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SECTION 1. SHORT TITLE. This Act may be cited as the ``Multidistrict Litigation Restoration Act of 2005''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) under section 1407 of title 28, United States Code (enacted April 29, 1968), the Judicial Panel on Multidistrict Litigation (in this section referred to as the ``Judicial Panel''), a group of 7 Federal judges selected by the Chief Justice of the United States, assists in the centralization of civil actions which share common questions of fact filed in more than 1 Federal judicial district nationwide; (2) civil actions described under paragraph (1)-- (A) often arise from mass single-action torts that cause death and destruction in which the plaintiffs are from many different States; and (B) often involve issues of critical importance to the Nation, including information technology, intellectual property, antitrust, contracts, and products liability cases; (3) the Judicial Panel-- (A) identifies the 1 United States district court (referred to in this section as the ``transferee court'') best equipped at adjudicating pretrial matters; and (B) after pretrial, remands individual civil actions back to the district where the civil action was originally filed unless that action has been previously terminated; (4)(A) for approximately 3 decades, the transferee court often invoked a general venue statute that authorizes a district court to transfer a civil action in the interest of justice and for the convenience of the parties and witnesses; (B) in effect, the transferee court simply transferred all of the civil actions for trial to itself; and (C) this process worked well because the transferee court was well-versed in the facts and law of the centralized litigation and the court could assist all parties to settle when appropriate; (5) in 1998, the United States Supreme Court held that the plain language of section 1407 of title 28, United States Code, requires the Judicial Panel to remand all civil actions for trial back to the respective districts from which such actions were originally referred; (6) the absence of authority to transfer a centralized civil action for trial hampers the Judicial Panel and transferee judges in their ability to achieve the important goals of section 1407 of that title promoting the just and efficient conduct of multidistrict litigation; (7) the Judicial Panel has inherent rulemaking authority to promulgate procedural rules pertaining to multidistrict litigation which the Judicial Panel has already exercised to ensure that when a centralization occurs all civil actions of a similar nature then filed and all later civil actions that may be filed are sent to 1 district court; (8) Congress has statutorily conferred the Judicial Panel with rulemaking authority for the conduct of its business not inconsistent with the United States Constitution, Acts of Congress, and the Federal Rules of Civil Procedure; and (9) in civil actions in which punitive damages are to be imposed, individual courts, including transferee courts, must ensure that the measure of punishment is both reasonable and proportionate to the amount of harm to plaintiffs and to the amount of compensatory damages received. (b) Purpose.--The purpose of this Act is to improve the litigation system in the Nation to allow a Federal judge to whom a civil action is transferred under section 1407 of title 28, United States Code, to retain jurisdiction over certain civil actions for trial to determine liability and compensatory and punitive damages, if appropriate, in compliance with due process requirements. SEC. 3. MULTIDISTRICT LITIGATION. Section 1407 of title 28, United States Code, is amended-- (1) in the third sentence of subsection (a), by inserting ``or ordered transferred to the transferee or other district under subsection (i)'' after ``terminated''; and (2) by adding at the end the following: ``(i)(1) Subject to paragraph (2) and except as provided in subsection (j), any action transferred under this section by the panel may be transferred for trial purposes, by the judge or judges of the transferee district to whom the action was assigned, to the transferee or other district in the interest of justice and for the convenience of the parties and witnesses. ``(2) Any action transferred for trial purposes under paragraph (1) shall be remanded by the panel for the determination of compensatory damages to the district court from which it was transferred, unless the court to which the action has been transferred for trial purposes also finds, for the convenience of the parties and witnesses and in the interests of justice, that the action should be retained for the determination of compensatory damages.''. SEC. 4. TECHNICAL AMENDMENT TO MULTIPARTY, MULTIFORM TRIAL JURISDICTION ACT OF 2002. Section 1407 of title 28, United States Code, as amended by section 3 of this Act, is further amended by adding at the end the following: ``(j)(1) In actions transferred under this section when jurisdiction is or could have been based, in whole or in part, on section 1369 of this title, the transferee district court may, notwithstanding any other provision of this section, retain actions so transferred for the determination of liability and punitive damages. An action retained for the determination of liability shall be remanded to the district court from which the action was transferred, or to the State court from which the action was removed, for the determination of damages, other than punitive damages, unless the court finds, for the convenience of parties and witnesses and in the interest of justice, that the action should be retained for the determination of damages. ``(2) Any remand under paragraph (1) shall not be effective until 60 days after the transferee court has issued an order determining liability and has certified its intention to remand some or all of the transferred actions for the determination of damages. An appeal with respect to the liability determination and the choice of law determination of the transferee court may be taken during that 60-day period to the court of appeals with appellate jurisdiction over the transferee court. In the event a party files such an appeal, the remand shall not be effective until the appeal has been finally disposed of. Once the remand has become effective, the liability determination and the choice of law determination shall not be subject to further review by appeal or otherwise. ``(3) An appeal with respect to determination of punitive damages by the transferee court may be taken, during the 60-day period beginning on the date the order making the determination is issued, to the court of appeals with jurisdiction over the transferee court. ``(4) Any decision under this subsection concerning remand for the determination of damages, other than punitive damages, shall not be reviewable by appeal or otherwise. ``(5) Nothing in this subsection shall restrict the authority of the transferee court to transfer or dismiss an action on the ground of inconvenient forum.''. SEC. 5. EFFECTIVE DATE. (a) Multidistrict Litigation.--The amendments made by section 3 shall apply to any civil action pending on or brought on or after the date of the enactment of this Act. (b) Technical Amendment.--The amendment made by section 4 shall be effective as if enacted in section 11020(b) of the Multiparty, Multiforum Trial Jurisdiction Act of 2002 (Public Law 107-273; 116 Stat. 1826 et seq.).	Multidistrict Litigation Restoration Act of 2005 [sic] - Amends the federal judicial code to allow a civil action transferred for coordinated or consolidated pretrial proceedings (multidistrict litigation) to be transferred to the transferee or other district for trial purposes in the interest of justice and for the convenience of the parties and witnesses. Requires that any such action transferred for trial purposes be remanded to the district court from which it was transferred for the determination of compensatory damages, unless the court determines the same justification applies to retaining the action for damages determination. Authorizes the transferee court to retain actions transferred, for the determination of liability and punitive damages, when jurisdiction is or could have been based on the Multiparty, Multiforum Trial Jurisdiction Act of 2002 (which grants district courts original jurisdiction of any civil action involving minimal diversity between adverse parties that arises from a single accident, where at least 75 natural persons have died in the accident at a discrete location). Requires that an action retained for the determination of liability be remanded to the district court from which the action was transferred, or to the state court from which the action was removed, for the determination of damages, other than punitive damages, unless the court finds that the action should be retained for the determination of such damages for the convenience of parties and witnesses and in the interest of justice.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Older Americans Preventive Health Act of 1993''. SEC. 2. MEDICARE COVERAGE OF COMPREHENSIVE HEALTH ASSESSMENT. (a) In General.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (1) by striking ``and'' at the end of subparagraph (O); (2) by striking the semicolon at the end of subparagraph (P) and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(Q) comprehensive health assessment (as defined in subsection (oo));''. (b) Comprehensive Health Assessment Defined.--Section 1861 of such Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``comprehensive health assessment ``(oo)(1) The term `comprehensive health assessment' means a procedure conducted by a primary care physician (as defined in paragraph (3)) that is provided to an individual enrolled under part B who elects to receive coverage for such assessment (at such time and in such manner as the Secretary may provide by regulation) and that consists of the following examinations, tests, and procedures: ``(A) The taking of a health history. ``(B) A physical examination, including an examination for height, weight, blood pressure, visual acuity, hearing, and palpation for pre-clinical disease. ``(C) Laboratory and screening procedures, including-- ``(i) nonfasting total blood cholesterol; ``(ii) fecal occult blood testing, and ``(iii) sigmoidoscopy (in accordance with a periodicity schedule established by the Secretary). ``(D) Counseling services, including counseling relating to-- ``(i) exercise; ``(ii) smoking cessation; ``(iii) substance abuse prevention; ``(iv) injury prevention; ``(v) dental health; ``(vi) prescription drug use; ``(vii) the need to visit eye specialists for glaucoma testing; ``(viii) diet; ``(ix) in the case of women, the need for regular mammograms and pap smears; and ``(x) in the case of individuals identified as being at high risk for specific medical conditions, counseling for-- ``(I) estrogen replacement therapy, ``(II) aspirin therapy, and ``(III) skin protection from ultraviolet light. ``(2) For purposes of this subsection, the term `primary care physician' includes a physician (described in section 1861(r)(1)) who is a family practitioner, general practitioner, internal medicine specialist, general preventive medicine specialist, obstetrical or gynecological specialist, pediatrician.''. (c) Amount of Payment; Waiver of Copayment.--(1) Section 1833(a)(1) of such Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) by striking ``1834(h)(1), (M)'' and inserting ``1834(h)(1), (N)''; (B) by striking ``(r)(2)) and (N)'' and inserting ``(r)(2)), (O)''; and (C) by striking the semicolon at the end and inserting the following: ``, and (P) with respect to expenses incurred for a comprehensive health assessment (as described in section 1861(oo)), the amounts paid shall be 100 percent of the reasonable charge for such assessment or the fee schedule amount determined under section 1848 for such assessment;''. (2) The second to last sentence of section 1866(a)(2)(A) of such Act (42 U.S.C. 1395cc(a)(2)(A)) is amended by inserting after ``with the first opinion),'' the following: ``with respect to a comprehensive health assessment (as described in section 1861(oo)),''. (d) Financing Through Increase in Part B Premium.--Section 1839 of such Act (42 U.S.C. 1395r) is amended by adding at the end the following new subsection: ``(g) Notwithstanding any other provision of this section, in the case of an individual enrolled under this part who elects to receive coverage for a comprehensive health assessment pursuant to section 1861(oo)(1) for months in a calendar year, the amount of the monthly premium otherwise applicable to the individual under this section for months in such year shall be increased by such amount as the Secretary determines to be necessary to ensure that the amount of expenditures made under this part during the year as a result of the enactment of the Older Americans Preventive Health Act of 1993 will not exceed the amount of expenditures that would have been made under this part during the year if such Act had not been enacted into law.''. (e) Effective Date.--The amendments made by this sections shall apply to services furnished on or after January 1, 1994. SEC. 2. MEDICARE COVERAGE OF CERTAIN IMMUNIZATIONS. (a) In General.--Section 1861(s)(10) of the Social Security Act (42 U.S.C. 1395x(s)(10)) is amended-- (1) in subparagraph (A), by striking ``; and'' and inserting a comma; (2) in subparagraph (B), by striking the semicolon at the end and inserting ``, and''; and (3) by adding at the end the following new subparagraph: ``(C) such immunizations as the Secretary designates for prevention or treatment of tuberculosis, meningococcal meningitis, tetanus, diptheria, and such other infectious diseases as the Secretary determines present a public health problem, furnished to individuals who, as determined in accordance with regulations promulgated by the Secretary, are at high risk of contracting any of such diseases;''. (b) Waiver of Copayment.--(1) Section 1833(a)(1)(B) of such Act (42 U.S.C. 1395l(a)(1)(B)) is amended by striking ``1861(s)(10)(A)'' and inserting ``1861(s)(10)''. (2) The third sentence of section 1866(a)(2)(A) of such Act (42 U.S.C. 1395cc(a)(2)(A)) is amended by striking ``1861(s)(10)(A)'' and inserting ``1861(s)(10)''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall apply to items and services furnished on or after January 1, 1994. SEC. 3. ADDITIONAL AUTHORIZATION OF APPROPRIATIONS FOR PROVISION OF EDUCATION AND INFORMATION REGARDING CANCER. Section 408(a)(1) of the Public Health Service Act (42 U.S.C. 284c(a)(1)) is amended by adding at the end the following new subparagraph: ``(C)(i) Subject to clause (ii), for the purpose of providing under sections 412 and 413 education and information regarding cancer to health professionals and the public, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1994 through 1996. The authorization of appropriations established in the preceding sentence is in addition to any other authorization of appropriations that is available for such purpose. ``(ii) In carrying out the purpose described in clause (i) with amounts appropriated under such clause, the Director of the Cancer Institute shall give priority to carrying out the purpose with respect to low-income individuals.''.	Older Americans Preventive Health Act of 1993 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of a comprehensive health assessment and certain immunizations under Medicare part B (Supplementary Medical Insurance). Amends the Public Health Service Act to authorize additional appropriations for the provision of education and information regarding cancer to health professionals and the public.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Mental Health Care for Our Wounded Warriors Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) An estimated one in six members of the Armed Forces returning from service in Iraq or Afghanistan has a diagnosable condition of post-traumatic stress disorder (PTSD). (2) One in ten members of the Armed Forces who have served in Iraq or Afghanistan may suffer from a traumatic brain injury (TBI). (3) Since 2001, approximately 1,500,000 members of the Armed Forces have been deployed in support of the conflicts in Iraq and Afghanistan, of whom approximately one-third have served at least two tours of duty, 70,000 have served three tours of duty, and 20,000 have served at least five tours of duty. (4) Currently, there are 700,000 children in the United States with at least one parent deployed to support ongoing military operations in Iraq and Afghanistan. (5) The Department of Defense is facing a shortage of mental health professionals. The Department has had as many as 450 psychologists on active duty in the Armed Forces in past years. However, the Department currently has only 350 psychologists on active duty in the Armed Forces in support of combat operations. (6) The demands placed on the Department of Defense mental health system exceed its capacity to provide services in a timely manner to all those in need. (7) The long-term costs of treating members of the Armed Forces returning from Iraq and Afghanistan could ultimately reach $700,000,000,000, with post-traumatic stress disorder projected to be one of the most expensive conditions to treat. (8) Women now constitute 16 percent of the members of the Armed Forces and are assigned to 90 percent all military occupations. As a result, there is a need for research on whether or not women in combat roles have unique mental health needs that should be addressed by the mental health system of the Department of Defense. (9) More than 25 percent of the members of the Armed Forces deployed in support combat operations in Iraq and Afghanistan are ethnic minorities. There is a need for research on whether or not minorities have unique mental health needs that should be addressed by the mental health system of the Department of Defense. (10) Three out of every five deployed members of the Armed Forces have a spouse, child, or both. However, there is a paucity of research on the mental health needs of members of the Armed Forces and their families. (11) Approximately 40 percent of the billets for licensed clinical psychologists in the Army are vacant, and there are shortages in other mental health professions, including psychiatry and clinical social work. (12) The long-term needs associated with mental health conditions and brain injuries will require a robust mental health professional workforce. SEC. 3. SENSE OF CONGRESS ON MENTAL HEALTH OF THE MEMBERS OF THE ARMED FORCES. It is the sense of Congress that-- (1) members of the Armed Forces deserve the best possible treatment for injuries sustained while in service to the United States; (2) injuries sustained by members of the Armed Forces in combat produce both physical and mental illnesses; (3) members of the Armed Forces should have access to mental health providers to facilitate their treatment for mental illness sustained during combat; (4) mental health disorders, such as post-traumatic stress disorder (PTSD), incurred by members of the Armed Forces in combat should be treated with an urgency similar to physical ailments incurred by such members in combat; (5) there is a need to train, recruit, and retain more psychologists, social workers, psychiatrists, neurologists, and other health care professionals to diagnose and provide short- term and long-term care for members of the Armed Forces with mental health conditions, including traumatic brain injuries (TBIs), sustained in combat; and (6) there is a continued need for-- (A) basic science research on post-traumatic stress disorder, traumatic brain injury, and other combat- related conditions; (B) the development of new treatments for post- traumatic stress disorder, traumatic brain injury, and other combat-related conditions; (C) the dissemination of best practices for treating and managing post-traumatic stress disorder, traumatic brain injury, and other combat-related conditions; and (D) a long-term strategy for education, training, recruitment, and retention for the mental health workforce of the Department of Defense in order to expand and improve that workforce. SEC. 4. CENTERS OF EXCELLENCE IN MILITARY MENTAL HEALTH. (a) Establishment.-- (1) In general.--Chapter 55 of title 10, United States Code, is amended by inserting after section 1105 the following new section: ``Sec. 1105a. Centers of Excellence in Military Mental Health ``(a) In General.--The Secretary of Defense shall establish within the Department of Defense at least two centers of excellence in military mental health to carry out the responsibilities specified in subsection (c). Each such center shall be known as a `Center of Excellence in Military Mental Health'. ``(b) Partnerships.--The Secretary shall authorize each Center of Excellence in Military Mental Health to enter into such partnerships, agreements, or other arrangements as the Secretary considers appropriate with institutions of higher education and other appropriate public and private entities to carry out the responsibilities specified in subsection (c). ``(c) Responsibilities.--Each Center of Excellence in Military Mental Health shall have responsibilities as follows: ``(1) To direct and oversee, based on expert research, the development and implementation of a long-term, comprehensive plan and strategy for the Department of Defense for the prevention, identification, and treatment of combat-related mental health conditions and brain injuries, with an emphasis on post-traumatic stress disorder (PTSD) and traumatic brain injury (TBI). ``(2) To provide for the development, testing, and dissemination within the Department of best practices for the treatment of combat-related mental health conditions and brain injuries, including post-traumatic stress disorder, traumatic brain injury, acute depression, and substance abuse. ``(3) To provide guidance for the mental health system of the Department in determining the mental health and neurological health personnel required to provide quality mental health care for members of the armed forces. ``(4) To establish, implement, and oversee a comprehensive program to train mental health and neurological health professionals of the Department in the treatment of combat- related mental health conditions and brain injuries. ``(5) To facilitate advancements in the study of the short- term and long-term psychological effects of traumatic brain injury. ``(6) To disseminate within the military medical treatment facilities of the Department best practices for training mental health professionals, including neurological health professionals. ``(7) To develop a strategic plan to reduce the stigma among members of the armed forces regarding the presence of mental illness or other mental health conditions in such members. ``(8) To conduct basic science and translational research on combat-related mental health conditions and brain injuries for the purposes of understanding the etiology of such conditions and injuries and developing preventive interventions and new treatments. ``(9) To develop outreach strategies and treatments for families of members of the armed forces with combat-related mental health conditions or brain injuries in order to mitigate the negative impacts of such conditions and injuries on such family members and to support the recovery of such members from such conditions and injuries. ``(10) To conduct research on the unique mental health needs of women members of the armed forces who serve in combat zones and develop treatments to meet any needs identified through such research. ``(11) To conduct research on the unique mental health needs of ethnic minority members of the armed forces who serve in combat and develop treatments to meet any needs identified through such research. ``(12) To conduct research on the mental health needs of families of members of the armed forces who are deployed to combat zones and develop treatments to meet any needs identified through such research. ``(13) To develop and oversee a long-term plan to increase the number of mental health and neurological health professionals within the Department in order to facilitate the meeting by the Department of the long-term needs of members of the armed forces with combat-related mental health conditions or brain injuries. ``(14) Such other responsibilities as the Secretary shall specify.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 55 of such title is amended by inserting after the item relating to section 1105 the following new item: ``1105a. Centers of Excellence in Military Mental Health.''. (3) Report on establishment.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the establishment of Centers of Excellence in Military Mental Health under section 1105a of title 10, United States Code (as added by paragraph (1)). The report shall-- (A) set forth the number and location of the Centers of Excellence in Military Mental Health so established; (B) for each Center so established, describe in detail the activities and proposed activities of such Center; and (C) assess the general progress of the Centers in discharging the responsibilities set forth in that section. (b) Oversight.-- (1) Board of oversight.--The Secretary of Defense shall establish a board to oversee the activities of the Centers of Excellence in Military Mental Health of the Department of Defense established under section 1105a of title 10, United States Code (as added by subsection (a)). The board shall be known as the ``Board of Oversight of Excellence in Military Mental Health'' (in this subsection referred to as the ``Board''). (2) Membership.-- (A) Required members.--The members of the Board shall include the following: (i) The director of each Center of Excellence in Military Mental Health. (ii) The commanding officer of Walter Reed Army Medical Center, District of Columbia. (iii) The Surgeon General of the Army, the Surgeon General of the Navy, and the Surgeon General of the Air Force. (iv) The Assistant Secretary of Defense for Health Affairs. (B) Authorized members.--With the joint approval of the Secretary of Defense and the Secretary of Veterans Affairs, the members of the Board may include any of the following: (i) The Under Secretary of Veterans Affairs for Health. (ii) Any director of a polytrauma center of the Department of Veterans Affairs. (3) Meetings.--The Board shall meet not less often than four times each year. (4) Responsibilities.--The responsibilities of the Board shall include the following: (A) To consider and evaluate proposals of the Centers of Excellence in Military Mental Health in the discharge of the responsibilities of such Centers. (B) To develop mechanisms for the dissemination and implementation of recommendations and best practices on military mental health developed by the Centers of Excellence in Military Mental Health. (C) Such other responsibilities as the Secretary shall establish for purposes of this section. SEC. 5. PERSONNEL SHORTAGES IN MENTAL HEALTH WORKFORCE OF THE DEPARTMENT OF DEFENSE. (a) Recommendations on Means of Addressing Shortages.-- (1) Report.--Not later than 45 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the recommendations of the Secretary for such legislative or administrative actions as the Secretary considers appropriate to address current personnel shortages in the mental health workforce of the Department of Defense. (2) Elements.--The report required by paragraph (1) may include recommendations on the following: (A) Enhancements or improvements of financial incentives for personnel in the mental health workforce of the Department of Defense in order to enhance the recruitment and retention of such personnel, including recruitment, accession, or retention bonuses and scholarship, tuition, and other financial assistance. (B) Modifications of service obligations of personnel in the mental health workforce. (C) Such other matters as the Secretary considers appropriate. (b) Recruitment.--Commencing not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall implement programs to recruit qualified individuals in mental health fields to service in the Armed Forces as mental health personnel of the Armed Forces.	Mental Health Care for Our Wounded Warriors Act - Expresses the sense of Congress that: (1) members of the Armed Forces (members) deserve the best possible treatment for mental and physical illnesses and injuries sustained while in military service; (2) members should have access to mental health providers; (3) mental health disorders such as post-traumatic stress disorder (PTSD) should be treated with an urgency similar to physical ailments incurred by members; (4) there is a need to recruit, train, and retain more mental health care professionals to diagnose and treat members; and (5) there is a continued need for research, new treatments, and best practices for treating PTSD, as well as a long-term strategy for recruiting, training, and retaining the mental health workforce of the Department of Defense (DOD). Directs the Secretary of Defense to establish at least two centers of excellence in military mental health for, among other things, the development and implementation of DOD strategy for the prevention, identification, and treatment of combat-related mental health conditions, with an emphasis on PTSD and traumatic brain injury. Requires a report from the Secretary to the congressional defense committees on appropriate actions to address current personnel shortages in the DOD mental health workforce.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Reliable and Effective Growth for Regenerative Health Options that Improve Wellness'' or the ``REGROW Act''. SEC. 2. CELLULAR THERAPEUTICS. (a) Current Pathways.--Nothing in this Act, or the amendments made by this Act, shall be applied or interpreted as restricting or otherwise modifying any pathway to market which is (as of the day immediately before the date of enactment of this Act) provided under regulations promulgated by the Food and Drug Administration, including pathways under sections 351 and 361 of the Public Health Service Act (42 U.S.C. 262 and 264). (b) Approval for Therapies.--Subpart 1 of part F of title III of the Public Health Service Act (42 U.S.C. 262 et seq.) is amended by adding after section 351A the following: ``SEC. 351B. APPROVAL FOR CELLULAR THERAPIES. ``(a) Conditional Approval of Cellular or Tissue Therapeutic.--Not later than 1 year after the date of enactment of this section, the Secretary shall establish a program to conditionally approve a cellular therapeutic product if the sponsor of such product demonstrates preliminary clinical evidence of safety, and a reasonable expectation of effectiveness, without initiation of phase III investigations. ``(b) Additional Requirements for Conditional Approval.--A conditionally approved product under subsection (a) shall, for a 5-year conditional use period, be manufactured, introduced into interstate commerce, and used consistent with the regulations in effect at the time of such use, including good manufacturing practices, without the approval of an application under section 351(a), if all of the following apply: ``(1) Such cells or tissues are adult human cells or tissues. ``(2) Such cells or tissues have been evaluated to examine immunogenicity and do not provoke a significant unintended immune response in the recipient. ``(3) Such cells or tissues are-- ``(A) minimally manipulated for a nonhomologous use; or ``(B) more-than-minimally manipulated for a homologous or nonhomologous use, but are not genetically modified. ``(4) Such cells or tissues are produced for a specific indication. ``(5) Such cells or tissues are produced exclusively for a use that performs, or helps achieve or restore, the same, or similar, function in the recipient as in the donor. ``(6) Within 5 years of the safety and effectiveness determination described in this section, the sponsor of the conditionally approved new product prepares and submits an application for approval of a biological product under section 351(a), demonstrating potency, purity, safety, and efficacy of the use. The Secretary may permit continued use of such product until the Secretary completes the review of the application and makes a determination. Upon a determination by the Secretary not to approve the application, use of the cellular therapeutic shall not be permitted. ``(7) During the conditional approval period, and before approval of an application under section 351(a), the sponsor shall prepare and submit annual reports and adverse event reports to the Secretary containing all the information required for approved biological products. ``(8) The sponsor has submitted an application under section 505(i) of the Federal Food, Drug, and Cosmetic Act for the treatment of the patients during the 5-year conditional use period. ``(9) The sponsor has not previously received conditional approval for such product for the same indication. ``(c) Informed Use.--The individual administering a product approved under subsection (b) shall inform each individual who uses such product that the product has been conditionally approved based on studies in a limited population, without proof of efficacy, and that the Secretary is requiring additional studies of the product. ``(d) Stem Cell Banking.--To be eligible to provide cells for the uses described under subsection (b), public and private cord blood banks, tissue banks, and bone marrow repositories shall be in full compliance with good tissue practice requirements under part 1271 of title 21, Code of Federal Regulations (or successor regulations), as applicable.''. SEC. 3. DEVICES USED IN RECOVERY, PROCESSING, AND DELIVERY OF CELLULAR THERAPEUTICS. (a) Clearance.--Section 510(k) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(k)) is amended-- (1) in paragraph (1), by striking ``, and'' and inserting ``;''; (2) in paragraph (2), by striking the period and inserting ``; and''; and (3) by inserting after paragraph (2) the following: ``(3) in the case of a cellular therapeutic described in section 351B(a) of the Public Health Service Act, the general function of the device used for the recovery, isolation, processing, or delivery of such cellular therapeutic.''. (b) Clearance or Approval of Cellular Therapeutics.--Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by inserting after section 515A the following: ``SEC. 515B. CLASSIFICATION OF CELLULAR THERAPEUTICS. ``Clearance or approval of a device that is a cellular therapeutic described in section 351B(a) of the Public Health Service Act shall be based on in vitro performance testing and not in vivo human clinical trials, as appropriate. The Secretary shall classify devices in accordance with section 513 used for cell therapy (as described in section 351B(a) of the Public Health Service Act), focusing on the general use of such devices for harvesting, delivery, or processing cells and sustaining the viability and functions of the cells in vivo. The classification regulation shall not require that such devices be cleared under section 510(k) or approved under section 515 for use with only specific types of cells or for specific uses unless unique to the intended use of the device. If the Secretary determines that no predicate exists, or that a device classified as class III is sufficiently low risk to justify a lower classification, the Secretary shall apply the procedure outlined in section 513(f)(2) to permit the review and marketing of the device.''. (c) Combination Products.--Section 503(g)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(g)(1)) is amended-- (1) in subparagraph (B), by striking ``or''; (2) in subparagraph (C), by striking the period and inserting ``, or''; and (3) by adding at the end the following: ``(D) cellular components, the agency center charged with premarket review of biological products shall have primary jurisdiction.''. SEC. 4. GUIDANCE; AMENDED REGULATIONS. (a) Guidance.--Within 1 year of the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the ``Secretary'') may issue draft guidance on clarifying the requirements with respect to cellular therapeutics, as set forth in section 351B of the Public Health Service Act, as added by section 2, and devices used in processing or delivery of cellular therapeutics, as set forth in section 510(k)(3) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(k)(3)) and section 515B of such Act, as added by section 3(b). The Secretary shall issue final guidance not later than 180 days after the close of the comment period (including any extensions of such period) for the draft guidance. Such comment period may not exceed 60 days. (b) Amended Regulations.-- (1) In general.--If the Secretary determines that it is appropriate to amend the regulations under title 21, Code of Federal Regulations, in order to clarify the requirements of section 351B of the Public Health Service Act, as added by section 2, the Secretary shall amend such regulations not later than 1 year after the date of enactment of this Act. (2) Procedure.--In amending regulations under paragraph (1), the Secretary shall-- (A) issue a notice of proposed rulemaking that includes the proposed regulations; (B) provide a period of not more than 60 days for comments on the proposed regulations; and (C) publish the final regulations not less than 30 days before the effective date of such regulations. (c) Public Meeting.--In carrying out this Act, including the amendment made by section 2 and the amendments made by section 3, the Secretary, not later than 90 days after the date of enactment of this Act, shall have not less than 1 public meeting on the relevant regulatory policies relating to cell and tissue products, including any changes to such policies necessary to encourage innovation and regulatory certainty with regard to the development of regenerative medicine products. SEC. 5. REGENERATIVE MEDICINE STANDARDS. The Secretary shall work with stakeholders, including regenerative product manufacturers, academic institutions, standards setting organizations, and the National Institute of Standards and Technology, to promote and facilitate an effort to develop, through a transparent public process, standards that will facilitate regulatory predictability regarding manufacturing processes and controls for regenerative medicine products.	Reliable and Effective Growth for Regenerative Health Options that Improve Wellness or the REGROW Act This bill amends the Public Health Service Act to require the Food and Drug Administration (FDA) to conditionally approve certain cellular therapeutic products without initiation of large-scale clinical trials. A conditionally approved cellular therapy may be marketed if certain conditions are met, including conditions on the source, processing, and function of the cells in the product. The sponsor of a conditionally approved cellular therapy must apply for approval of the product as a biological product within five years. Unless the FDA has decided not to approve the product, the product may be marketed during this five-year period and the FDA may permit continued marketing while the application is being reviewed. An individual administering a conditionally approved cellular therapy must inform the recipient regarding conditional approval. The premarket report for a medical device used for cellular therapy must include specified information regarding the preparation or delivery of the cellular therapy. The approval of a medical device that is a cellular therapy must be based on laboratory performance testing and not clinical trials. A medical device used for cellular therapy is subject to medical device classification. The FDA must not limit the use of these devices to only specific cell types unless unique to the use of the device. The Center for Biologics Evaluation and Research has primary jurisdiction for premarket review of combination products that act primarily through cellular components. The Department of Health and Human Services must work with stakeholders to promote the development of standards for regenerative medicine products.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect Law Enforcement Armor Act'' or the ``PLEA Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Law enforcement is facing a threat from handguns and accompanying ammunition, which are designed to penetrate police body armor, being marketed and sold to civilians. (2) A Five-seveN Pistol and accompanying ammunition, manufactured by FN Herstal of Belgium as the ``5.7 x 28 mm System'', has recently been recovered by law enforcement on the streets. The Five-seveN Pistol is legally available for purchase by civilians under current law. (3) The Five-seveN Pistol is capable of penetrating level IIA armor. The manufacturer advertises that ammunition fired from the Five-seveN will perforate 48 layers of Kevlar up to 200 meters and that the ammunition travels at 2,100 feet per second. (4) The Five-seveN Pistol, and similar handguns designed to use ammunition capable of penetrating body armor, pose a devastating threat to law enforcement. (b) Purpose.--The purpose of this Act is to protect the Nation's law enforcement officers by-- (1) testing handguns and ammunition for capability to penetrate body armor; and (2) prohibiting the manufacture, importation, sale, or purchase by civilians of the Five-seveN Pistol, ammunition for such pistol, or any other handgun that uses ammunition found to be capable of penetrating body armor. SEC. 3. ARMOR-PIERCING HANDGUNS TREATED THE SAME AS MACHINEGUNS FOR PURPOSES OF ALL FEDERAL CRIMINAL LAWS RELATING TO FIREARMS. (a) Definition of Armor-Piercing Handgun.--Section 921(a) of title 18, United States Code, is amended by adding at the end the following: ``(36) The term `armor-piercing handgun' means any handgun that fires ammunition that the Attorney General determines is capable of penetrating body armor when fired from such handgun pursuant to section 926(d) of this title.''. (b) Determination of Ability To Penetrate Body Armor.--Section 926 of such title is amended by adding at the end the following: ``(d)(1) Not later than 1 year after the date of enactment of this subsection, the Attorney General shall promulgate standards for the uniform testing of firearms and ammunition for their ability to penetrate the Body Armor Exemplar. ``(2) The standards promulgated pursuant to this subsection shall take into account variations in performance relating to the size of the firearm and ammunition, the propellant included in the ammunition, the material composition of the bullet, the length of the barrel of the firearm, the current or historical marketing of the firearm's capabilities, and any other considerations the Attorney General deems relevant, except that in no case shall a handgun capable of piercing the Body Armor Exemplar be deemed exempt from any restrictions under this title by reason of sporting use. ``(3) The standards promulgated pursuant to this subsection shall recognize that the Fabrique Nationale Herstal Five-seveN and Five-seveN MK2 handguns were purposefully designed to fire ammunition capable of penetrating body armor. ``(4) As used in this subsection, the term `Body Armor Exemplar' means body armor that the Attorney General determines meets minimum standards for the protection of law enforcement officers.''. (c) Inclusion in Definition of Firearm.--Section 921(a)(3)(A) of such title is amended by inserting ``, including an armor-piercing handgun'' before the semicolon. (d) Ban on Possession or Transfer.--Section 922(o) of such title is amended-- (1) in paragraph (1), by inserting ``or armor-piercing handgun'' after ``machinegun''; and (2) in paragraph (2)-- (A) by striking ``or'' at the end of subparagraph (A); (B) by striking the period at the end of subparagraph (B) and inserting ``; or''; and (C) by adding at the end the following: ``(C) any otherwise lawful transfer or otherwise lawful possession of an armor-piercing handgun that was lawfully possessed before the date this subparagraph takes effect.''. (e) Ban on Unauthorized Transport in Interstate or Foreign Commerce.--Section 922 of such title is amended in each of subsections (a)(4) and (b)(4) by inserting ``armor-piercing handgun,'' before ``machinegun''. (f) Enhanced Penalties for Using, Carrying, or Possessing During and in Relation to a Crime of Violence or Drug Trafficking Crime.-- Section 924(c)(1) of such title is amended in each of subparagraphs (B)(ii) and (C)(ii) by inserting ``, an armor-piercing handgun,'' after ``machinegun''. (g) Penalties for Conspiring To Commit an Offense Subject to Certain Enhanced Penalties.--Section 924(o) of such title is amended by inserting ``, armor-piercing handgun,'' after ``machinegun''. (h) Exception From Requirement To Allow Importation of an Unserviceable Firearm That Is a Curio or Museum Piece.--Section 925(d)(2) of such title is amended by inserting ``an armor-piercing handgun or'' before ``a machinegun''. (i) Exception From Concealed Firearms Allowed To Be Carried by Qualified Law Enforcement Officers.--Section 926B(e)(3) of such title is amended by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively, and inserting after subparagraph (A) the following: ``(B) any armor-piercing handgun;''. (j) Exception From Concealed Firearms Allowed To Be Carried by Qualified Retired Law Enforcement Officers.--Section 926C(e)(1)(C) of such title is amended by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively, and inserting after clause (i) the following: ``(ii) any armor-piercing handgun;''.	Protect Law Enforcement Armor Act or the PLEA Act This bill requires the Department of Justice (DOJ) to promulgate regulations for the uniform testing of firearms for their ability to penetrate the Body Armor Exemplar, which shall take into consideration various enumerated factors and any other considerations DOJ deems relevant, except in no case shall a handgun capable of piercing the Body Armor Exemplar be deemed exempt from any restrictions under federal firearms laws by reason of sporting use. The bill makes it unlawful to transfer or possess an armor-piercing handgun subject to several exceptions. The bill exempts such handguns from this prohibition if they are lawfully possessed before the date this bill becomes effective. The bill also prohibits any person from transporting in interstate or foreign commerce any armor-piercing handgun or any licensed importer, manufacturer or dealer from selling or delivering such handguns except as specifically authorized by DOJ consistent with public safety and necessity. Persons who use, carry, or possess an armor-piercing handgun in relation to any crime of violence or drug trafficking crime shall, in addition to the punishment provided for such crime, be subject to a 30-year mandatory minimum sentencing enhancement, and in the case of a second or subsequent conviction shall be imprisoned for life. Any person who conspires to commit such a crime shall be imprisoned for any term of years or life. The exemption allowing qualified law enforcement officers and qualified retired law enforcement officers to carry a concealed firearm does not apply to armor-piercing handguns.
SECTION 1. SHORT TITLE, ETC. (a) Short Title.--This Act may be cited as the ``Marriage Tax Relief Reconciliation Act of 2000''. (b) Section 15 Not To Apply.--No amendment made by this Act shall be treated as a change in a rate of tax for purposes of section 15 of the Internal Revenue Code of 1986. SEC. 2. ELIMINATION OF MARRIAGE PENALTY IN STANDARD DEDUCTION. (a) In General.--Paragraph (2) of section 63(c) of the Internal Revenue Code of 1986 (relating to standard deduction) is amended-- (1) by striking ``$5,000'' in subparagraph (A) and inserting ``200 percent of the dollar amount in effect under subparagraph (C) for the taxable year''; (2) by adding ``or'' at the end of subparagraph (B); (3) by striking ``in the case of'' and all that follows in subparagraph (C) and inserting ``in any other case.''; and (4) by striking subparagraph (D). (b) Technical Amendments.-- (1) Subparagraph (B) of section 1(f)(6) of such Code is amended by striking ``(other than with'' and all that follows through ``shall be applied'' and inserting ``(other than with respect to sections 63(c)(4) and 151(d)(4)(A)) shall be applied''. (2) Paragraph (4) of section 63(c) of such Code is amended by adding at the end the following flush sentence: ``The preceding sentence shall not apply to the amount referred to in paragraph (2)(A).''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. SEC. 3. PHASEOUT OF MARRIAGE PENALTY IN 15-PERCENT AND 28-PERCENT RATE BRACKETS. (a) In General.--Subsection (f) of section 1 of the Internal Revenue Code of 1986 (relating to adjustments in tax tables so that inflation will not result in tax increases) is amended by adding at the end the following new paragraph: ``(8) Phaseout of marriage penalty in 15-percent and 28- percent rate brackets.-- ``(A) In general.--With respect to taxable years beginning after December 31, 2001, in prescribing the tables under paragraph (1)-- ``(i) the maximum taxable income amount in the 15-percent rate bracket, the minimum and maximum taxable income amounts in the 28- percent rate bracket, and the minimum taxable income amount in the 31-percent rate bracket in the table contained in subsection (a) shall be the applicable percentage of the comparable taxable income amounts in the table contained in subsection (c) (after any other adjustment under this subsection), and ``(ii) the comparable taxable income amounts in the table contained in subsection (d) shall be \1/2\ of the amounts determined under clause (i). ``(B) Applicable percentage.--For purposes of subparagraph (A), the applicable percentage shall be determined in accordance with the following table: ``For taxable years beginning The applicable in calendar year-- percentage is-- 2002................................... 170.3 2003................................... 173.8 2004................................... 180.0 2005................................... 183.2 2006................................... 185.0 2007 and thereafter.................... 200.0. ``(C) Rounding.--If any amount determined under subparagraph (A)(i) is not a multiple of $50, such amount shall be rounded to the next lowest multiple of $50.''. (b) Technical Amendments.-- (1) Subparagraph (A) of section 1(f)(2) of such Code is amended by inserting ``except as provided in paragraph (8),'' before ``by increasing''. (2) The heading for subsection (f) of section 1 of such Code is amended by inserting ``Phaseout of Marriage Penalty in 15-Percent and 28-Percent Rate Brackets;'' before ``Adjustments''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001. SEC. 4. MARRIAGE PENALTY RELIEF FOR EARNED INCOME CREDIT. (a) In General.--Paragraph (2) of section 32(b) of the Internal Revenue Code of 1986 (relating to percentages and amounts) is amended-- (1) by striking ``Amounts.--The earned'' and inserting ``Amounts.-- ``(A) In general.--Subject to subparagraph (B), the earned''; and (2) by adding at the end the following new subparagraph: ``(B) Joint returns.--In the case of a joint return, the phaseout amount determined under subparagraph (A) shall be increased by $2,500.''. (b) Inflation Adjustment.--Paragraph (1)(B) of section 32(j) of such Code (relating to inflation adjustments) is amended to read as follows: ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined-- ``(i) in the case of amounts in subsections (b)(2)(A) and (i)(1), by substituting `calendar year 1995' for `calendar year 1992' in subparagraph (B) thereof, and ``(ii) in the case of the $2,500 amount in subsection (b)(2)(B), by substituting `calendar year 2000' for `calendar year 1992' in subparagraph (B) of such section 1.''. (c) Rounding.--Section 32(j)(2)(A) of such Code (relating to rounding) is amended by striking ``subsection (b)(2)'' and inserting ``subsection (b)(2)(A) (after being increased under subparagraph (B) thereof)''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. SEC. 5. PRESERVE FAMILY TAX CREDITS FROM THE ALTERNATIVE MINIMUM TAX. (a) In General.--Subsection (a) of section 26 of the Internal Revenue Code of 1986 (relating to limitation based on tax liability; definition of tax liability) is amended to read as follows: ``(a) Limitation Based on Amount of Tax.--The aggregate amount of credits allowed by this subpart for the taxable year shall not exceed the sum of-- ``(1) the taxpayer's regular tax liability for the taxable year reduced by the foreign tax credit allowable under section 27(a), and ``(2) the tax imposed for the taxable year by section 55(a).''. (b) Conforming Amendments.-- (1) Subsection (d) of section 24 of such Code is amended by striking paragraph (2) and by redesignating paragraph (3) as paragraph (2). (2) Section 32 of such Code is amended by striking subsection (h). (3) Section 904 of such Code is amended by striking subsection (h) and by redesignating subsections (i), (j), and (k) as subsections (h), (i), and (j), respectively. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001. SEC. 6. COMPLIANCE WITH BUDGET ACT. (a) In General.--Except as provided in subsection (b), all amendments made by this Act which are in effect on September 30, 2005, shall cease to apply as of the close of September 30, 2005. (b) Sunset for Certain Provisions Absent Subsequent Legislation.-- The amendments made by sections 2, 3, 4, and 5 of this Act shall not apply to any taxable year beginning after December 31, 2004.	(Sec. 2) Amends the Internal Revenue Code to provide that the basic standard deduction for a married couple filing jointly shall be twice the basic standard deduction for an unmarried individual, beginning in 2001. (Sec. 3) Provides that the 15 and 28 percent regular income tax bracket for a married couple filing jointly shall be twice the size of the corresponding bracket for an unmarried individual. Sets forth a graduated phase-in beginning in 2002 and fully effective in 2007. (Sec. 4) Increases the beginning point of the phase-out range of the earned income credit for married couples filing jointly by $2,500, beginning in 2001. (Sec. 5) Revises provisions concerning the allowance of nonrefundable personal tax credits to provide that the aggregate amount of such credits shall not exceed the sum of: (1) the taxpayer's regular tax liability for the taxable year reduced by the foreign tax credit; and (2) the alternative minimum tax. (Sec. 6) Sets forth "Budget Act" compliance provisions (sunset provisions).
SECTION 1. SHORT TITLE. This Act may be cited as the ``Nurse of Tomorrow Act of 2001''. SEC. 2. AMENDMENTS TO PUBLIC HEALTH SERVICE ACT. (a) Nurse Retention and Recruitment.-- (1) In general.--Title VIII of the Public Health Service Act (42 U.S.C. 296 et seq.) is amended by inserting at the end the following: ``PART H--NURSE RETENTION AND RECRUITMENT ``SEC. 851. NURSE RECRUITMENT AND RETENTION GRANTS. ``(a) In General.--The Secretary may award grants to hospitals, nursing facilities, home health agencies, and hospices that are experiencing shortages in nursing personnel to meet the costs of--3. ``(1) providing skills training and career development of nurses to encourage them to work in clinical specialty areas experiencing shortages; ``(2) providing grants to encourage nurses to upgrade their skills to enable them to work in clinical specialty areas experiencing shortages; ``(3) providing tuition reimbursement for nurses who pursue study towards a bachelors degree, masters degree, or PHD in nursing or for other health care workers who pursue associate degrees in nursing; ``(4) providing grants to support externships and internships for student nurses; ``(5) providing grants to train nurses who have not been practicing nursing for a period of at least five years and who make a commitment to work for a multiyear period; and ``(6) creating other nurse retention and recruitment strategies the Secretary deems appropriate. ``(b) Preference.--In awarding grants under this section, the Secretary shall give preference to applicants in financial need as demonstrated by low or negative operating margins.''. (2) Authorization of appropriations.--Section 841 of the Public Health Service Act (42 U.S.C. 297q) is amended by adding at the end the following: ``(f) Part H.--For the purposes of carrying out part H, there are authorized to be appropriated $100,000,000 for fiscal year 2002, and such sums as may be necessary for each of the fiscal years 2003 through 2006.''. (b) Strengthening Capacity for Basic Nurse Education and Practice.-- (1) In general.--Part D of title VIII of the Public Health Service Act (42 U.S.C. 296p et seq.) is amended by inserting at the end the following sections: ``SEC. 832. BASIC NURSE EDUCATION EXPANSION GRANTS. ``(a) In General.--The Secretary may award grants to and enter into contracts with schools of nursing, including single-purpose degree or certificate granting institutions for nursing affiliated with hospitals for the purpose of expanding the number of students provided basic nurse education at such schools. ``(b) Preference.--In awarding grants under this section, the Secretary shall give preference to applicants that-- ``(1) have demonstrated the ability to recruit and create a diverse student body; ``(2) provide remedial education to help students with diverse needs and backgrounds to master the language, reading, math, and computer skills necessary to attain a license; ``(3) provide the Secretary with a plan to recruit nurse aides, licensed practical nurses, and other health care workers; ``(4) provide the Secretary with a plan to build technologically modern classrooms and laboratories to enable students to learn the latest technologies, including medical error reduction technologies; and ``(5) provide the Secretary with a detailed plan to substantially expand the number of students enrolled in the school over a four-year period. ``SEC. 833. NURSE EDUCATION ENCOURAGEMENT GRANTS. ``The Secretary may award grants to State departments of health, State departments of education, collegiate schools of nursing, associate degree schools of nursing, diploma schools of nursing, hospital, home health, hospice, or nursing facility or other professional associations, hospitals, or nursing facilities to enable such entities to work with local school districts to develop programs to encourage secondary school students to choose nursing as a profession.''. (2) Authorization of Appropriations.--Section 841 of the Public Health Service Act (42 U.S.C. 297q), as amended by subsection (a)(2) of this section, is amended-- (A) in subsection (a), by striking ``parts B, C, and D'' and inserting the following: ``parts B and C and section 831 of part D''; and (B) by adding at the end the following subsection: ``(g) Certain Programs Under Part D.--For the purpose of carrying out sections 832 and 833 of part D, there are authorized to be appropriated $100,000,000 for fiscal year 2002, and such sums as may be necessary for each of the fiscal years 2003 through 2006.''. (c) Loan Repayment Program.--Section 846(g) of the Public Health Service Act (42 U.S.C. 297n(g)) is amended by striking ``there are authorized'' and all that follows and inserting the following: ``there is authorized to be appropriated $5,000,000 for each of the fiscal years 2002 through 2006.''. SEC. 3. AMENDMENT TO INTERNAL REVENUE CODE OF 1986. (a) Refundable Credit for Certain Nurses.-- (1) In general.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 35 as section 36 and by inserting after section 34 the following new section: ``SEC. 35. CERTAIN NURSES. ``(a) In General.--In the case of an individual who is an eligible nurse at any time during the taxable year, there shall be allowed as a credit against the tax imposed by this subtitle the amount determined under subsection (b). ``(b) Amount of Credit.-- ``(1) In general.--The amount of credit determined under this subsection for a taxable year is $2,000. ``(2) Partial years.--In the case of an individual who is an eligible nurse for less than an entire taxable year, the amount of credit determined under this subsection is the amount which bears the same ratio to $2,000 as the number of days during the taxable year that the individual is such a nurse bears to 365. ``(c) Eligible Nurse.--For purposes of this section, the term `eligible nurse' means any individual who is employed as a nurse at-- ``(1) a hospital; ``(2) a skilled nursing facility (as defined in section 1819(a) of the Social Security Act); ``(3) a nursing facility (as defined in section 1919(a) of the Social Security Act); ``(4) a home health agency (as defined in section 1861 of the Social Security Act); or ``(5) a hospice program (as defined in section 1861 of the Social Security Act).''. (2) Conforming amendments.-- (A) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting before the period ``, or from section 35 of such Code''. (B) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 35. Certain nurses. ``Sec. 36. Overpayments of tax.''. (3) Effective Date.--The amendments made by this subsection shall apply to taxable years beginning after December 31, 2001. (b) Exclusion From Gross Income of Amounts Received Under Nurse Loan Repayment Program.-- (1) In general.--Section 117 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(e) Certain nurse loan payments under public health service act.--Gross income shall not include any amount received under section 846 of the Public Health Service Act.'' (2) Effective date.--The amendment made by paragraph (1) shall apply to amounts received by an individual in taxable years beginning after December 31, 2001.	Nurse of Tomorrow Act of 2001 - Amends the Public Health Service Act to authorize the Secretary of Health and Human services to make grants for: (1) nurse recruitment and retention; (2) basic nurse education; and (3) nurse education encouragement.Amends the Internal Revenue Code to: (1) provide a refundable tax credit for certain nurses; and (2) exclude from gross income certain amounts received under the nurse loan repayment program.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Nevada Public Land Management Act of 1999''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) Federal holdings in the State of Nevada constitute over 87 percent of the area of the State, and in 10 of the 17 counties the Federal Government controls at least 80 percent of the land; (2) the large amount of federally controlled land in Nevada and the lack of an adequate private land ownership base has had a negative impact on the overall economic development of rural counties and communities and severely degraded the ability of local governments to provide necessary services; (3) under general land laws less than 3 percent of the Federal land in Nevada has moved from Federal control to private ownership in the last 130 years; (4) in resource management plans, the Bureau of Land Management has identified for disposal land that is difficult and costly to manage and that would more appropriately be in non-Federal ownership; (5) implementation of Federal land management plans has been impaired by the lack of necessary funding to provide the needed improvements and the lack of land management programs to accomplish the goals and standards set out in the plans; and (6) the lack of a private land tax base prevents most local governments from providing the appropriate infrastructure to allow timely development of land that is disposed of by the Federal Government for community expansion and economic growth. (b) Purposes.--The purposes of this Act are to provide for-- (1) the orderly disposal and use of certain Federal land in the State of Nevada that was not included in the Southern Nevada Public Land Management Act of 1998 (Public Law 105-263; 112 Stat. 2343); (2) the acquisition of environmentally sensitive land in the State; and (3) the implementation of projects and activities in the State to protect or restore important environmental and cultural resources. SEC. 3. DEFINITIONS. In this Act: (1) Current land use plan.--The term ``current land use plan'', with respect to an administrative unit of the Bureau of Land Management, means the management framework plan or resource management plan applicable to the unit that was approved most recently before the date of enactment of this Act. (2) Environmentally sensitive land.--The term ``environmentally sensitive land'' means land or an interest in land, the acquisition of which the United States would, in the judgment of the Secretary or the Secretary of Agriculture-- (A) promote the preservation of natural, scientific, aesthetic, historical, cultural, watershed, wildlife, or other values that contribute to public enjoyment or biological diversity; (B) enhance recreational opportunities or public access; (C) provide the opportunity to achieve better management of public land through consolidation of Federal ownership; or (D) otherwise serve the public interest. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) Special account.--The term ``Special Account'' means the account established by section 6. (5) State.--The term ``State'' means the State of Nevada. (6) Unit of local government.--The term ``unit of local government'' means the elected governing body of each city and county in the State except the cities of Las Vegas, Henderson, and North Las Vegas. SEC. 4. DISPOSAL AND EXCHANGE. (a) Disposal.--In accordance with this Act, the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), and other applicable law and subject to valid existing rights, the Secretary may dispose of public land under current land use plans maintained under section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713), other than land that is identified for disposal under the Southern Nevada Public Land Management Act of 1998 (Public Law 105-263; 112 Stat. 2343). (b) Recreation and Public Purpose Conveyances.-- (1) In general.--Not less than 30 days before offering land for sale or exchange under subsection (a), the State or the unit of local government in the jurisdiction of which the land is located may elect to obtain the land for local public purposes under the Act entitled ``An Act to authorize acquisition or use of public lands by States, counties, or municipalities for recreational purposes'', approved June 14, 1926 (commonly known as the ``Recreation and Public Purposes Act'') (43 U.S.C. 869 et seq.). (2) Retention by secretary.--If the State or unit of local government elects to obtain the land, the Secretary shall retain the land for conveyance to the State or unit of local government in accordance with that Act. (c) Withdrawal.--Subject to valid existing rights, all Federal land selected for disposal under subsection (d)(1) is withdrawn from location and entry under the mining laws and from operation under the mineral leasing and geothermal leasing laws until the Secretary terminates the withdrawal or the land is patented. (d) Selection.-- (1) In general.--The Secretary, the unit of local government that has jurisdiction over land identified for disposal under subsection (a), and the State shall jointly select land to be offered for sale or exchange under this section. (2) Coordination.--The Secretary shall coordinate land disposal activities with the unit of local government under the jurisdiction of which the land is located. (3) Local land use planning and zoning requirements.--The Secretary shall dispose of land under this section in a manner that is consistent with local land use planning and zoning requirements and recommendations. (e) Sales Offering, Price, Procedures, and Prohibitions.-- (1) Offering.--The Secretary shall make the first offering of land as soon as practicable after land has been selected under subsection (d). (2) Sale price.-- (A) In general.--The Secretary shall make all sales of land under this section at a price that is not less than the fair market value of the land, as determined by the Secretary. (B) Affordable housing.--Subparagraph (A) does not affect the authority of the Secretary to make land available at less than fair market value for affordable housing purposes under section 7(b) of the Southern Nevada Public Land Management Act of 1998 (Public Law 105-263; 112 Stat. 2349). (3) Competitive bidding.-- (A) In general.--The sale of public land selected under subsection (d) shall be conducted in accordance with sections 203 and 209 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713, 1719). (B) Exceptions.--The exceptions to competitive bidding requirements under section 203(f) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713(f)) shall apply to sales under this Act in cases in which the Secretary determines that application of an exception is necessary and proper. (C) Notice of competitive bidding procedures.--The Secretary shall also ensure adequate notice of competitive bidding procedures to-- (i) owners of land adjoining the land proposed for sale; (ii) local governments in the vicinity of the land proposed for sale; and (iii) the State. (4) Prohibitions.--A sale of a tract of land selected under subsection (d) shall not be undertaken if the Federal costs of sale preparation and processing are estimated to exceed the proceeds of the sale. (f) Disposition of Proceeds.-- (1) Land sales.--Of the gross proceeds of sales of land under this section during a fiscal year-- (A) 5 percent shall be paid to the State for use in the general education program of the State; (B) 45 percent shall be paid directly to the local unit of government in the jurisdiction of which the land is located for use as determined by the unit of local government, with consideration given to use for support of health care delivery, law enforcement, and schools; and (C) 50 percent shall be deposited in the Special Account. (2) Land exchanges.-- (A) In general.--In a land exchange under this section, the non-Federal party shall provide direct payment to the unit of local government in the jurisdiction of which the land is located in an amount equal to 15 percent of the fair market value of the Federal land conveyed in the exchange. (B) Treatment of payments as cost incurred.--If any agreement to initiate the exchange so provides, a payment under subparagraph (A) shall be considered to be a cost incurred by the non-Federal party that shall be compensated by the Secretary. (C) Pending exchanges.--This Act, other than subsections (a) and (b) and this subsection, shall not apply to any land exchange for which an initial agreement to initiate an exchange was signed by an authorized representative of the exchange proponent and an authorized officer of the Bureau of Land Management before the date of enactment of this Act. (g) Additional Disposal Land.--Public land identified for disposal in the State under a replacement of or amendment to a current land use plan shall be subject to this Act. SEC. 5. ACQUISITION OF ENVIRONMENTALLY SENSITIVE LAND. (a) In General.--After consultation in accordance with subsection (c), the Secretary may use funds in the Special Account and any other funds that are made available by law to acquire environmentally sensitive land and interests in environmentally sensitive land. (b) Consent.--The Secretary may acquire environmentally sensitive land under this section only from willing sellers. (c) Permission.-- (1) In general.--Before initiating efforts to acquire environmentally sensitive land under this section, the Secretary or the Secretary of Agriculture shall consult and obtain consent from the State and units of local government under the jurisdiction of which the environmentally sensitive land is located (including appropriate planning and regulatory agencies) before they can acquire the land. (2) Information.--The Secretary or Secretary of Agriculture shall provide the State and units of local government with the following: (A) An explanation of why the acquisition is necessary. (B) An analysis of the potential impact of the acquisition on State and local government. (C) Information regarding other appropriate aspects of the acquisition. (d) Administration.--On acceptance of title by the United States, any environmentally sensitive land or interest in environmentally sensitive land acquired under this section that is within the boundaries of a unit of the National Forest System, the National Park System, the National Wildlife Refuge System, the National Wild and Scenic Rivers System, the National Trails System, the National Wilderness Preservation System, any other system established by law, or any national conservation or recreation area established by law-- (1) shall become part of the unit or area without further action by the Secretary or Secretary of Agriculture; and (2) shall be managed in accordance with all laws (including regulations) and land use plans applicable to the unit or area. (e) Fair Market Value.--The fair market value of environmentally sensitive land or an interest in environmentally sensitive land to be acquired by the Secretary or the Secretary of Agriculture under this section shall be determined-- (1) under section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1711) and other applicable requirements and standards; and (2) without regard to the presence of a species listed as a threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (f) Payments in Lieu of Taxes.--Section 6901(1) of title 31, United States Code, is amended-- (1) in subparagraph (G), by striking ``or'' at the end; (2) in subparagraph (H), by striking the period at the end and inserting ``; or ''; and (3) by adding at the end the following: ``(I) acquired by the Secretary of the Interior or the Secretary of Agriculture under section 5 of the Nevada Public Land Management Act of 1999 that is not otherwise described in subparagraphs (A) through (G).''. SEC. 6. SPECIAL ACCOUNT. (a) Establishment.--There is established in the Treasury of the United States a separate account to be used in carrying out this Act. (b) Contents.--The Special Account shall consist of-- (1) amounts deposited in the Special Account under section 4(f)(1)(B); (2) donations to the Special Account; and (3) appropriations to the Special Account. (c) Use.-- (1) In general.--Amounts in the Special Account shall be available to the Secretary until expended, without further Act of appropriation, to pay-- (A) subject to paragraph (2), costs incurred by the Bureau of Land Management in arranging sales or exchanges under this Act, including the costs of land boundary surveys, compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), appraisals, environmental and cultural clearances, and public notice; (B) the cost of acquisition of environmentally sensitive land or interest in such land in the State; (C) the cost of carrying out any necessary revision or amendment of a current land use plan of the Bureau of Land Management that relates to land sold, exchanged, or acquired under this Act; (D) the cost of projects or programs to restore or protect wetlands, riparian areas, or cultural, historic, prehistoric, or paleontological resources, including petroglyphs; (E) the cost of projects, programs, or land acquisition to stabilize or restore water quality and lake levels in Walker Lake; and (F) related costs determined by the Secretary. (2) Limitations.-- (A) Costs in arranging sales or exchanges.--Costs charged against the Special Account for the purposes described in paragraph (1)(A) shall not exceed the minimum amount practicable in view of the fair market value of the Federal land to be sold or exchanged. (B) Acquisition.--Not more than 50 percent of the amounts deposited in the Special Account in any fiscal year may be used in that fiscal year or any subsequent fiscal year for the purpose described in paragraph (1)(B). (3) Plan revisions and amendments.--The process of revising or amending a land use plan shall not cause delay or postponement in the implementation of this Act. (d) Interest.--All funds deposited in the Special Account shall earn interest in the amount determined by the Secretary of the Treasury on the basis of the current average market yield on outstanding marketable obligations of the United States of comparable maturities. Such interest shall be added to the principal of the account and expended in accordance with subsection 6(c). (e) Coordination.--The Secretary shall coordinate the use of the Special Account with the Secretary of Agriculture, the State, and units of local government in which land or an interest in land may be acquired, to ensure accountability and demonstrated results. (f) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section. SEC. 7. REPORT. The Secretary, in cooperation with the Secretary of Agriculture, shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a biennial report that describes each transaction that is carried out under this Act.	Nevada Public Land Management Act of 1999 - Authorizes the Secretary of the Interior to dispose of public land in the State of Nevada under specified current land use plans other than land identified under the Southern Nevada Public Land Management Act of 1998. Authorizes the State or local governments in the jurisdiction of which the land is located to obtain the land for local public purposes prior to the offering of such land for sale or exchange. Requires the Secretary to retain such land for conveyance to the State or a local government if such entities elect to obtain the land. Withdraws Federal land selected for disposal, subject to valid existing rights, from location and entry under the mining laws and from operation under the mineral and geothermal leasing laws until the Secretary terminates the withdrawal or the land is patented. Requires the Secretary, the local government that has jurisdiction over land identified for disposal, and the State to select land to be offered for sale or exchange. Sets forth requirements for sales, including those for competitive bidding. Bars the sale of a tract of land if the Federal costs of sale preparation and processing are estimated to exceed sale proceeds. Allocates the gross proceeds of land sales during a fiscal year as follows: (1) five percent to the State for the general education program; (2) 45 percent to the local government for use as determined by such government; and (3) 50 percent to the Special Account established by this Act. Sets forth requirements for land exchanges. Authorizes the Secretary, subject to certain consultation requirements, to use funds to acquire environmentally sensitive land and interests in such land. Permits such acquisitions only from willing sellers and with the consent of the State and local governments with jurisdiction. Defines "environmentally sensitive land" as land that would: (1) promote the preservation of specified values that contribute to public enjoyment or biological diversity; (2) enhance recreational opportunities or public access; (3) provide the opportunity to achieve better management of public land through consolidation of Federal ownership; or (4) otherwise serve the public interest. Includes such lands in the definition of "entitlement land" for purposes of Federal provisions governing payment for entitlement land. Establishes a Special Account in the Treasury to carry out this Act. Authorizes appropriations.
SECTION 1. INCREASE IN LIMITATION ON 1-TIME EXCLUSION OF GAIN FROM SALE OF PRINCIPAL RESIDENCE. (a) General Rule.--Paragraph (1) of section 121(b) of the Internal Revenue Code of 1986 (relating to dollar limitation) is amended by striking ``$125,000 ($62,500'' and inserting ``$186,000 ($93,000''. (b) Cost-of-Living Adjustments.--Subsection (b) of section 121 of such Code is amended by adding at the end thereof the following new paragraph: ``(4) Cost-of-living adjustments.--In the case of any taxable year beginning in a calendar year after 1993, each dollar amount set forth in paragraph (1) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting `calendar year 1992' for `calendar year 1989' in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $1,000.'' (c) Effective Date.--The amendments made by this section shall apply to any sale or exchange after December 31, 1992. SEC. 2. INCREASE IN UNIFIED ESTATE AND GIFT TAX CREDITS. (a) Estate Tax Credit.-- (1) Subsection (a) of section 2010 of the Internal Revenue Code of 1986 (relating to unified credit against estate tax) is amended by striking ``$193,500'' and inserting ``the applicable credit amount''. (2) Section 2010 of such Code is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: ``(c) Applicable Credit Amount.--For purposes of this section-- ``(1) In general.--The applicable credit amount is the amount of the tentative tax which would be determined under the rate schedule set forth in section 2001(c) if the amount with respect to which such tentative tax is to be computed were $770,000. ``(2) Cost-of-living adjustments.--In the case of any decedent dying in a calendar year after 1993, the $770,000 amount set forth in paragraph (1) shall be increased by an amount equal to-- ``(A) $770,000, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting `calendar year 1992' for `calendar year 1989' in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $1,000.'' (3) Paragraph (1) of section 6018(a) of such Code is amended by striking ``$600,000'' and inserting ``$770,000 (adjusted as provided in section 2010(c)(2))''. (b) Unified Gift Tax Credit.--Paragraph (1) of section 2505(a) of such Code is amended by striking ``$193,500'' and inserting ``the applicable credit amount in effect under section 2010(c) for such calendar year''. (c) Effective Date.--The amendments made by this section shall apply to the estates of decedents dying, and gifts made, after December 31, 1992. SEC. 3. REDUCTION IN CAPITAL GAINS TAX FOR INDIVIDUALS. (a) General Rule.--Part I of subchapter P of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end thereof the following new section: ``SEC. 1202. DEDUCTION FOR CAPITAL GAINS. ``(a) General Rule.--If, for any taxable year, a taxpayer other than a corporation has a net capital gain, an amount equal to 50 percent of the net capital gain shall be allowed as a deduction. ``(b) Estates and Trusts.--In the case of an estate or trust, the deduction under subsection (a) shall be computed by excluding the portion (if any) of the gains for the taxable year from sales or exchanges of capital assets which, under sections 652 and 662 (relating to inclusions of amounts in gross income of beneficiaries of trusts), is includible by the income beneficiaries as gain derived from the sale or exchange of capital assets.'' (b) Minimum Tax.--Section 56(b) of such Code is amended by adding at the end thereof the following new paragraph: ``(4) Capital gains deduction disallowance.--The deduction under section 1202 shall not be allowed.'' (c) Conforming Amendments.-- (1) Subsection (h) of section 1 of such Code is hereby repealed. (2) Section 62(a) of such Code is amended by inserting after paragraph (13) the following new paragraph: ``(14) Capital gains deduction.--The deduction allowed by section 1202.'' (3) Clause (ii) of section 163(d)(4)(B) of such Code is amended by inserting ``, reduced by the amount of any deduction allowable under section 1202 attributable to gain from such property'' after ``investment''. (4) Section 170(e)(1)(B) of such Code is amended by inserting ``(or, in the case of a taxpayer other than a corporation, 50 percent of the amount of gain)'' after ``the amount of gain''. (5)(A) Section 172(d)(2) of such Code is amended to read as follows: ``(2) Capital gains and losses of taxpayers other than corporations.--In the case of a taxpayer other than a corporation-- ``(A) the amount deductible on account of losses from sales or exchanges of capital assets shall not exceed the amount includible on account of gains from sales or exchanges of capital assets; and ``(B) the deduction provided by section 1202 shall not be allowed.'' (B) Subparagraph (B) of section 172(d)(4) of such Code is amended by inserting ``, (2)(B),'' after ``paragraph (1)''. (6)(A) Section 221 of such Code is amended to read as follows: ``SEC. 221. CROSS REFERENCES. ``(1) For deduction for net capital gain, see section 1202. ``(2) For deductions in respect of a decedent, see section 691.'' (B) The table of sections for part VII of subchapter B of chapter 1 is amended by striking ``reference'' in the item relating to section 221 and inserting ``references''. (7) Paragraph (4) of section 642(c) of such Code is amended to read as follows: ``(4) Adjustments.--To the extent that the amount otherwise allowable as a deduction under this subsection consists of gain from the sale or exchange of capital assets held for more than 1 year, proper adjustment shall be made for any deduction allowable to the estate or trust under section 1202 (relating to deduction for net capital gain). In the case of a trust, the deduction allowed by this subsection shall be subject to section 681 (relating to unrelated business income).'' (8) Paragraph (3) of section 643(a) of such Code is amended by adding at the end thereof the following new sentence: ``The deduction under section 1202 (relating to deduction for net capital gain) shall not be taken into account.''. (9) Paragraph (6)(C) of section 643(a) of such Code is amended-- (A) by inserting ``(i)'' before ``there'', and (B) by inserting ``, and (ii) the deduction under section 1202 (relating to deduction for excess of capital gains over capital losses)'' before the period at the end thereof. (10) Paragraph (4) of section 691(c) of such Code is amended by striking ``1(h), 1201'' and inserting ``1201, 1202,''. (11) The second sentence of paragraph (2) of section 871(a) of such Code is amended by inserting ``such gains and losses shall be determined without regard to section 1202 (relating to deduction for net capital gain) and'' after ``except that''. (12)(A) Subparagraph (B) of section 904(b)(2) of such Code is amended by striking so much of such subparagraph as precedes clause (i) and inserting the following: ``(B) Special rules where corporate capital rate gain differential.--In the case of a corporation, for any taxable year for which there is a capital gain rate differential--''. (B) Subparagraphs (D) and (E) of section 904(b)(3) of such Code are amended to read as follows: ``(D) Capital gain rate differential.--There is a capital gain rate differential for any taxable year if any rate of tax imposed by section 11, 511, or 831(a) or (b) (whichever applies) exceeds the alternative rate of tax under section 1201(a) (determined without regard to the last sentence of section 11(b)(1)). ``(E) Rate differential portion.--The rate differential portion of foreign source net capital gain, net capital, or the excess of net capital gain from sources within the United States over net capital gain, as the case maybe, is the same proportion of such amount as-- ``(i) the excess of the highest rate of tax specified in section 11(b)(1) over the alternative rate of tax under section 1201(a), bears to ``(ii) the highest rate of tax specified in section 11(b)(1).'' (13) Section 1402(i)(1) of such Code is amended to read as follows: ``(1) In general.--In determining the net earnings from self-employment of any options dealer or commodities dealer-- ``(A) notwithstanding subsection (a)(3)(A), there shall not be excluded any gain or loss (in the normal course of the taxpayer's activity of dealing in or trading section 1256 contracts) from section 1256 contracts or property related to such contracts, and ``(B) the deduction provided by section 1202 shall not apply.'' (d) Clerical Amendment.--The table of sections for part I of subchapter P of chapter 1 of such Code is amended by adding at the end thereof the following new item: ``Sec. 1202. Deduction for capital gains.'' (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.	Amends the Internal Revenue Code to increase the limitation on the one-time exclusion of gain from the sale of a principal residence by an individual who has attained age 55 and provide a cost-of-living adjustment for such amount. Increases the unified credit against the estate tax and the unified credit against the gift tax and provides a cost-of-living adjustment for such credits. Reduces the capital gains tax for a taxpayer other than a corporation by allowing the deduction of 50 percent of the net capital gain. Provides for computing such deduction for estates and trusts. Disallows such deduction against the minimum tax.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Land Asset Inventory Reform Act of 2011''. SEC. 2. DEFINITIONS. In this Act: (1) Cadastre.-- (A) In general.--The term ``cadastre'' means-- (i) an inventory of Federal land developed through collecting, storing, retrieving, or disseminating graphical or digital data depicting natural or manmade physical features, phenomena, or boundaries of the earth; and (ii) any information relating to the features, phenomena, or boundaries, including surveys, maps, charts, satellite and airborne remote sensing data, images, and services, with services performed by professionals, such as surveyors, photogrammetrists, hydrographers, geodesists, cartographers, and other such services of an architectural or engineering nature. (B) Inclusions.--The term ``cadastre'' includes the following data layers: (i) A reference frame consisting of a geodetic network. (ii) A series of current, accurate large scale maps. (iii) A cadastral boundary overlay delineating all cadastral parcels. (iv) A system for indexing and identifying each cadastral parcel. (v) A series of land data files that-- (I) include the parcel identifier, which can be used to retrieve information and cross reference between and among other data files; (II) contains information about the use, value, assets, and infrastructure of each parcel; and (III) designate any parcels that the Secretary determines can be better managed through ownership by a non- Federal entity, including State government, units of local government, Tribal government, nonprofit organizations, or the private sector. (2) Federal land.--The term ``Federal land'' means land under the jurisdiction of the Federal Government, including-- (A) buildings, crops, forests, or other resources attached to, or within, the land; (B) improvements or fixtures permanently attached to the land or a structure on the land; and (C) any interest, benefit, right, or privilege in and to the land. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. CADASTRE OF FEDERAL LAND. (a) In General.--The Secretary shall develop a multipurpose cadastre of Federal land to assist with-- (1) Federal land management; (2) resource conservation; (3) environmental protection; and (4) the use of Federal land. (b) Cost-Sharing Agreements.-- (1) In general.--The Secretary may enter into a cost- sharing agreement with a State to include in the cadastre any non-Federal land in the State. (2) Federal share.--The Federal share of any cost-sharing agreement entered into under paragraph (1) shall not exceed 50 percent of the total cost to the State for including in the cadastre the non-Federal land in the State. (c) Consolidation and Report.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes-- (1)(A) any existing land inventories or components of a cadastre authorized by Federal law or conducted by the Department of the Interior; (B) the statutory authorization for the inventories or components described in subparagraph (A); and (C) the amount expended by the Federal Government for fiscal year 2010 with respect to the inventories or components described in subparagraph (A); (2) any inventories or components described in paragraph (1)(A) that would be eliminated or consolidated into the cadastre authorized under this Act; (3)(A) any inventories or components described in paragraph (1)(A) that would not be eliminated or consolidated into the multipurpose cadastre authorized by this Act; (B) the reason for not terminating or consolidating those inventories or components into the multipurpose cadastre; (4) the use of existing land inventories or any components of a cadastre being conducted by any State or unit of local government that can be used to identify Federal land within the State or unit of local government; (5) the cost-savings that would be achieved by eliminating or consolidating duplicative or unneeded land inventories or components described in paragraph (1)(A) that would become part of the multipurpose cadastre authorized by this Act; and (6) recommendations for any legislation necessary to increase the cost-savings and enhance the effectiveness and efficiency of replacing, eliminating, or consolidating inventories or components described in paragraph (1)(A). (d) Coordination.-- (1) In general.--In carrying out this section, the Secretary shall-- (A) in accordance with section 216 of the E- Government Act of 2002 (44 U.S.C. 3501 note; Public Law 107-347), participate in the establishment of any standards and common protocols as are necessary to ensure the interoperability of geospatial information pertaining to the cadastre for all users of the information; (B) coordinate with, seek the assistance and cooperation of, and provide liaisons to, the Federal Geographic Data Committee in accordance with Office of Management and Budget Circular A-16 and Executive Order 12906 (43 U.S.C. 1457 note; relating to coordinating geographic data acquisition and access: the national spatial data infrastructure) for the implementation of, and compliance with, any standards that may be applicable to the cadastre; (C) make the cadastre interoperable with the Federal Real Property Profile established under Executive Order 13327 (40 U.S.C. 121 note; relating to Federal real property asset management); (D) integrate with, and leverage, to the maximum extent practicable, cadastre activities of States and units of local government; and (E) use contracts with the private sector, to the maximum extent practicable, to provide any products and services that are necessary to develop the cadastre. (2) Contracts considered surveying and mapping.--Any contract entered into under paragraph (1)(E) shall be considered to be surveying and mapping services, as those terms are used in subtitle I of title 40, United States Code.	Federal Land Asset Inventory Reform Act of 2011 - Directs the Secretary of the Interior to develop a multipurpose cadastre (an inventory) of federal land to assist with federal land management, resource conservation, environmental protection, and use of such land. Authorizes the Secretary to enter into cost-sharing agreements with states to include any non-federal land in a state in such cadastre. Limits the federal share of any such agreement to 50% of the total cost to a state for including in the cadastre the non-federal land in the state. Requires the Secretary to submit a report describing: (1) any existing land inventories or components of a cadastre, (2) the consolidation of any inventories or components, (3) the use of existing inventories or components of a cadastre, (4) the cost-savings that would be achieved, and (5) recommendations for legislation.
SECTION 1. SHORT TITLE. This Act may be cited as the ``State Hunger Assistance in Response to Emergency Act of 2001''. SEC. 2. FINDINGS. Congress finds that-- (1) the Secretary of Agriculture conducts an annual report that measures food security and hunger by State; and (2) many households that are eligible to receive food stamps under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.) do not know that the households are eligible to receive food stamps. SEC. 3. FUNDING FOR FOOD STAMP INFORMATIONAL ACTIVITIES BY STATES WITH GREATEST RATE OF HUNGER. Section 16 of the Food Stamp Act of 1977 (7 U.S.C. 2025) is amended-- (1) in subsection (a), by striking ``subsection (k)'' and inserting ``subsections (k) and (l)''; and (2) by adding at the end the following: ``(l) Funding for Food Stamp Informational Activities by States With Greatest Rate of Hunger.-- ``(1) Designation of states.-- ``(A) In general.--For each of fiscal years 2001 through 2005, the Secretary-- ``(i) shall designate the 10 States that have the greatest rate of hunger, as determined on the basis of the most recent report that measures food security and hunger by State prepared by the Secretary for which data are available; and ``(ii) may designate not more than 5 additional States if the Secretary determines, on the basis of a proposal submitted by a State, that the State will carry out a demonstration project to carry out food stamp informational activities under this paragraph that uses innovative approaches that have national significance. ``(B) Notification of states.--As soon as practicable after designation of a State under subparagraph (A), the Secretary shall notify the State agency of the State that the State agency is eligible to receive payments for administrative costs incurred in carrying out food stamp informational activities in accordance with paragraph (2). ``(C) Acceptance by states.--If a State agency of a State notified under subparagraph (B) elects to carry out food stamp informational activities in exchange for payments under paragraph (2), not later than 90 days after the date of notification by the Secretary, the State agency shall-- ``(i) notify the Secretary that the State agency will carry out food stamp informational activities in exchange for the payments; and ``(ii) provide to the Secretary a summary describing the manner in which-- ``(I) the payments will be used; ``(II) the outcomes of the activities will be measured; and ``(III) any other eligibility criteria established by the Secretary for payments under paragraph (2) will be met. ``(2) Payments.-- ``(A) In general.--Subject to subparagraph (B), if the State agency of a State elects to carry out food stamp informational activities under paragraph (1), subject to subparagraphs (B) through (E), the Secretary shall pay the State agency of the State 100 percent of the administrative costs incurred by the State agency in carrying out food stamp informational activities, including activities under section 11(e)(1)(A) and outreach activities. ``(B) Eligibility.--A State agency shall be eligible for payments under subparagraph (A) for only 1 period of 3 fiscal years. ``(C) State administrative costs.--The amount of administrative costs for which the State agency of a State may receive payments for a fiscal year under subparagraph (A) shall not exceed such amount as the Secretary determines is reasonable, as determined on the basis of-- ``(i) the population of the State; ``(ii) the rate of hunger in the State; ``(iii) the number of households that are eligible to participate in the food stamp program but are not participating in the program; and ``(iv) other factors determined by the Secretary. ``(D) Maximum payment.--The amount of payments made to the State agency of a State for a fiscal year under subparagraph (A) shall not exceed $1,000,000. ``(E) Maintenance of effort.--The expenditure of funds by the State agency of a State for the maintenance of food stamp informational activities described in subparagraph (A) shall not be diminished as a result of payments made available under this paragraph. ``(3) Report.--Not later than 1 year after the end of the third fiscal year for which the State agency of a State receives payments under paragraph (2), the State agency shall submit to the Secretary a brief report that measures the outcomes of food stamp informational activities described in paragraph (2) carried out by the State agency during the preceding 3 fiscal years.''.	State Hunger Assistance in Response to Emergency Act of 2001 - Amends the Food Stamp Act of 1977 to provide funding for food stamp informational activities by States with the greatest rate of hunger.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Tampering of Prescription Pills Act of 2012''. SEC. 2. TAMPER-RESISTANT TECHNOLOGY. (a) Definition.--Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the following: ``(ss) The term `tamper-resistant drug' means a drug that-- ``(1) contains as an active moiety a controlled substance that has been classified as opium, an opiate, or a derivative thereof, as such terms are defined or used in section 102 of the Controlled Substances Act; ``(2) has been formulated for oral administration; and ``(3)(A) exhibits physicochemical properties (demonstrated by in vitro, in vivo, or other testing, or some combination thereof, as determined appropriate by the Secretary) that make product manipulation significantly more difficult or ineffective in altering the characteristics of the drug for purposes of misuse or abuse when compared to drugs without such properties; or ``(B) contains one or more additional active or inactive ingredients that are intended to deter abuse through potential pharmacological effects, the effectiveness of which has been demonstrated by at least one adequate and well-controlled investigation.''. (b) Required Information in Application for Approval of Brand Name Drugs.--Section 505(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)) is amended by adding at the end the following: ``(7) Tamper-resistant drugs.--If an application submitted under this subsection is potentially subject to refusal under subsection (d)(7), the application shall include such information as the Secretary determines necessary to demonstrate that the application is not subject to such refusal.''. (c) Approval of New Brand Name Drugs.--Section 505(d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(d)) is amended-- (1) by inserting ``(7)(A) such drug has been formulated for oral administration; (B) such drug contains as an active moiety a controlled substance that has been classified as opium, an opiate, or a derivative thereof, as such terms are defined or used in section 102 of the Controlled Substances Act; (C) such drug is not a tamper-resistant drug; and (D) the Secretary has previously approved pursuant to an application submitted under subsection (b) or (j) a drug that (i) contains the same active moiety; (ii) is a tamper-resistant drug, and (iii) has not been discontinued from marketing; or'' after ``(6) the application failed to contain the patent information prescribed by subsection (b); or''; (2) by striking ``(7) based on fair'' and inserting ``(8) based on fair''; (3) by striking ``clauses (1) through (6)'' and inserting ``paragraphs (1) through (7)''; and (4) by inserting ``The Secretary may issue an order approving an application, even if paragraph (7) applies, upon a finding that paragraphs (1) through (6) and paragraph (8) do not apply and that such approval is necessary either to prevent or alleviate a drug shortage or to otherwise address a significant unmet public health need.'' before ``As used in this subsection and subsection (e)''. (d) Generic Drugs.--Section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) is amended-- (1) in paragraph (2)-- (A) subparagraph (A)-- (i) in clause (vii), by striking ``and'' at the end; (ii) in clause (viii), by striking the period at the end and inserting ``; and''; (iii) by inserting after clause (viii) the following: ``(ix) if the listed drug is a tamper-resistant drug due to its physicochemical properties, information from comparative in vitro, in vivo, or other testing, or some combination thereof, as appropriate based on the type of data submitted for the listed drug, that demonstrates the new drug resists manipulation or the effect of manipulation to a degree at least comparable to the listed drug.''; and (iv) in the continuation text at the end of the subparagraph, by striking ``clauses (i) through (viii)'' and inserting ``clauses (i) through (ix)''; (B) in subparagraph (C)-- (i) in clause (i), by striking ``or'' at the end; (ii) in clause (ii), by striking the period at the end and inserting ``; or''; and (iii) by adding at the end the following: ``(iii) that the listed drug is a tamper-resistant drug and one or more of the new drug's active moieties differ in any material respect (in amount or otherwise) from those of the listed drug.''; (2) in paragraph (5), by adding at the end the following: ``(G) If a drug has been approved pursuant to an application submitted under paragraph (2), and thereafter the listed drug referred to in the application becomes a tamper-resistant drug, the drug so approved shall not be considered to be bioequivalent to, or to have the same therapeutic effect as, the listed drug (as described in paragraph (2)(A)(iv)) unless and until the drug so approved has been found by the Secretary to meet the requirements of paragraph (2)(A)(ix).''; and (3) in paragraph (6)-- (A) by striking ``(6) If a drug'' and inserting ``(6)(A) If a drug''; (B) by striking ``(A) for the'' and inserting ``(i) for the''; (C) by striking ``(B) if the'' and inserting ``(ii) if the''; and (D) by adding at the end the following: ``(B) For purposes of this paragraph and paragraph (7)(C), a withdrawal or suspension of a drug formulated for oral administration shall be considered to have been for safety or effectiveness reasons if-- ``(i) the approval of a listed drug, which is not a tamper- resistant drug, is withdrawn or suspended, or a listed drug, which is not a tamper-resistant drug, is withdrawn from sale; and ``(ii) the Secretary has previously approved pursuant to an application under subsection (b) a drug that-- ``(I) is in the same dosage form; ``(II) contains the same controlled substance as an active moiety; ``(III) is a tamper-resistant drug; and ``(IV) has not been discontinued from marketing.''. (e) Withdrawal of Previously Approved Brand Name and Generic Drugs.--Section 505(e) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(e)) is amended-- (1) by inserting ``or (6)(A) the drug contains as an active moiety a controlled substance that has been classified as opium, an opiate, or a derivative thereof, as such terms are defined or used in section 102 of the Controlled Substances Act; (B) the drug is formulated for oral administration; (C) the drug is not a tamper-resistant drug; and (D) the Secretary has previously approved pursuant to an application submitted under subsection (b) or (j) a drug that contains the same active moiety, is a tamper-resistant drug, and has not been discontinued from marketing'' before ``: Provided,''; and (2) by adding at the end the following: ``The Secretary may waive the application of paragraph (6) of the first sentence of this subsection in the case of a drug intended for use in a special needs population. In withdrawing (under paragraph (6) of the first sentence of this subsection) the approval of an application with respect to any drug, the Secretary shall, on a case-by-case basis, delay the effective date of such withdrawal for a period deemed sufficient by the Secretary to give the sponsor an opportunity to obtain approval under this section for a formulation of the drug meeting the criteria described in paragraph (2) of the definition of a `tamper-resistant drug' in section 201(ss).''. (f) Listed Drugs.--Section 505(j)(7) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(7)) is amended by adding at the end the following: ``(D) Beginning 60 days after the date of the enactment of the Stop Tampering of Prescription Pills Act of 2012, the Secretary shall-- ``(i) include in the list under subparagraph (A) a list of each drug or category of drugs which the Secretary has found to be tamper-resistant drugs; and ``(ii) update the list under subparagraph (A)-- ``(I) to remove from the list of tamper-resistant drugs any drug the Secretary later determines is not a tamper-resistant drug; and ``(II) as required by subparagraph (C) to reflect the application of paragraph (6)(B) to drugs that are withdrawn or suspended.''.	Stop Tampering of Prescription Pills Act of 2012 - Amends the Federal Food, Drug, and Cosmetic Act to prescribe new drug application requirements for tamper-resistant drugs: (1) containing as an active moiety (the part of the drug that makes it work the way it does) a controlled substance classified as opium, an opiate, or a derivative; (2) formulated for oral administration; (3) exhibiting physicochemical properties making them significantly more difficult or ineffective in altering the drug's characteristics for purposes of misuse or abuse; and (4) containing one or more additional ingredients intended to deter abuse through potential pharmacological effects. Requires the Secretary to refuse a new drug application for any new (brand name) drug containing opium, an opiate, or a derivative as an active moiety that is not tamper-resistant if a tamper-resistant drug containing the same active moiety has been approved and has not been discontinued from marketing. Authorizes the Secretary to approve an application failing to meet such requirements, however, if approval is necessary to prevent or alleviate a drug shortage or otherwise address a significant unmet public health need. Requires an abbreviated new (generic) drug application for a tamper-resistant drug to include testing information demonstrating that the generic drug resists manipulation or the effect of manipulation to a degree at least comparable to the listed drug. Authorizes the Secretary to deny approval of a generic application if the listed drug is tamper-resistant and one or more of the generic drug's active moieties differ in any material respect from those of the listed drug. Declares that an approved generic drug shall not be considered bioequivalent to, or as having the same therapeutic effect as, a listed drug if the listed drug becomes tamper-resistant unless and until the generic drug demonstrates that it resists manipulation or the effect of manipulation to a degree at least comparable to the listed drug. Prescribes requirements governing when a drug which is not tamper-resistant may have its approval withdrawn or suspended.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Oversight of Vital Emergency Recovery Spending Enhancement and Enforcement Act of 2005''. SEC. 2. DEFINITIONS. (a) Chief Financial Officer.--The term ``Chief Financial Officer'' means the Hurricane Katrina Recovery Chief Financial Officer. (b) Office.--The term ``Office'' means the Office of the Hurricane Katrina Recovery Chief Financial Officer. SEC. 3. ESTABLISHMENT AND FUNCTIONS. (a) Establishment.--There is established within the Executive Office of the President, the Office of the Hurricane Katrina Recovery Chief Financial Officer. (b) Chief Financial Officer.-- (1) Appointment.--The Hurricane Katrina Recovery Chief Financial Officer shall be the head of the Office. The Chief Financial Officer shall be appointed by the President, by and with the advice and consent of the Senate. (2) Qualifications.--The Chief Financial Officer shall have the qualifications required under section 901(a)(3) of title 31, United States Code. (c) Functions.-- (1) In general.--The Chief Financial Officer shall-- (A) be responsible for the efficient and effective use of Federal funds in all activities relating to the recovery from Hurricane Katrina; (B) have all authorities and perform all functions of a Chief Financial Officer under section 902 of title 31, United States Code, with respect to all agencies and all Federal activities relating to the recovery from Hurricane Katrina in accordance with paragraph (2); and (C) strive to ensure that-- (i) priority in the distribution of Federal relief funds is given to individuals and organizations most in need of financial assistance; and (ii) priority in the distribution of Federal reconstruction funds is given to business entities that are based in Louisiana, Mississippi, and Alabama or business entities that hire workers who resided in those States before August 29, 2005. (2) Coordination of agencies.--In the performance of the functions under paragraph (1)(B) by the Chief Financial Officer- (A) the President shall act as the head of the agency and the Chief Financial Officer shall have management and oversight of all agencies performing activities relating to the recovery from Hurricane Katrina for purposes of the application of section 902 of title 31, United States Code; and (B) the Chief Financial Officer shall coordinate and have management and oversight responsibilities of each applicable Chief Financial Officer in the performance of functions under section 902(a) (5) and (6) of title 31, United States Code, instead of performing such functions for each applicable agency. (3) Regular reports.-- (A) In general.--Every month the Chief Financial Officer shall submit a financial report on the activities for which the Chief Financial Officer has management and oversight responsibilities to-- (i) the Committee on Homeland Security and Governmental Affairs of the Senate; (ii) the Committee on Homeland Security of the House of Representatives; (iii) the Committees on Appropriations of the Senate and House of Representatives; and (iv) the Committee on Government Reform of the House of Representatives. (B) Contents.--Each report under this paragraph shall include-- (i) the extent to which Federal relief funds have been given to individuals and organizations most in need of financial assistance; (ii) the extent to which Federal reconstruction funds have been made available to business entities that are based in Louisiana, Mississippi, or Alabama or business entities that hire workers who resided in those States before August 29, 2005; and (iii) the extent to which Federal agencies have made use of sole source or cost-plus contracts. (C) First report.--The first report under this paragraph shall be submitted for the first full month for which a Chief Financial Officer has been appointed. (d) Responsibilities of Chief Financial Officers.--Nothing in this Act shall be construed as to relieve the responsibilities of any Chief Financial Officer under section 902 of title 31, United States Code. (e) Availability of Records.--Upon request to the Chief Financial Officer, the Office shall make the records of the Office available to the Inspector General of any Federal agency performing recovery activities relating to Hurricane Katrina for the purpose of performing the duties of that Inspector General under the Inspector General Act of 1978 (5 U.S.C. App.). SEC. 4. REPORTS OF THE GOVERNMENT ACCOUNTABILITY OFFICE. The Office shall provide quarterly reports to the committees specified in section 3(c) (3) (A) relating to all activities and expenses approved by the Office, including_ (1) the accuracy of reports submitted by the Chief Financial Officer to Congress; (2) the extent to which agencies performing activities relating to the recovery from Hurricane Katrina have made use of sole source or cost-plus contracts; (3) the appropriate use of Federal funds by State and local government agencies; (4) an analysis of whether Federal relief funds have been distributed to individuals and organizations most in need of financial assistance and Federal reconstruction funds have been made available to business entities that are based in Louisiana, Mississippi, and Alabama or business entities that hire workers who resided in those States before August 29, 2005; and (5) the extent to which waste, fraud, or abuse exist in the use of Federal funds relating to the recovery from Hurricane Katrina. SEC. 5. ADMINISTRATIVE AND SUPPORT SERVICES. (a) In General.--The President shall provide administrative and support services (including office space) for the Office and the Chief Financial Officer. (b) Personnel.--The President shall provide for personnel for the Office through the detail of Federal employees. Any Federal employee may be detailed to the Office without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as necessary to carry out this Act. SEC. 7. TERMINATION OF OFFICE. (a) In General.--The Office and position of Chief Financial Officer shall terminate 1 year after the date of enactment of this Act. (b) Extension.--The President may extend the date of termination under subsection (a) to any date occurring before 2 years after the date of enactment of this Act.	Oversight of Vital Emergency Recovery Spending Enhancement and Enforcement Act of 2005 - Establishes within the Executive Office of the President the Office of Hurricane Katrina Recovery Chief Financial Officer (CFO), who shall be appointed by the President, by and with the advice and consent of the Senate. Makes the CFO responsible for the efficient and effective use of federal funds in all activities relating to the recovery from Hurricane Katrina. Requires the CFO to strive to ensure that priority in the distribution of federal: (1) relief funds is given to individuals and organizations most in need of financial assistance; and (2) reconstruction funds is given to business entities based in Louisiana, Mississippi, Alabama, or business entities that hire workers who resided in those States before August 29, 2005.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Sunshine in Academic Admissions Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Citizens and taxpayers have a right to know whether federally funded institutions of higher education are treating student applications differently depending on the student's race, color, or national origin, and, if so, the way in which these factors are weighted and the consequences to students and prospective students of these decisions. (2) Title VI of the Civil Rights Act of 1964 codified this right, forbidding in statute discrimination on the basis of race, color, or national origin by federally funded institutions, which includes nearly all colleges and universities. (3) This prohibition has largely been ignored by the Supreme Court, which has allowed racially discriminatory admissions. (4) However, in Fisher v. University of Texas, the United States Supreme Court in 2013 affirmed that strict scrutiny should be applied to university admissions programs to ensure diversity is not defined as ``mere racial balancing,'' but has a compelling state interest to achieve diversity. The Fisher case clarified that any such discrimination is only permitted if it is necessary to achieve the educational benefits of a racially diverse student body. (5) Therefore, colleges and universities must reevaluate their use of racially selective admissions policies. The costs of such policies cannot outweigh the supposed benefits. If a less discriminatory means could achieve similar results, the discrimination is not permissible. (6) In order to ensure that these limitations are followed, colleges and federally funded institutions of higher education must make public through annual reports their use of race, color, and national origin, for admissions decisions so that Federal and State enforcement agencies and interested persons can monitor the schools. (7) Additionally, college and universities must provide evidence sufficient to demonstrate that any such discrimination does not exceed the limits imposed by the Fisher case. (8) Academic ``mismatch'' refers to a significant discrepancy in academic qualifications between various groups within a student body, and is encouraged when universities lower their academic standards to artificially achieve a particular composition. (9) Mismatch works a harm because it sets particular students up for lower than average achievement, higher dropout rates, less competitive majors and, perhaps most damaging, a disproportionately large student loan burden. SEC. 3. REPORT ON CONSIDERATION OF RACE, COLOR, OR NATIONAL ORIGIN IN STUDENT ADMISSIONS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, each institution of higher education participating in programs under title IV of the Higher Education Act of 1965 shall submit to the Secretary of Education a report in accordance with this section. (b) Contents of Report.-- (1) Disclosure of consideration of race, color, or national origin in student admissions.--The report shall include a statement indicating whether race, color, or national origin is given weight in the student admissions process of the institution or any department of the institution. (2) Additional disclosures.--If the disclosure under paragraph (1) states that race, color, or national origin is given weight in the student admissions process of an institution or department, then the report shall include the following information with respect to the institution or department: (A) The racial, color, and national origin groups for which membership is considered a plus factor or a minus factor and, in addition, how membership in a group is determined for individual students. (B) A description of how group membership is considered, including the weight given to such consideration and whether targets, goals, or quotas are used. (C) A statement explaining why group membership is given weight, including the determination of the desired level claimed and, with respect to the diversity rationale, its relationship to the particular educational mission of the institution or department. (D) A description of the consideration that has been given to racially neutral or less discriminatory alternatives as a means for achieving the same goals for which group membership is considered. (E) A description of how frequently the need to give weight to group membership is reassessed and how that reassessment is conducted. (F) An identification of the factors other than race, color, or national origin that are collected in the admissions process. If the factors described in the preceding sentence include grades or class rank in high school, scores on standardized tests (including the ACT and SAT), legacy status, sex, State residency, economic status, or other quantifiable criteria, then all raw admissions data for applicants regarding these factors, along with each individual applicant's race, color, and national origin and the admissions decision made by the school regarding that applicant, shall accompany the report in computer-readable form, with the name of the individual student redacted but with appropriate links, so that it is possible for the Secretary of Education or other interested persons to determine through statistical analysis the weight being given to race, color, and national origin, relative to other factors. (G) An analysis, and also the underlying data needed to perform an analysis, of whether there is a correlation-- (i) between membership in a group favored on account of race, color, or national origin and the likelihood of enrollment in a remediation program, relative to membership in other groups; (ii) between such membership and graduation rates, relative to membership in other groups; and (iii) between such membership and the likelihood of defaulting on education loans, relative to membership in other groups. (c) Public Availability.--The institution shall make the report publicly available. SEC. 4. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to allow or permit preference or discrimination on the basis of race, color, or national origin. SEC. 5. DEFINITION. In this Act, the term ``institution of higher education'' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002), except that the term does not include an institution of higher education outside the United States.	Sunshine in Academic Admissions Act This bill requires each institution of higher education that participates in a program under title IV of the Higher Education Act of 1965 to submit an annual report to the Department of Education that states whether the institution gives weight to race, color, or national origin in the admissions process and, if yes, provides certain additional disclosures. The institution must make the report publicly available.
SECTION 1. ACCELERATED PAYMENT OF SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE FOR CERTAIN PROGRAMS OF EDUCATION. (a) In General.--Subchapter IV of chapter 35 of title 38, United States Code, is amended by inserting after section 3532 the following new section: ``Sec. 3532A. Accelerated payment of educational assistance allowance ``(a) The educational assistance allowance payable under section 3531 of this title with respect to an eligible person described in subsection (b) may, upon the election of such eligible person, be paid on accelerated basis in accordance with this section. ``(b) An eligible person described in this subsection is an individual who is-- ``(1) enrolled in either-- ``(A) an approved program of education that leads to employment in a high technology occupation in a high technology industry (as determined pursuant to regulations prescribed by the Secretary); or ``(B) an approved program of education lasting less than two years that leads to employment in a sector of the economy, as identified by the Department of Labor, that-- ``(i) is projected to-- ``(I) experience a substantial increase in the number of jobs; or ``(II) positively affect the growth of another sector of the economy; or ``(ii) consists of existing or emerging businesses that are being transformed by technology and innovation and require new skills for workers; and ``(2) charged tuition and fees for the program of education that, when divided by the number of months (and fractions thereof) in the enrollment period, exceeds the amount equal to 200 percent of the monthly rate of educational assistance allowance otherwise payable with respect to the individual under section 3531 of this title. ``(c)(1) The amount of the accelerated payment of educational assistance payable with respect to an eligible person making an election under subsection (a) for a program of education shall be the lesser of-- ``(A) the amount equal to 60 percent of the established charges for the program of education; or ``(B) the aggregate amount of educational assistance allowance to which the individual remains entitled under this chapter at the time of the payment. ``(2) In this subsection, the term `established charges', in the case of a program of education, means the actual charges (as determined pursuant to regulations prescribed by the Secretary) for tuition and fees which similarly circumstanced nonveterans enrolled in the program of education would be required to pay. Established charges shall be determined on the following basis: ``(A) In the case of an individual enrolled in a program of education offered on a term, quarter, or semester basis, the tuition and fees charged the individual for the term, quarter, or semester. ``(B) In the case of an individual enrolled in a program of education not offered on a term, quarter, or semester basis, the tuition and fees charged the individual for the entire program of education. ``(3) The educational institution providing the program of education for which an accelerated payment of educational assistance allowance is elected by an eligible person under subsection (a) shall certify to the Secretary the amount of the established charges for the program of education. ``(d) An accelerated payment of educational assistance allowance made with respect to an eligible person under this section for a program of education shall be made not later than the last day of the month immediately following the month in which the Secretary receives a certification from the educational institution regarding-- ``(1) the person's enrollment in and pursuit of the program of education; and ``(2) the amount of the established charges for the program of education. ``(e)(1) Except as provided in paragraph (2), for each accelerated payment of educational assistance allowance made with respect to an eligible person under this section, the person's entitlement to basic educational assistance under this chapter shall be charged the number of months (and any fraction thereof) determined by dividing the amount of the accelerated payment by the full-time monthly rate of educational assistance allowance otherwise payable with respect to the person under section 3531 of this title as of the beginning date of the enrollment period for the program of education for which the accelerated payment is made. ``(2) If the monthly rate of educational assistance allowance otherwise payable with respect to an eligible person under section 3531 of this title increases during the enrollment period of a program of education for which an accelerated payment of educational assistance allowance is made under this section, the charge to the person's entitlement to educational assistance under this chapter shall be determined by prorating the entitlement chargeable, in the manner provided for under paragraph (1), for the periods covered by the initial rate and increased rate, respectively, in accordance with regulations prescribed by the Secretary. ``(f) The Secretary may not make an accelerated payment of educational assistance allowance under this section for a program of education with respect to an eligible person who has received an advance payment under section 3680(d) of this title for the same enrollment period. ``(g) For purposes of this section, a program of education includes a program of education (as defined in section 3002(3) of this title) pursued at a tribally controlled college or university (as such term is defined in section 2 of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801). ``(h) The Secretary shall prescribe regulations to carry out this section. The regulations shall include requirements, conditions, and methods for the request, issuance, delivery, certification of receipt and use, and recovery of overpayment of an accelerated payment of educational assistance allowance under this section. The regulations may include such elements of the regulations prescribed under section 3014A of this title as the Secretary considers appropriate for purposes of this section''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 35 of such title is amended by inserting after the item relating to section 3532 the following new item: ``3532A. Accelerated payment of educational assistance allowance.''.	Permits accelerated payments of educational assistance under the Montgomery GI Bill to an individual enrolled in program with tuition in excess of 200% of the monthly rate of educational assistance otherwise payable when the program is an approved program of education that either: (1) leads to employment in a high technology occupation in a high technology industry; or (2) lasts less than two years and leads to employment in a sector of the economy that is projected to experience a substantial increase in the number of jobs, positively affect the growth of another sector of the economy, or consists of existing or emerging businesses that are being transformed by technology and innovation and require new skills for workers. Includes as an authorized program for purposes of such assistance a program of education pursued at a tribally controlled college or university as defined under the Tribally Controlled College or University Assistance Act of 1978.
SECTION 1. SHORT TITLE; ETC. (a) Short Title.--This Act may be cited as the ``Fairness in Tax Collections Act of 2002''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of Contents.-- Sec. 1. Short title; etc. Sec. 2. Partial payment of tax liability in installment agreements. Sec. 3. Extension of time for return of property. Sec. 4. Individuals held harmless on wrongful levy, etc. on individual retirement plan. Sec. 5. Seven-day threshold on tolling of statute of limitations during tax review. Sec. 6. Study of liens and levies. Sec. 7. Low-income taxpayer clinics. SEC. 2. PARTIAL PAYMENT OF TAX LIABILITY IN INSTALLMENT AGREEMENTS. (a) In General.-- (1) Section 6159(a) (relating to authorization of agreements) is amended-- (A) by striking ``satisfy liability for payment of'' and inserting ``make payment on'', and (B) by inserting ``full or partial'' after ``facilitate''. (2) Section 6159(c) (relating to Secretary required to enter into installment agreements in certain cases) is amended in the matter preceding paragraph (1) by inserting ``full'' before ``payment''. (b) Requirement To Review Partial Payment Agreements Every Two Years.--Section 6159 is amended by redesignating subsections (d) and (e) as subsections (e) and (f), respectively, and inserting after subsection (c) the following new subsection: ``(d) Secretary Required To Review Installment Agreements for Partial Collection Every Two Years.--In the case of an agreement entered into by the Secretary under subsection (a) for partial collection of a tax liability, the Secretary shall review the agreement at least once every 2 years.''. (c) Effective Date.--The amendments made by this section shall apply to agreements entered into on or after the date of the enactment of this Act. SEC. 3. EXTENSION OF TIME FOR RETURN OF PROPERTY. (a) Extension of Time for Return of Property Subject to Levy.-- Subsection (b) of section 6343 (relating to return of property) is amended by striking ``9 months'' and inserting ``2 years''. (b) Period of Limitation on Suits.--Subsection (c) of section 6532 (relating to suits by persons other than taxpayers) is amended-- (1) in paragraph (1) by striking ``9 months'' and inserting ``2 years'', and (2) in paragraph (2) by striking ``9-month'' and inserting ``2-year''. (c) Effective Date.--The amendments made by this section shall apply to-- (1) levies made after the date of the enactment of this Act, and (2) levies made on or before such date if the 9-month period has not expired under section 6343(b) of the Internal Revenue Code of 1986 (without regard to this section) as of such date. SEC. 4. INDIVIDUALS HELD HARMLESS ON WRONGFUL LEVY, ETC., ON INDIVIDUAL RETIREMENT PLAN. (a) In General.--Section 6343 (relating to authority to release levy and return property) is amended by adding at the end the following new subsection: ``(f) Individuals Held Harmless on Wrongful Levy, etc., on Individual Retirement Plan.-- ``(1) In general.--If the Secretary determines that an individual retirement plan has been levied upon in a case to which subsection (b) or (d)(2)(A) applies, an amount equal to the sum of-- ``(A) the amount of money returned by the Secretary on account of such levy, and ``(B) interest paid under subsection (c) on such amount of money, may be deposited into an individual retirement plan (other than an endowment contract) to which a rollover from the plan levied upon is permitted. ``(2) Treatment as rollover.--The distribution on account of the levy and any deposit under paragraph (1) with respect to such distribution shall be treated for purposes of this title as if such distribution and deposit were part of a rollover described in section 408(d)(3)(A)(i); except that-- ``(A) interest paid under subsection (c) shall be treated as part of such distribution and as not includible in gross income, ``(B) the 60-day requirement in such section shall be treated as met if the deposit is made not later than the 60th day after the day on which the individual receives an amount under paragraph (1) from the Secretary, and ``(C) such deposit shall not be taken into account under section 408(d)(3)(B). ``(3) Refund, etc., of income tax on levy.--If any amount is includible in gross income for a taxable year by reason of a levy referred to in paragraph (1) and any portion of such amount is treated as a rollover under paragraph (2), any tax imposed by chapter 1 on such portion shall not be assessed, and if assessed shall be abated, and if collected shall be credited or refunded as an overpayment made on the due date for filing the return of tax for such taxable year. ``(4) Interest.--Notwithstanding subsection (d), interest shall be allowed under subsection (c) in a case in which the Secretary makes a determination described in subsection (d)(2)(A) with respect to a levy upon an individual retirement plan.''. (b) Effective Date.--The amendment made by this section shall apply to amounts paid under subsections (b), (c), and (d)(2)(A) of section 6343 of the Internal Revenue Code of 1986 after December 31, 2002. SEC. 5. SEVEN-DAY THRESHOLD ON TOLLING OF STATUTE OF LIMITATIONS DURING TAX REVIEW. (a) In General.--Section 7811(d)(1) (relating to suspension of running of period of limitation) is amended by inserting after ``application,'' the following: ``but only if the date of such decision is at least 7 days after the date of the taxpayer's application''. (b) Effective Date.--The amendment made by this section shall apply to applications filed after the date of the enactment of this Act. SEC. 6. STUDY OF LIENS AND LEVIES. The Secretary of the Treasury, or the Secretary's delegate, shall conduct a study of the practices of the Internal Revenue Service concerning liens and levies. The study shall examine-- (1) the declining use of liens and levies by the Internal Revenue Service, and (2) the practicality of recording liens and levying against property in cases in which the cost of such actions exceeds the amount to be realized from such property. Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit such study to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. SEC. 7. LOW-INCOME TAXPAYER CLINICS. (a) Limitation on Amount of Grants.--Paragraph (1) of section 7526(c) (relating to special rules and limitations) is amended by striking ``$6,000,000 per year'' and inserting ``$9,000,000 for 2002, $12,000,000 for 2003, and $15,000,000 for each year thereafter''. (b) Limitation on Use of Clinics for Tax Return Preparation.-- Subparagraph (A) of section 7526(b)(1) is amended by adding at the end the following flush language: ``The term does not include a clinic that provides routine tax return preparation. The preceding sentence shall not apply to return preparation in connection with a controversy with the Internal Revenue Service.''. (c) Promotion of Clinics.--Section 7526(c) is amended by adding at the end the following new paragraph: ``(7) Promotion of clinics.--The Secretary is authorized to promote the benefits of and encourage the use of low-income taxpayer clinics through the use of mass communications, referrals, and other means.''.	Fairness in Tax Collections Act of 2002 - Amends the Internal Revenue Code to permit the IRS to enter into installment agreements with taxpayers that do not provide for full payment of liabilities. Requires the IRS to review partial payment installment agreements at least every two years.Extends from nine months to two years the period in which proceeds errantly acquired by the IRS may be returned.Authorizes a taxpayer to deposit money in an IRA without regard to the normally applicable limits on IRA contributions and rollovers if the IRS has sent back the money being deposited due to a wrongful levy and it originally came from an IRA. Requires the contribution to be to the same type of IRA from which the amounts were withdrawn. Stipulates that in such a scenario any tax on the withdrawal from the IRA is abated. Considers interest paid by the IRS to the taxpayer part of the original payment and is not counted as gross income.Modifies the suspension date of the statute of limitations for taxpayers suffering significant hardship by applying it only if the date of the decision by the National Taxpayer Advocate is at least seven days after the date of the taxpayer's application.Directs the Secretary to study IRS practices concerning liens and levies.Increases the allocations for low-income taxpayer clinics, from the current $6 million annually, to $15 million annually by 2003.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Systematic Application of Value Engineering Act of 1993''. SEC. 2. VALUE ENGINEERING REQUIREMENTS FOR FEDERAL AGENCIES. (a) In General.--Federal agencies shall apply value engineering consistent with subsection (b)(2) to, at a minimum, identify and implement opportunities to reduce capital and operation costs and improve and maintain optimum quality of construction, administrative, program, acquisition, and grant projects. The head of each Federal agency shall require senior management personnel to establish and maintain value engineering procedures and processes. Such procedures and processes shall, at a minimum-- (1) utilize qualified value engineering personnel consistent with paragraphs (1) and (4) of subsection (b); (2) provide for the aggressive and systematic development and maintenance of the most effective, efficient, and economical arrangement for conducting the work of the agency; and (3) provide a sound basis for the reporting of accomplishments to the Office of Management and Budget, the President, the Congress, and the public. (b) Agency Responsibilities.--To ensure that systemic value engineering improvements are achieved, each Federal agency shall, at a minimum, carry out the following: (1) Designate a senior management official with a significant, well-documented background in value engineering as the value engineering manager within the agency, to oversee and monitor value engineering efforts and to coordinate the development of criteria and guidelines referred to in paragraph (2). (2) Develop criteria and guidelines for both agency employees and contractor employees to identify programs, projects, systems, and products with the greatest potential to yield savings and benefits from the application of value engineering methodology. The criteria and guidelines should recognize that the potential savings are greatest during the planning, design, and other early phases of program, project, system, and product development. The criteria and guidelines shall include the following: (A) Consideration of return on the Government's investment in value engineering, determined by dividing the Government's cost of performing the value engineering function by the savings generated by the function. (B) A dollar amount threshold for requiring the application of value engineering. The threshold shall be designed to ensure that value engineering is applied to-- (i) each program, project, system, and product of the agency that has a dollar value greater than the threshold; and (ii) programs, projects, systems, and products comprising in the aggregate 80 percent of the budget of the agency. For purposes of applying such a threshold, the dollar values of various programs, projects, systems, and products of an agency that have individual values below the threshold shall be aggregated if they utilize equivalent planning or design elements, are jointly administered, or are functionally equivalent. (C) Criteria under which the value engineering manager of the agency may, on a case-by-case basis, waive the requirement of this Act to conduct value engineering studies, and procedures and requirements for documenting and maintaining records of the justification for each such waiver. (3) Provide training (including practical experience) in established value engineering methodology to agency staff responsible for coordinating and monitoring value engineering efforts and to staff responsible for developing, reviewing, analyzing, carrying out, changing, and evaluating value engineering proposals. (4) Ensure that funds necessary for conducting agency value engineering efforts are included in annual budget requests to the Office of Management and Budget. (5) Document and maintain records of-- (A) programs, projects, systems, and products that meet agency criteria for requiring the use of value engineering techniques; and (B) determinations (including the reasons therefor) that the recommendations resulting from a value engineering review should not be implemented. (6) Except when inconsistent with this Act, adhere to the acquisition requirements of the Federal Acquisition Regulation, including the use of value engineering clauses in parts 48 and 52 for both prime and subcontractors. (7) In the case of discretionary grants awarded by the agency, establish value engineering requirements, such as requiring grant applications to include a clause requiring the use of value engineering methodology by qualified value engineering personnel in the performance of the grant. (8) Develop annual plans for using value engineering in the agency, which, at a minimum, identify-- (A) the agency and contractor projects, programs, systems, and products to which value engineering techniques will be applied in the next fiscal year; and (B) the estimated costs of such projects, programs, systems, and products. (9) Report annually to the Office of Management and Budget on value engineering activities in accordance with subsection (c). (c) Reports to Office of Management and Budget.-- (1) In general.--The head of each Federal agency shall submit to the Office of Management and Budget an annual report on the results of using value engineering in the agency. The report shall be submitted by February 15 of each year. (2) Contents.--The report required by this subsection shall include the following: (A) The name, job title, address, telephone number, and any additional job titles of the agency's current value engineering manager. (B) The Government's return on investment in value engineering achieved through actual implementation by the agency of recommendations adopted as a result of value engineering, calculated by dividing the amount of savings achieved through such implementation by the cost of performing value engineering reviews. (C) The Government's potential return on investment achievable through value engineering, calculated by dividing the amount of savings achievable through the adoption of recommendations as a result of value engineering by the cost of performing value engineering reviews to produce those recommendations. (D) A description of the application of value engineering to the agency's 20 programs, projects, systems, and products having the highest dollar value, including the net savings and quality improvements achieved through use of value engineering in those programs, projects, systems, and products. (E) A listing of the criteria adopted by the agency pursuant to subsection (b)(2)(C) for waiving the application of the value engineering requirements of this Act, and documentation of any waivers granted under the criteria. (d) Inspector General Audits.--The Inspector General of each Federal agency shall audit the savings reported by the agency in the second annual report submitted under subsection (c). Thereafter, the Inspector General of each Federal agency shall audit the reported savings every second year. (e) Definitions.--For purposes of this Act, the following definitions apply: (1) The term ``Federal agency'' has the meaning the term ``agency'' has under section 551(1) of title 5, United States Code. (2) The term ``savings'' means a reduction in, or avoidance of, expenditures that would be incurred if programs, projects, systems, and products were not evaluated using value engineering techniques. (3) The term ``value engineering'' means an organized effort, performed by qualified agency or contractor personnel, directed at analyzing the functions of a program, project, system, product, item of equipment, building, facility, service, or supply for the purpose of achieving the essential functions at the lowest life-cycle cost that is consistent with required or improved performance, reliability, quality, and safety. (4) The term ``life-cycle cost'' means the total cost of a program, project, system, product, item of equipment, building, facility, service, or supply, computed over its useful life. The term includes all relevant costs involved in acquiring, owning, operating, maintaining, and disposing of the program, project, system, product, item of equipment, building, facility, service, or supply over a specified period of time. (f) Effective Date.--This Act shall take effect on January 1, 1994. (g) Review.--The Director of Management and Budget shall review the policies contained in this Act 5 years after the date of the enactment of this Act and shall report the results of such review to Congress.	Systematic Application of Value Engineering Act of 1993 - Requires Federal agencies to apply value engineering, at a minimum, to identify and implement opportunities to reduce capital and operation costs and improve and maintain optimum quality of construction, administrative, program, acquisition, and grant projects. Requires Inspector General audits of reported agency savings attributable to such value engineering.
SECTION 1. FINDINGS AND PURPOSES. (a) Findings.--Subsection (a) of section 802 of the Tropical Forest Conservation Act of 1998 (22 U.S.C. 2431) is amended-- (1) in paragraphs (1), (6), and (7), by striking ``tropical forests'' each place it appears and inserting ``tropical forests and coral reefs and associated coastal marine ecosystems''; (2) by redesignating paragraphs (3) through (7) as paragraphs (4) through (8), respectively; (3) by inserting after paragraph (2) the following: ``(3) Coral reefs and associated coastal marine ecosystems provide a wide range of benefits to mankind by-- ``(A) harboring more species per unit area than any other marine habitat, providing the basis for developing pharmaceutical products and fostering a growing marine tourism sector; ``(B) providing a major source of food and jobs for hundreds of millions of coastal residents; and ``(C) serving as natural storm barriers, thus protecting vulnerable shorelines and communities from storm waves and erosion.''; and (4) in paragraph (4) (as redesignated)-- (A) by inserting ``and coral reef and associated coastal marine ecosystems'' after ``forest resources''; and (B) by inserting ``and coral reef and associated coastal marine ecosystem exploitation'' after ``tropical deforestation''. (b) Purposes.--Subsection (b) of such section is amended-- (1) in paragraphs (1), (3), and (4), by striking ``tropical forests'' each place it appears and inserting ``tropical forests and coral reefs and associated coastal marine ecosystems''; and (2) in paragraph (2)-- (A) by striking ``tropical forests'' the first and third place it appears and inserting ``tropical forests and coral reefs and associated coastal marine ecosystems''; (B) by striking ``tropical forests'' the second place it appears and inserting ``areas''; and (C) by inserting at the end before the semicolon the following: ``and unsustainable coral reef and associated coastal marine ecosystem exploitation''. SEC. 2. DEFINITIONS. Section 803 of the Tropical Forest Conservation Act of 1998 (22 U.S.C. 2431a) is amended-- (1) in paragraph (2)(A), by striking ``Committee on International Relations'' and inserting ``Committee on Foreign Affairs''; (2) by striking paragraphs (4), (7), (8), and (9); (3) in paragraph (5)-- (A) in the heading, by striking ``tropical forest'' and inserting ``tropical forest or coral reef or associated coastal marine ecosystem''; (B) in the matter preceding subparagraph (A), by striking ``tropical forest'' and inserting ``tropical forest or coral reef or associated coastal marine ecosystem''; and (C) in subparagraph (B)-- (i) by striking ``tropical forest'' and inserting ``tropical forest or coral reef or associated coastal marine ecosystem''; and (ii) by striking ``tropical forests'' and inserting ``tropical forests or coral reefs or associated coastal marine ecosystems''; (4) by redesignating paragraphs (5) and (6) as paragraphs (9) and (10), respectively; and (5) by inserting after paragraph (3) the following: ``(4) Conservation agreement.--The term `Conservation Agreement' or `Agreement' means a Conservation Agreement provided for in section 809. ``(5) Conservation facility.--The term `Conservation Facility' or `Facility' means the Conservation Facility established in the Department of the Treasury by section 804. ``(6) Conservation fund.--The term `Conservation Fund' or `Fund' means a Conservation Fund provided for in section 810. ``(7) Coral.--The term `coral' means species of the phylum Cnidaria, including-- ``(A) all species of the orders Antipatharia (black corals), Scleractinia (stony corals), Alcyonacea (soft corals), Gorgonacea (horny corals), Stolonifera (organpipe corals and others), and Coenothecalia (blue coral), of the class Anthozoa; and ``(B) all species of the order Hydrocorallina (fire corals and hydrocorals) of the class Hydrozoa. ``(8) Coral reef.--The term `coral reef' means any reef or shoal composed primarily of corals.''. SEC. 3. ESTABLISHMENT OF THE FACILITY. Section 804 of the Tropical Forest Conservation Act of 1988 (22 U.S.C. 2431b) is amended by striking ``Tropical Forest Facility'' and inserting ``Conservation Facility''. SEC. 4. ELIGIBILITY FOR BENEFITS. Section 805(a) of the Tropical Forest Conservation Act of 1998 (22 U.S.C. 2431c(a)) is amended by striking ``tropical forest'' and inserting ``tropical forest or coral reef or associated coastal marine ecosystem''. SEC. 5. REDUCTION OF DEBT OWED TO THE UNITED STATES AS A RESULT OF CONCESSIONAL LOANS UNDER THE FOREIGN ASSISTANCE ACT OF 1961. (a) Additional Terms and Conditions.--Subsection (c)(2) of section 806 of the Tropical Forest Conservation Act of 1998 (22 U.S.C. 2431d) is amended by striking ``Tropical Forest Fund'' and inserting ``Conservation Fund''. (b) Authorization of Appropriations.--Subsection (d)(6) of such section is amended by striking ``fiscal year 2007'' and inserting ``each of the fiscal years 2007 through 2010''. (c) Use of Funds To Conduct Program Audits, Evaluations, Monitoring, and Administration.--Subsection (e) of such section is amended to read as follows: ``(e) Use of Funds To Conduct Program Audits, Evaluations, Monitoring, and Administration.--Of the amounts made available to carry out this part for a fiscal year, up to $300,000 is authorized to be made available to carry out audits, evaluations, monitoring, and administration of programs under this part, including personnel costs associated with such audits, evaluations, monitoring, and administration.''. SEC. 6. REDUCTION OF DEBT OWED TO THE UNITED STATES AS A RESULT OF CREDITS EXTENDED UNDER TITLE I OF THE AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE ACT OF 1954. Section 807(c)(2) of the Tropical Forest Conservation Act of 1998 (22 U.S.C. 2431e(c)(2)) is amended by striking ``Tropical Forest Fund'' and inserting ``Conservation Fund''. SEC. 7. UNITED STATES GOVERNMENT REPRESENTATION ON OVERSIGHT BODIES FOR GRANTS FROM DEBT-FOR-NATURE SWAPS AND DEBT-BUYBACKS. Section 808(a)(5) of the Tropical Forest Conservation Act of 1998 (22 U.S.C. 2431f(a)(5)) is amended by adding at the end the following: ``(C) United states government representation on the administering body.--One or more individuals appointed by the United States Government may serve in an official capacity on the administering body that oversees the implementation of grants arising from this debt-for-nature swap or debt buy-back regardless of whether the United States is a party to any agreement between the eligible purchaser and the government of the beneficiary country.''. SEC. 8. CONSERVATION AGREEMENT. (a) Authority.--Subsection (a) of section 809 of the Tropical Forest Conservation Act of 1998 (22 U.S.C. 2431g) is amended-- (1) by striking ``(a) Authority.--'' and all that follows through ``The Secretary of State'' and inserting ``(a) Authority.--The Secretary of State''; (2) by striking ``Tropical Forest Agreement'' and inserting ``Conservation Agreement''; and (3) by striking paragraph (2). (b) Administering Body.--Subsection (c)(2)(A) of such section is amended-- (1) in clause (i), by inserting at the end before the semicolon the following: ``to serve in an official capacity''; and (2) in clause (iii)(III), by inserting ``or marine'' after ``forestry''. (c) Eligible Activities.--Subsection (d) of such section is amended-- (1) in the matter preceding paragraph (1), by striking ``the tropical forests'' and inserting ``tropical forests or coral reefs or associated coastal marine ecosystems''; (2) in paragraph (2), by inserting ``and water'' after ``land''; (3) in paragraph (5), by striking ``tropical forest''; and (4) in paragraph (6), by striking ``living in or near a tropical forest in a manner consistent with protecting such tropical forest'' and inserting ``dependent on a tropical forest or coral reef or associated coastal marine ecosystem in a manner consistent with protecting and conserving such resources''. (d) Grant Recipients.--Subsection (e)(1)(A) of such section is amended by inserting ``marine,'' after ``forestry,''. (e) Review of Larger Grants.--Subsection (f) of such section is amended to read as follows: ``(f) Review of Larger Grants.--Any grant of more than $250,000 from a Fund shall be approved by the Government of the United States and the government of the beneficiary country.''. (f) Conforming Amendment.--The heading of such section is amended by striking ``tropical forest'' and inserting ``conservation''. SEC. 9. CONSERVATION FUND. (a) Establishment.--Subsection (a) of section 810 of the Tropical Forest Conservation Act of 1998 (22 U.S.C. 2431h) is amended-- (1) by striking ``Tropical Forest Agreement'' and inserting ``Conservation Agreement''; and (2) by striking ``Tropical Forest Fund'' and inserting ``Conservation Fund''. (b) Technical and Conforming Amendments.--Such section is amended-- (1) in subsection (b), by striking ``terms as conditions'' and inserting ``terms and conditions''; and (2) in the heading, by striking ``tropical forest'' and inserting ``conservation''. SEC. 10. BOARD. Section 811 of the Tropical Forest Conservation Act of 1998 (22 U.S.C. 2431i) is hereby repealed. SEC. 11. ANNUAL REPORTS TO THE CONGRESS. Section 813 of the Tropical Forest Conservation Act of 1998 (22 U.S.C. 2431k) is amended-- (1) by striking ``(a) In General.--''; (2) by striking ``December 31'' and inserting ``April 15''; (3) by striking ``fiscal year'' each place it appears and inserting ``calendar year''; and (4) by striking subsection (b). SEC. 12. TECHNICAL AND CONFORMING AMENDMENTS. (a) Part Heading.--The heading of part V of the Foreign Assistance Act of 1961 is amended by striking ``tropical forests'' and inserting ``tropical forests or coral reefs or associated coastal marine ecosystems''. (b) Short Title.-- (1) Amendment.--Section 801 of the Tropical Forest Conservation Act of 1998 (22 U.S.C. 2151 note) is amended by striking ``Tropical Forest Conservation Act of 1998'' and inserting ``Tropical Forest and Coral Conservation Act of 2007''. (2) References.--Any reference in a law, regulation, document, or other record of the United States to the Tropical Forest Conservation Act of 1998 shall be deemed to be a reference to the Tropical Forest and Coral Conservation Act of 2007. (3) Availability of unobligated or unexpended funds.-- Amounts appropriated to carry out the Tropical Forest Conservation Act of 1998 (as in effect on the day before the date of the enactment of this Act) that are unobligated or unexpended as of the date of the enactment of this Act may be used to carry out the Tropical Forest and Coral Conservation Act of 2007. (c) Redesignation.--Part V of the Foreign Assistance Act of 1961 (22 U.S.C. 2431 et seq.) is amended by redesignating sections 812 and 813 as sections 811 and 812, respectively. (d) Other Amendments.--Section 703(a)(5) of the Foreign Assistance Act of 1961 (22 U.S.C. 2430b(a)(5)) is amended-- (1) in the matter preceding subparagraph (A), by striking ``or, as appropriate in exceptional circumstances,'' and inserting ``or''; and (2) in subparagraph (A), by striking ``or an arrangement under the structural adjustment facility or enhanced structural adjustment facility, or in exceptional circumstances, a Fund monitored program or its equivalent,'' and inserting ``an arrangement under the structural adjustment facility or enhanced structural adjustment facility, a Fund monitored program, or is implementing sound macroeconomic policies,''. Passed the House of Representatives October 9, 2007. Attest: LORRAINE C. MILLER, Clerk.	(Sec. 1) Amends the Tropical Forest Conservation Act of 1998 to include tropical forests and coral reefs and associated coastal marine ecosystems within the scope of such Act. (Current law refers to only tropical forests.) (Sec. 3) Renames the Tropical Forest Facility as the Conservation Facility. (Sec. 4) Makes developing countries with tropical forests or coral reefs or associated coastal marine ecosystems eligible for benefits. (Current law refers only to tropical forests.) (Sec. 5) Authorizes appropriations through FY2010 for specified credit and concessional loan debt reduction owed to the United States. Increases obligations for program administration, monitoring, and auditing. (Sec. 7) Authorizes U.S. government representation on the administering body that oversees the implementation of grants from a debt-for-nature swap or debt buy-back regardless of whether the United States is a party to any agreement between the eligible purchaser and the government of the beneficiary country. (Sec. 8) Requires U.S. government and beneficiary country government review of Conservation Fund grants in excess of $250,000. (Sec. 8) Renames the Tropical Forest Agreement as the Conservation Agreement. (Sec. 9) Renames the Tropical Forest Fund as the Conservation Fund. (Sec. 10) Repeals Enterprise for the Americas Board authority to carry out activities under the Act. (Sec. 11) Revises certain reporting dates. (Sec. 12) Renames the Tropical Forest Conservation Act of 1998 as the Tropical Forest and Coral Conservation Act of 2007.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Alternative Certification and Licensure of Teachers Act of 1998''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) the measure of a good teacher is how much and how well the teacher's students learn; (2) the main teacher quality problem in 1998 is the lack of subject matter knowledge; (3) knowledgeable and eager individuals of sound character and various professional backgrounds should be encouraged to enter the kindergarten through grade 12 classrooms as teachers; (4) many talented professionals who have demonstrated a high level of subject area competence outside the education profession may wish to pursue careers in education, but have not fulfilled the traditional requirements to be certified or licensed as teachers; (5) States should have maximum flexibility and incentives to create alternative teacher certification and licensure programs in order to recruit well-educated people into the teaching profession; and (6) alternative routes can enable qualified individuals to fulfill State teacher certification or licensure requirements and will allow school systems to utilize the expertise of professionals and improve the pool of qualified individuals available to local educational agencies as teachers. (b) Purpose.--It is the purpose of this Act to improve the supply of well-qualified elementary school and secondary school teachers by encouraging and assisting States to develop and implement programs for alternative routes to teacher certification or licensure requirements. SEC. 3. ALLOTMENTS. (a) Allotments to States.-- (1) In general.--From the amount appropriated to carry out this Act for each fiscal year, the Secretary shall allot to each State the lesser of-- (A) the amount the State applies for under section 4; or (B) an amount that bears the same relation to the amount so appropriated as the total population of children ages 5 through 17 in the State bears to the total population of such children in all the States (based on the most recent data available that is satisfactory to the Secretary). (2) Reallocation.--If a State does not apply for the State's allotment, or the full amount of the State's allotment, under paragraph (1), the Secretary may reallocate the excess funds to 1 or more other States that demonstrate, to the satisfaction of the Secretary, a current need for the funds. (b) Special Rule.--Notwithstanding section 421(b) of the General Education Provisions Act (20 U.S.C. 1225(b)), funds awarded under this Act shall remain available for obligation by a recipient for a period of 2 calendar years from the date of the grant. SEC. 4. STATE APPLICATIONS. (a) In General.--Any State desiring to receive an allotment under this Act shall, through the State educational agency, submit an application at such time, in such manner, and containing such information, as the Secretary may reasonably require. (b) Requirements.--Each application shall-- (1) describe the programs, projects, and activities to be undertaken with assistance provided under this Act; and (2) contain such assurances as the Secretary considers necessary, including assurances that-- (A) assistance provided to the State educational agency under this Act will be used to supplement, and not to supplant, any State or local funds available for the development and implementation of programs to provide alternative routes to fulfilling teacher certification or licensure requirements; (B) the State educational agency has, in developing and designing the application, consulted with-- (i) representatives of local educational agencies, including superintendents and school board members (including representatives of their professional organizations if appropriate); (ii) elementary school and secondary school teachers, including representatives of their professional organizations; (iii) schools or departments of education within institutions of higher education; (iv) parents; and (v) other interested individuals and organizations; and (C) the State educational agency will submit to the Secretary, at such time as the Secretary may specify, a final report describing the activities carried out with assistance provided under this Act and the results achieved with respect to such activities. (c) GEPA Provisions Inapplicable.--Sections 441 and 442 of the General Education Provisions Act (20 U.S.C. 1232d and 1232e), except to the extent that such sections relate to fiscal control and fund accounting procedures, shall not apply to this Act. SEC. 5. USE OF FUNDS. (a) Use of Funds.-- (1) In general.--A State educational agency shall use funds provided under this Act to support programs, projects, or activities that develop and implement new, or expand and improve existing, programs that enable individuals to move to a teaching career in elementary or secondary education from another occupation through an alternative route to teacher certification or licensure. (2) Types of assistance.--A State educational agency may carry out such programs, projects, or activities directly, through contracts, or through grants to local educational agencies, intermediate educational agencies, institutions of higher education, or consortia of such agencies or institutions. (b) Uses.--Funds received under this Act may be used for-- (1) the design, development, implementation, and evaluation of programs that enable qualified professionals who have demonstrated a high level of subject area competence outside the education profession and are interested in entering the education profession to fulfill State teacher certification or licensure requirements; (2) the establishment of administrative structures necessary for the development and implementation of programs to provide alternative routes to fulfilling State teacher certification or licensure requirements; (3) training of staff, including the development of appropriate support programs, such as mentor programs, for teachers entering the school system through alternative routes to teacher certification or licensure; (4) the development of recruitment strategies; (5) the development of reciprocity agreements between or among States for the certification or licensure of teachers; or (6) other programs, projects, and activities that-- (A) are designed to meet the purpose of this Act; and (B) the Secretary determines appropriate. SEC. 6. DEFINITIONS. In this Act: (1) Elementary school; local educational agency; secondary school; secretary; and state educational agency.--The terms ``elementary school'', ``local educational agency'', ``secondary school'', ``Secretary'', and ``State educational agency'' have the meanings given the terms in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 1201 of the Higher Education Act of 1965 (20 U.S.C. 1141). (3) State.--The term ``State'' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $15,000,000 for fiscal year 1999 and each of the 4 succeeding fiscal years.	Alternative Certification and Licensure of Teachers Act of 1998 - Establishes a program to assist States to develop and implement programs for alternative routes to teacher certification or licensure requirements, in order to increase the supply of well-qualified elementary school and secondary school teachers. Sets forth requirements for allotments to States, reallotments, State applications, and uses of funds. Authorizes appropriations.
SECTION 1. PARTICIPATION OF TAIWAN IN THE INTERNATIONAL CRIMINAL POLICE ORGANIZATION. (a) Findings.--Congress makes the following findings: (1) Safety, security and peace is important to every citizen of the world, and shared information ensuring wide assistance among police authorities of nations for expeditious dissemination of information regarding criminal activities greatly assists in these efforts. (2) Direct and unobstructed participation in the International Criminal Police Organization (INTERPOL) is beneficial for all nations and their police authorities. Internationally shared information with authorized police authorities is vital to peacekeeping efforts. (3) With a history dating back to 1914, the role of INTERPOL is defined in its constitution: ``To ensure and promote the widest possible mutual assistance between all criminal police authorities within the limits of the laws existing in the different countries and in the spirit of the Universal Declaration of Human Rights.''. (4) Ongoing international threats, including international networks of terrorism, show the ongoing necessity to be ever inclusive of nations willing to work together to combat criminal activity. The ability of police authorities to coordinate, preempt, and act swiftly and in unison is an essential element of crisis prevention and response. (5) Taiwan maintained full membership in INTERPOL starting in 1964 through its National Police Administration but was ejected in 1984 when the People's Republic of China (PRC) applied for membership. (6) Nonmembership prevents Taiwan from gaining access to INTERPOL's I-24/7 global police communications system, which provides real-time information on criminals and global criminal activities. Taiwan is relegated to second-hand information from friendly nations, including the United States. (7) Taiwan is unable to swiftly share information on criminals and suspicious activity with the international community, leaving a huge void in the global crime-fighting efforts and leaving the entire world at risk. (8) The United States, in the 1994 Taiwan Policy Review, declared its intention to support Taiwan's participation in appropriate international organizations and has consistently reiterated that support. (9) Following the enactment of Public Law 108-235, a law authorizing the Secretary of State to initiate and implement a plan to endorse and obtain observer status for Taiwan at the annual summit of the World Health Assembly and subsequent advocacy by the United States, Taiwan was granted observer status to the World Health Assembly for six consecutive years since 2009. Both prior to and in its capacity as an observer, Taiwan has contributed significantly to the international community's collective efforts in pandemic control, monitoring, early warning, and other related matters. (10) INTERPOL's constitution allows for observers at its meetings by ``police bodies which are not members of the Organization''. (b) Taiwan's Participation in INTERPOL.--The President shall-- (1) develop a strategy to obtain observer status for Taiwan in INTERPOL and at other related meetings, activities, and mechanisms thereafter; and (2) instruct INTERPOL Washington to officially request observer status for Taiwan in INTERPOL and to actively urge INTERPOL member states to support such observer status and participation for Taiwan. (c) Report Concerning Observer Status for Taiwan in INTERPOL.--Not later than 30 days after the date of the enactment of this Act, the President shall transmit to Congress a report, in unclassified form, describing the United States strategy to endorse and obtain observer status for Taiwan in INTERPOL and at other related meetings, activities, and mechanisms thereafter. The report shall include the following: (1) A description of the efforts the President has made to encourage INTERPOL member states to promote Taiwan's bid to obtain observer status in INTERPOL. (2) A description of the actions the President will take to endorse and obtain observer status for Taiwan in INTERPOL and at other related meetings, activities, and mechanisms thereafter. Passed the House of Representatives November 2, 2015. Attest: KAREN L. HAAS, Clerk.	. (Sec. 1) This bill directs the President to: (1) develop a strategy to obtain observer status for Taiwan in the International Criminal Police Organization (INTERPOL) and at other related activities, and (2) instruct INTERPOL Washington to request observer status for Taiwan in INTERPOL and urge INTERPOL members to support Taiwan's observer status and participation. The President shall report to Congress regarding the U.S. strategy to obtain observer status for Taiwan in INTERPOL and at other related meetings, activities, and mechanisms.
SECTION 1. FINDINGS. Congress finds that-- (1) black carbon-- (A) is a component of ambient particulate matter, the mixture of which has been found to harm public health by causing serious respiratory and cardiovascular effects in developed and developing countries; (B) plays a role in climate change by-- (i) absorbing solar radiation; and (ii) reducing the reflectivity of snow and ice; and (C) is emitted from incomplete combustion of fossil fuels, biomass, and biofuels; (2) recent studies have shown that, in the United States, old diesel engines are a major contributor of black carbon; (3)(A) the United States has made great progress in reducing black carbon emissions through regulations on new vehicles and engines and a voluntary national diesel retrofit program; but (B) there remain in the United States more than 11,000,000 diesel engines lacking the latest diesel emission control technology; and (4) the collection of information relating to, and research regarding, black carbon would be useful to identify cost- effective methods of reducing black carbon emissions in ways and from sources that would have beneficial effects on the public health and the climate. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Black carbon.--The term ``black carbon'' means any light-absorbing graphitic (such as elemental) particle produced by incomplete combustion. SEC. 3. STUDY OF BLACK CARBON EMISSIONS. (a) Study.--The Administrator, in consultation with the Secretary of Energy, the Secretary of State, and the heads of the National Oceanic and Atmospheric Administration, the National Aeronautics and Space Administration, the United States Agency for International Development, the National Institutes of Health, the Centers for Disease Control and Prevention, and other relevant Federal departments and agencies and representatives of appropriate industry and environmental groups, shall conduct a 4-phase study of black carbon emissions, the phases of which shall be the following: (1) Phase i-universal definition.--The Administrator shall conduct phase I of the study under this subsection to carry out measures to establish for the scientific community standard definitions of the terms-- (A) black carbon; and (B) organic carbon. (2) Phase ii-sources and technologies.--The Administrator shall conduct phase II of the study under this subsection to summarize the available scientific and technical information concerning-- (A) the identification of the major sources of black carbon emissions in the United States and throughout the world; (B) an estimate of-- (i) the quantity of current and projected future black carbon emissions from those sources; and (ii) the net climate effects of the emissions; (C) the most recent scientific data relevant to the public health- and climate-related impacts of black carbon emissions and associated emissions of organic carbon, nitrogen oxides, and sulfur oxides from the sources identified under subparagraph (A); (D) the most effective control strategies for additional domestic and international reductions in black carbon emissions, taking into consideration lifecycle analysis, cost-effectiveness, and the net climate impact of technologies, operations, and strategies, such as-- (i) diesel particulate filters on existing diesel on- and off-road engines; and (ii) particulate emission reduction measures for marine vessels; (E) carbon dioxide equivalency factors, global or regional modeling, or other metrics to compare the global warming and other climate effects of black carbon emissions with carbon dioxide and other greenhouse gas emissions; and (F) the health benefits associated with additional black carbon emission reductions. (3) Phase iii-international funding.--The Administrator shall conduct phase III of the study under this subsection-- (A) to summarize the amount, type, and direction of all actual and potential financial, technical, and related assistance provided by the United States to foreign countries to reduce, mitigate, or otherwise abate-- (i) black carbon emissions; and (ii) any health, environmental, and economic impacts associated with those emissions; and (B) to identify opportunities, including action under existing authority, to achieve significant black carbon emission reductions in foreign countries through the provision of technical assistance or other approaches. (4) Phase iv-research and development opportunities.--The Administrator conduct phase IV of the study under this subsection for the purpose of providing to Congress recommendations regarding-- (A) areas of focus for additional research for cost-effective technologies, operations, and strategies with the highest potential to reduce black carbon emissions and protect public health in the United States and internationally; and (B) actions that the Federal Government could take to encourage or require additional black carbon emission reductions. (b) Reports.--The Administrator shall submit to Congress-- (1) by not later than 180 days after the date of enactment of this Act, a report describing the results of phases I and II of the study under paragraphs (1) and (2) of subsection (a); (2) by not later than 270 days after the date of enactment of this Act, a report describing the results of phase III of the study under subsection (a)(3); and (3) by not later than 1 year after the date of enactment of this Act, a report describing the recommendations developed for phase IV of the study under subsection (a)(4). (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.	Requires the Administrator of the Environmental Protection Agency (EPA) to conduct a study of black carbon emissions, which shall include: (1) phase I to establish for the scientific community standard definitions of the terms black carbon and organic carbon; (2) phase II to summarize the available scientific and technical information concerning an identification of the major sources of black carbon emissions in the United States and throughout the world, an estimate of the quantity of current and projected emissions and the net climate effects of the emissions from those sources, the most effective control strategies for additional domestic and international reductions in black carbon emissions, and the health benefits associated with additional reductions; (3) phase III to summarize the amount, type, and direction of all actual and potential financial, technical, and related assistance provided by the United States to foreign countries to reduce, mitigate, or otherwise abate black carbon emissions and any health, environmental, and economic impacts associated with those emissions and to identify opportunities to achieve significant black carbon emission reductions in foreign countries through the provision of technical assistance or other approaches; and (4) phase IV to provide recommendations regarding areas of focus for additional research for cost-effective technologies, operations, and strategies with the highest potential to reduce black carbon emissions and protect public health and regarding government actions to encourage or require additional black carbon emission reduction. Sets forth reporting deadlines for each phase. Authorizes appropriations.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Health Equity Act of 2001''. SEC. 2. APPROVAL OF UP TO 4 STATE WAIVERS TO ALLOW TITLE XXI ALLOTMENTS TO BE USED FOR INCREASING THE ENROLLMENT OF MEDICAID CHILDREN. (a) Definitions.--In this section: (1) Child.--With respect to a State, the term ``child'' has the meaning given such term for purposes of the State medicaid program under title XIX of the Social Security Act. (2) Child health assistance.--The term ``child health assistance'' has the meaning given that term in section 2110(a) of the Social Security Act (42 U.S.C. 1397jj(a)). (3) Enhanced fmap.--The term ``enhanced FMAP'' has the meaning given that term in section 2105(b) of such Act (42 U.S.C. 1397ee(b)). (4) Federal medical assistance percentage.--The term ``Federal medical assistance percentage'' has the meaning given that term in section 1905(b) of such Act (42 U.S.C. 1396d(b)). (5) Poverty line.--The term ``poverty line'' has the meaning given that term in section 2110(c)(5) of such Act (42 U.S.C. 1397jj(c)(5)). (6) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (7) State child health plan.--The term ``State child health plan'' has the meaning given that term under section 2110(c)(7) of such Act (42 U.S.C. 1397jj(c)(7)). (b) Approval of Certain Waivers.--The Secretary shall approve not more than 4 waiver applications under which the Secretary shall pay to a State that the Secretary determines satisfies the requirements described in subsection (c) the payment authorized under subsection (d). (c) Requirements.--The requirements described in this subsection are the following: (1) SCHIP income eligibility.--The State has a State child health plan that (whether implemented under title XIX or XXI of the Social Security Act)-- (A) has the highest income eligibility standard permitted under title XXI of such Act as of January 1, 2001; (B) subject to paragraph (2), does not limit the acceptance of applications for children; and (C) provides benefits to all children in the State who apply for and meet eligibility standards on a statewide basis. (2) No waiting list imposed.--With respect to children whose family income is at or below 200 percent of the poverty line, the State does not impose any numerical limitation, waiting list, or similar limitation on the eligibility of such children for child health assistance under such State plan. (3) Additional requirements.--The State has implemented at least 4 of the following policies and procedures (relating to coverage of children under titles XIX and title XXI of the Social Security Act): (A) Uniform, simplified application form.--With respect to children who are eligible for medical assistance under section 1902(a)(10)(A) of that Act (42 U.S.C. 1396a(a)(10)(A)), the State uses the same uniform, simplified application form (including, if applicable, permitting application other than in person) for purposes of establishing eligibility for benefits under titles XIX and XXI of that Act. (B) Elimination of asset test.--The State does not apply any asset test for eligibility under section 1902(l) or title XXI of the Social Security Act (42 U.S.C. 1396a(l), 1397aa et seq.) with respect to children. (C) Adoption of 12-month continuous enrollment.-- The State provides that eligibility shall not be regularly redetermined more often than once every year under title XXI of such Act or for children described in section 1902(a)(10)(A) of such Act (42 U.S.C. 1396a(a)(10)(A)). (D) Same verification and redetermination policies; automatic reassessment of eligibility.--With respect to children who are eligible for medical assistance under section 1902(a)(10)(A) of such Act (42 U.S.C. 1396a(a)(10)(A)), the State provides for initial eligibility determinations and redeterminations of eligibility using the same verification policies (including with respect to face-to-face interviews), forms, and frequency as the State uses for such purposes under title XXI of that Act, and, as part of such redeterminations, provides for the automatic reassessment of the eligibility of such children for assistance under titles XIX and XXI. (E) Outstationing enrollment staff.--The State provides for the receipt and initial processing of applications for benefits under title XXI of such Act and for children under title XIX of that Act at facilities defined as disproportionate share hospitals under section 1923(a)(1)(A) of such Act (42 U.S.C. 1396r-4(a)(1)(A)) and Federally-qualified health centers described in section 1905(l)(2)(B) of that Act (42 U.S.C. 1396d(l)(2)(B)) consistent with section 1902(a)(55) of that Act (42 U.S.C. 1396a(a)(55)). (d) Payment Authorized.-- (1) In general.--Notwithstanding any provision of title XIX or XXI of the Social Security Act, or any other provision of law, with respect to a State with a waiver approved under this section that satisfies the requirements of subsection (c) (and that otherwise has a State child health plan approved under title XXI of the Social Security Act), the Secretary shall pay to the State from its allotment under section 2104 of the Social Security Act (42 U.S.C. 1397dd) an amount for each fiscal year (beginning with fiscal year 2002) determined under subparagraph (D) as follows: (A) Base expenditure amount.--The Secretary shall determine the total amount of expenditures for medical assistance under title XIX of the Social Security Act in the State for children described in paragraph (2) for fiscal year 1995. (B) Current expenditure amount.--The Secretary shall determine the total amount of expenditures for medical assistance under title XIX of such Act in the State for children described in paragraph (2) for the fiscal year involved. (C) Increased expenditures.--The Secretary shall determine the number (if any) by which the total amount determined under subparagraph (B) exceeds the total amount determined under subparagraph (A). (D) Bonus amount.--The amount determined under this subparagraph for a fiscal year is equal to the product of the following: (i) The total amount determined under subparagraph (C). (ii) The difference between the enhanced FMAP and the Federal medical assistance percentage for that State for the fiscal year involved. (2) Children described.--For purposes of paragraph (1)(A), the children described in this paragraph are-- (A) children who are eligible and enrolled for medical assistance under title XIX of the Social Security Act; and (B) children who-- (i) would be described in subparagraph (A) but for having family income that exceeds the highest income eligibility level applicable to such individuals under the State plan; and (ii) would be considered disabled under section 1614(a)(3)(C) of the Social Security Act (42 U.S.C. 1382c(a)(3)(C)) (determined without regard to the reference to age in that section but for having earnings or deemed income or resources, as determined under title XVI of such Act for children) that exceed the requirements for receipt of supplemental security income benefits. (3) Order of title xxi payments.--With respect to a State with a waiver approved under this section, payments to the State under section 2105(a) of the Social Security Act (42 U.S.C. 1397ee(a)) for a fiscal year shall, notwithstanding paragraph (2) of such section, be made in the following order: (A) First, for expenditures for items described in paragraph (1)(A) of section 2105(a) of such Act. (B) Second, for expenditures for items described in paragraph (1)(B) of such section. (C) Third, for the payment authorized under subsection (d)(1) of this section. (D) Fourth, for expenditures for items described in paragraph (1)(C) of section 2105(a) of the Social Security Act. (E) Fifth, for expenditures for items described in paragraph (1)(D) of such section.	Children's Health Equity Act of 2001 - Directs the Secretary of Health and Human Services to approve not more than four waiver applications to allow a State to use its allotment under the State children's health insurance programs (SCHIP) under title XXI of the Social Security Act to increase the enrollment of children eligible for medical assistance under the Medicaid program under title XIX of such Act.
SECTION 1. CERTAIN CENTRIFUGE MEDIUM FREQUENCY DRIVE SUPPLY. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.xx.xx Centrifuge medium Free No change No change On or before 12/ ''. frequency drive 31/2009 supply, including medium frequency centrifuge drive converters, distribution and protection systems (isotopic separation equipment), for the construction of an isotopic separation facility in southern New Mexico (provided for in subheading 8401.20.00)...... ''.SEC. 2. CERTAIN CENTRIFUGE SUPPLY AND SUPPORT SYSTEMS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.xx.xx Centrifuge supply Free No change No change On or before 12/ ''. and support 31/2009 systems, including centrifuge monitoring system, proprietary centrifuge protection system (isotopic separation equipment), for the construction of an isotopic separation facility in southern New Mexico (provided for in subheading 8401.20.00)...... ''.SEC. 3. CERTAIN CENTRIFUGE PLANT CONTROL SYSTEM. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.xx.xx Centrifuge plant Free No change No change On or before 12/ ''. control system, 31/2009 including proprietary software and hardware integration for core plant control systems (isotopic separation equipment), for the construction of an isotopic separation facility in southern New Mexico (provided for in subheading 8401.20.00)...... ''.SEC. 4. CERTAIN CASCADE HEADER PIPE-WORK MODULES. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.xx.xx Cascade header Free No change No change On or before 12/ ''. pipe-work modules 31/2009 (CHP), including approximately 2,000 modules specially designed to allow the correct distribution of the process gas into the cascade and made of a special grade aluminum, for the construction of an isotopic separation facility in southern New Mexico (provided for in subheading 8401.20.00)...... ''.SEC. 5. CERTAIN CASCADE VALVE FRAMES. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.xx.xx Cascade valve Free No change No change On or before 12/ ''. frames, including 31/2009 approximately 50 manifold units to be the interface from the main process plant to the cascade and specially designed to enable optimum operation of the cascades, for the construction of an isotopic separation facility in southern New Mexico (provided for in subheading 8401.20.00)...... ''.SEC. 6. CERTAIN CENTRIFUGE PROCESS GAS EQUIPMENT. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.xx.xx Centrifuge process Free No change No change On or before 12/ ''. gas equipment 31/2009 (isotopic separation equipment) consisting of centrifuge process gas aluminum pipe work of special grade aluminum tubing, centrifuge process gas valves, specially designed for optimum flow control of process gas, and centrifuge process gas delivery pump sets, for the construction of an isotopic separation facility in southern New Mexico (provided for in subheading 8401.20.00)...... ''.	Amends the Harmonized Tariff Schedule of the United States to suspend temporarily the duty on certain structures, parts, and components for use in an isotopic separation facility.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Substance Use Disorder Workforce Loan Repayment Act of 2018''. SEC. 2. LOAN REPAYMENT PROGRAM FOR SUBSTANCE USE DISORDER TREATMENT EMPLOYEES. Title VII of the Public Health Service Act is amended-- (1) by redesignating part F as part G; and (2) by inserting after part E (42 U.S.C. 294n et seq.) the following: ``PART F--SUBSTANCE USE DISORDER TREATMENT EMPLOYEES ``SEC. 781. LOAN REPAYMENT PROGRAM FOR SUBSTANCE USE DISORDER TREATMENT EMPLOYEES. ``(a) In General.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall carry out a program under which-- ``(1) the Secretary enters into agreements with individuals to make payments in accordance with subsection (b) on the principal of and interest on any eligible loan; and ``(2) the individuals each agree to complete a period of service in a substance use disorder treatment job, as described in subsection (d). ``(b) Payments.--For each year of obligated service by an individual pursuant to an agreement under subsection (a), the Secretary shall make a payment to such individual as follows: ``(1) Service in a shortage area.--The Secretary shall pay-- ``(A) for each year of obligated service by an individual pursuant to an agreement under subsection (a), \1/6\ of the principal of and interest on each eligible loan of the individual which is outstanding on the date the individual began service pursuant to the agreement; and ``(B) for completion of the sixth and final year of such service, the remainder of such principal and interest. ``(2) Maximum amount.--The total amount of payments under this section to any individual shall not exceed $250,000. ``(c) Eligible Loans.--The loans eligible for repayment under this section are each of the following: ``(1) Any loan for education or training for a substance use disorder treatment job. ``(2) Any loan under part E of title VIII (relating to nursing student loans). ``(3) Any Federal Direct Stafford Loan, Federal Direct PLUS Loan, Federal Direct Unsubsidized Stafford Loan, or Federal Direct Consolidation Loan (as such terms are used in section 455 of the Higher Education Act of 1965). ``(4) Any Federal Perkins Loan under part E of title I of the Higher Education Act of 1965. ``(5) Any other Federal loan as determined appropriate by the Secretary. ``(d) Period of Service.--The period of service required by an agreement under subsection (a) shall consist of up to 6 years of full- time employment, with no more than one year passing between any two years of covered employment, in a substance use disorder treatment job in the United States in-- ``(1) a Mental Health Professional Shortage Area, as designated under section 332; or ``(2) a county (or a municipality, if not contained within any county) where the mean drug overdose death rate per 100,000 people over the past 3 years for which official data is available from the State, is higher than the most recent available national average overdose death rate per 100,000 people, as reported by the Centers for Disease Control and Prevention. ``(e) Ineligibility for Double Benefits.--No borrower may, for the same service, receive a reduction of loan obligations or a loan repayment under both-- ``(1) this subsection; and ``(2) any federally supported loan forgiveness program, including under section 338B, 338I, or 846 of this Act, or section 428J, 428L, 455(m), or 460 of the Higher Education Act of 1965. ``(f) Breach.-- ``(1) Liquidated damages formula.--The Secretary may establish a liquidated damages formula to be used in the event of a breach of an agreement entered into under subsection (a). ``(2) Limitation.--The failure by an individual to complete the full period of service obligated pursuant to such an agreement, taken alone, shall not constitute a breach of the agreement, so long as the individual completed in good faith the years of service for which payments were made to the individual under this section. ``(g) Additional Criteria.--The Secretary-- ``(1) may establish such criteria and rules to carry out this section as the Secretary determines are needed and in addition to the criteria and rules specified in this section; and ``(2) shall give notice to the committees specified in subsection (h) of any criteria and rules so established. ``(h) Report to Congress.--Not later than 5 years after the date of enactment of the Substance Use Disorder Workforce Loan Repayment Act of 2018, and every other year thereafter, the Secretary shall prepare and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on-- ``(1) the number and location of borrowers who have qualified for loan repayments under this section; and ``(2) the impact of this section on the availability of substance use disorder treatment employees nationally and in shortage areas and counties described in subsection (d). ``(i) Definition.--In this section: ``(1) The term `municipality' means a city, town, or other public body created by or pursuant to State law, or an Indian Tribe. ``(2) The term `substance use disorder treatment job' means a full-time job (including a fellowship)-- ``(A) where the primary intent and function of the job is the direct treatment or recovery support of patients with or in recovery from a substance use disorder, such as a physician, physician assistant, registered nurse, nurse practitioner, advanced practice registered nurse, social worker, recovery coach, mental health counselor, addictions counselor, psychologist or other behavioral health professional, or any other relevant professional as determined by the Secretary; and ``(B) which is located at a substance use disorder treatment program, private physician practice, hospital or health system-affiliated inpatient treatment center or outpatient clinic (including an academic medical center-affiliated treatment program), correctional facility or program, youth detention center or program, inpatient psychiatric facility, crisis stabilization unit, community health center, community mental health or other specialty community behavioral health center, recovery center, school, community-based organization, telehealth platform, migrant health center, health program or facility operated by a tribe or tribal organization, Federal medical facility, or any other facility as determined appropriate for purposes of this section by the Secretary. ``(j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2019 through 2028.''.	Substance Use Disorder Workforce Loan Repayment Act of 2018 This bill amends the Public Health Service Act to create a loan repayment program for individuals who complete a period of service in a substance use disorder treatment job in a mental health professional shortage area or a county where the drug overdose death rate is higher than the national average. The substance use disorder treatment job must be a full-time position where the primary intent and function is the direct care of patients with or in recovery from a substance use disorder. Individuals must enter into an agreement of service of up to six years with the Health Resources and Services Administration. The repayment program shall pay one-sixth of the principal and interest on any eligible loan for each year of service; the maximum total amount of repayment by the program is $250,000 per individual.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Law Officer's Armor Vest Tax Credit Act of 1997''. SEC. 2. CREDIT FOR AN ARMOR VEST PURCHASE. (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 23 the following new section: ``SEC. 24. PURCHASE OF AN ARMOR VEST BY A LAW ENFORCEMENT OFFICER. ``(a) Allowance of Credit.--In the case of an individual who is a law enforcement officer, there shall be allowed as a credit against the tax imposed by this chapter an amount equal to 100 percent of the amount paid by the taxpayer for the purchase of an armor vest. ``(b) Limitations.-- ``(1) Maximum credit.--The credit allowed under subsection (a) shall not exceed $1,200 for each law enforcement officer. ``(2) Limitation to one vest.--The credit under this section shall be allowed with respect to the purchase of only one vest by the law enforcement officer within a 3-year period. ``(3) Carryforward of unused credits.--If the credit allowable under subsection (a) for any taxable year exceeds the limitation imposed by section 26(a) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section and section 23), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. No credit may be carried forward under this subsection to any taxable year following the third taxable year after the taxable year in which the armor vest is purchased. For purposes of the preceding sentence, credits shall be treated as used on a first-in first-out basis. ``(c) Definitions and Special Rules.-- ``(1) Law enforcement officer.-- ``(A) In general.--The term `law enforcement officer' means any officer, agent, or employee of the United States or any State, territory, or political subdivision thereof as authorized by law or by a Government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of Federal, State, territorial, or local criminal law. ``(B) Certain individuals.--Such term includes-- ``(i) a sworn correctional officer of the United States or any State, territory, or political subdivision thereof as authorized by law, and ``(ii) a private campus or educational institution security officer who has been granted special police powers under law. ``(2) Armor vest.--The term `armor vest' means-- ``(A) body armor, Type I or Type II-A, which protects against .357 Magnum jacketed soft point bullets, with nominal masses of 10.2 g (158 gr) impacting at a velocity of 381 meters (1250 feet) per second or less, and 9mm full metal jacketed bullets, with nominal masses of 8.0 g (124 gr), impacting at a velocity of 332 meters (1080 feet) per second or less; or ``(B) body armor which exceeds the specifications stated in subparagraph (A), and which the law enforcement officer's agency or department permits the officer to wear on duty. ``(3) Special rule.--No credit shall be allowed under subsection (a) if-- ``(A) the law enforcement officer has been issued an armor vest by such officer's agency or department for such officer's indefinite personal use, or ``(B) the law enforcement officer has been offered, within the 12-month period prior to the acquisition of the armor vest, an armor vest by such officer's agency or department for such officer's indefinite personal use, but has declined to accept such offer. ``(e) Recapture for Certain Dispositions.-- ``(1) In general.--If the taxpayer disposes of property with respect to the purchase of which a credit was allowed under subsection (a) at any time within the 36-month period beginning on the date the taxpayer acquired such property, then the tax imposed under this chapter for the taxable year in which such disposition occurs shall be increased by an amount equal to the amount allowed as a credit for the purchase of such property. ``(2) Death of owner; casualty loss; involuntary conversion; etc.--Paragraph (1) shall not apply to-- ``(A) a disposition of an armor vest on account of the death of any individual having a legal or equitable interest therein occurring during such 36-month period, ``(B) a disposition of an armor vest on account of the law enforcement officer losing such officer's status as a law enforcement officer, whether involuntary or not, during such 36-month period, ``(C) a disposition of an armor vest during such 36-month period if such vest is damaged, destroyed, or rendered unusable by-- ``(i) any bullet, ``(ii) theft or casualty loss, or ``(iii) compulsory or involuntary conversion (within the meaning of section 1033), or ``(D) a disposition of an armor vest during such 36-month period pursuant to a settlement in a divorce or legal separation proceeding pursuant to which the armor vest is sold.'' (b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 23 the following new item: ``Sec. 24. Purchase of an armor vest by a law enforcement officer.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1996.	Law Officer's Armor Vest Tax Credit Act of 1997 - Amends the Internal Revenue Code to permit, for a law enforcement officer, a credit for 100 percent of the costs (up to $1,200) of an armor vest purchased by the officer.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Disclosing Aid Spent to Ensure Relief Act'' or the ``DISASTER Act''. SEC. 2. FINDINGS. Congress finds the following: (1) At a time of constrained budgets, it is fiscally prudent to understand the amount and the scope of the Federal Government's involvement in providing disaster-related assistance to communities in need. (2) The Federal Government does not provide a single, publicly available estimate of the amount it is spending on disaster-related assistance. (3) Because recovery is a long-term process, providing disaster-related assistance requires significant Federal resources to support a multi-agency, multi-year restoration of infrastructure and commerce in affected communities. (4) Understanding the expenditures of individual Federal agencies for disaster-related assistance will help better inform the congressional appropriations process, as well as presidential budget requests. (5) Knowledge about disaster-related expenses will illustrate opportunities for reducing these expenses through efforts to reduce vulnerabilities to future natural disasters. SEC. 3. PURPOSE. The purpose of this Act is to require the Director of the Office of Management and Budget to annually submit to Congress a report on all disaster-related assistance provided by the Federal Government. SEC. 4. REPORTING OF DISASTER-RELATED ASSISTANCE. (a) In General.--Chapter 11 of title 31, United States Code, is amended by adding at the end the following new section: ``Sec. 1126. Reporting of disaster-related assistance ``(a) In General.--On the same day that the President makes the annual budget submission to the Congress under section 1105(a) for a fiscal year, the Director of the Office of Management and Budget shall submit to Congress a report on Federal disaster-related assistance for the fiscal year ending in the calendar year immediately preceding the calendar year in which the annual budget submission is made. Disaster- related assistance encompasses Federal obligations related to disaster response, recovery, and mitigation efforts, as well as administrative costs associated with these activities, including spending by the following agencies and programs: ``(1) Department of Agriculture: ``(A) Agriculture Research Service. ``(B) Farm Service Agency. ``(C) Food and Nutrition Service. ``(D) Natural Resource Conservation Service. ``(E) Forest Service. ``(F) Rural Housing Service. ``(G) Rural Utilities Service. ``(2) Department of Commerce: ``(A) National Marine Fisheries Service of the National Oceanic and Atmospheric Administration. ``(B) Economic Development Administration Economic Adjustment Assistance. ``(3) Army Corps of Engineers of the Department of Defense (Civil). ``(4) Department of Defense (Military): ``(A) Military Personnel. ``(B) Operations and Maintenance. ``(C) Procurement. ``(D) Research, Development, Test, and Evaluation. ``(E) Military Construction (MILCON) and Family Housing. ``(F) Management Funds. ``(G) Other Department of Defense Programs. ``(5) Department of Education: ``(A) Elementary and Secondary Education. ``(B) Higher Education. ``(6) Department of Health and Human Services: ``(A) Administration for Children and Families. ``(B) Public Health and Medical Assistance. ``(C) Public Health Emergency Fund. ``(7) Department of Homeland Security: ``(A) Federal Emergency Management Agency: ``(i) Emergency Declarations. ``(ii) Fire Management Assistance Grants. ``(iii) Major Disaster Declarations. ``(iv) Administrative Assistance. ``(B) FEMA Missions Assignments by Federal Agency. ``(C) Community Disaster Loan Program. ``(8) Department of Housing and Urban Development (HUD): ``(A) Community Development Block Grants. ``(B) Rental Assistance/Section 8 Vouchers. ``(C) Supportive Housing. ``(D) Public Housing Repair. ``(E) Inspector General. ``(9) Department of the Interior: ``(A) Bureau of Indian Affairs. ``(B) United States Fish and Wildlife Service. ``(C) National Park Service. ``(D) Wildland Fire Management. ``(10) Department of Justice: ``(A) Legal Activities. ``(B) United States Marshals Service. ``(C) Federal Bureau of Investigation. ``(D) Drug Enforcement Administration. ``(E) Bureau of Tobacco, Firearms, and Explosives. ``(F) Federal Prison System (Bureau of Prisons). ``(G) Office of Justice Programs. ``(11) Department of Labor: ``(A) National Emergency Grants for Dislocation Events. ``(B) Workforce Investment Act (WIA) Dislocated Worker Program. ``(12) Department of Transportation: ``(A) Federal Highway Administration: Emergency Relief Program (ER). ``(B) Federal Aviation Administration (FAA). ``(C) Federal Transit Administration (FTA). ``(13) Department of the Treasury: Internal Revenue Service. ``(14) Department of Veterans Affairs. ``(15) Corporation for National and Community Service. ``(16) Environmental Protection Agency: ``(A) Hurricane Emergency Response Authorities. ``(B) EPA Hurricane Response. ``(C) EPA Regular Appropriations. ``(17) The Federal Judiciary. ``(18) Disaster Assistance Program of the Small Business Administration. ``(19) Other authorities as appropriate. ``(b) Content.--The report shall detail the following: ``(1) Overall amount of disaster-related assistance obligations during the fiscal year. ``(2) Disaster-related assistance obligations by agency and account. ``(3) Disaster for which the spending was obligated. ``(4) Obligations by disaster. ``(5) Disaster-related assistance by disaster type. ``(6) Response and recovery spending. ``(7) Mitigation spending. ``(8) Spending in the form of loans. ``(9) Spending in the form of grants. ``(c) Availability of Report.--The report shall be made publicly available on the website of the Office of Management and Budget and should be searchable, sortable and downloadable.''. (b) Conforming Amendment.--The table of chapters for chapter 11 of title 31, United States Code, is amended by adding at the end the following new item: ``1126. Reporting of disaster-related assistance.''. SEC. 5. EFFECTIVE DATE. The reporting requirement under the amendment made by section 3(a) shall take effect with the budget submission of the President under section 1105(a) of title 31, United States Code, for fiscal year 2017.	Disclosing Aid Spent to Ensure Relief Act or the DISASTER Act - Requires the Director of the Office of Management and Budget (OMB) to submit annually to Congress a report on all disaster-related assistance provided by the federal government. Requires the report to include all federal obligations related to disaster response, recovery, mitigation efforts, and administrative costs associated with these activities for specified agencies and programs.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping Those Who Serve Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Increasing numbers of members of the Armed Forces serving in Afghanistan and Iraq are suffering from the significant injuries of the current conflict: post traumatic stress disorder and traumatic brain injury (hereafter in this Act referred to as ``PTSD'' and ``TBI'', respectively) . (2) A recent report by the RAND Corporation estimated that of the 1.64 million individuals who have been deployed to Afghanistan and Iraq, approximately 300,000 individuals currently suffer from PTSD or major depression and that 320,000 report having a probable TBI during deployment. (3) The need for mental health services is likely to increase because deployment lengths have increased in the last year, the number of troops who have served in multiple deployments is increasing, and the breaks between deployments have been infrequent. (4) Several experts have noted the difficulties faced by members of the Armed Forces in getting screened, diagnosed, and treated for PTSD and TBI. The RAND report found that, of those who met diagnostic criteria for PTSD or major depression, only 53 percent had seen a physician or mental health provider to seek help for a mental health problem in the past 12 months. (5) Stigma remains a critical barrier to members of the Armed Forces who may be in need of psychological care, especially fears that seeking mental health care will lower the confidence of others in their abilities, threaten career advancement and security clearances, and possibly cause removal from their unit. (6) Stigma may be greatest among those individuals with the greatest need for mental health services. (7) To combat stigma, the Mental Health Task Force of the Department of Defense and others have noted the need for the Department to reexamine its policies, including those policies related to command notification or self-disclosure of psychological health issues that contribute to fears that seeking mental health care will negatively affect career opportunities or advancement. (8) The Mental Health Task Force stated that this ``widespread perception that seeking psychological health services is costly to an individual's career . . . must be challenged through thoughtful refinements in command notification policies, including redefining the balance between the need to encourage those in need to seek help and the need for commanders to know in order to maintain force readiness''. (9) Congress recognizes that much change is under way to implement numerous recommendations to address concerns that soldiers in need of mental health services for PTSD and other conditions are not receiving, including efforts led by the Department of Defense and the Department of Veterans Affairs. (10) However, without addressing stigma at all levels, including structurally, these laudable efforts may not accomplish their goals. (11) In its July 2007 report, the Mental Health Task Force called for ending overly conservative policies that have the unintentional consequence of fueling erroneous beliefs that seeking psychological health care invariably results in permanent damage to one's military career. For example, the Task Force called for allowing, in the case of alcohol use by a member of the Armed Forces, for the member to receive appropriate and non-prejudicial education and preventive services, without a requirement for command notification, when, in a clinician's judgment, the alcohol use does not warrant a diagnosis of substance abuse or dependency or does not require entry into a formal treatment program. (12) In May, responding to some of these concerns, Secretary of Defense Robert Gates reportedly approved a change in the Department's security clearance process to help remove the stigma associated with seeking mental health care. Under the change, members of the Armed Forces and employees of the Department of Defense who have received mental health care will no longer have to acknowledge that when they fill out standard security clearance forms, unless the treatment was court- ordered or involved violence. (13) Congress encourages the Department to explore further changes to notification and other policies to further reduce stigma among members of the Armed Forces, especially as it relates to career opportunities. SEC. 3. MENTAL HEALTH SERVICES ACCESS DEMONSTRATION PROJECT. (a) Demonstration Project Required.--The Secretary of Defense shall conduct a demonstration project designed to develop and test options for the following: (1) Increasing access of members of the Armed Forces returning from deployment abroad, and family members of such members, to accessible, safe, and confidential mental health counseling. (2) Reducing stigma and perceived career repercussions associated with such members seeking such services. (3) Making high quality mental health services more user friendly and accessible for members of the Armed Forces and their family members, including making services available outside standard working hours. (b) Purpose.--The purpose of the demonstration project is to provide high-quality treatment, using (to the extent practicable) evidence-based treatment, for a broad range of mental health conditions, including post-traumatic stress disorder and depression, with the goal of early intervention to promote effective coping and resilience. (c) Duration of Project.--The demonstration project authorized by this section shall be implemented for a period of three years beginning not later than one year after the date of the enactment of this Act. SEC. 4. SPECIAL WORKING GROUP ON CONFIDENTIALITY. (a) Establishment.--The Secretary of Defense, acting through the Assistant Secretary of Defense for Health Affairs, shall establish a Special Working Group, which shall be composed of mental health professionals from each of the Armed Forces, officials from the Surgeon General Offices at each Armed Force, members of the Armed Forces who have been deployed in support of Operation Enduring Freedom or Operation Iraqi Freedom, and other members as determined appropriated by the Assistant Secretary. (b) Appointment.--The Secretary shall make every effort to appoint members of the working group not later than 60 days after the date of the enactment of this Act. (c) Purpose.--The Special Working Group shall develop guidelines and make recommendations about regulations to ensure that confidentiality is protected to the maximum extent possible for members of the Armed Forces participating in the demonstration project. (d) Specific Duties.--In addition to such other duties as the Secretary may assign to the Working Group, the duties of the Working Group shall include the following: (1) Review of requirements for documentation of health care visits.--The review of current policies, questionnaires, and other relevant documents that require official documentation of health care visits by a member of the Armed Forces seeking mental health services, including when access to such services must be documented in the personnel record of a member. (2) Criteria for changes to command notification.--The development of guidelines and criteria for the demonstration project to address any needed changes to military command notification requirements to ensure that a visit to an off-base treatment site by a member of the Armed Forces for mental health services is not recorded on any military medical or other record of the member, except in accordance with guidelines developed under paragraph (3). (3) Guidelines for breach of confidentiality.--The development of guidelines for the demonstration project to address the circumstances under which the confidentiality protections afforded to a member of the Armed Forces participating in the demonstration project may be breached and notification to military commanders and documentation in personnel records may be made. Such guidelines shall provide, in general, that confidentiality may be broken only if a mental health professional determines that the member is a threat to the member or to another person. (4) Criteria to limit access to treatment records.--The development of criteria for the demonstration project for limiting access to the treatment records of members of the Armed Forces treated at the demonstration locations, including when to allow, if appropriate, appropriate access and notification to military commanders consistent with guidelines developed under paragraph (3). (5) Criteria for fitness for duty.--The development of criteria for determining fitness for duty and deployment for a member of the Armed Forces that does not depend solely on the number of visits to mental health providers by the member. (6) Guidelines for payment.--The development of guidelines for ensuring that demonstration sites under the demonstration project receive payment from the Department of Defense for treating members of the Armed Forces notwithstanding any requirements of the Department that prohibit such payments without certain commander notification or personnel documentation requirements. (7) Changes related to disclosure of services received under project.--The provision of changes as necessary to ensure that those receiving care at demonstration locations are not required to reveal any services they receive at these locations on any military form or questionnaire, except to comply with any guidelines developed under paragraph (3). (8) Standards to assess effectiveness of project.--The development of evaluation standards and criteria to use to assess the effectiveness of the demonstration project in increasing access to care, decreasing stigma, and improving high quality mental health care provided to members of the Armed Forces. As appropriate, the evaluation should be structured to include both pre- and post-demonstration assessments of changes in-- (A) access and utilization of care; (B) costs of care; (C) outcomes of care; (D) member satisfaction with access to and quality of care; and (E) impact on the ability of military commanders to determine member fitness for duty and deployability. (e) Submission of Plan and Deadline.-- (1) Plan.--The Special Working Group shall submit to the Secretary of Defense a plan with details on the implementation and evaluation of the demonstration project. After approval of the plan by the Secretary, the Special Working Group shall submit to Congress the plan. (2) Deadline.--All duties of the Special Working group, including submission of the plan under paragraph (1), shall be completed before selection of any site of the demonstration project under section 3 but in no case shall the date of completion of such duties be later than one year after the date of the enactment of this Act. (f) Application of Guidelines and Recommendations.--The guidelines and other recommendations, including changes and standards, developed by the Special Working Group under this section shall be applicable only to the demonstration project unless the Secretary of Defense determines otherwise. SEC. 5. ADVISORY GROUP FOR OVERSIGHT OF DEMONSTRATION PROGRAM. (a) Establishment.--The Secretary of Defense shall establish an advisory group of qualified individuals to oversee implementation of the demonstration project. (b) Duties.--The advisory group shall-- (1) ensure that the demonstration project adheres to the guidelines developed by the Special Working Group under section 4; (2) ensure that plans for implementing the demonstration at selected sites are developed and include-- (A) outreach strategies to ensure that participants in the project are informed about the availability of the programs being provided under the project; and (B) a plan for training and certifying mental health providers as well as the development of strategies and settings, including settings that are not located at military treatment facilities, where care can be offered; (3) ensure that the demonstration project has detailed evaluation plans, using the criteria and standards developed by the Special Working Group; and (4) ensure that independent evaluations of the demonstration project are conducted in accordance with the guidelines developed by the Special Working Group, and that the results of those evaluations are provided to the Secretary of Defense. SEC. 6. REPORTS ON DEMONSTRATION PROJECT. (a) Reports Required.-- (1) In general.--The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives two reports on the demonstration project. (2) First report.--The first report shall examine and assess the plan developed by the Special Working Group under section 4(e)(1) for implementation and evaluation of the demonstration project. (3) Second report.--The second report shall include the following: (A) The results of the demonstration project, evaluated in accordance with the guidelines and other criteria, changes, and standards developed by the Special Working Group. (B) Recommendations on whether any of the policy changes tested in the demonstration project should be adopted throughout the Department of Defense. (C) A plan to ensure that each member of the Armed Forces participating in the demonstration project continues to have access to mental health services and providers after the conclusion of the demonstration project. (b) Deadlines.--The first report under this section shall be submitted not later than one year after the date the demonstration project begins to be implemented. The second report shall be submitted at the completion of the demonstration project. SEC. 7. STUDY AND REPORT ON RETENTION OF MILITARY MENTAL HEALTH PROFESSIONALS. (a) Study.--The Secretary of Defense, in consultation with the Surgeon General of each branch of the Armed Forces, shall conduct a study to determine the reasons for attrition among military mental health professionals and to make recommendations to increase recruitment and retention of military mental health professionals, such as through scholarships, loan forgiveness, or updates in current recruiting bonuses. (b) Report.--Not later than six months after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the study conducted and recommendations made under subsection (a), including-- (1) the estimated cost of implementing each such recommendation; (2) with respect to each branch of the Armed Forces, an estimate of the existing number of military mental health professionals and the estimated number of such professionals required to meet demand, including for future years, for mental health services; and (3) any recommendations for legislative changes necessary to implement the recommendations made under such study. (c) Military Mental Health Professional Defined.--For purposes of this section, the term ``military mental health professional'' means a mental health professional who provides mental health services to members of the Armed Forces, whether such professional is a member of the Armed Forces, an employee of the Department of Defense, or a contractor of the Department of Defense.	Helping Those Who Serve Act - Directs the Secretary of Defense to conduct a demonstration project (project) designed to: (1) increase access of members of the Armed Forces (members) returning from deployment abroad, and their families, to accessible, safe, and confidential mental health counseling; (2) reduce the stigma and career repercussions associated with seeking such services; and (3) make high-quality mental health services more user-friendly to such members and their families. Requires the Secretary to: (1) establish a Special Working Group to develop guidelines and recommendations to ensure the protection of confidentiality for members participating in the project; (2) establish an advisory group to oversee project implementation; (3) submit project reports to the congressional defense committees; and (4) conduct a study of reasons for attrition among military mental health professionals, and make recommendations to increase the recruitment and retention of such individuals.
SECTION 1. PRESIDENTIAL CERTIFICATIONS. (a) Certifications Regarding Environmental Agreement.-- (1) Annual certifications.--The President shall, on the basis of the reports prepared under paragraph (2), submit to the Congress, not later than May 31 of each year, a report that certifies whether or not each NAFTA country is meeting commitments made in the North American Agreement on Environmental Cooperation-- (A) to ensure that the regulations of that country establish and enforce levels of environmental protection that meet the requirements of its constitution and other laws setting forth the country's policy on environmental protection; and (B) to effectively enforce the laws referred to in paragraph (1). (2) Basis of certification.--The Administrator of the Environmental Protection Agency shall prepare for the President an annual report on the enforcement by each NAFTA country of its laws governing environmental protection, and its progress in protecting the environment in accordance with its development. In doing so, the Administrator shall consider the country's-- (A) air quality standards; (B) water effluent standards; and (C) hazardous waste disposal standards. Each report under this paragraph shall be transmitted to the President not later than 30 days before the date on which the President is required to submit his report under paragraph (1). (b) Certifications Regarding Labor Agreement.-- (1) Annual certifications.--The President shall, on the basis of the reports prepared under paragraph (2), submit to the Congress, not later than May 31 of each year, a report that certifies whether or not each NAFTA country is meeting commitments made in the North American Agreement on Labor Cooperation to comply with the objectives of that Agreement to promote and improve laws protecting worker rights and to promote compliance with these laws by using appropriate methods such as-- (A) monitoring and on-site inspection by trained; (B) encouragement of voluntary compliance by employers; (C) mandatory reporting by employers to appropriate governmental authorities; and (E) enforcement actions. (2) Basis of certification.--The Secretary of Labor shall prepare for the President an annual report on the enforcement by each NAFTA country of its laws protecting worker rights. In doing so, the Secretary shall consider the country's enforcement of such laws in accordance with the following labor principles (as stated in the Preamble of the North American Agreement on Labor Cooperation): (A) Freedom of association. (B) The right to bargain collectively. (C) The right to strike. (D) Prohibition on forced labor. (E) Restrictions on labor by children and young people. (F) Minimum employment standards. (G) Elimination of employment discrimination. (H) Equal pay for men and women. (I) Prevention of occupational accidents and diseases. (J) Compensation in cases of work accidents and occupational diseases. Each report under this paragraph shall be transmitted to the President not later than 30 days before the date on which the President is required to submit his report under paragraph (1). SEC. 2. DENIAL OF CERTAIN BENEFITS. (a) In General.--In any case in which the President certifies in a report submitted under section 1 that a NAFTA country is not meeting commitments made in the North American Agreement on Environmental Cooperation or the North American Agreement on Labor Cooperation, then the following shall apply, beginning 30 days after the report is submitted, until the next report is submitted under section 1: (1) Denial of united states assistance.--That country may not receive any United States assistance (other than humanitarian assistance), including any loans or other extensions of credit or credit guarantees by the United States. (2) Opposition to assistance by international financial institutions.--The President shall direct the United States Representative to each international financial institution to use the voice and vote of the United States to oppose any loan or other extension of credit to that country. (3) Imposition of tariffs.--The President may impose on products of that country, notwithstanding any other provision of law, tariffs, in addition to those that would otherwise apply, on products in those sectors of the economy directly related to the failure of the country to meet the commitments made in the applicable agreement. (b) Waiver.--The President may waive the application of any provision of subsection (a) with respect to a country if the President determines that it is in the national security interests of the United States to do so and the President submits that determination, and the rationale for the determination, to the Congress at least 30 days before the waiver would take effect. SEC. 3. DEFINITIONS. As used in this Act: (1) International financial institution.--The term ``international financial institution'' has the meaning given that term in section 1701(c)(2) of the International Financial Institutions Act (22 U.S.C. 262r(c)(2)). (2) Nafta country.--The term ``NAFTA country'' has the meaning given that term in section 2(4) of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3301(4)). (3) North american agreement on environmental cooperation.--The term ``North American Agreement on Environmental Cooperation'' has the meaning given that term in section 532(b)(2) of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3472(b)(2)). (4) North american agreement on labor cooperation.--The term ``North American Agreement on Labor Cooperation'' has the meaning given that term in section 531(b)(2) of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3471(b)(2)). (5) United states assistance.--The term ``United States assistance'' means any program of assistance or credits provided by the United States to other countries under any provision of law.	Directs the President to certify annually to the Congress whether or not each North American Free Trade Agreement (NAFTA) country is meeting its commitments under the North American Agreement on Environmental Cooperation and the North American Agreement on Labor Cooperation (NAFTA supplemental agreements). Establishes certain economic and trade sanctions for countries that receive a negative certification. Authorizes the President to waive the requirements of this Act if it is in the U.S. national security interest.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Reforming Access for Investments in Startup Enterprises Act of 2015'' or the ``RAISE Act of 2015''. SEC. 2. EXEMPTED TRANSACTIONS. (a) Exempted Transactions.--Section 4 of the Securities Act of 1933 (15 U.S.C. 77d) is amended-- (1) in subsection (a), by adding at the end the following new paragraph: ``(7) transactions meeting the requirements of subsection (d).''; (2) by redesignating the second subsection (b) (relating to securities offered and sold in compliance with Rule 506 of Regulation D) as subsection (c); and (3) by adding at the end the following: ``(d) Certain Accredited Investor Transactions.--The transactions referred to in subsection (a)(7) are transactions meeting the following requirements: ``(1) Accredited investor requirement.--Each purchaser is an accredited investor, as that term is defined in section 230.501(a) of title 17, Code of Federal Regulations (or any successor regulation). ``(2) Prohibition on general solicitation or advertising.-- Neither the seller, nor any person acting on the seller's behalf, offers or sells securities by any form of general solicitation or general advertising. ``(3) Information requirement.--In the case of a transaction involving the securities of an issuer that is neither subject to section 13 or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m; 78o(d)), nor exempt from reporting pursuant to section 240.12g3-2(b) of title 17, Code of Federal Regulations, nor a foreign government (as defined in section 230.405 of title 17, Code of Federal Regulations) eligible to register securities under Schedule B, the seller and a prospective purchaser designated by the seller obtain from the issuer, upon request of the seller, and the seller in all cases makes available to a prospective purchaser, the following information (which shall be reasonably current in relation to the date of resale under this section): ``(A) The exact name of the issuer and the issuer's predecessor (if any). ``(B) The address of the issuer's principal executive offices. ``(C) The exact title and class of the security. ``(D) The par or stated value of the security. ``(E) The number of shares or total amount of the securities outstanding as of the end of the issuer's most recent fiscal year. ``(F) The name and address of the transfer agent, corporate secretary, or other person responsible for transferring shares and stock certificates. ``(G) A statement of the nature of the business of the issuer and the products and services it offers, which shall be presumed reasonably current if the statement is as of 12 months before the transaction date. ``(H) The names of the officers and directors of the issuer. ``(I) The names of any persons registered as a broker, dealer, or agent that shall be paid or given, directly or indirectly, any commission or remuneration for such person's participation in the offer or sale of the securities. ``(J) The issuer's most recent balance sheet and profit and loss statement and similar financial statements, which shall-- ``(i) be for such part of the 2 preceding fiscal years as the issuer has been in operation; ``(ii) be prepared in accordance with generally accepted accounting principles or, in the case of a foreign private issuer, be prepared in accordance with generally accepted accounting principles or the International Financial Reporting Standards issued by the International Accounting Standards Board; ``(iii) be presumed reasonably current if-- ``(I) with respect to the balance sheet, the balance sheet is as of a date less than 16 months before the transaction date; and ``(II) with respect to the profit and loss statement, such statement is for the 12 months preceding the date of the issuer's balance sheet; and ``(iv) if the balance sheet is not as of a date less than 6 months before the transaction date, be accompanied by additional statements of profit and loss for the period from the date of such balance sheet to a date less than 6 months before the transaction date. ``(K) To the extent that the seller is a control person with respect to the issuer, a brief statement regarding the nature of the affiliation, and a statement certified by such seller that they have no reasonable grounds to believe that the issuer is in violation of the securities laws or regulations. ``(4) Issuers disqualified.--The transaction is not for the sale of a security where the seller is an issuer or a subsidiary, either directly or indirectly, of the issuer. ``(5) Bad actor prohibition.--Neither the seller, nor any person that has been or will be paid (directly or indirectly) remuneration or a commission for their participation in the offer or sale of the securities, including solicitation of purchasers for the seller is subject to an event that would disqualify an issuer or other covered person under Rule 506(d)(1) of Regulation D (17 CFR 230.506(d)(1)) or is subject to a statutory disqualification described under section 3(a)(39) of the Securities Exchange Act of 1934. ``(6) Business requirement.--The issuer is engaged in business, is not in the organizational stage or in bankruptcy or receivership, and is not a blank check, blind pool, or shell company that has no specific business plan or purpose or has indicated that the issuer's primary business plan is to engage in a merger or combination of the business with, or an acquisition of, an unidentified person. ``(7) Underwriter prohibition.--The transaction is not with respect to a security that constitutes the whole or part of an unsold allotment to, or a subscription or participation by, a broker or dealer as an underwriter of the security or a redistribution. ``(8) Outstanding class requirement.--The transaction is with respect to a security of a class that has been authorized and outstanding for at least 90 days prior to the date of the transaction. ``(e) Additional Requirements.-- ``(1) In general.--With respect to an exempted transaction described under subsection (a)(7): ``(A) Securities acquired in such transaction shall be deemed to have been acquired in a transaction not involving any public offering. ``(B) Such transaction shall be deemed not to be a distribution for purposes of section 2(a)(11). ``(C) Securities involved in such transaction shall be deemed to be restricted securities within the meaning of Rule 144 (17 CFR 230.144). ``(2) Rule of construction.--The exemption provided by subsection (a)(7) shall not be the exclusive means for establishing an exemption from the registration requirements of section 5.''. (b) Exemption in Connection With Certain Exempt Offerings.--Section 18(b)(4) of the Securities Act of 1933 (15 U.S.C. 77r(b)(4)) is amended-- (1) by redesignating the second subparagraph (D) and subparagraph (E) as subparagraphs (E) and (F), respectively; (2) in subparagraph (E), as so redesignated, by striking ``; or'' and inserting a semicolon; (3) in subparagraph (F), as so redesignated, by striking the period and inserting ``; or''; and (4) by adding at the end the following new subparagraph: ``(G) section 4(a)(7).''. Passed the House of Representatives October 6, 2015. Attest: KAREN L. HAAS, Clerk.	Reforming Access for Investments in Startup Enterprises Act of 2015 or the RAISE Act of 2015 (Sec. 2) The Securities Act of 1933 is amended to exempt from security registration requirements, and related prohibitions against using interstate commerce and the mails for the sale or delivery of securities after sale, any transaction where: each purchaser is an accredited investor; neither the seller, nor any person acting on the seller's behalf, offers or sells securities by general solicitation or advertising; the seller and prospective purchaser obtain from an issuer meeting certain criteria reasonably current specified information; the transaction is not for the sale of a security whose seller is neither an issuer nor a subsidiary of the issuer; neither the seller, nor any person receiving remuneration for participating in the offer or sale of the securities, is subject to certain legal disqualification (bad actor); the issuer is engaged in business, is not in the organizational stage or in bankruptcy or receivership, and is not a blank check, blind pool, or shell company with no specific business plan or purpose or has indicated that the issuer's primary business plan is to engage in a merger or combination of the business with, or an acquisition of, an unidentified person; the transaction does not involve a security that constitutes the whole or part of an unsold allotment to, or a subscription or participation by, a broker or dealer as an underwriter of the security or a redistribution; and the transaction does involve a security of a class authorized and outstanding for at least 90 days before the transaction. Securities acquired in such exempt transactions shall be deemed to: (1) have been acquired in a transaction not involving any public offering, (2) not be a distribution involving an underwriter, and (2) be restricted securities not subject to certain transaction requirements. All transactions under this Act shall be exempt from state regulation of securities offerings.
SECTION 1. AUTHORITY FOR 16- AND 17-YEAR-OLDS TO LOAD MATERIALS INTO SCRAP PAPER BALERS AND PAPER BOX COMPACTORS. Section 13(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(c)) is amended by adding to the end thereof the following new paragraph: ``(5)(A) In the administration and enforcement of the child labor provisions of this Act, employees who are 16 and 17 years of age shall be permitted to load materials into, but not operate or unload materials from, scrap paper balers and paper box compactors-- ``(i) that are safe for 16- and 17-year-old employees loading the scrap paper balers or paper box compactors; and ``(ii) that cannot be operated while being loaded. ``(B) For purposes of subparagraph (A), scrap paper balers and paper box compactors shall be considered safe for 16- or 17-year-old employees to load only if-- ``(i)(I) the scrap paper balers and paper box compactors meet the American National Standards Institute's Standard ANSI Z245.5- 1990 for scrap paper balers and Standard ANSI Z245.2-1992 for paper box compactors; or ``(II) the scrap paper balers and paper box compactors meet an applicable standard that is adopted by the American National Standards Institute after the date of enactment of this paragraph and that is certified by the Secretary to be at least as protective of the safety of minors as the standard described in subclause (I); ``(ii) the scrap paper balers and paper box compactors include an on-off switch incorporating a key-lock or other system and the control of the system is maintained in the custody of employees who are 18 years of age or older; ``(iii) the on-off switch of the scrap paper balers and paper box compactors is maintained in an off position when the scrap paper balers and paper box compactors are not in operation; and ``(iv) the employer of 16- and 17-year-old employees provides notice, and posts a notice, on the scrap paper balers and paper box compactors stating that-- ``(I) the scrap paper balers and paper box compactors meet the applicable standard described in clause (i); ``(II) 16- and 17-year-old employees may only load the scrap paper balers and paper box compactors; and ``(III) any employee under the age of 18 may not operate or unload the scrap paper balers and paper box compactors. The Secretary shall publish in the Federal Register a standard that is adopted by the American National Standards Institute for scrap paper balers or paper box compactors and certified by the Secretary to be protective of the safety of minors under clause (i)(II). ``(C)(i) Employers shall prepare and submit to the Secretary reports-- ``(I) on any injury to an employee under the age of 18 that requires medical treatment (other than first aid) resulting from the employee's contact with a scrap paper baler or paper box compactor during the loading, operation, or unloading of the baler or compactor; and ``(II) on any fatality of an employee under the age of 18 resulting from the employee's contact with a scrap paper baler or paper box compactor during the loading, operation, or unloading of the baler or compactor. ``(ii) The reports described in clause (i) shall be used by the Secretary to determine whether or not the implementation of subparagraph (A) has had any effect on the safety of children. ``(iii) The reports described in clause (i) shall provide-- ``(I) the name, telephone number, and address of the employer and the address of the place of employment where the incident occurred; ``(II) the name, telephone number, and address of the employee who suffered an injury or death as a result of the incident; ``(III) the date of the incident; ``(IV) a description of the injury and a narrative describing how the incident occurred; and ``(V) the name of the manufacturer and the model number of the scrap paper baler or paper box compactor involved in the incident. ``(iv) The reports described in clause (i) shall be submitted to the Secretary promptly, but not later than 10 days after the date on which an incident relating to an injury or death occurred. ``(v) The Secretary may not rely solely on the reports described in clause (i) as the basis for making a determination that any of the employers described in clause (i) has violated a provision of section 12 relating to oppressive child labor or a regulation or order issued pursuant to section 12. The Secretary shall, prior to making such a determination, conduct an investigation and inspection in accordance with section 12(b). ``(vi) The reporting requirements of this subparagraph shall expire 2 years after the date of enactment of this subparagraph.''. SEC. 2. CIVIL MONEY PENALTY. Section 16(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(e)) is amended in the first sentence-- (1) by striking ``section 12,'' and inserting ``section 12 or section 13(c)(5),''; and (2) by striking ``that section'' and inserting ``section 12 or section 13(c)(5)''. SEC. 3. CONSTRUCTION. Section 1 shall not be construed as affecting the exemption for apprentices and student learners published in section 570.63 of title 29, Code of Federal Regulations. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.	Provides that, in the administration and enforcement of the child labor provisions of the Fair Labor Standards Act of 1938, 16- and 17-year-old individuals shall be permitted to load materials into, but not operate or unload materials from, scrap paper balers or paper box compactors that meet: (1) the current safety standards of the American National Standards Institute; and (2) other specified standards regarding on-off switches and employee notification. Requires employers to make reports to the Secretary of Labor on injuries (which require medical treatment other than first aid) and fatalities of employees under age 18 resulting from their contact with a scrap paper baler or paper box compactor during its loading, operation, or unloading. Establishes civil penalties for violations of this Act. Provides that this Act does not affect a specified exemption for apprentices and student learners.
SECTION 1. EXTENSION OF EXPIRING AUTHORITIES OF DEPARTMENT OF VETERANS AFFAIRS. (a) Hospital Care and Medical Services for Persian Gulf Veterans Exposed to Toxic Substances.--(1) Section 1710(e) of title 38, United States Code, is amended-- (A) in paragraph (1)(C), by inserting ``becoming manifest before January 1, 1997,'' after ``for any disability''; and (B) in paragraph (3), by striking out ``December 31, 1995'' and inserting in lieu thereof ``December 31, 1998''. (2) Section 1712(a)(1)(D) of such title is amended-- (A) by striking out ``December 31, 1995'' and inserting in lieu thereof ``December 31, 1998''; and (B) by inserting ``becoming manifest before January 1, 1997,'' after ``for any disability''. (b) Contract Authority for Alcohol and Drug Abuse Care.--Subsection (e) of section 1720A of such title is amended by striking out ``December 31, 1995'' and inserting in lieu thereof ``December 31, 1997''. (c) Nursing Home Care Alternatives.--(1) Section 1720C(a) of such title is amended by striking out ``September 30, 1995'' and inserting in lieu thereof ``December 31, 1997''. (2) The Secretary of Veterans Affairs shall submit to Congress, not later than March 31, 1997, a report on the medical efficacy and cost effectiveness, and disadvantages and advantages, associated with the use by the Secretary of noninstitutional alternatives to nursing home care. (d) Health Scholarships Program.--(1) Section 7618 of such title is amended by striking out ``December 31, 1995'' and inserting in lieu thereof ``December 31, 1997''. (2)(A) The Secretary of Veterans Affairs shall submit to Congress, not later than March 31, 1997, a report setting forth the results of a study evaluating the operation of the health professional scholarship program under subchapter II of chapter 76 of title 38, United States Code. The study shall evaluate the efficacy of the program with respect to recruitment and retention of health care personnel for the Department of Veterans Affairs and shall compare the costs and benefits of the program with the costs and benefits of alternative methods of ensuring adequate recruitment and retention of such personnel. (B) The Secretary shall carry out the study under this paragraph through a private contractor. The report under subparagraph (A) shall include the report of the contractor and the comments, if any, of the Secretary on that report. (e) Enhanced-Use Leases of Real Property.--(1) Section 8169 of such title is amended by striking out ``December 31, 1995'' and inserting in lieu thereof ``December 31, 1997''. (2) The Secretary of Veterans Affairs shall submit to Congress, not later than March 31, 1997, a report evaluating the operation of the program under subchapter V of chapter 81 of title 38, United States Code. (f) Community-Based Residential Care for Homeless Chronically Mentally Ill Veterans.--Section 115(d) of the Veterans' Benefits and Services Act of 1988 (Public Law 100-322; 38 U.S.C. 1712 note) is amended by striking out ``September 30, 1995'' and inserting in lieu thereof ``December 31, 1997''. (g) Demonstration Program of Compensated Work Therapy and Therapeutic Transitional Housing.--Section 7 of Public Law 102-54 (38 U.S.C. 1718 note) is amended-- (1) in subsection (a), by striking out ``During fiscal years 1991 through 1995, the Secretary'' and inserting in lieu thereof ``The Secretary''; and (2) by adding at the end the following: ``(m) Sunset.--The authority for the demonstration program under this section expires on December 31, 1997.''. (h) Homeless Veterans Pilot Program.--The Homeless Veterans Comprehensive Service Programs Act of 1992 (Public Law 102-590) is amended as follows: (1) Section 2(a) (38 U.S.C. 7721 note) is amended by striking out ``September 30, 1995'' and inserting in lieu thereof ``December 31, 1997''. (2) Section 3(a) (38 U.S.C. 7721 note) is amended by striking out ``, during fiscal years 1993, 1994, and 1995,''. (3) Section 12 (38 U.S.C. 7721 note) is amended by striking out ``each of the fiscal years 1993, 1994, and 1995'' and inserting in lieu thereof ``each fiscal year through 1997''. SEC. 2. REPORT ON CONSOLIDATION OF CERTAIN PROGRAMS. The Secretary of Veterans Affairs shall submit to Congress, not later than March 1, 1997, a report on the advantages and disadvantages of consolidating into one program the following three programs: (1) The alcohol and drug abuse contract care program under section 1720A of title 38, United States Code. (2) The program to provide community-based residential care to homeless chronically mentally ill veterans under section 115 of the Veterans' Benefits and Services Act of 1988 (38 U.S.C. 1712 note). (3) The demonstration program under section 7 of Public Law 102-54 (38 U.S.C. 1718 note). SEC. 3. REPEAL OF AUTHORITY TO MAKE GRANTS TO VETERANS MEMORIAL MEDICAL CENTER IN THE PHILIPPINES. (a) Repeal.--Section 1732 of title 38, United States Code, is amended-- (1) by striking out subsection (b); (2) by redesignating subsection (c) as subsection (b) and striking out ``or grant'' both places it appears in that subsection; and (3) by redesignating subsection (d) as subsection (c) and striking out ``and to make grants'' in that subsection. (b) Clerical Amendments.--(1) The heading of such section is amended by striking out ``and grants''. (2) The item relating to such section in the table of sections at the beginning of chapter 17 of such title is amended by striking out ``and grants''.	Extends through December 31, 1998, the authority of the Department of Veterans Affairs to provide hospital care and medical services to Persian Gulf veterans exposed to toxic substances or environmental hazards during such service, as long as symptoms become manifest before January 1, 1997. Extends through December 31, 1997: (1) the authority to contract with community-based treatment facilities for the care of eligible veterans suffering from alcohol or drug dependence or abuse disabilities; (2) the authority of a pilot program for furnishing veterans with noninstitutional alternatives to nursing home care (requires a report); (3) the Department's health professionals scholarship program (requires a report); (4) the authority of the Secretary of Veterans Affairs to enter into enhanced-use leases of Department real property (requires a report); (5) the authority under the Veterans' Benefits and Services Act of 1988 for a pilot program providing community-based residential care for homeless chronically mentally ill veterans; (6) the Department's compensated work therapy and therapeutic transitional housing program; and (7) the authority under the Homeless Veterans Comprehensive Service Programs Act of 1992 for a pilot program to expand and improve Department benefits and services to homeless veterans. Extends through FY 1997 the authorization of appropriations for such pilot program. Directs the Secretary to report to the Congress on the advantages and disadvantages of consolidating specified veterans' programs. Repeals the authority of the Secretary to make contracts and grants for providing care and treatment for veterans at the Department's Veterans Memorial Medical Center in the Philippines.
SECTION 1. SHORT TITLE. This Act may be cited as the ``The Buy American Enhancement Act of 2011''. SEC. 2. DOMESTIC CONTENT REQUIREMENT FOR THE BUY AMERICAN ACT. (a) Substantially All Defined.--Section 8301 of title 41, United States Code, is amended-- (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following new paragraph: ``(2) Substantially all.--Articles, materials, or supplies shall be treated as made substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States if the cost of the domestic components of such articles, materials, or supplies exceeds 75 percent of the total cost of all components of such articles, materials, or supplies.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect not later than 180 days after the date of the enactment of this Act. SEC. 3. REQUIREMENT FOR INDIRECT CONTRACTS TO COMPLY WITH THE BUY AMERICAN ACT. (a) Contract Requirement.--The head of each Federal agency shall ensure that each contract described in subsection (b) awarded by such Federal agency includes a provision requiring any articles, materials, and supplies provided under the contract to comply with chapter 83 of title 41, United States Code (popularly referred to as the ``Buy American Act''), subject to the exceptions to that chapter provided in the Trade Agreements Act of 1979 (19 U.S.C. 2501 et seq.) or otherwise provided by law. (b) Contracts Described.--The contracts described in this subsection include each of the following: (1) Housing leases, including military housing provided by a private entity. (2) Power purchase agreements. (3) Enhanced-use leases. (4) Energy savings performance contracts. (5) Utility energy service contracts. SEC. 4. BUY AMERICAN WAIVER REPORTING REQUIREMENT. (a) Waiver Defined.--Section 8301 of title 41, United States Code, as amended by section 2, is further amended by adding at the end the following new paragraph: ``(4) Waiver.--The term `waiver' means, with respect to the acquisition of an article, material, or supply for public use, the inapplicability of this chapter to the acquisition by reason of any of the following: ``(A) A determination by the head of the Federal agency concerned that the acquisition is inconsistent with the public interest. ``(B) A determination by the head of the Federal agency concerned that the cost of the acquisition is unreasonable. ``(C) Use outside of the United States. ``(D) A determination by the head of the Federal agency concerned that the article, material, or supply is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality. ``(E) Procured under a contract with an award value that is not more than the micro-purchase threshold under section 1902 of this title. ``(F) An exception under the Trade Agreements Act of 1979 (19 U.S.C. 2501 et seq.). ``(G) Any other exception otherwise provided by law.''. (b) Waiver Reporting Requirement.--Section 8302 of title 41, United States Code, is amended by adding at the end the following new section: ``(c) Waiver Reporting Requirement.--The head of each Federal agency shall establish a location on the website of such agency for the publication of waivers accessible by the public and shall publish a list at such location of each waiver granted under this chapter not later than 30 days after such waiver is granted.''. (c) Effective Date.--The amendments made by this section shall take effect not later than 180 days after the date of the enactment of this Act. SEC. 5. IMPLEMENTATION THROUGH THE FEDERAL ACQUISITION REGULATION. Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be revised as necessary to implement the provisions of this Act. SEC. 6. DEFINITIONS. In this Act: (1) Energy savings performance contract.--The term ``energy savings performance contract'' has the meaning given that term under section 436.31 of title 10, Code of Federal Regulations. (2) Federal agency.--The term ``Federal agency'' means any executive agency (as defined in section 133 of title 41, United States Code) or any establishment in the legislative or judicial branch of the Federal Government.	Buy American Enhancement Act of 2011 - Defines "substantially all" for purposes of Buy American requirements to mean that articles, materials, or supplies shall be treated as made substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States if the cost of the domestic components of such items exceeds 75% of the total cost of all such items. Requires the head of each federal agency to ensure that certain contracts awarded by such agency include a provision requiring compliance with Buy American requirements. Defines "waiver" for purposes of Buy American requirements. Requires the head of each federal agency to publish on the agency website a list of each waiver of such requirements within 30 days after it is granted.
SECTION 1. SCRAP TIRE TRUST FUND. (a) Establishment.-- (1) In general.--There is established in the Treasury of the United States a trust fund to be known as the ``Scrap Tire Trust Fund'' (hereinafter in this section referred to as the ``Trust Fund''). (2) Accounts in trust fund.--The Trust Fund shall consist of-- (A) a Scrap Tire Reduction Account; and (B) a Scrap Tire Recycling Account. Each such Account shall consist of such amounts as may be appropriated to it as provided in this section. (b) Scrap Tire Reduction Account.-- (1) Appropriation to account.--There are hereby appropriated, out of any money in the Treasury not otherwise appropriated, to the Scrap Tire Reduction Account amounts equivalent to the following amounts: (A) 87 percent of amounts received during 1993 through 1997 from the fees imposed by subsection (d). (B) 77 percent of amounts received during 1998 through 2001 from such fees. (C) 67 percent of amounts received during 2002 through 2004 from such fees. (2) Expenditures from account.--Amounts in the Scrap Tire Reduction Account shall be available, as provided by appropriation Acts-- (A) for making expenditures to provide financial assistance to States for purposes of conducting surveys of current scrap tire piles, developing State tire management plans, and carrying out the portion of such State tire plans relating to reduction and elimination of existing scrap tire piles, including recycling, recovering, and reusing scrap tires; and (B) for payment of expenses for administration of such financial assistance (but not in excess of 5 percent of the Account may be used for such purpose). (c) Scrap Tire Recycling Account.-- (1) Appropriation to account.--There are hereby appropriated, out of any money in the Treasury not otherwise appropriated, to the Scrap Tire Recycling Account amounts equivalent to the following amounts: (A) 13 percent of amounts received during 1993 through 1997 from the fees imposed by subsection (d). (B) 23 percent of amounts received during 1998 through 2001 from such fees. (C) 33 percent of amounts received during 2002 through 2004 from such fees. (2) Expenditures from account.--Amounts in the Scrap Tire Recycling Account shall be available, as provided by appropriation Acts-- (A) for making expenditures to provide financial assistance to States to carry out the portion of State tire management plans relating to the current and future disposal of scrap tires, including recycling, recovering, and reusing new scrap tires; and (B) for payment of expenses for administration of such financial assistance (but not in excess of 5 percent of the Account may be used for such purpose). (d) Imposition and Rate of Fee.-- (1) In general.--The Administrator shall impose and collect a fee of $.85 on each new tire sold by the manufacturer or importer, regardless of intended use, during the period beginning on January 1, 1993, and ending on December 31, 2004. The fee shall be due and payable by the manufacturer or importer sixty days after sale of the tire. The Administrator shall deposit amounts received from such fees into the General Fund of the Treasury. (2) Tires on imported articles.--For purposes of paragraph (1), if an article imported in the United States is equipped with tires-- (A) the importer of the article shall be treated as the importer of the tires with which such article is equipped; and (B) the sale of the article by the importer thereof shall be treated as the sale of the tires with which such article is equipped. This paragraph shall not apply with respect to the sale of an automobile bus chassis or an automobile bus body. (e) Transfers to Trust Fund.--The amounts appropriated by subsections (b)(1) and (c)(1) shall be transferred at least monthly from the General Fund of the Treasury to the Trust Fund on the basis of estimates made by the Secretary of the Treasury of the amounts referred to in such subsections. Adjustments shall be made in the amount subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (f) Investment.--(1) The Secretary of the Treasury shall invest such portion of the Trust Fund as is not, in his judgment, required to meet current withdrawals. Such investments may be made only in interest-bearing obligations of the United States and may be acquired-- (A) on original issue at the issue price; or (B) by purchase of outstanding obligations at the market price. (2) Any obligation acquired by the Trust Fund may be sold by the Secretary at the market price. (3) The interest on, and the proceeds from the sale or redemption of, any obligations held in the Trust Fund shall be credited to and form a part of the Trust Fund.	Establishes the Scrap Tire Trust Fund in the Treasury. Provides that the Fund shall consist of a Scrap Tire Reduction Account and a Scrap Tire Recycling Account. Appropriates amounts equivalent to fees collected under this Act to the Accounts. Makes amounts in the Accounts available for: (1) financial assistance to States for conducting surveys of scrap tire piles, developing State tire management plans, reducing and eliminating scrap tire piles, and carrying out tire disposal under such plans and (2) administration of such assistance. Imposes fees on new tires sold by manufacturers or importers from January 1, 1993, through December 31, 2004.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Belarus Democracy Reauthorization Act of 2011''. SEC. 2. FINDINGS. Section 2 of the Belarus Democracy Act of 2004 (Public Law 109-480; 22 U.S.C. 5811 note) is amended to read as follows: ``SEC. 2. FINDINGS. ``Congress makes the following findings: ``(1) The United States Government supports a prosperous and democratic Belarus that upholds the rule of law and respects the fundamental rights of its citizens, including rights to freedom of assembly, association, and expression. ``(2) The United States Government remains committed to the sovereignty and independence of the Republic of Belarus and supports its integration into the Euro-Atlantic community of nations. ``(3) The Government of Belarus has engaged in a pattern of clear and systematic abuse of state authority, including through a series of fraudulent elections that have undermined the democratic process and deprived the people of Belarus of a voice in the conduct of public affairs. ``(4) The Government of Belarus has subjected thousands of political activists, civil society representatives, and independent journalists to harassment and intimidation, creating a climate of fear that has weakened the bond of trust between the people of Belarus and their government. ``(5) On December 19, 2010, the Government of Belarus conducted flawed and undemocratic presidential elections that were marred by significant misconduct, including-- ``(A) the detention of numerous opposition and civil society representatives; ``(B) the use of disproportionate force against pro-democracy political activists, journalists, and opposition candidates; and ``(C) the disruption of independent broadcast and Internet media, including Gmail, Hotmail, Charter97.org, euroradio.by, gazetaby.com, and zapraudu.info. ``(6) After the December 19, 2010, presidential election, the Government of Belarus detained or arrested more than 600 political activists, journalists, civil society representatives, and seven of the nine presidential candidates, depriving them of their liberty, access to legal counsel, and communication with their families. ``(7) After the December 19, 2010, presidential election, security services of the Government of Belarus conducted raids at the offices and homes of journalists, political activists, and civil society representatives, including searches and seizures of equipment at opposition and non-governmental organizations, effectively curtailing their ability to operate. ``(8) After the December 19, 2010, presidential election, Belarus officials initiated criminal proceedings against an estimated 40 defendants, disbarred several opposition defense lawyers, and closed the Organization for Security and Cooperation (OSCE) Office in Minsk, violating its commitment as a participating state of the Organization for Security and Cooperation. ``(9) On March 17, 2011, the Senate passed unanimously Senate Resolution 105, condemning the December 19, 2010, presidential election as `illegitimate, fraudulent, and not representative of the will or the aspirations of the voters in Belarus'.''. SEC. 3. STATEMENT OF POLICY. Section 3 of the Belarus Democracy Act of 2004 (Public Law 109-480; 22 U.S.C. 5811 note) is amended to read as follows: ``SEC. 3. STATEMENT OF POLICY. ``It is the policy of the United States-- ``(1) to continue its support of those in the Republic of Belarus seeking-- ``(A) to promote representative government, human rights, and the rule of law and to preserve and strengthen the sovereignty and independence of Belarus; and ``(B) to promote the integration of Belarus into the Euro-Atlantic community of nations; ``(2) to commend the democratic opposition in Belarus for their commitment to fundamental human freedoms, their courage in the face of authoritarianism and repression, and their struggle to forge a vibrant civil society, which is the foundation for the institutions of democratic governance; ``(3) to condemn the conduct of the December 19, 2010, presidential election in Belarus and violent crackdown on opposition candidates, political activists, journalists, and civil society representatives; ``(4) to call on the Government of Belarus to release immediately all those who have been unjustly detained for exercising their basic rights; ``(5) to continue to refuse to accept as legitimate the results of the December 19, 2010, presidential election, and to support calls for new presidential and parliamentary elections that are free, fair, and consistent with the obligations of the Republic of Belarus as a participating state of the Organization for Security and Cooperation; ``(6) to support the continued application of targeted European Union and United States sanctions, including both visa bans and asset freezes, against officials and responsible associates in Belarus until such time as the Government of Belarus treats its people with the dignity and respect they deserve; ``(7) to call upon other members of the international community, including the Government of the Russian Federation, to use their influence in Belarus to promote the purposes of this Act; ``(8) to expand both material and technical assistance to the people of Belarus and to Belarusian civil society, including-- ``(A) support for strengthening regional independent media in Belarus; ``(B) support for strengthening online independent media, to include creating mobile-friendly content and multimedia content; and ``(C) support for expanding the capacity of non- government organizations and civil society in Belarus, with a focus on reaching women and youth; ``(9) to continue to coordinate our actions with the European Union and other countries and international organizations to promote the democratic development of the Republic of Belarus and its integration into the Euro-Atlantic community of nations; and ``(10) to remain open to reevaluating United States policy toward Belarus as warranted and provided that all political prisoners detained arbitrarily as a result of the presidential elections of December 19, 2010, are released.''. SEC. 4. ASSISTANCE TO PROMOTE DEMOCRACY AND CIVIL SOCIETY IN BELARUS. Section 4 of the Belarus Democracy Act of 2004 (Public Law 109-480; 22 U.S.C. 5811 note) is amended-- (1) in subsection (b)-- (A) by striking ``primarily for indigenous'' and inserting ``for independent, indigenous''; and (B) by inserting ``and that are capable of absorbing international assistance'' before the period at the end; (2) in subsection (c)-- (A) by amending paragraph (1) to read as follows: ``(1) facilitating the development of independent, indigenous print, radio, television, and Internet broadcasting working within Belarus and from locations outside Belarus;''; and (3) in subsection (d)(1), by striking ``such sums as may be necessary for each of the fiscal years 2007 and 2008'' and inserting ``such sums as may be necessary for each of fiscal years 2012 through 2014''. SEC. 5. RADIO AND TELEVISION BROADCASTING TO BELARUS. Section 5 of the Belarus Democracy Act of 2004 (Public Law 109-480; 22 U.S.C. 5811 note) is amended to read as follows: ``SEC. 5. RADIO, TELEVISION, AND INTERNET BROADCASTING TO BELARUS. ``It is the sense of Congress that the President should continue to support Radio Free Europe/Radio Liberty and Voice of America broadcasting to the people of Belarus to ensure access to objective and timely information about domestic and global public affairs.''. SEC. 6. SANCTIONS AGAINST THE GOVERNMENT OF BELARUS. Section 6(b) of the Belarus Democracy Act of 2004 (Public Law 109- 480; 22 U.S.C. 5811 note) is amended-- (1) in paragraph (1), by inserting ``or expression, including those individuals jailed based on political beliefs or expression in connection with the presidential election of December 19, 2010'' before the period at the end; (2) in paragraph (2), by inserting ``, including politically motivated legal charges made in connection with the presidential election of December 19, 2010'' before the period at the end; and (3) in paragraph (5), by inserting ``and abridgements of fundamental freedoms, including abridgements of fundamental freedoms committed in connection with the presidential election of December 19, 2010'' before the period at the end. SEC. 7. REPORT. Section 8(a) of the Belarus Democracy Act of 2004 (Public Law 109- 480; 22 U.S.C. 5811 note) is amended in the matter preceding paragraph (1)-- (1) by striking ``this Act'' and inserting ``the Belarus Democracy Reauthorization Act of 2011''; and (2) by inserting ``and the Commission on Security and Cooperation in Europe'' after ``appropriate congressional committees''. SEC. 8. DEFINITIONS. Section 9 of the Belarus Democracy Act of 2004 (Public Law 109-480; 22 U.S.C. 5811 note) is amended-- (1) in paragraph (1), by striking ``Committee on International Relations'' and inserting ``Committee on Foreign Affairs''; and (2) in paragraph (3)(C), by striking ``Lukashenka regime'' and inserting ``Government of Belarus''.	Belarus Democracy Reauthorization Act of 2011 - Amends the Belarus Democracy Act of 2004 to authorize assistance to promote democracy and civil society in Belarus. Includes Internet broadcasting within the scope of support and funding for broadcasting from within and to Belarus. Expresses the sense of Congress that the President should continue to support Radio Free Europe/Radio Liberty and Voice of America broadcasting to the people of Belarus to ensure access to objective and timely information about domestic and global public affairs. Includes among the criteria that the government of Belarus must meet in order to end U.S. sanctions the release of individuals who were jailed based on political beliefs or human rights violations in connection with the repression that attended the December 2010 presidential election.
SECTION 1. SHORT TITLE. This Act may be cited as the ``BLM Permit Processing Improvement Act of 2014''. SEC. 2. PROGRAM TO IMPROVE FEDERAL PERMIT COORDINATION. Section 365 of the Energy Policy Act of 2005 (42 U.S.C. 15924) is amended-- (1) in the section heading, by striking ``pilot''; (2) by striking ``Pilot Project'' each place it appears and inserting ``Project''; (3) in subsection (b)(2), by striking ``Wyoming, Montana, Colorado, Utah, and New Mexico'' and inserting ``the States in which Project offices are located''; (4) in subsection (d)-- (A) in the subsection heading, by striking ``Pilot''; and (B) by adding at the end the following: ``(8) Any other State, district, or field office of the Bureau of Land Management determined by the Secretary.''; (5) by striking subsection (e) and inserting the following: ``(e) Report to Congress.--Not later than February 1 of the first fiscal year beginning after the date of enactment of the BLM Permit Processing Improvement Act of 2014 and each February 1 thereafter, the Secretary shall report to the Chairman and ranking minority Member of the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives, which shall include-- ``(1) the allocation of funds to each Project office for the previous fiscal year; and ``(2) the accomplishments of each Project office relating to the coordination and processing of oil and gas use authorizations during that fiscal year.''; (6) in subsection (h), by striking paragraph (6) and inserting the following: ``(6) the States in which Project offices are located.''; (7) by striking subsection (i); and (8) by redesignating subsection (j) as subsection (i). SEC. 3. BLM OIL AND GAS PERMIT PROCESSING FEE. Section 35 of the Mineral Leasing Act (30 U.S.C. 191) is amended by adding at the end the following: ``(d) BLM Oil and Gas Permit Processing Fee.-- ``(1) In general.--Notwithstanding any other provision of law, for each of fiscal years 2016 through 2026, the Secretary, acting through the Director of the Bureau of Land Management, shall collect a fee for each new application for a permit to drill that is submitted to the Secretary. ``(2) Amount.--The amount of the fee shall be $9,500 for each new application, as indexed for United States dollar inflation from October 1, 2015 (as measured by the Consumer Price Index). ``(3) Use.--Of the fees collected under this subsection for a fiscal year, the Secretary shall transfer-- ``(A) for each of fiscal years 2016 through 2019-- ``(i) 15 percent to the field offices that collected the fees and used to process protests, leases, and permits under this Act, subject to appropriation; and ``(ii) 85 percent to the BLM Permit Processing Improvement Fund established under subsection (c)(2)(B) (referred to in this subsection as the `Fund'); and ``(B) for each of fiscal years 2020 through 2026, all of the fees to the Fund. ``(4) Additional costs.--During each of fiscal years of 2016 through 2026, the Secretary shall not implement a rulemaking that would enable an increase in fees to recover additional costs related to processing applications for permits to drill.''. SEC. 4. BLM PERMIT PROCESSING IMPROVEMENT FUND. (a) In General.--Section 35(c) of the Mineral Leasing Act (30 U.S.C. 191(c)) is amended by striking paragraph (3) and inserting the following: ``(3) Use of fund.-- ``(A) In general.--The Fund shall be available to the Secretary of the Interior for expenditure, without further appropriation and without fiscal year limitation, for the coordination and processing of oil and gas use authorizations on onshore Federal and Indian trust mineral estate land. ``(B) Accounts.--The Secretary shall divide the Fund into-- ``(i) a Rental Account (referred to in this subsection as the `Rental Account') comprised of rental receipts collected under this section; and ``(ii) a Fee Account (referred to in this subsection as the `Fee Account') comprised of fees collected under subsection (d). ``(4) Rental account.-- ``(A) In general.--The Secretary shall use the Rental Account for-- ``(i) the coordination and processing of oil and gas use authorizations on onshore Federal and Indian trust mineral estate land under the jurisdiction of the Project offices identified under section 365(d) of the Energy Policy Act of 2005 (42 U.S.C. 15924(d)); and ``(ii) training programs for development of expertise related to coordinating and processing oil and gas use authorizations. ``(B) Allocation.--In determining the allocation of the Rental Account among Project offices for a fiscal year, the Secretary shall consider-- ``(i) the number of applications for permit to drill received in a Project office during the previous fiscal year; ``(ii) the backlog of applications described in clause (i) in a Project office; ``(iii) publicly available industry forecasts for development of oil and gas resources under the jurisdiction of a Project office; and ``(iv) any opportunities for partnership with local industry organizations and educational institutions in developing training programs to facilitate the coordination and processing of oil and gas use authorizations. ``(5) Fee account.-- ``(A) In general.--The Secretary shall use the Fee Account for the coordination and processing of oil and gas use authorizations on onshore Federal and Indian trust mineral estate land. ``(B) Allocation.--The Secretary shall transfer not less than 75 percent of the revenues collected by an office for the processing of applications for permits to the State office of the State in which the fees were collected.''. (b) Interest on Overpayment Adjustment.--Section 111(h) of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1721(h)) is amended in the first sentence by striking ``the rate'' and all that follows through the period at the end of the sentence and inserting ``a rate equal to the sum of the Federal short-term rate determined under section 6621(b) of the Internal Revenue Code of 1986 plus 1 percentage point.''. SEC. 5. BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the Senate September 16, 2014. Attest: Secretary. 113th CONGRESS 2d Session S. 2440 _______________________________________________________________________ AN ACT To expand and extend the program to improve permit coordination by the Bureau of Land Management, and for other purposes.	BLM Permit Processing Improvement Act of 2014 - Amends the Energy Policy Act of 2005 to make the Federal Permit Streamlining Project program permanent. Amends the Mineral Leasing Act to direct the Secretary of the Interior to collect for each of FY2016-FY2026 a fee of $9,500 for each new application for a drilling permit. Allocates specified percentages of such fees to: (1) the field offices that collected the fees used to process protests, leases, and permits; and (2) the BLM Permit Processing Improvement Fund, now divided into a Rental Account and a Fee Account. Prohibits the Secretary, during FY2016-FY2026, from implementing a rulemaking that would enable an increase in fees to recover additional costs related to processing applications for drilling permits. Makes the Fund available to the Secretary for expenditure for the coordination and processing of oil and gas use authorizations on Indian trust mineral estate land (as well as onshore federal land, as under current law). Directs the Secretary to use: (1) the Rental Account and the Fee Account for this coordination and processing of oil and gas use authorizations, and (2) the Rental Account also for training for development of expertise related to coordinating and processing these authorizations. Amends the Federal Oil and Gas Royalty Management Act of 1982 to make the rate of interest allowed and paid or credited for any royalty overpayment equal to the sum of the federal short-term rate plus one percentage point.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Providing Our Support to Troops Act of 2003''. SEC. 2. FREE MAILING PRIVILEGES. (a) In General.--Chapter 34 of title 39, United States Code, is amended by adding at the end the following: ``Sec. 3407. Free postage for personal correspondence and certain parcels mailed to members of Armed Forces of the United States ``(a) In General.--The matter described in subsection (b) (other than matter described in subsection (c)) may be mailed free of postage, if-- ``(1) such matter is sent from within an area served by a United States post office; ``(2) such matter is addressed to an individual who is a member of the Armed Forces of the United States on active duty, as defined in section 101 of title 10, or a civilian, authorized to use postal services at Armed Forces installations, who holds a position or performs one or more functions in support of military operations, as designated by the military theater commander; and ``(3)(A) such matter is addressed to the individual referred to in paragraph (2) at an Armed Forces post office established in an overseas area with respect to which a designation under section 3401(a)(1)(A) is in effect; or ``(B) in the case of an individual who is hospitalized at a facility under the jurisdiction of the Armed Forces of the United States as a result of a disease or injury described in section 3401(a)(1)(B), such matter is addressed to such individual at an Armed Forces post office determined under subsection (f). ``(b) Mail Matter Described.--The free mailing privilege provided by subsection (a) is extended to-- ``(1) letter mail or sound- or video-recorded communications having the character of personal correspondence; and ``(2) parcels not exceeding 10 pounds in weight and 60 inches in length and girth combined. ``(c) Limitation.--The free mailing privilege provided by subsection (a) does not extend to mail matter that contains any advertising. ``(d) Rate of Postage.--Any matter which is mailed under this section shall be mailed at the equivalent rate of postage which assures that the mail will be sent by the most economical means practicable. ``(e) Marking.--All matter mailed under this section shall bear, in the upper right-hand corner of the address area, the words `Free Matter for Members of the Armed Forces of the United States', or words to that effect specified by the Postal Service. ``(f) Regulations.--This section shall be administered under such conditions, and under such regulations, as the Postal Service and the Secretary of Defense jointly may prescribe.''. (b) Funding.-- (1) Free postage.--Sections 2401(c) and 3627 of title 39, United States Code, are amended by striking ``3406'' and inserting ``3407''. (2) Air transportation.-- (A) In general.--Section 2401 of title 39, United States Code, is amended by redesignating subsections (d) through (g) as subsections (e) through (h), respectively, and by inserting after subsection (c) the following: ``(d) There are authorized to be appropriated to the Postal Service each year a sum determined by the Postal Service to be equal to the expenses incurred by the Postal Service in providing air transportation for mail sent to members of the Armed Forces of the United States free of postage under section 3407, not including the expense of air transportation that is provided by the Postal Service at the same postage rate or charge for mail which is not addressed to an Armed Forces post office.''. (B) Amendment to prevent duplicative funding.-- Section 3401(e) of title 39, United States Code, is amended by striking ``office.'' and inserting ``office or (3) for which amounts are authorized to be appropriated to the Postal Service under section 2401(d).''. (C) Technical and conforming amendments.-- (i) Annual budget.--Section 2009 of title 39, United States Code, is amended in the next to last sentence by striking ``(b) and (c)'' and inserting ``(b), (c), and (d)''. (ii) Comprehensive plan references.-- Sections 2803(a) and 2804(a) of such title 39 are amended by striking ``2401(g)'' and inserting ``2401(f)''. (c) Chapter Analysis.--The analysis for chapter 34 of title 39, United States Code, is amended by adding at the end the following: ``3407. Free postage for personal correspondence and certain parcels mailed to Members of the Armed Forces of the United States.''.	Providing Our Support to Troops Act of 2003 - Allows personal correspondence or certain parcels to be mailed free of postage if such matter is: (1) sent from within an area served by a U.S. post office; (2) addressed to an active-duty member of the armed forces or a civilian authorized to use postal services at military installations who holds a position or performs a function in support of military operations; and (3) addressed either to such an individual at a military post office established in an overseas area where the armed forces are engaged in operations involving armed conflict against a hostile foreign force, or to an individual who is hospitalized for a disease or injury resulting from service in such an area. Prohibits the free mailing privilege for any mail matter containing any advertising.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe and Responsible Handgun Act of 1996''. SEC. 2. FINDINGS. The Congress finds that-- (1) certain handguns that are widely marketed across State lines are traced disproportionately to violent crimes, and in particular to crimes in States other than those in which they were manufactured or purchased; (2) many of these handguns are of dangerously poor quality and threaten the safety even of legitimate users for sport or self-defense; (3) States should be encouraged to restrict the sale of handguns that are unsafe, particularly suited for crime, and not useful for sporting, hunting, law enforcement, or self- defense purposes; and (4) accurate and uniform data on the use of guns is essential to formulating effective policy to reduce violent crime involving guns and deaths and injuries from such crimes. SEC. 3. REDUCTION OF BYRNE GRANTS FOR STATES NOT ELECTING TO ESTABLISH HANDGUN ROSTER BOARDS. (a) Handgun Roster Boards.-- (1) Establishment.--The Secretary of the Treasury shall establish guidelines for the establishment by each State of a Handgun Roster Board (in this Act referred to as the ``Board'') which, at a minimum, meets the following requirements: (A) The Board shall consist of 9 members, each of whom shall be eligible to vote in an election for officials of the State, and-- (i) 1 of whom shall be a representative of the police; (ii) 1 of whom shall be a representative of the State prosecutor's office; (iii) 1 of whom shall be a representative of a State organization, or a local chapter of a national organization, which advocates the rights of fireams owners; (iv) 1 of whom shall be a representative of handgun dealers or manufacturers; (v) 1 of whom shall be a representative of a State organization, or local chapter of a national organization, which advocates greater control of handguns; and (vi) 3 of whom shall not meet any requirement of clauses (i) through (v). (B) The Board shall designate 1 of its members as the chairman of the Board. (2) Publication of roster.--Not less frequently than annually, the Board shall publish a roster which specifies the types of handguns which may be lawfully manufactured, sold, owned, possessed, or used in the State, and any terms, conditions, or circumstances under which such types of handguns may be so manufactured, sold, owned, possessed, or used, and shall transmit a copy of the roster to each licensed dealer in the State who is not prohibited by State law from dealing in handguns. (3) Factors to be considered.--In deciding whether to include a type of handgun on the roster, the Board shall consider the following factors: (A) Concealability. (B) Ballistic accuracy. (C) Portability. (D) Quality of materials. (E) Quality of manufacture. (F) Safety features. (G) Caliber. (H) Detectability by the standard security equipment commonly used at airports or courthouses and approved by the Federal Aviation Administration for use at airports in the United States. (I) Utility for legitimate sporting activities, hunting, self-protection, or law enforcement. (4) Procedural rule.--The Board may include a type of handgun on the roster upon the Board's initiative, or upon the petition of any person. (5) Laws relating to handguns.-- (A) In general.--The State shall have in effect such laws as may be necessary to make unlawful in the State the manufacture, sale, ownership, possession, and use of-- (i) any handgun which is of a type not specified on the roster published by the Board pursuant to paragraph (2); and (ii) any handgun which is of a type specified on the roster published by the Board pursuant to paragraph (2), except under such terms and conditions as the Board may specify. (B) Penalties for certain violations.-- (i) Unlawful manufacture of handgun.--Such laws shall provide that any person who unlawfully manufactures a handgun for distribution or sale shall be fined not more than $10,000 and be subject to such other penalties as may be provided for by State law. (ii) Unlawful sale or offer of handgun.-- Such laws shall provide that any person who unlawfully sells a handgun or offers a handgun for sale shall be fined not more than $2,500 and be subject to such other penalties as may be provided for by State law. (iii) Separate violations.--Such laws shall provide that a violation of such laws involving 2 or more handguns shall constitute separate violations of such laws with respect to each handgun involved. (C) Exemption for certain lawfully possessed handguns.--Subparagraph (A) shall not be construed to require the State laws described in subparagraph (A) to apply to any handgun lawfully possessed on the date of the enactment of the law. (6) Definitions.--As used in this subsection: (A) Handgun.--The term ``handgun'' shall have the meaning given such term by section 921(a)(29) of title 18, United States Code. (B) Licensed dealer.--The term ``licensed dealer'' shall have the meaning given such term by section 921(a)(11) of title 18, United States Code. (b) Compliance.-- (1) Compliance date.--Each State shall have not more than 3 years from the date of enactment of this Act in which to comply with subsection (a), except that the Attorney General may grant an additional 2 years to a State that is making good faith efforts to implement subsection (a). (2) Ineligibility for funds.-- (A) In general.--A State that fails to comply with subsection (a) of this section within the period prescribed by or under paragraph (1) of this subsection shall not receive 10 percent of the funds that would otherwise be allocated to the State under section 506 of the Omnibus Crime Control and Safe Streets Act of 1968. (B) Reallocation of funds.--Any funds that are not allocated to a State because of the failure of the State to comply with subsection (a) shall be reallocated to States that comply with subsection (a). SEC. 4. INDEPENDENT STUDY GROUP. (a) Establishment.--The Secretary of the Treasury, in cooperation with the Attorney General, shall establish Independent Study Group (in this section referred to as the ``ISG'') for the purpose of devising an effective national firearms injury reporting system. (b) Membership.--The ISG shall be composed of representatives from the Consumer Product Safety Commission, the Centers for Disease Control, the Bureau of Alcohol, Tobacco and Firearms, the Federal Bureau of Investigation, and the National Institute of Justice. (c) Duties.--The ISG shall study the feasibility of collecting data on the following, at a minimum: (1) Intentional and unintentional firearms injuries. (2) Fatal and nonfatal firearms injuries; (3) The date, time, type of location of firearms injuries, and whether they occurred during and in relation to the commission of another crime. (4) The type, make, model, caliber, serial number, and year of manufacture of the firearms involved. (5) The demographic characteristics of persons suffering firearm injuries and person causing the injuries. (6) The identity of the owner of the firearms involved, and how the firearms were stored. (7) Whether the firearms involved were stolen. (8) Whether and how drugs or alcohol were involved. (d) Report.--Within 1 year after the date of the enactment of this Act, the Secretary of the Treasury shall prepare and submit to the Congress a report recommending how an effective national firearms injury reporting system could be established, including how to avoid duplication of effort, and who would administer such a system.	Safe and Responsible Handgun Act of 1996 - Directs: (1) the Secretary of the Treasury to establish guidelines for the establishment by each State of a Handgun Roster Board; and (2) each Board to publish a roster of types of handguns which may be lawfully manufactured, sold, owned, possessed, or used (manufactured) in the State and any terms, conditions, or circumstances under which such handgun types may be manufactured and to transmit a copy of the roster to each licensed dealer in the State who is not prohibited by State law from dealing in handguns. Sets forth factors to be considered in deciding whether to include a handgun type on the roster, including concealability, safety features, and detectability by standard security equipment used at airports or courthouses. Requires States to have in effect such laws as necessary to prohibit the manufacture, sale, ownership, possession, and use of: (1) any handgun which is of a type not specified on the roster; and (2) any handgun which is of a type specified on the roster, except under such terms and conditions as the Board may specify. Sets forth provisions regarding: (1) penalties for the unlawful manufacture, sale, or offer for sale of a handgun; (2) State compliance; and (3) ineligibility of States not in compliance for formula grants under the Omnibus Crime Control and Safe Streets Act of 1968. Directs the Secretary to establish an Independent Study Group to devise an effective national firearms injury reporting system.
SECTION 1. OPEN CONTAINER LAWS. (a) Establishment.--Chapter 1 of title 23, United States Code, is amended by adding at the end the following new section: ``Sec. 161. Open Container Limitations ``(a) Withholding of Funds for Noncompliance.-- ``(1) General rule.--Beginning with fiscal year 1997, and for each fiscal year thereafter, the Secretary shall withhold 5 percent of the amount required to be apportioned to a State under paragraphs (1), (2), (5), and (6) of section 104(b) for the fiscal year, if, for any period during the immediately preceding fiscal year, the possession of any open alcoholic beverage container, or the consumption of any alcoholic beverage, in the passenger area of any motor vehicle located on a public highway, or the right-of-way of a public highway, in the State is lawful. ``(2) Limitation of application to charter buses.--If a State has in effect a law that makes the possession of any open alcoholic beverage container unlawful in the passenger area by the driver (but not by a passenger) of a motor vehicle designed to transport more than 10 passengers (including the driver) while being used to provide charter transportation of passengers, the State shall be deemed in compliance with paragraph (1) with respect to the motor vehicle for each fiscal year during which the law is in effect. ``(b) Period of Availability; Effect of Compliance and Noncompliance.-- ``(1) Funds withheld on or before september 30, 1997.-- ``(A) Period of availability.--Any funds withheld under this section from apportionment to any State on or before September 30, 1997, shall remain available for apportionment to the State as follows: ``(i) If, but for this section, the funds would otherwise have been apportioned under section 104(b)(5)(A), the funds shall remain available until the end of the fiscal year for which the funds are made available. ``(ii) If, but for this section, the funds would otherwise have been apportioned under section 104(b)(5)(B), the funds shall remain available until the end of the second fiscal year following the fiscal year for which the funds are made available. ``(iii) If, but for this section, the funds would have been apportioned under paragraph (1), (2), or (6) of section 104(b), the funds shall remain available until the end of the third fiscal year following the fiscal year for which the funds are made available. ``(B) Funds withheld after september 30, 1997.--No funds withheld under this section from apportionment to a State after September 30, 1997, shall be available for apportionment to the State. ``(2) Apportionment of withheld funds after compliance.-- If, before the last day of the period for which funds withheld under this section from apportionment are to remain available for apportionment to a State under paragraph (1), the State brings into effect a law that is in compliance with subsection (a), on the day following the effective date of the law, the Secretary shall apportion to the State the withheld funds remaining available for apportionment to the State pursuant to paragraph (1). ``(3) Period of availability of subsequently apportioned funds.-- ``(A) In general.--Any funds apportioned pursuant to paragraph (2) shall remain available for expenditure as follows: ``(i) Funds apportioned under section 104(b)(5)(A) shall remain available until the end of the fiscal year succeeding the fiscal year for which the funds are apportioned. ``(ii) Funds apportioned under paragraph (1), (2), (5)(B), or (6) of section 104(b) shall remain available until the end of the third fiscal year succeeding the fiscal year for which the funds are apportioned. ``(B) Unobligated sums.--Sums that are not obligated on the termination of the period referred to in subparagraph (A) shall-- ``(i) lapse; or ``(ii) in the case of funds apportioned under section 104(b)(5), lapse and be made available by the Secretary for projects in accordance with section 118(b). ``(4) Effect of noncompliance.--If, on the termination of the period for which funds withheld under this section from apportionment are available for apportionment to a State under paragraph (1), the State does not have in effect a State law that is in compliance with subsection (a)-- ``(A) the funds shall lapse; or ``(B) in the case of funds withheld from apportionment under section 104(b)(5), the funds shall lapse and be made available by the Secretary for projects in accordance with section 118(b). ``(c) Definitions.--As used in this section: ``(1) Alcoholic beverage.--The term `alcoholic beverage' has the meaning provided the term in section 158(c). ``(2) Motor vehicle.--The term `motor vehicle' has the meaning provided the term in section 154(b). ``(3) Open alcoholic beverage container.--The term `open alcoholic beverage container' has the meaning provided the term in section 410. ``(4) Passenger area.--The term `passenger area' shall have the meaning provided by the Secretary by regulation.''. (b) Conforming Amendment.--The analysis for chapter 1 of title 23, United States Code, is amended by adding at the end the following new item: ``161. Open container limitations.''.	Requires the Secretary of Transportation, beginning with FY 1997, to withhold five percent of the amount required to be apportioned to a State under specified Federal highway provisions if it is lawful in such State to: (1) possess an open alcoholic beverage container in the passenger area of any motor vehicle on a public highway; or (2) consume any alcoholic beverage in such motor vehicle on a public highway. Exempts from such withholding measures charter buses designed to transport more than ten passengers whose drivers are not permitted by State law to possess open alcoholic beverages in the passenger area. Provides for the release of withheld funds to States which comply with this Act.
SECTION 1. SHORT TITLE. This Act may be cited as the ``National Defense Enhancement and National Guard Empowerment Act of 2006''. SEC. 2. EXPANDED AUTHORITY OF CHIEF OF THE NATIONAL GUARD BUREAU AND EXPANDED FUNCTIONS OF THE NATIONAL GUARD BUREAU. (a) Expanded Authority.-- (1) In general.--Subsection (a) of section 10501 of title 10, United States Code, is amended by striking ``joint bureau of the Department of the Army and the Department of the Air Force'' and inserting ``joint activity of the Department of Defense''. (2) Purpose.--Subsection (b) of such section is amended by striking ``between'' and all that follows and inserting ``between-- ``(1)(A) the Secretary of Defense, the Joint Chiefs of Staff, and the commanders of the combatant commands for the United States, and (B) the Department of the Army and the Department of the Air Force; and ``(2) the several States.''. (b) Enhancements of Position of Chief of the National Guard Bureau.-- (1) Advisory function on national guard matters.-- Subsection (c) of section 10502 of title 10, United States Code, is amended by inserting ``to the Secretary of Defense, to the Chairman of the Joint Chiefs of Staff,'' after ``principal advisor''. (2) Member of joint chiefs of staff.--(A) Such section is further amended-- (i) by redesignating subsection (d) as subsection (e); and (ii) by inserting after subsection (c) the following new subsection (d): ``(d) Member of Joint Chiefs of Staff.--The Chief of the National Guard Bureau shall perform the duties prescribed for him or her as a member of the Joint Chiefs of Staff under section 151 of this title.''. (B) Section 151(a) of such title is amended by adding at the end the following new paragraph: ``(7) The Chief of the National Guard Bureau.''. (3) Grade.--Subsection (e) of such section, as redesignated by paragraph (2)(A)(i) of this subsection, is further amended by striking ``lieutenant general'' and inserting ``general''. (4) Annual report to congress on validated requirements.-- Section 10504 of such title is amended by adding at the end the following new subsection: ``(c) Annual Report on Validated Requirements.--Not later than December 31 each year, the Chief of the National Guard Bureau shall submit to Congress a report on the following: ``(1) The requirements validated under section 10503a(b)(1) of this title during the preceding fiscal year. ``(2) The requirements referred to in paragraph (1) for which funding is to be requested in the next budget for a fiscal year under section 10544 of this title. ``(3) The requirements referred to in paragraph (1) for which funding will not be requested in the next budget for a fiscal year under section 10544 of this title.''. (c) Enhancement of Functions of National Guard Bureau.-- (1) Development of charter.--Section 10503 of title 10, United States Code, is amended-- (A) in the matter preceding paragraph (1), by striking ``The Secretary of the Army and the Secretary of the Air Force shall jointly develop'' and inserting ``The Secretary of Defense, in consultation with the Secretary of the Army and the Secretary of the Air Force, shall develop''; and (B) in paragraph (12), by striking ``the Secretaries'' and inserting ``the Secretary of Defense''. (2) Additional general functions.--Such section is further amended-- (A) by redesignating paragraph (12), as amended by paragraph (1)(B) of this subsection, as paragraph (13); and (B) by inserting after paragraph (11) the following new paragraph (12): ``(12) Facilitating and coordinating with other Federal agencies, and with the several States, the use of National Guard personnel and resources for and in contingency operations, military operations other than war, natural disasters, support of civil authorities, and other circumstances.''. (3) Military assistance for civil authorities.--Chapter 1011 of such title is further amended by inserting after section 10503 the following new section: ``Sec. 10503a. Functions of National Guard Bureau: military assistance to civil authorities ``(a) Identification of Additional Necessary Assistance.--The Chief of the National Guard Bureau shall-- ``(1) identify gaps between Federal and State capabilities to prepare for and respond to emergencies; and ``(2) make recommendations to the Secretary of Defense on programs and activities of the National Guard for military assistance to civil authorities to address such gaps. ``(b) Scope of Responsibilities.--In meeting the requirements of subsection (a), the Chief of the National Guard Bureau shall, in coordination with the Adjutant Generals of the States, have responsibilities as follows: ``(1) To validate the requirements of the several States and Territories with respect to military assistance to civil authorities. ``(2) To develop doctrine and training requirements relating to the provision of military assistance to civil authorities. ``(3) To acquire equipment, materiel, and other supplies and services for the provision of military assistance to civil authorities. ``(4) To assist the Secretary of Defense in preparing the budget required under section 10544 of this title. ``(5) To administer amounts provided the National Guard for the provision of military assistance to civil authorities. ``(6) To carry out any other responsibility relating to the provision of military assistance to civil authorities as the Secretary of Defense shall specify. ``(c) Assistance.--The Chairman of the Joint Chiefs of Staff shall assist the Chief of the National Guard Bureau in carrying out activities under this section. ``(d) Consultation.--The Chief of the National Guard Bureau shall carry out activities under this section in consultation with the Secretary of the Army and the Secretary of the Air Force.''. (4) Budgeting for training and equipment for military assistance to civil authorities and other domestic missions.-- Chapter 1013 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 10544. National Guard training and equipment: budget for military assistance to civil authorities and for other domestic operations ``(a) In General.--The budget justification documents materials submitted to Congress in support of the budget of the President for a fiscal year (as submitted with the budget of the President under section 1105(a) of title 31) shall specify separate amounts for training and equipment for the National Guard for purposes of military assistance to civil authorities and for other domestic operations during such fiscal year. ``(b) Scope of Funding.--The amounts specified under subsection (a) for a fiscal year shall be sufficient for purposes as follows: ``(1) The development and implementation of doctrine and training requirements applicable to the assistance and operations described in subsection (a) for such fiscal year. ``(2) The acquisition of equipment, materiel, and other supplies and services necessary for the provision of such assistance and such operations in such fiscal year.''. (5) Limitation on increase in personnel of national guard bureau.--The Secretary of Defense shall, to the extent practicable, ensure that no additional personnel are assigned to the National Guard Bureau in order to address administrative or other requirements arising out of the amendments made by this subsection. (d) Conforming and Clerical Amendments.-- (1) Conforming amendment.--The heading of section 10503 of such title is amended to read as follows: ``Sec. 10503. Functions of National Guard Bureau: charter''. (2) Clerical amendments.--(A) The table of sections at the beginning of chapter 1011 of such title is amended by striking the item relating to section 10503 and inserting the following new items: ``10503. Functions of National Guard Bureau: charter. ``10503a. Functions of National Guard Bureau: military assistance to civil authorities.''. (B) The table of sections at the beginning of chapter 1013 of such title is amended by adding at the end the following new item: ``10544. National Guard training and equipment: budget for military assistance to civil authorities and for other domestic operations.''. (e) Termination of Position of Assistant to Chairman of Joint Chiefs of Staff for National Guard Matters.--Section 901 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1853; 10 U.S.C. 155 note) is amended to read as follows: ``SEC. 901. ASSISTANT TO THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF FOR RESERVE MATTERS. ``(a) In General.--There is within the Joint Staff the position of Assistant to the Chairman of the Joint Chiefs of Staff for Reserve Matters. ``(b) Selection.--The Assistant to the Chairman of the Joint Chiefs of Staff for Reserve Matters shall be selected by the Chairman from officers of the Army Reserve, the Navy Reserve, the Marine Corps Reserve, or the Air Force Reserve who-- ``(1) are recommended for such selection by the Secretary of the military department concerned; ``(2) have had at least 10 years of commissioned service in their reserve component; and ``(3) are in a grade above colonel or, in the case the Navy Reserve, captain. ``(c) Term of Office.--The Assistant to the Chairman of the Joint Chiefs of Staff for Reserve Matters serves at the pleasure of the Chairman for a term of two years and may be continued in that assignment in the same manner, for one additional term. However, in a time of war there is no limit on the number of terms. ``(d) Grade.--The Assistant to the Chairman of the Joint Chiefs of Staff for Reserve Matters while so serving, holds the grade of major general or, in the case of the Navy Reserve, rear admiral. The officer serving in the position shall be considered to be serving in a position external to that officer's Armed Force for purposes of section 721 of title 10, United States Code. ``(e) Duties.--The Assistant to the Chairman of the Joint Chiefs of Staff for Reserve Matters is an advisor to the Chairman on matters relating to the reserves and performs the duties prescribed for the position by the Chairman. ``(f) Other Reserve Component Representation on Joint Staff.--The Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff, shall develop appropriate policy guidance to ensure that, to the maximum extent practicable, the level of reserve component officer representation within the Joint Staff is commensurate with the significant role of the reserve components within the Total Force.''. SEC. 3. PROMOTION OF ELIGIBLE RESERVE OFFICERS TO LIEUTENANT GENERAL AND VICE ADMIRAL GRADES ON THE ACTIVE-DUTY LIST. (a) Sense of Congress.--It is the sense of Congress that, whenever officers are considered for promotion to the grade of lieutenant general, or vice admiral in the case of the Navy, on the active duty list, officers of the reserve components of the Armed Forces who are eligible for promotion to such grade should be considered for promotion to such grade. (b) Proposal.--The Secretary of Defense shall submit to Congress a proposal for mechanisms to achieve the objective specified in subsection (a). The proposal shall include such recommendations for legislative or administrative action as the Secretary considers appropriate in order to achieve that objective. (c) Notice Accompanying Nominations.--The President shall include with each nomination of an officer to the grade of lieutenant general, or vice admiral in the case of the Navy, on the active-duty list that is submitted to the Senate for consideration a certification that all reserve officers who were eligible for consideration for promotion to such grade were considered in the making of such nomination. SEC. 4. REQUIREMENT THAT POSITION OF DEPUTY COMMANDER OF THE UNITED STATES NORTHERN COMMAND BE FILLED BY A QUALIFIED NATIONAL GUARD OFFICER. (a) In General.--The position of Deputy Commander of the United States Northern Command shall be filled by a qualified officer of the National Guard who is eligible for promotion to the grade of lieutenant general. (b) Purpose.--The purpose of the requirement in subsection (a) is to ensure that information received from the National Guard Bureau regarding the operation of the National Guard of the several States is integrated into the plans and operations of the United States Northern Command.	National Defense Enhancement and National Guard Empowerment Act of 2006 - Expands the: (1) authority of the Chief of the National Guard Bureau (Bureau) to include membership on the Joint Chiefs of Staff (JCS) (and raises the grade of the Chief from lieutenant general to general); and (2) functions of the Bureau to include facilitating and coordinating, with other federal agencies and the states, the use of Guard personnel and resources for, and in, contingency operations, military operations other than war, natural disasters, and support of civil authorities. Directs the Chief to: (1) identify gaps between federal and state capabilities to prepare for and respond to emergencies; and (2) make recommendations to the Secretary of Defense on Guard programs and activities to address such gaps. Requires annual Department of Defense (DOD) budget justification documents to include separate amounts for Guard training and equipment for military assistance to civil authorities and other domestic operations. Establishes within the JCS an Assistant to the Chairman of the Joint Chiefs of Staff for Reserve Matters. Expresses the sense of Congress calling for consideration of eligible reserve officers for promotion to the grades of lieutenant general or vice admiral on the active duty list. Requires the position of Deputy Commander of the U.S. Northern Command to be filled by a qualified Guard officer eligible for promotion to the grade of lieutenant general.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Justice for Child Victims Act of 2016''. SEC. 2. RESTITUTION IN THE CASE OF TRAFFICKING IN CHILD PORNOGRAPHY CONVICTIONS. (a) Restitution in the Case of Trafficking in Child Pornography Convictions.--Section 2259(b) of title 18, United States Code, is amended-- (1) in paragraph (1)-- (A) by striking ``The order'' and inserting ``Except as provided in paragraph (2), the order''; and (B) by striking ``as determined by the court pursuant to paragraph (2)'' after ``of the victim's losses''; (2) by inserting after paragraph (1) the following: ``(2) Restitution for trafficking in child pornography convictions.--In the case of a conviction for trafficking in child pornography, the order of restitution under this section shall direct the defendant to pay the victim (through the appropriate court mechanism) an amount of restitution determined by the court as follows: ``(A) Full amount of victim's losses determined.-- The court shall first determine the full amount of the victim's losses that were incurred or reasonably projected to be incurred by the victim as a result of the trafficking in child pornography on or after the date of the conduct constituting the offense. ``(B) Termination of payment.--A victim's total aggregate recovery pursuant to this section shall not exceed the full amount of the victim's proven losses. After the victim has received restitution in the full amount of the victim's losses as measured by the greatest amount of such losses found, in any case involving that victim that has resulted in a final restitution under this section, the liability of each defendant who is or has been ordered to pay restitution for such losses to that victim shall be terminated. The court may direct the victim to provide information concerning the amount of restitution the victim has been paid in other cases for the same losses.''; (3) by striking paragraph (3); and (4) by redesignating paragraph (2) as paragraph (3). (b) Additional Definitions.--Section 2259(c) of title 18, United States Code, is amended-- (1) in the heading, to read as follows: ``Definitions''; (2) by striking ``For purposes'' and inserting the following: ``(1) Victim.--For purposes''; (3) by striking ``under this chapter, including, in the case'' and inserting ``under this chapter. In the case''; (4) by inserting after ``or any other person appointed as suitable by the court,'' the following: ``may assume the crime victim's rights under this section,''; and (5) by adding at the end the following: ``(2) Trafficking in child pornography.--For purposes of this section and section 2259A, the term `trafficking in child pornography' means conduct proscribed by section 2251(d), section 2252, paragraphs (1) though (5) of section 2252A(a), section 2252A(g) (in cases in which the series of felony violations exclusively involves violations of section 2251(d), 2252, 2252A(a)(1)-(5), or 2260(b)), or section 2260(b). ``(3) Child pornography production.--For purposes of this section and section 2259A, the term `child pornography production' means conduct proscribed by subsections (a) through (c) of section 2251, section 2252A(g) (in cases in which the series of felony violations involves at least one violation of such subsections), or section 2260(a). ``(4) Full amount of the victim's losses.--For purposes of this section, the term `full amount of the victim's losses' includes any costs incurred, or reasonably projected to be incurred in the future, by the victim, as a proximate result of the offense of conviction or, in the case of a trafficking in child pornography conviction, as a proximate result of all trafficking in child pornography offenses involving the same victim, including-- ``(A) medical services relating to physical, psychiatric, or psychological care; ``(B) physical and occupational therapy or rehabilitation; ``(C) necessary transportation, temporary housing, and child care expenses; ``(D) lost income; ``(E) attorneys' fees, as well as other costs incurred; and ``(F) any other relevant losses incurred by the victim.''. (c) Fixed Compensation.--Section 2259 of title 18, United States Code, is amended by adding at the end the following: ``(d) Choice To Receive Fixed Compensation.-- ``(1) Fixed compensation made available at victim's election.-- ``(A) Election to receive compensation.--A victim of trafficking in child pornography may opt to receive fixed compensation from the Child Pornography Victims' Fund. The court must first make a finding that the claimant is a victim of trafficking in child pornography. Upon such a finding and a determination by the victim to receive fixed compensation, the court shall order payment in accordance with subparagraph (B) to the victim from the Child Pornography Victims' Fund. ``(B) Amount of compensation.--The amount of compensation payable is equal to-- ``(i) for calendar year 1st effective year, $35,000; and ``(ii) for each calendar year thereafter, $35,000 multiplied by the ratio (not less than 1) of-- ``(I) the Consumer Price Index for all Urban Consumer (CPI-U, as published by the Bureau of Labor Statistics of the Department of Labor) for the calendar year preceding such calendar year, to ``(II) the CPI-U for calendar year 2 years prior to effective year. ``(2) Limitations on fixed compensation.--A victim may only obtain fixed compensation once. Obtaining fixed compensation shall not bar or limit the victim from receiving restitution against any defendant for any offenses other than trafficking in child pornography. A victim who receives fixed compensation from the Child Pornography Victims' Fund may subsequently seek restitution under this section in trafficking in child pornography cases. However, when determining the amount of restitution, the court shall deduct the amount the victim received in fixed compensation from the full amount of the victim's losses and shall exclude losses incurred prior to the payment of fixed compensation. ``(3) Acceptance of restitution to make victim ineligible for fixed compensation.--A victim who has collected payment of restitution pursuant to this section in an amount greater than the amount provided for under paragraph (1)(B) in a trafficking in child pornography case shall be ineligible to receive fixed compensation. ``(4) Attorney's fees.-- ``(A) In general.--An attorney may not charge, receive, or collect, and the court may not approve, any payment of fees and costs that in the aggregate exceeds 25 percent of any payment made under this section. ``(B) Penalty.--Any attorney who violates paragraph (1) shall be fined under this title or imprisoned for not more than 1 year, or both.''. (d) Clerical Amendment.--Section 1593(b)(3) of title 18, United States Code, is amended by striking ``section 2259(b)(3)'' and inserting ``section 2259(c)(4)''. SEC. 3. ASSESSMENTS IN CHILD PORNOGRAPHY CASES. (a) Assessments in Child Pornography Cases.--Chapter 110 of title 18, United States Code, is amended by inserting after section 2259 the following: ``Sec. 2259A. Assessments in trafficking in child pornography cases ``(a) In General.--In addition to any other criminal penalty, restitution, or special assessment authorized by law, the court shall assess-- ``(1) not more than $17,000 on any person convicted of an offense under sections 2252(a)(4) or 2252A(a)(5); ``(2) not more than $35,000 on any person convicted of any other offense for trafficking in child pornography; and ``(3) not more than $50,000 on any person convicted of a child pornography production offense. ``(b) Annual Adjustment.--The dollar amounts in subsection (a) shall be adjusted annually in conformity with the Consumer Price Index. ``(c) Factors Considered.--In determining the amount of the assessment under subsection (a), the court shall consider the factors set forth in sections 3553(a) and 3572. ``(d) Imposition and Implementation.-- ``(1) In general.--The provisions of subchapter C of chapter 227 (other than section 3571) and subchapter B of chapter 229 (relating to fines) apply to assessments under this section, except that paragraph (2) applies in lieu of any contrary provisions of law relating to fines or disbursement of money received from a defendant. ``(2) Effect on other penalties.--Imposition of an assessment under this section does not relieve a defendant of, or entitle a defendant to reduce the amount of any other penalty by the amount of the assessment. Any money received from a defendant shall be disbursed so that each of the following obligations is paid in full in the following sequence: ``(A) A special assessment under section 3013. ``(B) Restitution to victims of any child pornography production offense that the defendant committed. ``(C) An assessment under this section. ``(D) Other orders under section 2259 or any other section of this title. ``(E) All other fines, penalties, costs, and other payments required under the sentence. ``Sec. 2259B. Establishment of fund ``(a) Establishment.--There is established in the general fund of the Treasury a separate account to be known as the `Child Pornography Victim's Fund' (hereinafter in this section referred to as the `Fund'). ``(b) Deposits in Fund.--Notwithstanding any other provision of law, there shall be deposited in the Fund all assessments collected under section 2259A and any gifts, bequests, or donations to the Fund from private entities or individuals. ``(c) Retention of Sums in Fund; Availability for Expenditure Without Fiscal Year Limitation.--Sums deposited in the Fund shall remain in the Fund and be available for expenditure without fiscal year limitation. ``(d) Availability for Compensation Payments.--Amounts in the Fund shall be available for payment of compensation pursuant to section 2259(d). If at any time the Fund has insufficient funds to make all of the payments ordered under section 2259(d), the Fund shall make such payments as it can satisfy in full with the available funds. In determining the order in which such payments shall be made, the Fund shall make payments based on the date they were ordered, with the earliest-ordered payments made first. Sums shall be eligible to be disbursed from the Fund beginning on the date that is 6 months after the date of enactment of this title. ``(e) Administration.--The Attorney General shall administer the Child Pornography Victim's Fund and shall issue guidelines and regulations to implement this section. ``(f) Sense of Congress.--It is the intent of Congress that individuals who violate this Chapter before this legislation is enacted, but who are sentenced after this legislation is enacted, shall be subject to the statutory scheme that was in effect at the time the offenses were committed.'' (b) Clerical Amendment.--The table of sections for chapter of title 18, United States Code, is amended by inserting after the item pertaining to section 2259 the following: ``Sec. 2259A. Assessments in trafficking in child pornography cases. ``Sec. 2259B. Establishment of fund.''. SEC. 4. ALLOCATION OF AMOUNTS IN THE CRIME VICTIMS FUND. Section 1402(d)(3)(A) of chapter XIV of title II of Public Law 98- 473 (42 U.S.C. 10601(d)(3)(A)) is amended to read as follows: ``(A) Of the sums remaining in the Fund-- ``(i) in any particular fiscal year after compliance with paragraph (2), such sums as may be necessary shall be available only for-- ``(I) the United States Attorneys Offices and the Federal Bureau of Investigation to provide and improve services for the benefit of crime victims in the Federal criminal justice system (as described in section 3771 of title 18 and section 503 of the Crime Control Act of 1990) through victim coordinators, victims' specialists, and advocates, including for the administrative support of victim coordinators and advocates providing such services; and ``(II) a Victim Notification System; and ``(ii) in fiscal year 2017, $5,000,000 shall be transferred to the Child Pornography Victims Fund established under section 2259B of title 18, United States Code.''. SEC. 5. CLERICAL AMENDMENTS. (a) Expansion of Civil Remedies for Satisfaction of an Unpaid Fine.--Section 3613(c) of title 18, United States Code, is amended by inserting after ``pursuant to the provisions of subchapter C of chapter 227 of this title,'' the following: ``an assessment imposed pursuant to section 2259A of this title,''. (b) Clarification of Interstate or Foreign Commerce Provision Regarding Certain Activities Pertaining to Child Pornography.--Section 2252A of title 18, United States Code, is amended-- (1) in subsection (a)(2)(A)-- (A) by striking ``using any means or facility of interstate or foreign commerce'' before ``shipped or transported'' and inserting ``has been''; and (B) by inserting after ``child pornography'' the following: ``using any means or facility of interstate or foreign commerce or''; and (2) in subsection (a)(2)(B)-- (A) by striking ``using any means or facility of interstate or foreign commerce'' before ``shipped or transported'' and inserting ``has been''; and (B) by inserting after ``child pornography'' the following: ``using any means or facility of interstate or foreign commerce or''. (c) Clarification of the Definition of ``Sexually Explicit Conduct''.--Section 2256(2) of title 18, United States Code, is amended-- (1) in subparagraph (A)(v)-- (A) by inserting ``anus,'' before ``genitals''; and (B) by inserting a comma after ``genitals''; and (2) in subparagraph (B)(iii)-- (A) by inserting ``anus,'' before ``genitals''; and (B) by inserting a comma after ``genitals''. (d) Clarification of the Extent of the Offense of Coercion and Enticement of a Minor.--Section 3559(e)(2)(A) of title18, United States Code, is amended by striking ``into prostitution''. SEC. 6. REPORT ON IMPLEMENTATION. Not later than 18 months after the date of enactment of this Act, the Attorney General shall submit to Congress a report on the progress, if any, of the Department of Justice in obtaining restitution for victims of any offense under section 2251, 2251A, 2252, 2252A, or 2260 of title 18, United States Code.	Justice for Child Victims Act of 2016 This bill amends the federal criminal code to modify procedures for the payment of restitution and monetary assessments by defendants in certain child pornography cases. The bill also establishes a Child Pornography Victim's Fund.