, and State and local governments (for railroad facilities and infrastructure) for full or partial reimbursement of costs incurred to implement the program detailed in subsection (a). (g) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Homeland Security $100,000,000 for fiscal year 2007 to carry out the purposes of this section. Amounts appropriated pursuant to this subsection shall remain available until expended. (h) Definition.--For purposes of this section, the term ``front- line workers'' means heavy and light rail employees who have daily access to the operations infrastructure and passengers of their rail systems. SEC. 3. PUBLIC AWARENESS. Not later than 90 days after the date of enactment of this Act, the Secretary of Homeland Security, shall develop a national plan for public outreach and awareness. Such plan shall be designed to increase awareness of measures that the general public, railroad passengers, and railroad employees can take to increase railroad system security. Such plan shall also provide outreach to railroad carriers and their employees to improve their awareness of available technologies, ongoing research and development efforts, and available Federal funding sources to improve railroad security. Not later than 9 months after the date of enactment of this Act, the Secretary of Homeland Security shall implement the plan developed under this section. SEC. 4. RAILROAD SECURITY UPGRADES. (a) Security Improvement Grants.--The Secretary of Homeland Security is authorized to make grants to railroads (including intercity passenger and heavy and light rail), hazardous materials shippers, owners of rail cars used in the transportation of hazardous materials, universities, colleges, and research centers, and State and local governments (for railroad facilities and infrastructure) for full or partial reimbursement of costs incurred to prevent or respond to acts of terrorism, sabotage, or other railroad security threats, including providing for-- (1) technologies for reduction of tank car vulnerability; (2) demonstration of bridge and tunnel inspection technologies (3) security and redundancy for critical communications, electric power (including traction power), computer, and train control systems essential for secure railroad operations or to continue railroad operations after an attack impacting railroad operations; (4) the security of hazardous material transportation by railroad; (5) secure passenger railroad stations, trains, and infrastructure; (6) public security awareness campaigns for passenger train operations; (7) the sharing of intelligence and information about railroad security threats; (8) train tracking and interoperable communications systems that are coordinated to the maximum extent possible; (9) additional police and security officers, including canine units; and (10) all provisions included in the Transportation Security Directives (SD RAILPAX-04-01 and SD RAILPAX-04-02) issued under the authority of section 114 of title 49, United States Code, by the Transportation Security Administration on May 20, 2004. (b) Risk Assessments.--Grants shall be awarded under section on the basis of the results of risk assessments-- (1) conducted by the Secretary of Homeland Security; or (2) conducted by rail operators or owners, and reviewed and determined sufficient by the Secretary of Homeland Security. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Homeland Security $400,000,000 for fiscal year 2007 to carry out the purposes of this section. Amounts appropriated pursuant to this subsection shall remain available until expended. SEC. 5. TIMELINES FOR RISK ASSESSMENT AND AGENCY COOPERATION. Not later than 90 days after the date of enactment of this Act, the Secretary of Homeland Security, shall-- (1) develop a plan and timeline for completing the Department's framework for analyzing sector risks, including risks to the United States rail system; (2) evaluate whether the risk assessment methodology used by the Office for Domestic Preparedness should be leveraged to facilitate the completion of risk assessments for rail and other transportation modes; and (3) set timelines for completing the memorandum of understanding modal agreements for rail, mass transit, and research and development, which both the Department of Homeland Security and the Department of Transportation have agreed to pursue. SEC. 6. SECURITY STANDARDS AND INSPECTIONS. Not later than 90 days after the date of enactment of this Act, the Secretary of Homeland Security shall develop and issue, in coordination with the Secretary of Transportation and rail operators and owners-- (1) rail security standards outlining actions for securing rail systems that reflect industry best practices; and (2) a plan identifying how Transportation Security Administration rail inspectors will be used to measure, monitor, and enforce the security standards issued under paragraph (1) and, if appropriate, recommendations for how rail asset owners should be required to enforce such standards. SEC. 7. STUDY OF FOREIGN RAIL SECURITY PRACTICES. The Secretary of Homeland Security shall-- (1) study select foreign rail security practices, and the cost and feasibility of implementing selected best practices that are not currently used in the United States, including-- (A) implementing covert testing processes to evaluate the effectiveness of rail system security personnel; (B) implementing practices used by foreign rail operators that integrate security into infrastructure design; (C) implementing random searches or screening of passengers and their baggage; and (D) establishing and maintaining an information clearinghouse on existing and emergency security technologies and security best practices used in the passenger rail industry both in the United States and abroad; and (2) report the results of the study, together with any recommendations that the Secretary may have for implementing covert testing, practices for integrating security in infrastructure design, random searches or screenings, and an information clearinghouse to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Homeland Security of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives not later than 1 year after the date of enactment of this Act.	Railroad Security and Public Awareness Act of 2005 - Directs the Secretary of Homeland Security to develop and issue detailed guidance for a rail worker security training program to prepare front-line workers for potential threat conditions. Requires railroad carriers to develop a rail worker security training program that meets the Secretary's approval. Directs the Secretary to develop a national plan for public outreach and awareness of measures that the general public, railroad passengers, and railroad employees can take to increase railroad security. Authorizes the Secretary to make grants to railroads (including intercity, heavy, and light rail), hazardous materials shippers, owners of hazardous materials rail cars, universities, colleges, and research centers, and state and local governments (for railroad facilities and infrastructure) for full or partial reimbursement of: (1) rail worker security training program costs; and (2) security upgrade costs incurred by a railroad to prevent or respond to acts of terrorism, sabotage, or other railroad security threats. Directs the Secretary to: (1) develop timelines for completing the Department of Homeland Security's (DHS) framework for analyzing risks to the U.S. rail system and other transportation sectors; (2) evaluate whether the risk assessment used by the Office for Domestic Preparedness should be leveraged to facilitate the completion of such risk assessments; (3) set timelines for completing the memorandum of understanding (MOU) modal agreements for rail, mass transit, and research and development (R&D), which DHS and the Department of Transportation (DOT) have agreed to pursue; (4) develop and issue rail security standards, including a plan for how Transportation Security Administration (TSA) rail inspectors will be used to enforce such standards; and (5) study select foreign rail security practices, including the cost of implementing selected best practices not currently used in the United States.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Semiautomatic Assault Weapon Violence Prevention Act of 1993''. SEC. 2. PROHIBITION OF SEMIAUTOMATIC ASSAULT WEAPONS. (a) Definitions.--Section 921(a) of title 18, United States Code, is amended-- (1) in paragraph (28) by striking ```semiautomatic rifle' means any repeating rifle'' and inserting ```semiautomatic firearm' means a repeating firearm''; and (2) by adding at the end the following new paragraph: ``(29) The term `semiautomatic assault weapon'-- ``(A) means-- ``(i) any of the semiautomatic firearms known as-- ``(I) A.A. Arms AP-9; ``(II) Auto-Ordnance Thompson; ``(III) Barrett Light-Fifty; ``(IV) Beretta AR-70; ``(V) Bushmaster Auto Rifle; ``(VI) Calico M-900 and M-950; ``(VII) Cobray, Ingram and RPB MAC-10 and MAC-11; ``(VIII) Colt AR-15 and Sporter; ``(IX) Encom MP-9 and MP-45; ``(X) Fabrique Nationale FN/FAL, FN/LAR, and FNC; ``(XI) Feather AT-9; ``(XII) Federal XP900 and XP450; ``(XIII) Franchi SPAS-12; ``(XIV) Intratec TEC-9 and TEC-22; ``(XV) Israeli Military Industries UZI and Galil; ``(XVI) Iver Johnson Enforcer 3000; ``(XVII) Norinco, Mitchell and Poly Technologies Avtomat Kalashnikovs; ``(XVIII) Steyr AUG; or ``(XIX) USAS-12; ``(ii) a revolving-cylinder shotgun such as or similar to the Street Sweeper or Striker 12; and ``(iii) a semiautomatic firearm designated by the Secretary as a semiautomatic assault weapon under section 931; and ``(B) does not include (among other firearms)-- ``(i) any of the firearms known as-- ``(I) Remington Model 1100 shotgun; ``(II) Remington Model 7400 rifle; ``(III) Mossberg Model 5500 shotgun; ``(IV) HK Model 300 rifle; ``(V) Marlin Model 9 camp carbine; ``(VI) Browning High-Power rifle; or ``(VII) Remington Nylon 66 auto loading rifle; ``(ii) a firearm that is a manually operated bolt action firearm; ``(iii) a lever action firearm; ``(iv) a slide action firearm; or ``(v) a firearm that has been rendered permanently inoperable.''. (b) Prohibition.--Section 922 of title 18, United States Code, is amended by adding at the end the following new subsection: ``(s)(1) Except as provided in paragraph (2), it shall be unlawful for a person to transfer or possess a semiautomatic assault weapon. ``(2) This subsection does not apply with respect to-- ``(A) a transfer to or by, or possession by or under the authority of the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State; ``(B) a lawful transfer or lawful possession of a semiautomatic assault weapon that was lawfully possessed before the effective date of this subsection or, in the case of a semiautomatic firearm that the Secretary designates as a semiautomatic assault weapon pursuant to section 931, before the date on which the designation is made; or ``(C) the transfer or possession of a semiautomatic assault weapon by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Secretary.''. (c) Designation of Semiautomatic Assault Weapons.-- (1) In general.--Chapter 44 of title 18, United States Code, is amended by adding at the end the following new section: ``Sec. 931. Designation of semiautomatic assault weapons ``(a) In General.--Not later than 180 days after the date of enactment of this section, and annually thereafter, the Secretary, in consultation with the Attorney General, shall determine whether any other semiautomatic firearm (other than a firearm described in section 921(a)(29)(B)) should be designated as a semiautomatic assault weapon in addition to those previously designated by section 921(a)(29)(A) or by the Secretary under this section. ``(b) Criteria.--(1) The Secretary shall by regulation designate as a semiautomatic assault weapon a rifle, pistol, or shotgun that is a semiautomatic firearm and that is described in paragraph (2), (3), (4), or (5). ``(2) A replica or duplicate in any caliber of a semiautomatic firearm described in section 921(a)(29)(A)(i) is a semiautomatic assault weapon. ``(3) A rifle that is a semiautomatic firearm is a semiautomatic assault weapon if it-- ``(A) is not generally recognized as being particularly suitable for or readily adaptable to sporting purposes; ``(B) has an ability to accept a detachable magazine; and ``(C) has at least 2 of the following characteristics: ``(i) A folding or telescoping stock. ``(ii) A pistol grip that protrudes conspicuously beneath the action of the weapon. ``(iii) A bayonet mount. ``(iv) A flash suppressor or threaded barrel designed to accommodate a flash suppressor. ``(v) A grenade launcher. ``(4) A pistol that is a semiautomatic firearm is a semiautomatic assault weapon if it-- ``(A) is not generally recognized as being particularly suitable for or adaptable to sporting purposes; and ``(B) has an ability to accept a detachable magazine; and ``(C) has at least 2 of the following characteristics: ``(i) An ammunition magazine that attaches to the pistol outside of the pistol grip. ``(ii) A threaded barrel capable of accepting a barrel extender, flash suppressor, forward hand grip, or silencer. ``(iii) A shroud that is attached to or partially or completely encircles the barrel and that permits the shooter to hold the firearm with the second hand without being burned. ``(iv) A manufactured weight of 50 ounces or more when the pistol is unloaded. ``(v) A semiautomatic version of an automatic firearm. ``(5) A shotgun that is a semiautomatic firearm is a semiautomatic assault weapon if it-- ``(A) is not generally recognized as being particularly suitable for or adaptable to sporting purposes; and ``(B) has at least 2 of the following characteristics: ``(i) A folding or telescoping stock. ``(ii) A pistol grip that protrudes conspicuously beneath the action of the weapon. ``(iii) A fixed magazine capacity in excess of 6 rounds. ``(iv) An ability to accept a detachable magazine.''. (2) Technical amendment.--The chapter analysis for chapter 44 of title 18, United States Code, is amended by adding at the end the following new item: ``931. Designation of semiautomatic assault weapons.''. (d) Penalties.--Section 924(a)(1)(B) of title 18, United States Code, is amended by striking ``or 922(q)'' and inserting ``922 (q), (r), or (s)''. (e) Identification Markings for Semiautomatic Assault Weapons.-- Section 923(i) of title 18, United States Code, is amended by adding at the end the following new sentence: ``The serial number of a semiautomatic assault weapon shall clearly show if the weapon was manufactured or imported after the effective date of this sentence.''. SEC. 3. PROHIBITION OF LARGE CAPACITY AMMUNITION FEEDING DEVICES. (a) Prohibition.--Section 922 of title 18, United States Code, as amended by section 2, is amended by adding at the end the following new subsection: ``(t)(1) Except as provided in paragraph (2), it shall be unlawful for a person to transfer or possess a large capacity ammunition feeding device. ``(2) This subsection does not apply with respect to-- ``(A) a transfer to or by, or possession by or under the authority of, the United States or any department or agency of the United States or a State, or a department, agency, or political subdivision of a State; ``(B) a lawful transfer or lawful possession of a large capacity ammunition feeding device that was lawfully possessed before the effective date of this subsection other than a transfer by a licensed dealer; or ``(C) the transfer or possession of a large capacity ammunition feeding device by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Secretary.''. (b) Large Capacity Ammunition Feeding Device Defined.--Section 921(a) of title 18, United States Code, as amended by section 2, is amended by adding at the end the following new paragraph: ``(30) The term `large capacity ammunition feeding device'-- ``(A) means-- ``(i) a magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition; and ``(ii) any combination of parts from which a device described in clause (i) can be assembled, but ``(B) does not include an attached tubular device designed to accept and capable of operating only with .22 caliber rimfire ammunition.''. (c) Large Capacity Ammunition Feeding Devices Defined and Treated as Firearms.--Section 921(a)(3) of title 18, United States Code, is amended in the first sentence-- (1) by striking ``or''; and (2) by striking ``device.'' and inserting ``, or (E) any large capacity ammunition feeding device.''. (d) Penalty.--Section 924(a)(1)(B) of title 18, United States Code, as amended by section 2(d), is amended by striking ``or (s)'' and inserting ``(s), or (t)''. (e) Identification Markings for Large Capacity Ammunition Feeding Devices.--Section 923(i) of title 18, United States Code, is amended by adding at the end the following new sentence: ``A large capacity ammunition feeding device shall be identified by a serial number that clearly shows the device was manufactured or imported after the effective date of this subsection, and such other identification as the Secretary may by regulations prescribe.''.	Semiautomatic Assault Weapon Violence Prevention Act of 1993 - Amends the Federal criminal code to make it unlawful to transfer or possess a semiautomatic assault weapon. Makes this Act inapplicable to the transfer or possession of a weapon: (1) by a Federal or State agency; (2) that was lawfully possessed before this Act's enactment or, in the case of a semiautomatic firearm designated as a semiautomatic assault weapon under this Act, before the designation is made; or (3) by a licensed manufacturer or importer for purposes of authorized testing or experimentation. Directs the Secretary of the Treasury to designate a rifle, pistol, or shotgun that is a semiautomatic firearm and meets specified criteria as a semiautomatic assault weapon. Makes it unlawful to transfer or possess a large capacity ammunition feeding device except in connection with activities parallel to those listed for the possession or transfer of semiautomatic assault weapons. Requires the serial numbers of such weapons or devices to clearly show if they were manufactured or imported after this Act's effective date.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Cabin Fee Act of 2014''. SEC. 2. CABIN USER FEES. (a) In General.--The Secretary of Agriculture (referred to in this Act as the ``Secretary'') shall establish a fee in accordance with this section for the issuance of a special use permit for the use and occupancy of National Forest System land for recreational residence purposes. (b) Interim Fee.--During the period beginning on January 1, 2014, and ending on the last day of the calendar year during which the current appraisal cycle is completed under subsection (c), the Secretary shall assess an interim annual fee for recreational residences on National Forest System land that is an amount equal to the lesser of-- (1) the fee determined under the Cabin User Fee Fairness Act of 2000 (16 U.S.C. 6201 et seq.), subject to the requirement that any increase over the fee assessed during the previous year shall be limited to not more than 25 percent; or (2) $5,600. (c) Completion of Current Appraisal Cycle.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall complete the current appraisal cycle, including receipt of timely second appraisals, for recreational residences on National Forest System land in accordance with the Cabin User Fee Fairness Act of 2000 (16 U.S.C. 6201 et seq.) (referred to in this Act as the ``current appraisal cycle''). (d) Lot Value.--Only appraisals conducted and approved by the Secretary in accordance with the Cabin User Fee Fairness Act of 2000 (16 U.S.C. 6201 et seq.) during the current appraisal cycle shall be used to establish the base value assigned to the lot, subject to the adjustment in subsection (e). If a second appraisal-- (1) was approved by the Secretary, the value established by the second appraisal shall be the base value assigned to the lot; or (2) was not approved by the Secretary, the value established by the initial appraisal shall be the base value assigned to the lot. (e) Adjustment.--On the date of completion of the current appraisal cycle, and before assessing a fee under subsection (f), the Secretary shall make a 1-time adjustment to the value of each appraised lot on which a recreational residence is located to reflect any change in value occurring after the date of the most recent appraisal for the lot, in accordance with the 4th quarter of 2012 National Association of Homebuilders/Wells Fargo Housing Opportunity Index. (f) Annual Fee.-- (1) Base.--After the date on which appraised lot values have been adjusted in accordance with subsection (e), the annual fee assessed prospectively by the Secretary for recreational residences on National Forest System land shall be in accordance with the following tiered fee structure: ------------------------------------------------------------------------ Approximate Percent of Fee Fee Tier Permits Nationally Amount ------------------------------------------------------------------------ Tier 1............................ 6 percent................ $650 Tier 2............................ 16 percent............... $1,150 Tier 3............................ 26 percent.............. $1,650 Tier 4............................ 22 percent.............. $2,150 Tier 5............................ 10 percent.............. $2,650 Tier 6............................ 5 percent................ $3,150 Tier 7............................ 5 percent............... $3,650 Tier 8............................ 3 percent............... $4,150 Tier 9............................ 3 percent............... $4,650 Tier 10........................... 3 percent............... $5,150 Tier 11........................... 1 percent................ $5,650. ------------------------------------------------------------------------ (2) Inflation adjustment.--The Secretary shall increase or decrease the annual fees set forth in the table under paragraph (1) to reflect changes in the Implicit Price Deflator for the Gross Domestic Product published by the Bureau of Economic Analysis of the Department of Commerce, applied on a 5-year rolling average. (3) Access and occupancy adjustment.-- (A) In general.--The Secretary shall by regulation establish criteria pursuant to which the annual fee determined in accordance with this section may be suspended or reduced temporarily if access to, or the occupancy of, the recreational residence is significantly restricted. (B) Appeal.--The Secretary shall by regulation grant the cabin owner the right of an administrative appeal of the determination made in accordance with subparagraph (A) whether to suspend or reduce temporarily the annual fee. (g) Periodic Review.-- (1) In general.--Beginning on the date that is 10 years after the date of the enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that-- (A) analyzes the annual fees set forth in the table under subsection (f) to ensure that the fees reflect fair value for the use of the land for recreational residence purposes, taking into account all use limitations and restrictions (including any limitations and restrictions imposed by the Secretary); and (B) includes any recommendations of the Secretary with respect to modifying the fee system. (2) Limitation.--The use of appraisals shall not be required for any modifications to the fee system based on the recommendations under paragraph (1)(B). SEC. 3. CABIN TRANSFER FEES. (a) In General.--The Secretary shall establish a fee in the amount of $1,200 for the issuance of a new recreational residence permit due to a change of ownership of the recreational residence. (b) Adjustments.--The Secretary shall annually increase or decrease the transfer fee established under subsection (a) to reflect changes in the Implicit Price Deflator for the Gross Domestic Product published by the Bureau of Economic Analysis of the Department of Commerce, applied on a 5-year rolling average. SEC. 4. EFFECT. (a) In General.--Nothing in this Act limits or restricts any right, title, or interest of the United States in or to any land or resource in the National Forest System. (b) Alaska.--The Secretary shall not establish or impose a fee or condition under this Act for permits in the State of Alaska that is inconsistent with section 1303(d) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3193(d)). SEC. 5. RETENTION OF FEES. (a) In General.--Beginning 10 years after the date of the enactment of this Act, the Secretary may retain, and expend, for the purposes described in subsection (b), any fees collected under this Act without further appropriation. (b) Use.--Amounts made available under subsection (a) shall be used to administer the recreational residence program and other recreation programs carried out on National Forest System land. SEC. 6. REPEAL OF CABIN USER FEE FAIRNESS ACT OF 2000. Effective on the date of the assessment of annual permit fees in accordance with section 2(f) (as certified to Congress by the Secretary), the Cabin User Fee Fairness Act of 2000 (16 U.S.C. 6201 et seq.) is repealed.	Cabin Fee Act of 2014 - (Sec. 2) Establishes a new process for the Secretary of Agriculture (USDA) to set annual fees for the issuance of special use permits for the use and occupancy of National Forest System land for recreational residences commonly referred to as cabins. Replaces the current process under which annual user fees are adjusted annually based on changes in land values, which are subject to reappraisals and appeals, with a new tiered system in which fees based on the current appraisal cycle are capped at a specified amount and adjusted annually for inflation only. Requires the Secretary to: (1) complete the current appraisal cycle, including receipt of timely second appraisals, for such residences within one year after enactment of this Act; and (2) assess an interim annual fee for them according to a specified formula. Specifies the annual fee for each of 11 fee tiers that are adjusted annually for inflation. Requires the Secretary to report after 10 years on these annual fees in order to ensure that they reflect fair value for the use of System land, and on any recommendations to modify the fee system. (Sec. 3) Directs the Secretary to establish a transfer fee of $1,200 for the issuance of a new recreational residence permit due to a change in ownership of the recreational residence. (Sec. 5) Permits the Secretary, beginning 10 years after enactment of this Act, to: (1) retain and expend any fees collected under this Act, without further appropriation; and (2) use them to administer the recreational residence program and other recreation programs carried out on System land. (Sec. 6) Repeals the Cabin User Fee Fairness Act of 2000, effective on the date the annual permit fees are first assessed under this Act.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Welfare and Teenage Pregnancy Reduction Act''. SEC. 2. BLOCK GRANTS TO STATES FOR FAMILIES WITH DEPENDENT CHILDREN. (a) In General.--Part A of title IV of the Social Security Act (42 U.S.C. 601-617) is amended to read as follows: ``Part A--Block Grants to States for Families With Dependent Children ``SEC. 401. ENTITLEMENT. ``For grants to which States meeting the requirements of this part are entitled, there is authorized to be appropriated to the Secretary for each fiscal year an amount equal to 103 percent of the aggregate amount of Federal outlays under part A of this title (as in effect immediately before the effective date of this part) for fiscal year 1992. ``SEC. 402. APPLICATION REQUIREMENTS. ``To be entitled to a grant under this part for a fiscal year, a State must, not later than June 30 of the immediately preceding fiscal year, submit to the Secretary an application which describes the State program to assist families with dependent children, including the goals and objectives of the program. ``SEC. 403. BLOCK GRANT. ``The Secretary shall make a grant to each State that meets the requirement of section 402 in an amount equal to 103 percent of the amount paid to the State under part A of this title (as in effect immediately before the effective date of this part) for fiscal year 1992. ``SEC. 404. USE OF FUNDS. ``(a) In General.--Each State to which a grant is made under section 403 for a fiscal year shall use the grant to carry out the State program to assist families with dependent children. ``(b) Prohibitions.--Each State to which a grant is made under section 403 for a fiscal year shall not use any Federal or State funds provided to carry out the State program to assist families with dependent children, to provide assistance during the fiscal year with respect to a dependent child if-- ``(1) the mother or father of the dependent child has not attained 18 years of age; or ``(2) the paternity or maternity of the dependent child has not been established. ``(c) Special Rule.--During a period not exceeding 1 year from the date a family with a dependent child moves to a State to which a grant is made under section 403 for a fiscal year from another State, the State may-- ``(1) apply the same rules as apply with respect to any other dependent child in the State, in providing assistance with respect to the dependent child under the State program to assist families with dependent children; or ``(2) treat the dependent child in the same manner as such other State would have treated the dependent child if the dependent child had not moved from such other State. ``SEC. 405. DEFINITION OF DEPENDENT CHILD. ``As used in this part, the term `dependent child' means an individual who-- ``(1) is needy, as determined by the State in which the child resides; ``(2) has been deprived of parental support or care due to the death, continued absence from the home (other than absence occasioned solely due to the performance of active duty in the uniformed services of the United States), or physical or mental incapacity of a parent; ``(3) is living with the individual's father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt, first cousin, nephew, or niece, in a place of residence maintained by 1 or more of such relatives as his, her, or their home; and ``(4) is-- ``(A) not more than 18 years of age; or ``(B) at the option of the State-- ``(i) not more than 19 years of age; and ``(ii) a full-time student in a secondary school (or in the equivalent level of vocational or technical training) who may reasonably be expected to complete the program of the secondary school (or the training) before attaining 19 years of age.''. ``SEC. 406. ANNUAL REPORTS. ``Not later than 6 months after the end of each fiscal year for which a State is made a grant under section 403, the State shall submit to the Secretary a report which contains-- ``(1) a statement of the average number of families with dependent children in the State during the fiscal year; ``(2) in absolute and in percentage terms, the extent to which there has been an increase or decrease, during the fiscal year and since the effective date of this part, in-- ``(A) teen pregnancies in the State; ``(B) births of children immediately eligible for assistance through the State program of assistance to families with dependent children; ``(C) families to whom such assistance has been terminated due to the gainful employment of 1 or more members of the family; and ``(D) absent parents who contribute financially to the support of families receiving such assistance; and ``(3) the extent to which the State has met the goals and objectives set forth in the application for the grant. ``SEC. 407. WITHHOLDING OF BLOCK GRANT. ``Notwithstanding any other provision of this part, beginning 4 years after the effective date of this part, the Secretary may suspend or withhold for any period part or all of a grant to a State for a fiscal year under this part if, after reviewing the State reports submitted pursuant to section 406, the Secretary determines that the State program of assistance to families with dependent children during the immediately preceding fiscal year has not adequately met the needs of the families.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 1993. (c) References in Other Laws.--Any reference in any law, regulation, document, paper, or other record of the United States to part A of title IV of the Social Security Act, or to a provision of law contained in such part, shall, unless the context otherwise requires, be considered to be a reference to such part, or such provision, as in effect immediately before October 1, 1993. SEC. 3. REDUCTION OF FEDERAL AFDC ADMINISTRATIVE COSTS. (a) Cost-Reduction Requirement.--The Secretary of Health and Human Services shall, using any authorities otherwise available, take such actions as may be necessary to ensure that, for each fiscal year beginning after September 30, 1994, the total administrative costs of the program described in part A of title IV of the Social Security Act shall not exceed 50 percent of the total administrative costs of that program (as then in effect) for fiscal year 1992. (b) Reporting Requirement.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit a written report to Congress describing-- (1) the actions which have been or will be taken in order to achieve timely compliance with subsection (a); (2) the procedures and criteria used in determining what actions to take, including the reasons why each such action was chosen; (3) the savings anticipated from each action described under paragraph (1); and (4) the methodologies and assumptions used in connection with any computations under this section.	Welfare and Teenage Pregnancy Reduction Act - Amends title IV of the Social Security Act (SSA) to replace the program of aid to families with dependent children under SSA title IV part A (AFDC) with a program of block grants to States for families with dependent children whose natural parents have attained age 18. Directs the Secretary of Health and Human Services to report to the Congress on actions required under this Act to reduce AFDC administrative costs.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Minority Serving Institution Digital and Wireless Technology Opportunity Act of 2005''. SEC. 2. ESTABLISHMENT OF OFFICE. (a) In General.--There is established within the National Science Foundation an Office of Minority Serving Institution Digital and Wireless Technology to carry out the provisions of this Act. (b) Purpose.--The Office shall-- (1) strengthen the ability of eligible institutions to provide capacity for instruction in digital and wireless network technologies by providing grants to, or executing contracts or cooperative agreements with, those institutions to provide such instruction; and (2) strengthen the national digital and wireless infrastructure by increasing national investment in telecommunications and technology infrastructure at eligible institutions. SEC. 3. ACTIVITIES SUPPORTED. An eligible institution shall use a grant, contract, or cooperative agreement awarded under this Act-- (1) to acquire equipment, instrumentation, networking capability, hardware and software, digital network technology, wireless technology, and infrastructure; (2) to develop and provide educational services, including faculty development, related to science, mathematics, engineering, or technology; (3) to provide teacher education, library and media specialist training, and preschool and teacher aid certification to individuals who seek to acquire or enhance technology skills in order to use technology in the classroom or instructional process; (4) to implement joint projects and consortia to provide education regarding technology in the classroom with a State or State education agency, local education agency, community-based organization, national non-profit organization, or business, including minority businesses; (5) to provide professional development in science, mathematics, engineering, or technology to administrators and faculty of eligible institutions with institutional responsibility for technology education; (6) to provide capacity-building technical assistance to eligible institutions through remote technical support, technical assistance workshops, distance learning, new technologies, and other technological applications; (7) to foster the use of information communications technology to increase scientific, mathematical, engineering, and technology instruction and research; and (8) to develop proposals to be submitted under this Act and to develop strategic plans for information technology investments. SEC. 4. APPLICATION AND REVIEW PROCEDURE. (a) In General.--To be eligible to receive a grant, contract, or cooperative agreement under this Act, an eligible institution shall submit an application to the Director at such time, in such manner, and accompanied by such information as the Director may reasonably require. The Director, in consultation with the advisory council established under subsection (b), shall establish a procedure by which to accept and review such applications and publish an announcement of such procedure, including a statement regarding the availability of funds, in the Federal Register. (b) Advisory Council.--The Director shall establish an advisory council to advise the Director on the best approaches for involving eligible institutions in the activities described in section 3, and for reviewing and evaluating proposals submitted to the program. In selecting the members of the advisory council, the Director may consult with representatives of appropriate organizations, including representatives of eligible institutions, to ensure that the membership of the advisory council reflects participation by technology and telecommunications institutions, minority businesses, eligible institution communities, Federal agency personnel, and other individuals who are knowledgeable about eligible institutions and technology issues. Any panel assembled to review a proposal submitted to the program shall include members from minority serving institutions. Program review criteria shall include consideration of-- (1) demonstrated need for assistance under this Act; and (2) diversity among the types of institutions receiving assistance under this Act. (c) Data Collection.--An eligible institution that receives a grant, contract, or cooperative agreement under section 2 shall provide the Office with any relevant institutional statistical or demographic data requested by the Office. (d) Information Dissemination.--The Director shall convene an annual meeting of eligible institutions receiving grants, contracts, or cooperative agreements under section 2 for the purposes of-- (1) fostering collaboration and capacity-building activities among eligible institutions; and (2) disseminating information and ideas generated by such meetings. SEC. 5. MATCHING REQUIREMENT. The Director may not award a grant, contract, or cooperative agreement to an eligible institution under this Act unless such institution agrees that, with respect to the costs to be incurred by the institution in carrying out the program for which the grant, contract, or cooperative agreement was awarded, such institution will make available (directly or through donations from public or private entities) non-Federal contributions in an amount equal to 25 percent of the amount of the grant, contract, or cooperative agreement awarded by the Director, or $500,000, whichever is the lesser amount. The Director shall waive the matching requirement for any institution or consortium with no endowment, or an endowment that has a current dollar value lower than $50,000,000. SEC. 6. LIMITATIONS. (a) In General.--An eligible institution that receives a grant, contract, or cooperative agreement under this Act that exceeds $2,500,000, shall not be eligible to receive another grant, contract, or cooperative agreement under this Act until every other eligible institution that has applied for a grant, contract, or cooperative agreement under this Act has received such a grant, contract, or cooperative. (b) Awards Administered by Eligible Institution.--Each grant, contract, or cooperative agreement awarded under this Act shall be made to, and administered by, an eligible institution, even when it is awarded for the implementation of a consortium or joint project. SEC. 7. ANNUAL REPORT AND EVALUATION. (a) Annual Report Required From Recipients.--Each institution that receives a grant, contract, or cooperative agreement under this Act shall provide an annual report to the Director on its use of the grant, contract, or cooperative agreement. (b) Evaluation by Director.--The Director, in consultation with the Secretary of Education, shall-- (1) review the reports provided under subsection (a) each year; and (2) evaluate the program authorized by section 3 on the basis of those reports every 2 years. (c) Contents of Evaluation.--The Director, in the evaluation, shall describe the activities undertaken by those institutions and shall assess the short-range and long-range impact of activities carried out under the grant, contract, or cooperative agreement on the students, faculty, and staff of the institutions. (d) Report to Congress.--The Director shall submit a report to the Congress based on the evaluation. In the report, the Director shall include such recommendations, including recommendations concerning the continuing need for Federal support of the program, as may be appropriate. SEC. 8. DEFINITIONS. In this Act: (1) Eligible Institution.--The term ``eligible institution'' means an institution that is-- (A) a historically Black college or university that is a part B institution, as defined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)); (B) a Hispanic-serving institution, as defined in section 502(a)(5) of the Higher Education Act of 1965 (20 U.S.C. 1101a(a)(5)); (C) a tribally controlled college or university, as defined in section 316(b)(3) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)(3)); (D) an Alaska Native-serving institution under section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)); (E) a Native Hawaiian-serving institution under section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)); or (F) an institution determined by the Director, in consultation with the Secretary of Education, to have enrolled a substantial number of minority, low-income students during the previous academic year who received assistance under subpart I of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a et seq.) for that year. (2) Director.--The term ``Director'' means the Director of the National Science Foundation. (3) Minority Business.--The term ``minority business'' includes HUBZone small business concerns (as defined in section 3(p) of the Small Business Act (15 U.S.C. 632(p)). SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Director of the National Science Foundation $250,000,000 for each of the fiscal years 2006 through 2010 to carry out this Act. Passed the Senate July 1, 2005. Attest: Secretary. 109th CONGRESS 1st Session S. 432 _______________________________________________________________________ AN ACT To establish a digital and wireless network technology program, and for other purposes.	Minority Serving Institution Digital and Wireless Technology Opportunity Act of 2005 - Establishes within the National Science Foundation (NSF) an Office of Minority Serving Institution Digital and Wireless Technology to: (1) award grants, contracts, or cooperative agreements (assistance) to eligible institutions to provide educational instruction in digital and wireless network technologies; and (2) strengthen the national digital and wireless infrastructure by increasing national investment in telecommunications and technology infrastructure at eligible institutions. Requires the NSF Director to establish an advisory council on the best approaches for involving eligible institutions in supported activities and for reviewing and evaluating submitted proposals. Requires the council to include members from minority serving institutions. Requires: (1) a matching recipient contribution of 25 percent of the federal assistance amount; and (2) annual reports from recipients to the NSF Director on the uses of such assistance. Makes the following institutions eligible for such assistance: (1) a historically Black college or university; (2) a Hispanic-, Alaska Native-, or Native Hawaiian-serving institution; (3) a tribally controlled college or university; or (4) an institution determined to have enrolled a substantial number of minority, low-income students who received assistance under the Higher Education Act of 1965. Provides a matching funds requirement. Authorizes appropriations for FY2006-FY2010.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Number Protection Act of 2005''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The inappropriate sale or purchase of Social Security numbers is a significant factor in a growing range of illegal activities, including fraud, identity theft, and, in some cases, stalking and other violent crimes. (2) While financial institutions, health care providers, and other entities have often used Social Security numbers to confirm the identity of an individual, the sale or purchase of these numbers often facilitates the commission of criminal activities, and also can result in serious invasions of individual privacy. (3) The Federal Government requires virtually every individual in the United States to obtain and maintain a Social Security number in order to pay taxes, to qualify for Social Security benefits, or to seek employment. An unintended consequence of these requirements is that Social Security numbers have become tools that can be used to facilitate crime, fraud, and invasions of the privacy of the individuals to whom the numbers are assigned. Because the Federal Government created and maintains this system, and because the Federal Government does not permit persons to exempt themselves from those requirements, it is appropriate for the Government to take steps to stem the abuse of this system. (4) A Social Security number is simply a sequence of numbers. In no meaningful sense can the number itself impart knowledge or ideas. Persons do not sell or transfer such numbers in order to convey any particularized message, nor to express to the purchaser any ideas, knowledge, or thoughts. (5) A Social Security number does not contain, reflect, or convey any publicly significant information or concern any public issue. The sale of such numbers in no way facilitates uninhibited, robust and wide-open public debate; and restrictions on such sale would not affect public debate. (6) No one should seek to profit from the sale of Social Security numbers in circumstances that create a substantial risk of physical, emotional, or financial harm to the individuals to whom those numbers are assigned. (7) Consequently, Congress should enact legislation that will offer individuals assigned such numbers necessary protection from the sale and purchase of Social Security numbers in circumstances that might facilitate unlawful conduct or that might otherwise likely result in unfair and deceptive practices. SEC. 3. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (2) Person.--The term ``person'' means any individual, partnership, corporation, trust, estate, cooperative, association, or any other entity. (3) Sale.--The term ``sale'' means obtaining, directly or indirectly, anything of value in exchange for a Social Security number or Social Security account number. Such term does not include the submission of such numbers as part of the process for applying for any type of Government benefit or programs (such as grant or loan applications or welfare or other public assistance programs). Such term also does not include transfers of such numbers as part of a data matching program under the Computer Matching and Privacy Protection Act. (4) Purchase.--The term ``purchase'' means providing directly or indirectly, anything of value in exchange for a Social Security number or Social Security account number. Such term does not include the submission of such numbers as part of the process for applying for any type of Government benefit or programs (such as grant or loan applications or welfare or other public assistance programs). Such term also does not include transfers of such numbers as part of a data matching program under the Computer Matching and Privacy Protection Act. (5) Social security number; social security account number.--The terms ``Social Security number'' and ``Social Security account number'' have the meaning given those terms in section 208 of the Social Security Act (42 U.S.C. 408). (6) State.--The term ``State'' means any State of the United States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, and any territory or possession of the United States. SEC. 4. REGULATION OF THE SALE AND PURCHASE OF SOCIAL SECURITY NUMBERS AND SOCIAL SECURITY ACCOUNT NUMBERS. (a) Prohibition.--It shall be unlawful for any person to sell or purchase a Social Security number or Social Security account number in a manner that violates a regulation promulgated by the Commission under subsection (b) of this section. (b) Regulations.-- (1) Restrictions authorized.--The Commission, after consultation with the Commissioner of Social Security, the Attorney General, and other agencies as the Commission deems appropriate, shall promulgate regulations restricting the sale and purchase of Social Security numbers and Social Security account numbers and any unfair or deceptive acts or practices in connection with the sale and purchase of Social Security numbers and Social Security account numbers. (2) Limitations on restrictions.--In promulgating such regulations, the Commission shall impose restrictions and conditions on the sale and purchase of Social Security numbers and Social Security account numbers that are no broader than necessary-- (A) to provide reasonable assurance that Social Security numbers and Social Security account numbers will not be used to commit or facilitate fraud, deception, or crime; and (B) to prevent an undue risk of bodily, emotional, or financial harm to individuals. For purposes of subparagraph (B), the Commission shall consider the nature, likelihood, and severity of the anticipated harm; the nature, likelihood, and extent of any benefits that could be realized from the sale or purchase of the numbers; and any other relevant factors. (3) Exceptions.--The regulations promulgated pursuant to paragraph (1) shall include exceptions which permit the sale and purchase of Social Security numbers and Social Security account numbers-- (A) to the extent necessary for law enforcement or national security purposes; (B) to the extent necessary for public health purposes; (C) to the extent necessary in emergency situations to protect the health or safety of 1 or more individuals; (D) to the extent necessary for research conducted for the purpose of advancing public knowledge, on the condition that the researcher provides adequate assurances that-- (i) the Social Security numbers or Social Security account numbers will not be used to harass, target, or publicly reveal information concerning any identifiable individuals; (ii) information about identifiable individuals obtained from the research will not be used to make decisions that directly affect the rights, benefits, or privileges of specific individuals; and (iii) the researcher has in place appropriate safeguards to protect the privacy and confidentiality of any information about identifiable individuals; (E) to the extent consistent with an individual's voluntary and affirmative written consent to the sale or purchase of a Social Security number or Social Security account number that has been assigned to that individual; and (F) under other appropriate circumstances as the Commission may determine and as are consistent with the findings in section 2 and the principles in paragraph (2). (c) Rulemaking.-- (1) Deadline for action.--Not later than 1 year after the date of enactment of this Act, the Commission shall promulgate the regulations under subsection (b) of this section, in accordance with section 553 of title 5, United States Code. (2) Effective dates.--Subsection (a) and the regulations promulgated under subsection (b) shall take effect 30 days after the date on which the final regulations issued under this section are published in the Federal Register. (d) Enforcement.--Any violation of a regulation promulgated under subsection (b) of this section shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. (e) Administration and Applicability of Act.-- (1) The commission.--The Commission shall prevent any person from violating this section, and any regulation promulgated thereunder, in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Any person who violates such regulation shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.) as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Nothing contained in this Act shall be construed to limit the authority of the Commission under any other provision of law. (2) Actions by states.-- (A) Civil actions.--In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by an act or practice that violates any regulation of the Commission promulgated under subsection (b), the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction, to-- (i) enjoin that act or practice; (ii) enforce compliance with the regulation; (iii) obtain damages, restitution, or other compensation on behalf of residents of the State; or (iv) obtain such other legal and equitable relief as the district court may consider to be appropriate. Before filing an action under this subsection, the attorney general of the State involved shall provide to the Commission and to the Attorney General a written notice of that action and a copy of the complaint for that action. If the State attorney general determines that it is not feasible to provide the notice described in this subparagraph before the filing of the action, the State attorney general shall provide the written notice and the copy of the complaint to the Commission and to the Attorney General as soon after the filing of the complaint as practicable. (B) Commission and attorney general authority.--On receiving notice under subparagraph (A), the Commission and the Attorney General each shall have the right-- (i) to move to stay the action, pending the final disposition of a pending Federal matter as described in subparagraph (C); (ii) to intervene in an action under clause (i); (iii) upon so intervening, to be heard on all matters arising therein; and (iv) to file petitions for appeal. (C) Pending criminal proceedings.--If the Attorney General has instituted a criminal proceeding or the Commission has instituted a civil action for a violation of this Act or any regulations thereunder, no State may, during the pendency of such proceeding or action, bring an action under this section against any defendant named in the criminal proceeding or civil action for any violation of this section that is alleged in that proceeding or action. (D) Rule of construction.--For purposes of bringing any civil action under subparagraph (A), nothing in this Act shall be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State to conduct investigations, administer oaths and affirmations, or compel the attendance of witnesses or the production of documentary and other evidence. (E) Venue; service of process.--Any action brought under this section may be brought in any district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code. In an action brought under this section, process may be served in any district in which the defendant is an inhabitant or may be found.	Social Security Number Protection Act of 2006 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act (SSA) to make it unlawful for any person to sell or purchase a Social Security number in a manner that violates a regulation promulgated by the Federal Trade Commission (FTC). Directs the FTC to promulgate regulations restricting the sale and purchase of such numbers and any unfair or deceptive acts or practices involved in such a sale or purchase. Requires such regulations to be no broader than necessary to: (1) provide reasonable assurance that Social Security numbers will not be used to commit or facilitate fraud, deception, or crime; and (2) prevent an undue risk of bodily, emotional, or financial harm to individuals. Requires such regulations also to include exceptions which permit the sale and purchase of Social Security numbers to the extent necessary for: (1) law enforcement, national security, and public health purposes; (2) research conducted for the purpose of advancing public knowledge, subject to certain conditions; and (3) legitimate consumer credit verification, if the numbers used are redacted in accordance with uniform redaction standards established by the FTC in such regulations. Requires exceptions also for the sale and purchase of such numbers to the extent: (1) necessary in emergency situations to protect the health or safety of one or more individuals; and (2) consistent with an individual's voluntary and affirmative written consent to the sale or purchase of his or her number. Prescribes enforcement requirements. Authorizes states to bring civil actions on behalf of state residents in a U.S. district court to: (1) enjoin an act or practice; (2) enforce compliance with the regulation; (3) obtain civil penalties in an amount of $11,000 per violation, up to a total of $5 million; or (4) obtain other appropriate legal and equitable relief. Allows the U.S. Attorney General to institute a criminal proceeding for a violation of this Act.
SECTION 1. SHORT TITLE. This Act may be cited as the ``NAFTA-Impacted Communities Relief Act''. SEC. 2. DESIGNATION OF AND TAX INCENTIVES FOR NAFTA-IMPACTED COMMUNITIES. (a) In General.--Chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subchapter: ``Subchapter Z--NAFTA-Impacted Communities ``Sec. 1400M. Designation of NAFTA-impacted communities. ``Sec. 1400N. NAFTA-impacted community employment credit. ``Sec. 1400O. Increase in expensing under Section 179. ``Sec. 1400P. NAFTA-impacted community business defined. ``SEC. 1400M. DESIGNATION OF NAFTA-IMPACTED COMMUNITIES. ``(a) Designation.-- ``(1) NAFTA-impacted community.--For purposes of this title, the term `NAFTA-impacted community' means any area-- ``(A) which is nominated by one or more local governments and the State or States in which it is located for designation as a community impacted by the North American Free Trade Agreement (hereinafter in this section referred to as a `nominated area'), and ``(B) which the Secretary of Commerce designates as a NAFTA-impacted community, after consultation with-- ``(i) in the case of an area in a rural area, the Secretary of Agriculture; ``(ii) in the case of an area in an urban area, the Secretary of Housing and Urban Development; and ``(iii) in the case of an area on an Indian reservation, the Secretary of the Interior. ``(2) Number of designations.--The Secretary of Commerce may designate not more than 35 nominated areas as NAFTA- impacted communities. ``(3) Areas designated based on degree of loss of jobs resulting from nafta, etc.--Except as otherwise provided in this section, the nominated areas designated as NAFTA-impacted communities under this subsection shall be those nominated areas with the highest average ranking with respect to the criteria described in subsection (c)(3). For purposes of the preceding sentence, an area shall be ranked within each such criterion on the basis of the amount by which the area exceeds such criterion, with the area which exceeds such criterion by the greatest amount given the highest ranking. ``(4) Limitation on designations.-- ``(A) Publication of regulations.--The Secretary of Commerce shall prescribe by regulation no later than 4 months after the date of the enactment of this section, after consultation with the officials described in paragraph (1)(B)-- ``(i) the procedures for nominating an area under paragraph (1)(A), ``(ii) the parameters relating to the size and population characteristics of a NAFTA- impacted community, and ``(iii) the manner in which nominated areas will be evaluated based on the criteria specified in subsection (c). ``(B) Procedural rules.--The Secretary of Commerce shall not make any designation of a nominated area as a NAFTA-impacted community under paragraph (2) unless-- ``(i) a nomination regarding such area is submitted in such a manner and in such form, and contains such information, as the Secretary of Commerce shall by regulation prescribe, and ``(ii) the Secretary of Commerce determines that any information furnished is reasonably accurate. ``(5) Nomination process for indian reservations.--For purposes of this subchapter, in the case of a nominated area on an Indian reservation, the reservation governing body (as determined by the Secretary of the Interior) shall be treated as being both the State and local governments with respect to such area. ``(b) Period for Which Designation Is in Effect.-- ``(1) In general.--Any designation of an area as a NAFTA- impacted community shall remain in effect during the period beginning on the date of the designation and ending on the earliest of-- ``(A) December 31, 2012, ``(B) the termination date designated by the State and local governments in their nomination, or ``(C) the date the Secretary of Commerce revokes such designation. ``(2) Revocation of designation.--The Secretary of Commerce may revoke the designation under this section of an area if the Secretary determines that the loss of jobs and other effects of NAFTA on the area have been substantially alleviated. Such determination shall include, at a minimum, a finding that the unemployment rate in the area is equal to or lower than the national unemployment rate, and a finding that new businesses are being attracted to the area. ``(c) Area and Eligibility Requirements.-- ``(1) In general.--The Secretary of Commerce may designate a nominated area as a NAFTA-impacted community under subsection (a) only if the area meets the requirements of paragraphs (2) and (3) of this subsection. ``(2) Area requirements.--For purposes of paragraph (1), a nominated area meets the requirements of this paragraph if-- ``(A) the area is within the jurisdiction of one or more local governments, ``(B) the boundary of the area is continuous, ``(C) the area does not include an empowerment zone (as defined in section 1393(b)), and ``(D) the area does not include a renewal community designated under section 1400E. ``(3) Eligibility requirements.-- ``(A) In general.--For purposes of paragraph (1), a nominated area meets the requirements of this paragraph if the State and the local governments in which it is located certify (and the Secretary of Commerce, after such review of Department of Labor data and other appropriate supporting data as he deems appropriate, accepts such certification) that-- ``(i) the unemployment rate in the area, as determined by the most recent available data, was at least 1 percentage point above the national unemployment rate for the period to which such data relate, and ``(ii) in the case of-- ``(I) a rural area, at least 300 workers who live or work in the area have been certified as eligible to apply for NAFTA transitional adjustment assistance under subchapter D of chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2341 et seq.), and ``(II) an urban area, at least 500 workers have been so certified. ``(B) Rural area defined.--For purposes of this section, the term `rural area' means an area-- ``(i) which is within a local government jurisdiction or jurisdictions with a population of less than 10,000, ``(ii) which is outside of a metropolitan statistical area (within the meaning of section 143(k)(2)(B)), or ``(iii) which is determined by the Secretary of Commerce, after consultation with the Secretary of Agriculture, to be a rural area. ``(C) Urban area defined.--For purposes of this section, the term `urban area' means any area that is not a rural area. ``(d) Coordination With Treatment of Enterprise Communities.--For purposes of this title, if there are in effect with respect to the same area both-- ``(1) a designation as a NAFTA-impacted community, and ``(2) a designation as an enterprise community, both of such designations shall be given full effect with respect to such area. ``(e) Definitions and Special Rules.--For purposes of this subchapter, rules similar to the rules of paragraphs (5) and (7) of section 1393 shall apply. ``SEC. 1400N. NAFTA-IMPACTED COMMUNITY EMPLOYMENT CREDIT. ``(a) Amount of Credit.--For purposes of section 38, the amount of the NAFTA-impacted community employment credit determined under this section with respect to any employer for any taxable year is 8.5 percent of the qualified NAFTA-impacted community wages paid or incurred during the calendar year which ends with or within such taxable year. ``(b) Qualified NAFTA-Impacted Community Wages.-- ``(1) In general.--For purposes of this section, the term `qualified NAFTA-impacted community wages' means any wages paid or incurred by an employer for services performed by an employee while such employee is a qualified NAFTA-impacted community employee. ``(2) Only first $15,000 of wages per year taken into account.--With respect to each qualified NAFTA-impacted community employee, the amount of qualified NAFTA-impacted community wages which may be taken into account for a calendar year shall not exceed $15,000. ``(3) Coordination with work opportunity credit.-- ``(A) In general.--The term `qualified NAFTA- impacted community wages' shall not include wages taken into account in determining the credit under section 51. ``(B) Coordination with paragraph (2).--The $15,000 amount in paragraph (2) shall be reduced for any calendar year by the amount of wages paid or incurred during such year which are taken into account in determining the credit under section 51. ``(c) Qualified NAFTA-Impacted Community Employee.--For purposes of this section-- ``(1) In general.--Except as otherwise provided in this subsection, the term `qualified NAFTA-impacted community employee' means, with respect to any period, any employee of an employer if-- ``(A) substantially all of the services performed during such period by such employee for such employer are performed within a NAFTA-impacted community in a trade or business of the employer, and ``(B) the principal place of abode of such employee while performing such services is within such NAFTA- impacted community. ``(2) Other rules.--Rules similar to the rules of paragraphs (2) and (3) of section 1396(d) shall apply. ``(d) Other Definitions and Special Rules.--For purposes of this section, the rules of section 1397 shall apply. ``SEC. 1400O. INCREASE IN EXPENSING UNDER SECTION 179. ``(a) General Rule.--In the case of a NAFTA-impacted community business (as defined in section 1400P), for purposes of section 179-- ``(1) the limitation under section 179(b)(1) shall be increased by the lesser of-- ``(A) $10,000, or ``(B) the cost of section 179 property which is qualified NAFTA-impacted property placed in service during the taxable year, and ``(2) the amount taken into account under section 179(b)(2) with respect to any section 179 property which is qualified NAFTA-impacted property shall be 50 percent of the cost thereof. ``(b) Recapture.--Rules similar to the rules under section 179(d)(10) shall apply with respect to any qualified NAFTA-impacted property which ceases to be used in a NAFTA-impacted community by a NAFTA-impacted community business. ``(c) Qualified NAFTA-Impacted Property.--For purposes of this section-- ``(1) In general.--The term `qualified NAFTA-impacted property' means section 179 property (as defined in section 179(d)) if-- ``(A) such property was acquired by the taxpayer after December 31, 2001, and before January 1, 2011, and ``(B) such property would be qualified zone property (as defined in section 1397C) if references to NAFTA-impacted communities were substituted for references to empowerment zones in section 1397C. ``(2) Certain rules to apply.--The rules of subsections (a)(2) and (b) of section 1397C shall apply for purposes of this section. ``SEC. 1400P. NAFTA-IMPACTED COMMUNITY BUSINESS DEFINED. ``For purposes of this part, the term `NAFTA-impacted community business' means any entity or proprietorship which would be a qualified business entity or qualified proprietorship under section 1397C if references to NAFTA-impacted communities were substituted for references to empowerment zones in such section.''. (b) Technical and Conforming Amendments.-- (1) NAFTA-impacted community employment credit part of general business credit.--Subsection (b) of section 38 of such Code (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (18), by striking the period at the end of paragraph (19) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(20) the NAFTA-impacted community employment credit determined under section 1400N(a).''. (2) Denial of deduction for portion of wages equal to nafta-impacted community employment credit.-- (A) Subsection (a) of section 280C of such Code (relating to rule for employment credits) is amended by striking ``and 1396(a)'' and inserting ``1396(a), and 1400N(a)''. (B) Subsection (c) of section 196 of such Code (relating to deduction for certain unused business credits) is amended by striking ``and'' at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ``, and'', and by adding at the end the following new paragraph: ``(13) the NAFTA-impacted community employment credit determined under section 1400N(a).''. (3) Carryovers.--Subsection (c) of section 381 of such Code (relating to carryovers in certain corporate acquisitions) is amended by adding at the end the following new paragraph: ``(27) NAFTA-impacted community provisions.--The acquiring corporation shall take into account (to the extent proper to carry out the purposes of this section and subchapter XI, and under such regulations as may be prescribed by the Secretary) the items required to be taken into account for purposes of subchapter XI in respect of the distributor or transferor corporation.''. (c) Clerical Amendments.--The table of subchapters for chapter 1 of such Code is amended by adding at the end the following new item: ``subchapter z. nafta-impacted communities''. SEC. 3. GRANTS FOR JOB TRAINING ASSISTANCE FOR NAFTA-IMPACTED COMMUNITIES. (a) In General.--The Secretary of Labor shall provide grants to States that contain NAFTA-impacted communities, as designated under section 1400M of the Internal Revenue Code of 1986 (as added by section 2(a) of this Act), for the purpose of providing sub-grants to nonprofit organizations and community or junior colleges in order to provide short-term job training courses, courses in entrepreneurism and self- employment, and other related job training assistance that will promote the economic self-sufficiency of individuals located in NAFTA-impacted communities. (b) Maximum Amount of Grant.--The total amount provided under a grant to a State under subsection (a) for a fiscal year may not exceed the product of-- (1) $1,000,000; and (2) the number of NAFTA-impacted communities located in the State. (c) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to carry out this section $35,000,000 for each of the fiscal years 2006 through 2012. (2) Availability.--Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended.	NAFTA-Impacted Communities Relief Act - Amends the Internal Revenue Code to: (1) provide for the designation of communities as impacted by the North American Free Trade Agreement (NAFTA) based upon job loss and unemployment resulting from NAFTA; (2) allow employers in such NAFTA-impacted communities a business tax credit for up to 8.5 percent of wages paid to employees; (3) increase depreciation expensing levels for business assets located in NAFTA-impacted communities; and (4) direct the Secretary of Labor to provide grants to States containing NAFTA-impacted communities for education and job training assistance.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Campus Fire Safety Right to Know Act''. SEC. 2. DISCLOSURE OF FIRE SAFETY STANDARDS AND MEASURES WITH RESPECT TO CAMPUS BUILDINGS. Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is amended-- (1) in subsection (a)(1)-- (A) by striking ``and'' at the end of subparagraph (N); (B) by striking the period at the end of subparagraph (O) and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(P) the fire safety report prepared by the institution pursuant to subsection (h).''; and (2) by adding at the end the following new subsection: ``(h) Disclosure of Fire Safety Standards and Measures.-- ``(1) Fire safety reports required.--Each eligible institution participating in any program under this title shall, beginning in academic year 2002-2003, and each academic year thereafter, prepare, publish, and distribute, through appropriate publications, including the Internet, or mailings, to all current students and employees, and upon request to any applicant for enrollment or employment, an annual fire safety report containing at least the following information with respect to the campus fire safety practices and standards of that institution: ``(A) A statement that identifies each student housing facility of the institution, and whether each such facility is equipped with a fire sprinkler system or another equally protective fire safety system. ``(B) Statistics concerning the occurrence on campus, during the 2 preceding academic years for which data are available, of fires and false fire alarms. ``(C) For each such occurrence, a statement of the human injuries or deaths and the structural damage caused by the occurrence. ``(D) Information regarding fire alarms, smoke alarms, the presence of adequate fire escape planning or protocols, rules on portable electrical appliances, smoking and open flames (such as candles), regular mandatory supervised fire drills, and planned and future improvement in fire safety. ``(E) Information about fire safety education and training provided to students, faculty, and staff, including the percentage of students, faculty, and staff who have participated in such education and training. ``(F) Information concerning fire safety at student fraternities and sororities that are recognized by the institution, including-- ``(i) information reported to the institution under paragraph (5); and ``(ii) a statement concerning whether and how the institution works with recognized student fraternities and sororities to make buildings and property owned or controlled by such fraternities or sororities more fire safe. ``(2) Rule of construction.--Nothing in this subsection shall be construed to authorize the Secretary to require particular policies, procedures, or practices by institutions of higher education with respect to fire safety. ``(3) Reports.--Each institution participating in any program under this title shall make timely reports to the campus community on fires that are reported to local fire departments and the incidence of false fire alarms on campus. Such reports shall be provided to students and employees in a manner that is timely and that will aid in the prevention of similar occurrences. ``(4) Logs.--Each institution participating in any program under this title shall make, keep, and maintain a log, written in a form that can be easily understood, recording all fires reported to local fire departments, including the nature, date, time, and general location of each fire, and all false fire alarms. All entries that are required pursuant to this paragraph shall, except where disclosure of such information is prohibited by law, be open to public inspection. ``(5) Fraternities and sororities.--Each institution participating in a program under this title shall request each fraternity and sorority that is recognized by the institution to collect and report to the institution the information described in subparagraphs (A) through (E) of paragraph (1), as applied to the fraternity or sorority, for each building and property owned or controlled by the fraternity or sorority, respectively. ``(6) Reports to secretary.--On an annual basis, each institution participating in any program under this title shall submit to the Secretary a copy of the statistics required to be made available under paragraph (1)(B). The Secretary shall-- ``(A) review such statistics; ``(B) make copies of the statistics submitted to the Secretary available to the public; and ``(C) in coordination with representatives of institutions of higher education, identify exemplary fire safety policies, procedures, and practices and disseminate information concerning those policies, procedures, and practices that have proven effective in the reduction of campus fires. ``(7) Definition of campus.--In this subsection, the term `campus' means-- ``(A) any building or property owned or controlled by an institution of higher education within the same reasonably contiguous geographic area of the institution and used by the institution in direct support of, or in a manner related to, the institution's educational purposes, including residence halls; and ``(B) property within the same reasonably contiguous geographic area of the institution that is owned by the institution but controlled by another person, is used by students, and supports institutional purposes (such as a food or other retail vendor).''. SEC. 3. REPORT TO CONGRESS BY SECRETARY OF EDUCATION. Not later than 1 year after the date of enactment of this Act, the Secretary of Education shall prepare and submit to Congress a report containing-- (1) an analysis of the current status of fire safety systems in college and university facilities, including sprinkler systems; (2) an analysis of the appropriate fire safety standards to apply to these facilities, which the Secretary shall prepare after consultation with such fire safety experts, representatives of institutions of higher education, and other Federal agencies as the Secretary, in the Secretary's discretion, considers appropriate; (3) an estimate of the cost of bringing all nonconforming dormitories and other campus buildings up to current new building codes or life safety codes; and (4) recommendations from the Secretary concerning the best means of meeting fire safety standards in all college and university facilities, including recommendations for methods to fund such cost.	Campus Fire Safety Right to Know Act - Amends the Higher Education Act of 1965 to require each eligible institution participating in any program under title IV (Student Assistance) to: (1) prepare, publish, and distribute to all current students and employees, and to any applicant for enrollment or employment upon request, an annual fire safety report which discloses specified types of information about that institution's campus fire safety standards and practices; (2) make periodic reports to the campus community on fires and false alarms that are reported to local fire departments, to aid in preventing similar occurrences; and (3) submit annually to the Secretary of Education a copy of statistics on campus occurrences of fires and false fire alarms.Directs the Secretary to: (1) review such statistics; (2) make copies available to the public; (3) identify exemplary fire safety policies, procedures, and practices, and disseminate information concerning those policies, procedures, and practices that have proven effective in the reduction of campus fires; and (4) report to Congress analyses of the current status of fire safety systems in college and university facilities, and of the appropriate fire safety standards to apply to these facilities, as well as cost estimates and recommendations.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to Medical Treatment Act''. SEC. 2. DEFINITIONS. As used in this Act: (1) Advertising or labeling claims.--The term ``advertising or labeling claims'' means any representations made or suggested by statement, word, design, device, sound, or any combination thereof with respect to treatment, including a representation made or suggested by a label. (2) Danger.--The term ``danger'' means any serious negative reaction that-- (A) occurred as a result of a method of treatment; (B) would not otherwise have occurred; and (C) is more serious than reactions frequently experienced with accepted treatments for the same or similar health problems. (3) Device.--The term ``device'' has the same meaning given such term in section 201(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)). (4) Drug.--The term ``drug'' has the same meaning given such term in section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)(1)). (5) Food.--The term ``food'' has the same meaning given such term in section 201(f) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(f)). (6) Health care practitioner.--The term ``health care practitioner'' means any properly licensed medical doctor, osteopath, chiropractor, or naturopath. (7) Label.--The term ``label'' has the same meaning given such term in section 201(k) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(k)). (8) Legal representative.--The term ``legal representative'' means a parent or an individual who qualifies as a legal guardian under State law. (9) Treatment.--The term ``treatment'' means the use of any food, drug, device, or procedure. SEC. 3. ACCESS TO MEDICAL TREATMENT. (a) In General.--Notwithstanding any other provision of law, and except as provided in subsection (b), an individual shall be permitted to be treated by a health care practitioner with any method of medical treatment that such individual desires or the legal representative of such individual authorizes if-- (1) such practitioner agrees to treat such individual; and (2) the administration of such treatment falls within the scope of the practice of such practitioner. (b) Treatment Requirements.--A health care practitioner may provide any method of treatment to an individual described in subsection (a) if-- (1) there is no evidence that such treatment itself, when taken as prescribed, is a danger to such individual; (2) in the case of an individual whose treatment is the administration of a food, drug, or device that has not been approved by the Food and Drug Administration-- (A) such individual has been informed that such food, drug, or device has not yet been approved or certified by the Food and Drug Administration for use of the medical condition of such individual; and (B) such food, drug, or device (or information accompanying the administration of such food, drug, or device) contains the following warning: ``WARNING: This food, drug, or device has not been proved safe and effective by the Federal Government and any individual who uses such food, drug, or device, does so at his or her own risk.''; (3) such individual has been informed of the nature of the treatment, including-- (A) the contents of such treatment; (B) any reasonably foreseeable side effects that may result from such treatment; and (C) the results of past applications of such treatment by the health care practitioner and others; (4) except as provided in subsection (c), there have been no claims, including advertising and labeling claims, made with respect to the efficacy of such treatment; and (5) such individual-- (A) has been provided a written statement that such individual has been fully informed with respect to the information described in paragraphs (1) through (4); (B) desires such treatment; and (C) signs such statement. (c) Claim Exceptions.--Subsection (b)(4) shall not apply to an accurate and truthful reporting by a practitioner of the results of the practitioner's administration of a treatment in recognized journals or at seminars, conventions, or similar meetings, if the only financial gain of such practitioner with respect to such treatment is the payment received from an individual or representative of such individual for the administration of such treatment to such individual. SEC. 4. REPORTING OF A DANGEROUS TREATMENT. If a practitioner, after administering such treatment, discovers that the treatment itself (when taken as prescribed) was a danger to the individual receiving the treatment, the practitioner shall immediately report to the Secretary of Health and Human Services the nature of the treatment, the results of such treatment, the complete protocol of such treatment, and the source from which such treatment or any part thereof was obtained. SEC. 5. TRANSPORTATION OF MEDICATION AND EQUIPMENT. Notwithstanding any other provision of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 201 et seq.), a person may introduce or deliver into interstate commerce medication or equipment for use in accordance with this Act. SEC. 6. RESTRICTIONS ON LICENSING BOARDS. A licensing board that issues licenses to health care practitioners may not deny, suspend, or revoke the license of a health care practitioner solely because such practitioner provides treatment to which section 3 applies. SEC. 7. PENALTY. A health care practitioner who violates any provisions under this Act shall not be covered by the protections under this Act and shall be subject to all other applicable laws and regulations.	Access to Medical Treatment Act - Permits any individual to be treated by a health care practitioner with any method of medical treatment that such individual desires or the legal representative of such individual authorizes if: (1) the practitioner agrees to treat the individual; and (2) the administration of such treatment falls within the practitioner's scope of practice. Authorizes health care practitioners to provide any method of treatment to such an individual if: (1) there is no evidence that the treatment is a danger to the individual; (2) in the case of treatment that is the administration of a food, drug, or device that has not been approved by the Food and Drug Administration, the individual has been informed that the treatment has not been approved and the food, drug, or device contains a warning to that effect; (3) the individual has been informed of the nature of the treatment; (4) there have been no claims, including advertising and labeling claims, made with respect to the efficacy of such treatment; and (5) the individual desires such treatment and has been provided and has signed a written statement that such individual has been fully informed with respect to such information. Requires a practitioner, after administering such treatment and discovering it to be a danger to an individual, to submit a report to the Secretary of Health and Human Services. Authorizes the introduction or delivery into interstate commerce of medication or equipment for use in accordance with this Act. Prohibits a licensing board from denying, suspending, or revoking the license of a health care practitioner solely because such practitioner provides treatment described by this Act.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Carlsbad Irrigation Project Acquired Land Transfer Act''. SEC. 2. CONVEYANCE. (a) Lands and Facilities.-- (1) In general.--Except as provided in paragraph (2), and subject subsection (c), the Secretary of the Interior (in this Act referred to as the ``Secretary'') may convey to the Carlsbad Irrigation District (a quasi-municipal corporation formed under the laws of the State of New Mexico and in this Act referred to as the ``District''), all right, title, and interest of the United States in and to the lands described in subsection (b) (in this Act referred to as the ``acquired lands'') and all interests the United States holds in the irrigation and drainage system of the Carlsbad Project and all related lands including ditch rider houses, maintenance shop and buildings, and Pecos River Flume. (2) Limitations.-- (A) Retained surface rights.--The Secretary shall retain title to the surface estate (but not the mineral estate) of such acquired lands which are located under the footprint of Brantley and Avalon dams or any other project dam or reservoir diversion structure. (B) Storage and flow easements.--The Secretary shall retain storage and flow easements for any tracts located under the maximum spillway elevations of Avalon and Brantley Reservoirs. (b) Acquired Lands Described.--The lands referred to in subsection (a) are those lands (including the surface and mineral estate) in Eddy County, New Mexico, described as the acquired lands in section (7) of the ``Status of Lands and Title Report: Carlsbad Project'' as reported by the Bureau of Reclamation in 1978 . (c) Terms and Conditions of Conveyance.--Any conveyance of the acquired lands under this Act shall be subject to the following terms and conditions: (1) Management and use, generally.--The conveyed lands shall continue to be managed and used by the District for the purposes for which the Carlsbad Project was authorized, consistent with the management of other adjacent project lands. (2) Assumed rights and obligations.--Except as provided in paragraph (3), the District shall assume all rights and obligations of the United States under-- (A) the agreement dated July 28, 1994, between the United States and the Director, New Mexico Department of Game and Fish (Document No. 2-LM-40-00640), relating to management of certain lands near Brantley Reservoir for fish and wildlife purposes; and (B) the agreement dated March 9, 1977, between the United States and the New Mexico Department of Energy, Minerals, and Natural Resources (Contract No. 7-07-57- X0888) for the management and operation of Brantley Lake State Park. (3) Exceptions.--In relation to agreements referred to in paragraph (2)-- (A) the District shall not be obligated for any financial support agreed to by the Secretary, or the Secretary's designee, in either agreement; and (B) the District shall not be entitled to any receipts or revenues generated as a result of either agreement. (d) Completion of Conveyance.-- (1) Sense of the congress.--It is the sense of the Congress that the Secretary should complete the conveyance authorized by this Act, including such action as may be required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), within the 9-month period beginning on the date of enactment of this Act. (2) Report.--If the Secretary does not complete the conveyance within the period referred to in paragraph (1), the Secretary shall submit a report to the Congress within 30 days after that period that includes a detailed explanation of problems that have been encountered in completing of the conveyance, and specific steps that the Secretary has taken or will take to complete the conveyance. SEC. 3. LEASE MANAGEMENT AND PAST REVENUES COLLECTED FROM THE ACQUIRED LANDS. (a) Identification and Notification of Leaseholders.--Within 120 days after the date of enactment of this Act, the Secretary of the Interior shall-- (1) provide to the District a written identification of all mineral and grazing leases in effect on the acquired lands on the date of enactment of this Act; and (2) notify all leaseholders of the conveyance authorized by this Act. (b) Management of Mineral and Grazing Leases, Licenses, and Permits.--The District shall assume all rights and obligations of the United States for all mineral and grazing leases, licenses, and permits existing on the acquired lands conveyed under section 2, and shall be entitled to any receipts from such leases, licenses, and permits accruing after the date of conveyance. All such receipts shall be used for purposes for which the project was authorized. The District shall continue to adhere to the current Bureau of Reclamation mineral leasing stipulations for the Carlsbad Project. (c) Availability of Amounts Paid Into Reclamation Fund.-- (1) Existing receipts.--Receipts in the reclamation fund on the date of enactment of this Act which exist as construction credits to the Carlsbad Project under the terms of the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351-359) shall be made available to the District as credits toward its ongoing operation and maintenance obligation to the United States until such credits are depleted. (2) Receipts after enactment.--Of the receipts from mineral and grazing leases, licenses, and permits on acquired lands to be conveyed under section 2, that are received by the United States after the date of enactment and before the date of conveyance-- (A) not to exceed $200,000 shall be available to the Secretary for the actual costs of implementing this Act; and (B) the remainder shall be deposited into the reclamation fund and shall be made available to the District as credits toward its ongoing operation and maintenance obligation to the United States until such credits are depleted. SEC. 4. WATER CONSERVATION PRACTICES. (a) In General.--Subject to subsection (b), the Secretary, in cooperation with the District, may expend not to exceed $100,000 annually, from amounts appropriated for operation and maintenance within the Bureau of Reclamation, for the purposes of implementing water conservation practices at the Carlsbad Project, including, but not limited to, phreatophyte control. (b) Matching Funds.--As a condition of any expenditure under subsection (a), the Secretary shall require that the District provide matching funds in direct proportion to the amount of project lands held by the District in relation to withdrawn or other project lands held by the United States. (c) Voluntary Water Conservation Practices.--Nothing in this Act shall be construed to limit the ability of the District to voluntarily implement water conservation practices. (d) Liability.--Effective on the date of conveyance of any lands authorized by this Act, the United States shall not be held liable by any court for damages of any kind arising out of any act, omission, or occurrence relating to the conveyed property, except for damages caused by acts of negligence committed by the United States or by its employees, agents, or contractors, prior to conveyance. Nothing in this section shall be considered to increase the liability of the United States beyond that provided under chapter 171 of title 28, United States Code, popularly known as the Federal Tort Claims Act.	Carlsbad Irrigation Project Acquired Land Transfer Act - Authorizes the Secretary of the Interior to convey to the Carlsbad Irrigation District specified real property within the Carlsbad Project in New Mexico and all U.S. interests in the irrigation and drainage system of the Project and all related lands, including ditch rider houses, the maintenance shop and buildings, and the Pecos River Flume. Requires the conveyed lands to continue to be managed and used for the purposes for which the project was authorized. Expresses the sense of the Congress that the Secretary should complete such conveyance within nine months after the enactment of this Act. Requires a report from the Secretary to the Congress if the conveyance is not completed in such time. Directs the Secretary to: (1) provide a written identification of all mineral and grazing leases in effect on such lands; and (2) notify all such leaseholders of the conveyance made by this Act. Provides that the District shall assume all U.S. rights and obligations for all mineral and grazing leases, licenses, and permits existing on the conveyed lands and shall be entitled to any associated receipts. Requires receipts paid into the reclamation fund as credits to the Carlsbad Project to be made available to the District for Project purposes. Authorizes the Secretary to expend a specified amount annually from Bureau of Reclamation operation and maintenance funds to implement water conservation practices at the Project. Requires the District to provide matching funds. Indemnifies the United States from damages arising out of any act or omission related to the conveyed property (with an exception for negligence).
SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeowners' Protection Act of 2008''. SEC. 2. WAIVER OF COUNSELING REQUIREMENT WHEN HOUSES ARE IN FORECLOSURE. Section 109(h) of title 11, United States Code, is amended by adding at the end the following: ``(5) The requirements of paragraph (1) shall not apply in a case under chapter 13 with respect to a debtor who submits to the court a certification that the debtor has received notice that the holder of a claim secured by the debtor's principal residence may commence a foreclosure on the debtor's principal residence.''. SEC. 3. AUTHORITY TO MODIFY CERTAIN MORTGAGES. Section 1322(b) of title 11, United States Code, is amended-- (1) by redesignating paragraph (11) as paragraph (12), (2) in paragraph (10) by striking ``and'' at the end, and (3) by inserting after paragraph (10) the following: ``(11) notwithstanding paragraph (2) and otherwise applicable nonbankruptcy law, with respect to a claim for a debt for a loan secured by a security interest in the debtor's principal residence that is the subject of a notice that a foreclosure may be commenced, modify the rights of the holder of such claim-- ``(A) by reducing such claim to equal the value of the interest of the debtor in such residence securing such claim; ``(B) by waiving any otherwise applicable early repayment or prepayment penalties; ``(C) if any applicable rate of interest is adjustable under the terms of such security interest by prohibiting, reducing, or delaying adjustments to such rate of interest applicable on and after the date of filing of the plan; and ``(D) by modifying the terms and conditions of such loan-- ``(i) to extend the repayment period for a period that is the longer of 40 years (reduced by the period for which such loan has been outstanding) or the remaining term of such loan, beginning on the date of the order for relief under this chapter; and ``(ii) to provide for the payment of interest accruing after the date of the order for relief under this chapter at an annual percentage rate calculated at a fixed annual percentage rate, in an amount equal to the then most recently published annual yield on conventional mortgages published by the Board of Governors of the Federal Reserve System, as of the applicable time set forth in the rules of the Board, plus a reasonable premium for risk; and''. SEC. 4. COMBATING EXCESSIVE FEES. Section 1322(c) of title 11, the United States Code, is amended-- (1) in paragraph (1) by striking ``and'' at the end, (2) in paragraph (2) by striking the period at the end and inserting a semicolon, and (3) by adding at the end the following: ``(3) the debtor, the debtor's property, and property of the estate are not liable for a fee, cost, or charge that is incurred while the case is pending and arises from a debt that is secured by the debtor's principal residence except to the extent that-- ``(A) the holder of the claim for such debt files with the court notice of such fee, cost, or charge before the earlier of-- ``(i) 1 year after such fee, cost, or charge is incurred; or ``(ii) 60 days before the closing of the case; and ``(B) such fee, cost, or charge-- ``(i) is lawful under applicable nonbankruptcy law, reasonable, and provided for in the applicable security agreement; and ``(ii) is secured by property the value of which is greater than the amount of such claim, including such fee, cost, or charge; ``(4) the failure of a party to give notice described in paragraph (3) shall be deemed a waiver of any claim for fees, costs, or charges described in paragraph (3) for all purposes, and any attempt to collect such fees, costs, or charges shall constitute a violation of section 524(a)(2) or, if the violation occurs before the date of discharge, of section 362(a); and ``(5) a plan may provide for the waiver of any prepayment penalty on a claim secured by the debtor's principal residence.''. SEC. 5. CONFIRMATION OF PLAN. Section 1325(a) of title 11, the United States Code, is amended-- (1) in paragraph (8) by striking ``and'' at the end, (2) in paragraph (9) by striking the period at the end and inserting a semicolon, and (3) by inserting after paragraph (9) the following: ``(10) notwithstanding subclause (I) of paragraph (5)(B)(i), the plan provides that the holder of a claim whose rights are modified pursuant to section 1322(b)(11) retain the lien until the later of-- ``(A) the payment of such claim as reduced and modified; or ``(B) discharge under section 1328; and ``(11) the plan modifies a claim in accordance with section 1322(b)(11), and the court finds that such modification is in good faith.''. SEC. 6. DISCHARGE. Section 1328 of title 11, the United States Code, is amended-- (1) in subsection (a)-- (A) by inserting ``(other than payments to holders of claims whose rights are modified under section 1322(b)(11)'' after ``paid'' the 1st place it appears, and (B) in paragraph (1) by inserting ``or, to the extent of the unpaid portion of the claim as reduced, provided for in section 1322(b)(11)'' after ``1322(b)(5)'', and (2) in subsection (c)(1) by inserting ``or, to the extent of the unpaid portion of the claim as reduced, provided for in section 1322(b)(11)'' after ``1322(b)(5)''. SEC. 7. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. (a) Effective Date.--Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on the date of the enactment of this Act. (b) Application of Amendments.--The amendments made by this Act shall apply only with respect to cases commenced under title 11 of the United States Code on or after the date of the enactment of this Act.	Homeowners' Protection Act of 2008 - Amends the federal bankruptcy code to eliminate the pre-petition credit counseling requirement for a debtor under chapter 13 (Adjustment of Debts of an Individual with Regular Income) who is facing foreclosure, if the debtor submits to the court a certification that the debtor has received notice that the holder of a claim secured by the debtor's principal residence may commence foreclosure. Allows modification of the rights of claim holders, in the event of a foreclosure notice for a chapter 13 debtor, among other means by: (1) reducing a claim to equal the value of the debtor's interest in the residence securing such claim, and any adjustments to a related adjustable rate of interest; (2) waiving early repayment or prepayment penalties; and (3) extending the repayment period. Denies debtor liability for certain fees and charges incurred while the bankruptcy case is pending and arising from a debt secured by the debtor's principal residence, unless the claim holder observes specified requirements. Adds to conditions for court confirmation of a plan in bankruptcy that: (1) the holder of a claim secured by the debtor's principal residence retain the lien securing the claim until the later of the payment of such claim as reduced and modified or the discharge of a debtor from all debts; and (2) the plan modifies the claim in good faith. Excludes from final discharge of a debtor from all debts: (1) any payments to claim holders whose rights are modified under this Act; and (2) any unpaid portion of a claim as reduced.
OF IDENTITY THEFT DISPUTES. The Commission shall require entities that receive disputes regarding the unauthorized use of accounts of such entities from consumers that have reason to believe that they are victims of identity theft to conduct any necessary investigation and decide an outcome of a claim within 90 days from the date on which all necessary information to investigate the claim has been submitted to the entity. SEC. 204. IMPROVEMENTS TO CONSUMER CLEARINGHOUSE. The Commission shall utilize the Identity Theft Clearinghouse to permit consumers that have a reasonable belief that they are victims of identity theft to submit any information relevant to such identity theft to the Clearinghouse (including by means of an Identity Theft Affidavit), so that such information may be transmitted by the Clearinghouse to appropriate entities for necessary protective action and to mitigate losses resulting from such identity theft. SEC. 205. IMPROVED IDENTITY THEFT DATA. (a) In General.--The Commission shall-- (1) establish a process to contact, not less than annually, public and private entities that receive and process complaints from consumers that have a reasonable belief that they are victims of identity theft; and (2) obtain accurate data on the incidences and nature of complaints from such entities. (b) Inclusion in Database.--Such information shall be made part of the Commission's Identity Theft Clearinghouse database. SEC. 206. CHANGE OF ADDRESS PROTECTIONS. The Commission shall require appropriate entities to take reasonable steps to verify the accuracy of a consumer's address, including by confirming a consumer's change of address by sending a confirmation of such change to the old and the new address of the consumer. SEC. 207. EFFECTIVE DATE. This title shall take effect 180 days after the date of enactment of this Act. TITLE III--INTERNATIONAL PROVISIONS SEC. 301. STUDY BY COMPTROLLER GENERAL. The Comptroller General of the United States shall conduct a study and issue a report analyzing the impact on the interstate and foreign commerce of the United States of information privacy laws, regulations, or agreements enacted, promulgated, or adopted by other nations, including regional or international agreements between nations, and whether the enforcement mechanisms or procedures of those laws, regulations, or agreements result in discriminatory treatment of United States entities. The first report under this section shall be issued not later than 120 days after the date of enactment of this Act and subsequent reports shall be issued every 3 years thereafter. SEC. 302. REMEDIATION OF DISCRIMINATORY IMPACT BY SECRETARY OF COMMERCE. If the Comptroller General of the United States finds, in the study and report under section 301, that such information privacy laws, regulations, or agreements substantially impede interstate and foreign commerce of the United States and that the enforcement mechanisms or procedures of the information privacy laws, regulations, or agreements described in such subsection result in discriminatory treatment of United States entities, the Secretary of Commerce shall, to the extent permitted by law take all steps necessary to mitigate against such discriminatory impact within 180 days after the report making such findings is issued. SEC. 303. EFFECT OF NONREMEDIATION. (a) Recommendations.--If by the end of the 180-day period described in section 302, the Secretary of Commerce has not attained complete relief from the discriminatory impact described in such subsection, the Secretary shall report to the Congress and the President recommendations on action to relieve any such remaining discriminatory impact. (b) Federal Agency Action After Consideration by Congress.--During the period after the Secretary reports recommendations under subsection (a) for mitigation of discriminatory impact and before the Congress acts with respect to such recommendations, no officer or employee of any Federal agency may take or continue any action to enjoin, or impose any penalty on, a United States entity, or a citizen or legal resident of the United States, for the purpose of fulfilling an international obligation of the United States under an international privacy agreement (other than such an obligation under a ratified treaty) that resulted in such discriminatory impact. SEC. 304. HARMONIZATION OF INTERNATIONAL PRIVACY LAWS, REGULATIONS, AND AGREEMENTS. Beginning on the date of enactment of this Act, the Secretary of Commerce shall provide notice of the provisions of this Act to other nations, individually, or as members of international organizations or unions that have enacted, promulgated, or adopted information privacy laws, regulations, or agreements, and shall seek recognition of this Act by such nations, organizations, or unions. The Secretary shall seek the harmonization of this Act with such information privacy laws, regulations, or agreements, to the extent such harmonization is necessary for the advancement of transnational commerce, including electronic commerce.	Consumer Privacy Protection Act of 2003 - Requires data collection organizations, under specified conditions, to notify consumers: (1) at the time of collection that their personally identifiable information may be used for an unrelated transaction purpose; and (2) of any material change in the organization's privacy policy statement immediately after each change. Requires such organizations to establish a privacy policy with respect to the collection, sale, disclosure for consideration, or use of the consumer's information. Requires an organization to provide consumers, without charge, the opportunity to preclude the sale or disclosure of their information to any organization that is not an information-sharing partner. Prescribes requirements for opportunities an organization may give consumers to limit other information practices of the organization. Directs an organization to prepare and implement an information security policy that prevents the unauthorized disclosure or release of a consumer's information. Requires the Federal Trade Commission (FTC) to presume that an organization is in compliance with this Act if it participates in an approved five-year self-regulatory program. Prescribes requirements for a self-regulatory consumer dispute resolution process. Directs the FTC to: (1) facilitate electronic and promote the use of common identity theft affidavits; (2) require the timely resolution of identity theft disputes; (3) utilize the Identity Theft Clearinghouse to transmit information to appropriate entities for protective action and to mitigate losses; and (4) provide change of address protection for consumers. Requires: (1) the Comptroller General to analyze the impact on U.S. interstate and foreign commerce of information privacy laws, regulations, or agreements enacted, promulgated, or adopted by other nations, and whether the enforcement mechanisms or procedures of them result in discriminatory treatment of U.S. entities; and (2) the Secretary of Commerce, based on such results, to take steps to mitigate against such discriminatory impact. Directs the Secretary to seek harmonization of this Act with other international privacy laws, regulations, and agreements for the advancement of transnational and electronic commerce.