SECTION 1. SHORT TITLE.

    This Act may be cited as the ``End Trafficking in Government
Contracting Act of 2012''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Executive agency.--The term ``executive agency'' has
        the meaning given the term in section 133 of title 41, United
        States Code.
            (2) Subcontractor.--The term ``subcontractor'' means a
        recipient of a contract at any tier under a grant, contract, or
        cooperative agreement.
            (3) Subgrantee.--The term ``subgrantee'' means a recipient
        of a grant at any tier under a grant or cooperative agreement.
            (4) United states.--The term ``United States'' has the
        meaning provided in section 103(12) of the Trafficking Victims
        Protection Act of 2000 (22 U.S.C. 7102(12)).

SEC. 3. CONTRACTING REQUIREMENTS.

    Section 106(g) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7104(g)) is amended by striking ``if the grantee or any
subgrantee,'' and all that follows through the period at the end and
inserting the following: ``or take any of the other remedial actions
authorized under section 5(c) of the End Trafficking in Government
Contracting Act of 2012, if the grantee or any subgrantee, or the
contractor or any subcontractor, engages in, or uses labor recruiters,
brokers, or other agents who engage in, (i) severe forms of trafficking
in persons, (ii) the procurement of a commercial sex act during the
period of time that the grant, contract, or cooperative agreement is in
effect, (iii) the use of forced labor in the performance of the grant,
contract, or cooperative agreement, or (iv) acts that directly support
or advance trafficking in persons, including the following acts:
            ``(1) Destroying, concealing, removing, or confiscating an
        employee's immigration documents without the employee's
        consent.
            ``(2) Failing to repatriate an employee upon the end of
        employment, unless--
                    ``(A) exempted from the duty to repatriate the
                employee by the Federal department or agency providing
                or entering into the grant, contract, or cooperative
                agreement; or
                    ``(B) the employee is a victim of human trafficking
                seeking victim services or legal redress in the country
                of employment or a witness in a human trafficking
                enforcement action.
            ``(3) Soliciting a person for the purpose of employment, or
        offering employment, by means of materially false or fraudulent
        pretenses, representations, or promises regarding that
        employment.
            ``(4) Charging recruited employees exorbitant placement
        fees, including fees equal to or greater than the employee's
        monthly salary, or recruitment fees that violate the laws of
        the country from which an employee is recruited.
            ``(5) Providing inhumane living conditions.''.

SEC. 4. COMPLIANCE PLAN AND CERTIFICATION REQUIREMENT.

    (a) Requirement.--The head of an executive agency may not provide
or enter into a grant, contract, or cooperative agreement valued at
$1,000,000 or more if performance will predominantly be conducted
overseas, unless a duly designated representative of the recipient of
such grant, contract, or cooperative agreement certifies to the
contracting or grant officer prior to receiving an award and on an
annual basis thereafter, after having conducted due diligence, that--
            (1) the recipient has implemented a plan to prevent the
        activities described in section 106(g) of the Trafficking
        Victims Protection Act of 2000 (22 U.S.C. 7104(g)), as amended
        by section 3, and is in compliance with that plan;
            (2) the recipient has implemented procedures to prevent any
        activities described in such section 106(g) and to monitor,
        detect, and terminate any subcontractor, subgrantee, or
        employee of the recipient found to be engaged in any activities
        described in such section; and
            (3) to the best of the representative's knowledge, neither
        the recipient, nor any subcontractor or subgrantee of the
        recipient or any agent of the recipient or of such a
        subcontractor or subgrantee, is engaged in any of the
        activities described in such section.
    (b) Limitation.--Any plan or procedures implemented pursuant to
subsection (a) shall be appropriate to the size and complexity of the
grant, contract, or cooperative agreement and to the nature and scope
of its activities, including the number of non-United States citizens
expected to be employed.
    (c) Disclosure.--The recipient shall provide a copy of the plan to
the contracting or grant officer upon request, and, as appropriate,
shall post the useful and relevant contents of the plan or related
materials on its website and at the workplace.
    (d) Performance Predominately Overseas.--For purposes of subsection
(a), a grant, contract, or cooperative agreement shall be considered to
be performed predominantly overseas if the estimated value of the
services required to be performed under the grant, contract, or
cooperative agreement outside the United States exceeds $500,000.

SEC. 5. MONITORING AND INVESTIGATION OF TRAFFICKING IN PERSONS.

    (a) Investigation.--If the contracting or grant officer of an
executive agency for a grant, contract, or cooperative agreement
receives credible evidence that a recipient of the grant, contract, or
cooperative agreement; any subgrantee or subcontractor of the
recipient; or any agent of the recipient or of such a subgrantee or
subcontractor, has engaged in an activity described in section 106(g)
of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(g)),
as amended by section 3, including a report from a contracting officer
representative, an inspector general, an auditor, an alleged victim or
victim's representative, or any other credible source, the contracting
or grant officer shall, before exercising any option to renew such
grant, contract, or cooperative agreement, request that the agency's
Office of Inspector General immediately initiate an investigation of
the allegation or allegations contained in the report. If the agency's
Office of Inspector General is unable to conduct a timely
investigation, the suspension and debarment office or another
investigative unit of the agency shall conduct the investigation.
    (b) Report.--Upon completion of an investigation under subsection
(a), the office or unit that conducted the investigation shall submit
to the contracting or grant officer and, if such investigation was not
conducted by the agency's Office of Inspector General, to the agency's
Office of Inspector General, a report on the investigation, including
conclusions about whether credible evidence exists that the recipient
of a grant, contract, or cooperative agreement; any subcontractor or
subgrantee of the recipient; or any agent of the recipient or of such a
subcontractor or subgrantee, engaged in any of the activities described
in section 106(g) of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7104(g)), as amended by section 3.
    (c) Remedial Actions.--
            (1) In general.--If a contracting or grant official
        determines that a recipient of a grant, contract, or
        cooperative agreement, or any subcontractor or subgrantee of
        the recipient, has engaged in any of the activities described
        in such section 106(g), the contracting or grant officer shall
        consider taking one or more of the following remedial actions:
                    (A) Requiring the recipient to remove an employee
                from the performance of work under the grant, contract,
                or cooperative agreement.
                    (B) Requiring the recipient to terminate a
                subcontract or subgrant.
                    (C) Suspending payments under the grant, contract,
                or cooperative agreement.
                    (D) Withholding award fees, consistent with the
                award fee plan, for the performance period in which the
                agency determined the contractor or subcontractor
                engaged in any of the activities described in such
                section 106(g).
                    (E) Declining to exercise available options under
                the contract.
                    (F) Terminating the contract for default or cause,
                in accordance with the termination clause for the
                contract.
                    (G) Referring the matter to the agency suspension
                and debarment official.
                    (H) Referring the matter to the Department of
                Justice for prosecution under any applicable law.
            (2) Savings clause.--Nothing in this subsection shall be
        construed as limiting the scope of applicable remedies
        available to the Federal Government.
            (3) Mitigating factor.--Where applicable, the contracting
        or grant official may consider whether the contractor or
        grantee had a plan in place under section 4, and was in
        compliance with that plan at the time of the violation, as a
        mitigating factor in determining which remedies, if any, should
        apply.
    (d) Inclusion of Report Conclusions in FAPIIS.--The contracting or
grant officer shall ensure that relevant findings contained in the
report under subsection (b) are included in the Federal Awardee
Performance and Integrity Information System (FAPIIS). These findings
shall be considered relevant past performance data for the purpose of
awarding future contracts, grants, or cooperative agreements.

SEC. 6. NOTIFICATION TO INSPECTORS GENERAL AND COOPERATION WITH
              GOVERNMENT.

    The head of an executive agency making or awarding a grant,
contract, or cooperative agreement shall require that the recipient of
the grant, contract, or cooperative agreement--
            (1) immediately inform the Inspector General of the
        executive agency of any information it receives from any source
        that alleges credible evidence that the recipient; any
        subcontractor or subgrantee of the recipient; or any agent of
        the recipient or of such a subcontractor or subgrantee, has
        engaged in conduct described in section 106(g) of the
        Trafficking in Victims Protection Act of 2000 (22 U.S.C.
        7104(g)), as amended by section 3 of this Act; and
            (2) fully cooperate with any Federal agencies responsible
        for audits, investigations, or corrective actions relating to
        trafficking in persons.

SEC. 7. EXPANSION OF FRAUD IN FOREIGN LABOR CONTRACTING TO INCLUDE WORK
              OUTSIDE THE UNITED STATES.

    Section 1351 of title 18, United States Code, is amended--
            (1) by striking ``Whoever knowingly'' and inserting ``(a)
        Work Inside the United States.--Whoever knowingly''; and
            (2) by adding at the end the following new subsection:
    ``(b) Work Outside the United States.--Whoever knowingly and with
intent to defraud recruits, solicits, or hires a person outside the
United States or causes another person to recruit, solicit, or hire a
person outside the United States, or attempts to do so, for purposes of
work performed on a United States Government contract performed outside
the United States, or on a United States military installation or
mission or other property or premises owned or controlled by the United
States Government, by means of materially false or fraudulent
pretenses, representations, or promises regarding that employment,
shall be fined under this title or imprisoned for not more than 5
years, or both.''.

SEC. 8. IMPROVING DEPARTMENT OF DEFENSE ACCOUNTABILITY FOR REPORTING
              TRAFFICKING IN PERSONS CLAIMS AND VIOLATIONS.

    Section 105(d)(7)(H) of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7103(d)(7)(H)) is amended--
            (1) in clause (ii), by striking ``and'' at the end;
            (2) by redesignating clause (iii) as clause (iv);
            (3) by inserting after clause (ii) the following new
        clause:
                            ``(iii) all known trafficking in persons
                        cases reported to the Under Secretary of
                        Defense for Personnel and Readiness;'';
            (4) in clause (iv), as redesignated by paragraph (2), by
        inserting ``and'' at the end after the semicolon; and
            (5) by adding at the end the following new clause:
                            ``(v) all trafficking in persons activities
                        of contractors reported to the Under Secretary
                        of Defense for Acquisition, Technology, and
                        Logistics;''.

SEC. 9. RULE OF CONSTRUCTION.

    Excluding section 7, nothing in this Act shall be construed to
supersede, enlarge, or diminish the common law or statutory liabilities
of any grantee, subgrantee, contractor, subcontractor, or other party
covered by section 106(g) of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7104(g)), as amended by section 3.

Summary: End Trafficking in Government Contracting Act of 2012 - Amends the Trafficking Victims Protection Act of 2000 to expand the authority of a federal agency to terminate a grant, contract, or cooperative agreement involving grantees or contractors who engage in severe forms of trafficking in persons to include grantees or contractors who: (1) engage in acts that directly support or advance trafficking in persons, (2) destroy an employee's immigration documents or fail to repatriate such employee upon the end of employment, (3) solicit persons for employment under false pretenses, (4) charge recruited employees exorbitant placement fees, or (5) provide inhumane living conditions. Requires the Interagency Task Force to Monitor and Combat Trafficking to monitor all known cases and activities involving trafficking in persons that are reported to certain officials of the Department of Defense (DOD). Prohibits the head of an executive agency from entering into a grant, contract, or cooperative agreement valued at $1 million or more if performance will predominantly be conducted overseas unless a representative of the recipient of such grant, contract, or cooperative agreement certifies that the recipient has implemented a plan and procedures to prevent trafficking in persons. Requires a contracting or grant officer of an executive agency who receives credible evidence that a recipient of a grant, contract, or cooperative agreement has engaged in trafficking in persons or other prohibited activities to request the agency's Inspector General to investigate allegations of trafficking and to take remedial actions, including the suspension of payments under the grant, contract, or cooperative agreement. Amends the federal criminal code to impose a fine andor prison term of up to five years on any individual who knowingly and with intent to defraud recruits, solicits, or hires a person outside the United States, or attempts to do so, to work on on a government contract performed on government facilities outside the United States by means of materially false or fraudulent pretenses, representations, or promises regarding such employment.

To prevent human trafficking in government contracting.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Improved Security Vetting for
Aviation Workers Act of 2015''.

SEC. 2. AVIATION SECURITY.

    (a) In General.--Subtitle A of title XVI of the Homeland Security
Act of 2002 (6 U.S.C. 561 et seq.) is amended by adding after section
1601 the following new section:

``SEC. 1602. VETTING OF AVIATION WORKERS.

    ``(a) In General.--By not later than December 31, 2015, the
Administrator, in coordination with the Assistant Secretary for Policy
of the Department, shall request from the Director of National
Intelligence access to additional data from the Terrorist Identities
Datamart Environment (TIDE) data and any or other terrorism-related
information to improve the effectiveness of the Administration's
credential vetting program for individuals with unescorted access to
sensitive areas of airports.
    ``(b) Security Inspection.--By not later than December 31, 2015,
the Administrator shall issue guidance for Transportation Security
Inspectors to annually review airport badging office procedures for
applicants seeking access to sensitive areas of airports. Such guidance
shall include a comprehensive review of applicants' Criminal History
Records Check (CHRC) and work authorization documentation during the
course of an inspection.
    ``(c) Information Sharing.--By not later than December 31, 2015,
the Administrator may conduct a pilot program of the Rap Back Service,
in coordination with the Director of the Federal Bureau of
Investigation, to determine the feasibility of full implementation of a
service through which the Administrator would be notified of a change
in status of an individual holding a valid credential granting
unescorted access to sensitive areas of airports across eligible
Administration-regulated populations.
    ``(d) Procedures.--The pilot program under subsection (c) shall
evaluate whether information can be narrowly tailored to ensure that
the Administrator only receives notification of a change with respect
to a disqualifying offense under the credential vetting program under
subsection (a), as specified in 49 CFR 1542.209, and in a manner that
complies with current regulations for fingerprint-based criminal
history records checks. The pilot program shall be carried out in a
manner so as to ensure that, in the event that notification is made
through the Rap Back Service of a change but a determination of arrest
status or conviction is in question, the matter will be handled in a
manner that is consistent with current regulations. The pilot program
shall also be carried out in a manner that is consistent with current
regulations governing an investigation of arrest status, correction of
Federal Bureau of Investigation records and notification of
disqualification, and corrective action by the individual who is the
subject of an inquiry.
    ``(e) Determination and Submission.--If the Administrator
determines that full implementation of the Rap Back Service is feasible
and can be carried out in a manner that is consistent with current
regulations for fingerprint-based criminal history checks, including
the rights of individuals seeking credentials, the Administrator shall
submit such determination, in writing, to the Committee on Homeland
Security of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs and the Committee on Commerce,
Science, and Transportation of the Senate, together with information on
the costs associated with such implementation, including the costs
incurred by the private sector. In preparing this determination, the
Administrator shall consult with the Chief Civil Rights and Civil
Liberties Officer of the Department to ensure that protocols are in
place to align the period of retention of personally identifiable
information and biometric information, including fingerprints, in the
Rap Back Service with the period in which the individual who is the
subject of an inquiry has a valid credential.
    ``(f) Credential Security.--By not later than September 30, 2015,
the Administrator shall issue guidance to airports mandating that all
federalized airport badging authorities place an expiration date on
airport credentials commensurate with the period of time during which
an individual is lawfully authorized to work in the United States.
    ``(g) Aviation Worker Lawful Status.--By not later than December
31, 2015, the Administrator shall review the denial of credentials due
to issues associated with determining an applicant's lawful status in
order to identify airports with specific weaknesses and shall
coordinate with such airports to mutually address such weaknesses, as
appropriate.
    ``(h) Reports to Congress.--Upon completion of the determinations
and reviews required under this section, the Administrator shall brief
the Committee on Homeland Security and the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs and the Committee on
Commerce, Science, and Transportation of the Senate on the results of
such determinations and reviews.''.
    (b) Clerical Amendment.--The table of contents of the Homeland
Security Act of 2002 is amended by inserting after the item relating to
section 1601 the following new item:

``Sec. 1602. Vetting of aviation workers.''.

SEC. 3. STATUS UPDATE ON RAP BACK SERVICE PILOT PROGRAM.

    Not later than 60 days after the date of the enactment of this Act,
the Administrator of the Transportation Security Administration shall
submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs and the Committee on Commerce, Science, and Transportation of
the Senate a report on the status of plans to conduct a pilot program
in coordination with the Federal Bureau of Investigation of the Rap
Back Service in accordance with subsection (c) of section 1602 of the
Homeland Security Act of 2002, as added by section 2 of this Act. The
report shall include details on the business, technical, and resource
requirements for the Transportation Security Administration and pilot
program participants, and provide a timeline and goals for the pilot
program.

            Passed the House of Representatives July 27, 2015.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Summary: Improved Security Vetting for Aviation Workers Act of 2015 This bill amends the Homeland Security Act of 2002 todirect the Transportation Security Administration (TSA) of the Department of Homeland Security (DHS), by December 31, 2015, in coordination with the DHS Assistant Secretary for Policy, to request from the Director of National Intelligence access to additional data from the Terrorist Identities Datamart Environment data and any or other terrorism-related information to improve the effectiveness of TSA's credential vetting program for individuals with unescorted access to sensitive areas of airports. The TSA, by the same deadline, shall: issue guidance for Transportation Security Inspectors to review annually airport badging office procedures for applicants seeking access to sensitive airport areas, including a comprehensive review of applicants' Criminal History Records Check and work authorization documentation during the course of an inspection. Issue guidance to airports requiring that all federalized airport badging authorities place an expiration date on airport credentials commensurate with the period of time during which an individual is lawfully authorized to work in the United States. And review the denial of credentials owing to an applicants's lawful status in order to identify airports with specific weaknesses and coordinate with them to address such weaknesses. The TSA may conduct a Rap Back Service pilot program, in coordination with the Federal Bureau of Investigation (FBI), to determine the feasibility of full implementation of a service through which the TSA would be notified of a change in status of an individual holding a valid credential granting unescorted access to sensitive airport areas across eligible TSA-regulated populations. Certain pilot program procedures are prescribed regarding notification only of a change with respect to a disqualifying offense under the credential vetting program. The TSA, within 60 days after enactment of this Act, shall report to Congress on the status of plans to conduct the Rap Back Service pilot program.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Aviation Industry Stabilization Act
of 2003''.

SEC. 2. AMENDMENT OF TITLE 49, UNITED STATES CODE.

    Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or a
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of title 49,
United States Code.

SEC. 3. AVIATION INSURANCE.

    (a) Authority.--Section 44302(a)(1) is amended by striking ``may''
and inserting ``shall''.
    (b) Extension of Policies.--Section 44302(f)(1) is amended by
striking ``August 31, 2003, and may extend through December 31, 2003,''
and inserting ``December 31, 2007,''.
    (c) Coverage.--Section 44303 is amended--
            (1) in subsection (a) by striking ``In general.--'' and
        inserting ``In General.--''; and
            (2) in subsection (b)--
                    (A) by striking ``during the period beginning on''
                and inserting ``on or after''; and
                    (B) by striking ``and ending on December 31,
                2003,''.
    (d) Termination Date.--Section 44310 and the item relating to such
section in the analysis for chapter 443 are repealed.

SEC. 4. LOAN GUARANTEES AND LINES OF CREDIT FOR AVIATION FUEL COSTS.

    (a) Extension of Application Period.--Notwithstanding section
1300.16 of title 14, Code of Federal Regulations, or any other
provision of law or regulation, applications for Federal credit
instruments authorized by section 101 of the Air Transportation Safety
and System Stabilization Act (49 U.S.C. 40101 note; 115 Stat. 230) may
be filed for a period of 30 days following the date on which the
President authorizes the military to use force against the Republic of
Iraq in calendar year 2003, and the Air Transportation Stabilization
Board determines that an extraordinary increase in jet fuel prices (as
defined in section 11(a)(3)) has occurred.
    (b) Publication of Notice.--The Board shall publish a notice in the
Federal Register announcing that applications may be filed under
subsection (a) and another notice when the time for such applications
will end.
    (c) Limitations on Federal Credit Instruments.--A Federal credit
instrument issued by the Board in accordance with this section shall--
            (1) be for the purpose of allowing an air carrier to secure
        financial obligations to pay for its aviation fuel purchases
        for a period of 6 months or the period that begins on the date
        the Board determines that an extraordinary increase in jet fuel
        prices has occurred and ends on the date that the Secretary of
Transportation determines that the average price for jet fuel in
calendar year 2003 is equal to or less than the average price reported
by major air carriers for calendar year 2002, whichever period ends
sooner; and
            (2) be for the actual increased aviation fuel cost incurred
        by the air carrier or a reasonable estimate of such cost over
        the average price of commercial aviation fuel reported to the
        Secretary of Transportation by air carriers during calendar
        year 2002, as determined by the Board.
    (d) Maximum Amount of Federal Credit Instruments.--The maximum
amount of Federal credit instruments that may be issued by the Board in
accordance with this section shall be $3,000,000,000. The Board shall
establish a formula setting the maximum amount of Federal credit
instruments that may be issued to any air carrier based on the
percentage of gallons of aviation fuel consumed by that air carrier in
proportion to the total gallons of aviation fuel consumed by all air
carriers during calendar year 2002.
    (e) Special Rules.--
            (1) Limitation on applicability.--Sections 102(c),
        102(d)(1), and 102(d)(2) of the Air Transportation Safety and
        System Stabilization Act (49 U.S.C. 40101 note; 115 Stat. 231-
        232) shall not apply to Federal credit instruments to be issued
        in accordance with this section.
            (2) Inclusion of lines of credit.--For purposes of Federal
        credit instruments to be issued in accordance with this
        section, the term ``Federal credit instrument'', as used in
        section 107(2) of the Air Transportation Safety and System
        Stabilization Act (115 Stat. 234), includes a line of credit
        and a guarantee of a line of credit issued by a third party.
            (3) Treatment of time period.--The 2-year period referred
        to in section 104(a) of the Air Transportation Safety and
        System Stabilization Act (49 U.S.C. 40101 note; 115 Stat. 233)
        shall be treated with respect to an application filed in
        accordance with subsection (a) of this section as being the 2-
        year period beginning on the date of enactment of this Act.
    (f) Savings Clause.--Nothing in this section shall be construed as
affecting an application filed before the date of enactment of this Act
for a Federal credit instrument authorized by section 101 of the Air
Transportation Safety and Stabilization Act (49 U.S.C. 40101 note; 115
Stat. 230).
    (g) Major Air Carrier Defined.--In this section, the term ``major
air carrier'' has the meaning such term has under section 41720(a) of
title 49, United States Code.

SEC. 5. AIR MARSHALS.

    Not later than 90 days after all cockpit doors that are required to
be strengthened under section 104(a) of the Aviation and Transportation
Security Act (49 U.S.C. 44903 note; 115 Stat. 605-606) are
strengthened, the Under Secretary for Border and Transportation
Security of the Department of Homeland Security shall consider whether
it is necessary to require Federal air marshals to be seated in the
first class cabin of an aircraft with strengthened cockpit doors and
report to Congress (in classified form if necessary) on the results of
such reconsideration.

SEC. 6. SCREENING OF MAIL.

    (a) Improved Screening.--Not later than 30 days after the date of
enactment of this Act, the Under Secretary for Border and
Transportation Security of the Department of Homeland Security shall
undertake, without a decrease in aviation security, such action as may
be necessary to improve the screening of mail so that it can be carried
on passenger flights of air carriers.
    (b) Report.--Not later than 120 days after the date of enactment of
this Act, the Under Secretary shall transmit to Congress a report on
the Transportation Security Administration's pilot program to determine
whether canine teams can be used to screen mail before being placed
aboard passenger-carrying aircraft.

SEC. 7. REIMBURSEMENT OF AIR CARRIERS FOR CERTAIN SCREENING AND RELATED
              ACTIVITIES.

    The Under Secretary for Border and Transportation Security of the
Department of Homeland Security, within available resources, shall
reimburse air carriers and airports for the following:
            (1) All screening and related activities that the air
        carriers or airports perform or are responsible for performing,
        including--
                    (A) the screening of catering supplies;
                    (B) checking documents at security checkpoints;
                    (C) screening of passengers; and
                    (D) screening of persons with access to aircraft.
            (2) The provision of space and facilities used to perform
        screening functions if such space and facilities have been
        previously used, or were intended to be used, for revenue-
        producing purposes.

SEC. 8. REIMBURSEMENT OF AIR CARRIERS FOR FORTIFYING COCKPIT DOOR.

    The Under Secretary for Border and Transportation Security of the
Department of Homeland Security shall reimburse air carriers for the
cost of fortifying cockpit doors in accordance with section 48301(b) of
title 49, United States Code.

SEC. 9. REIMBURSEMENT OF AIR CARRIERS FOR CERTAIN LOSSES RESULTING FROM
              WAR WITH IRAQ.

    (a) In General.--The Secretary of Transportation shall reimburse an
air carrier for any financial losses that the Secretary determines are
attributable to the loss of air traffic resulting from the use of force
against the Republic of Iraq in calendar year 2003.
    (b) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out this section.

SEC. 10. AIRLIFT SERVICES.

    Section 41106 is amended by adding at the end the following:
    ``(e) Compensation of Contractors.--An airlift services contract
entered into by the Secretary of Defense and an air carrier described
in subsection (a) shall ensure that the air carrier is compensated for
the positioning, de-positioning, and other ferry portions of missions
performed under the contract.''.

SEC. 11. STRATEGIC PETROLEUM RESERVE.

    (a) Requirement.--
            (1) Drawdown.--Notwithstanding any other provision of law,
        if the President authorizes the military to use force against
        the Republic of Iraq in calendar year 2003, the Secretary of
        Energy shall drawdown and distribute petroleum from the
        Strategic Petroleum Reserve in quantities of not less than
        500,000 barrels per day, to the extent necessary to remedy a
        dislocation in the jet fuel market or an extraordinary increase
        in the price of jet fuel.
            (2) Dislocation in jet fuel market.--For purposes of
        paragraph (1), a dislocation in the jet fuel market occurs when
        the inventories of United States domestic jet fuel (as reported
        by the Department of Energy) decrease by more than 25 percent
        over the previous 3-year rolling average.
            (3) Extraordinary price increase.--
                    (A) In general.--For purposes of paragraph (1) and
                section 4, an extraordinary increase in the price of
                jet fuel occurs when the quotient exceeds by 50 percent
                the average price for jet fuel reported to the
                Secretary of Transportation by air carriers for 2002.
                    (B) Calculation of quotient.--For purposes of
                subparagraph (A), the quotient is calculated by
                dividing by 2 the sum of the Gulf Coast and New York
                Harbor 5-day spot average prices of jet fuel.
    (b) Cessation.-- The Secretary of Energy may cease any drawdown
under subsection (a) if the Secretary determines that--
            (1) there no longer is any dislocation in the jet fuel
        market; or
            (2) in the case of a drawdown resulting from an
        extraordinary increase in the price of jet fuel, the quotient
        calculated under subsection (a)(3) no longer exceeds by 50
        percent the average price for jet fuel reported to the
        Secretary of Transportation by air carriers for 2002.

SEC. 12. CARGO CARRIED ABOARD PASSENGER-CARRYING AIRCRAFT.

    (a) Establishment of Working Group.--The Under Secretary for Border
and Transportation Security of the Department of Homeland Security
shall establish an air cargo security working group with industry
experts from the Transportation Security Administration, passenger
airlines, indirect air carriers, shippers, small businesses, and other
related groups to develop recommendations on the enhancement of the
current known shipper program.
    (b) Duties of Working Group.--The working group shall analyze the
effectiveness of the current known shipper program, develop recommended
enhancements, and present its findings and recommendations to the Under
Secretary. In developing its recommendations, the working group shall
take into consideration the extraordinary air transportation needs of
small or isolated communities and unique operational aspects of
carriers that serve such communities.

SEC. 13. FACTORS CONTRIBUTING TO AIR CARRIER FINANCIAL DIFFICULTIES.

    (a) Analysis.--The Comptroller General shall analyze the factors
contributing to the financial difficulties of air carriers for the
purpose of determining possible approaches to alleviate such
difficulties.
    (b) Report.--Not later than 90 days after the date of enactment of
this Act, the Comptroller General shall transmit to Congress a report
on the results of the analysis, together with recommendations.

Summary: Aviation Industry Stabilization Act of 2003 - Amends Federal transportation law to change from discretionary to mandatory the authority of the Secretary of Transportation to provide insurance and reinsurance against loss or damage arising out of any risk from the operation of an American aircraft or foreign-flag aircraft. Grants the Secretary authority to extend through calendar year 2007 the termination date of any insurance policy issued to an air carrier. Makes permanent the Secretary's authority to declare an air carrier a victim of terrorism not liable for third party claims arising out of acts of terrorism. Extends the period for an air carrier to apply for a loan guarantee or line of credit to pay for its aviation fuel costs or increases in aviation fuel costs under the Air Transportation Safety and System Stabilization Act. Requires the Under Secretary for Border and Transportation Security, after all cockpit doors are strengthened, to consider and report to Congress on whether it is necessary to require Federal air marshals to be seated in the first class cabin of an aircraft with strengthened cockpit doors. Requires the Under Secretary to: (1) undertake action necessary to improve the screening of mail so that it can be carried on passenger flights. And (2) reimburse air carriers for certain screening and related activities as well as the cost of fortifying cockpit doors, and for any financial losses attributed to the loss of air traffic resulting from the use of force against Iraq in calendar year 2003. Requires that an airlift services contract entered into by the Secretary of Defense and an air carrier provide for the air carrier to be compensated for the positioning, repositioning, and other ferry portions of missions performed under the contract. Requires the Secretary of Energy, if the use of force against Iraq is authorized in calendar year 2003, to drawdown and distribute petroleum from the Strategic Petroleum Reserve to the extent necessary to remedy a dislocation in the jet fuel market or an extraordinary increase in the price of jet fuel. Establishes an air cargo security working group composed of various groups to develop recommendations on the enhancement of the current known shipper program. Directs the Comptroller General to analyze factors contributing to the financial difficulties of air carriers to determine possible approaches to alleviate such difficulties.

To amend title 49, United States Code, to provide relief to the airline industry, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United States-Israel Homeland
Security Foundation Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The development and implementation of technology is a
        crucial component of combating terrorism and implementing
        homeland security strategies.
            (2) Israel and Israeli industries have extensive experience
        with matters pertaining to homeland security generally and
        anti-terrorism specifically, including expertise in the fields
        of border integrity, transportation security, first responder
        equipment, and civil defense planning.
            (3) The United States and Israel have an extensive history
        of working cooperatively and successfully to assist with the
        development of agricultural, defense, telecommunications, and
        other technologies mutually beneficial to each country, as
        exemplified by the success of the Binational Industrial
        Research and Development Foundation, commonly referred to as
        the BIRD Foundation.
            (4) Initiated in 1977 as a grant program funded in equal
        parts by the governments of the United States and Israel in
        support of joint United States-Israeli business ventures, the
        BIRD Foundation has invested $180 million in 600 projects over
        the past 27 years and has realized $7 billion in sales and the
        development of a number of important technologies.
            (5) The establishment of a similar bi-national foundation,
        or the expansion of the BIRD Foundation, to support the
        development of technologies and services applicable to homeland
        security would be beneficial to the security of the United
        States and Israel and would strengthen the economic ties
        between the two countries.

SEC. 3. UNITED STATES-ISRAEL HOMELAND SECURITY FOUNDATION.

    The Homeland Security Act of 2002 (Public Law 107-296) is amended
by inserting after section 307 (6 U.S.C. 187) the following new
section:

``SEC. 307A UNITED STATES-ISRAEL HOMELAND SECURITY FOUNDATION AND GRANT
              PROGRAM.

    ``(a) Establishment and Purpose.--
            ``(1) Establishment authorized.--The Secretary may
        establish a United States-Israel Homeland Security Foundation
        (in this section referred to as the `Foundation'), for the
        purpose of awarding conditional grants to joint business
        ventures between United States and Israeli private corporate
        entities to develop, manufacture, sell, or otherwise provide
        products and services with applications related to homeland
        security.
            ``(2) Administration.--The Secretary shall administer the
        grant program through the Directorate of Science and
        Technology.
    ``(b) Eligible Entities.--To be eligible to receive a grant under
this section, an applicant shall--
            ``(1) be a joint venture consisting of United States and
        Israeli private corporate entities;
            ``(2) be in the process of developing a product or service
        determined by the Secretary to have applications related to
        homeland security; and
            ``(3) demonstrate to the satisfaction of the Secretary a
        capability to develop, manufacture, sell, and support the
        product or service.
    ``(c) Application.--An eligible entity may apply for a grant under
this section by submitting to the Secretary an application at such time
and in such manner as the Secretary may require and containing the
following information:
            ``(1) An identification of the entity that is applying for
        the grant.
            ``(2) The activities that the entity anticipates will be
        funded by the award of a grant.
            ``(3) The services or products the entity anticipates will
        be made available, either commercially or otherwise, as a
        result of an award of a grant.
            ``(4) A detailed capital budget for the proposed project,
        including the manner in which the grant funds will be allocated
        and expended.
            ``(5) Such other information as the Secretary may require.
    ``(d) Amount of Grant.--A grant under this section may not exceed
50 percent of the total proposed cost for the development, manufacture,
and provision of the product or service of the applicant described in
the application.
    ``(e) Grant Repayment.--A grant recipient shall repay the grant to
the Foundation as the Secretary may reasonably require. Grant
repayments may not exceed more than 150 percent of the grant awarded,
adjusted for inflation in accordance with the Consumer Price Index.
    ``(f) Advisory Board.--
            ``(1) Representatives.--Administration of the Foundation
        shall include an advisory board comprised of public and private
        sector representatives.
            ``(2) Membership of advisory board.--
                    ``(A) United states membership.--Membership to the
                advisory board shall include the Director of the
                Homeland Security Advanced Research Projects Agency and
                the Director of International Affairs of the Department
                of Homeland Security.
                    ``(B) Israeli membership.--The Secretary shall
                extend an invitation to the relevant Israeli government
                officials for their participation on the advisory
                board.
    ``(g) Foundation Funding.--Subject to subsection (i), if the
Secretary decides to establish the Foundation under subsection (a), the
Secretary shall use not less than $25,000,000 of the funds available in
the Acceleration Fund for Research and Development of Homeland Security
Technologies, established under section 307(c)(1), to administer the
Foundation.
    ``(h) Alternative Mechanism to Support Homeland Security Products
and Services.--Subject to subsection (i), if the Secretary decides not
to establish the Foundation under subsection (a), the Secretary shall
use not less than $25,000,000 of the funds available in the
Acceleration Fund for Research and Development of Homeland Security
Technologies, established under section 307(c)(1), to support the
efforts of the Binational Industrial Research and Development
Foundation to make grants to joint United States-Israeli business
ventures for projects related to homeland security.
    ``(i) Shared Endowment.--Any expenditure by the United States under
this section shall be equal to the expenditure by Israel for the same
purpose.''.

Summary: United States-Israel Homeland Security Foundation Act - Amends the Homeland Security Act of 2002 to authorize the Secretary of Homeland Security to establish a United States-Israel Homeland Security Foundation for awarding conditional grants to joint business ventures between US and Israeli private corporate entities to develop, manufacture, sell, or otherwise provide products and services with applications related to homeland security. Limits grant amounts to 50 percent of proposed costs. Requires grant recipients to repay the Foundation up to 150 percent of the grant awarded. Directs the Foundation to include an advisory board. Provides Foundation funding through the Acceleration Fund for Research and Development of Homeland Security Technologies. Directs the Secretary, if not establishing the Foundation, to use a specified amount from such Fund to support the efforts of the Binational Industrial Research and Development Foundation to make grants to joint US-Israeli business ventures for projects relating to homeland security.

To establish the Unites States-Israel Homeland Security Foundation to make grants to joint business ventures between United States and Israeli private corporate entities to develop products and services with applications related to homeland security, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Flood Control Credit Act of 2013''.

SEC. 2. TRANSFER OF EXCESS WORK-IN-KIND CREDIT.

    (a) In General.--Subject to subsection (b), the Secretary of the
Army may apply credit for in-kind contributions provided by a non-
Federal interest that is in excess of the required non-Federal cost-
share for a water resources study or project, including credit for in-
kind contributions provided to accelerate completion of a water
resources study or project, toward the required non-Federal cost-share
for a different water resources study or project.
    (b) Restrictions.--
            (1) In general.--Except for subsection (a)(4)(D)(i) of that
        section, the requirements of section 221 of the Flood Control
        Act of 1970 (42 U.S.C. 1962d-5b) (as amended by section 3 of
        this Act) shall apply to any credit under this section.
            (2) Conditions.--Credit in excess of the non-Federal cost-
        share for a study or project may be approved under this section
        only if--
                    (A) the non-Federal interest submits a
                comprehensive plan to the Secretary that identifies--
                            (i) the studies and projects for which the
                        non-Federal interest intends to provide in-kind
                        contributions for credit that is in excess of
                        the non-Federal cost share for the study or
                        project; and
                            (ii) the studies and projects to which that
                        excess credit would be applied;
                    (B) the Secretary approves the comprehensive plan;
                and
                    (C) the total amount of credit does not exceed the
                total non-Federal cost-share for the studies and
                projects in the approved comprehensive plan.
    (c) Additional Criteria.--In evaluating a request to apply credit
in excess of the non-Federal cost-share for a study or project toward a
different study or project, the Secretary shall consider whether
applying that credit will--
            (1) help to expedite the completion of a project or group
        of projects;
            (2) reduce costs to the Federal Government; and
            (3) aid the completion of a project that provides
        significant flood risk reduction or environmental benefits.
    (d) Report.--
            (1) Deadlines.--
                    (A) In general.--Not later than 2 years after the
                date of enactment of this Act, the Secretary shall
                submit to the Committee on Transportation and
                Infrastructure of the House of Representatives and the
                Committee on Environment and Public Works of the Senate
                an interim report on the use of the authority under
                this section.
                    (B) Final report.--Not later than 5 years after the
                date of enactment of this Act, the Secretary shall
                submit to the Committee on Transportation and
                Infrastructure of the House of Representatives and the
                Committee on Environment and Public Works of the Senate
                a final report on the use of the authority under this
                section.
            (2) Inclusions.--The reports described in paragraph (1)
        shall include--
                    (A) a description of the use of the authority under
                this section during the reporting period;
                    (B) an assessment of the impact of the authority
                under this section on the time required to complete
                projects; and
                    (C) an assessment of the impact of the authority
                under this section on other water resources projects.

SEC. 3. CREDIT FOR IN-KIND CONTRIBUTIONS.

    (a) In General.--Section 221(a)(4) of the Flood Control Act of 1970
(42 U.S.C. 1962d-5b(a)(4)) is amended--
            (1) in subparagraph (A), in the matter preceding clause (i)
        by inserting ``or a project under an environmental
        infrastructure assistance program'' after ``law'';
            (2) in subparagraph (C), by striking ``In any case'' and
        all that follows through the period at the end and inserting
        the following:
                            ``(i) Construction.--
                                    ``(I) In general.--In any case in
                                which the non-Federal interest is to
                                receive credit under subparagraph (A)
                                for the cost of construction carried
                                out by the non-Federal interest before
                                execution of a partnership agreement
                                and that construction has not been
                                carried out as of the date of enactment
                                of this subparagraph, the Secretary and
                                the non-Federal interest shall enter
                                into an agreement under which the non-
                                Federal interest shall carry out such
                                work prior to the non-Federal interest
                                initiating construction or issuing a
                                written notice to proceed for the
                                construction.
                                    ``(II) Eligibility.--Construction
                                that is carried out after the execution
                                of an agreement to carry out work
                                described in subclause (I) and any
                                design activities that are required for
                                that construction, even if the design
                                activity is carried out prior to the
                                execution of the agreement to carry out
                                work, shall be eligible for credit.
                            ``(ii) Planning.--
                                    ``(I) In general.--In any case in
                                which the non-Federal interest is to
                                receive credit under subparagraph (A)
                                for the cost of planning carried out by
                                the non-Federal interest before
                                execution of a feasibility cost sharing
                                agreement, the Secretary and the non-
                                Federal interest shall enter into an
                                agreement under which the non-Federal
                                interest shall carry out such work
                                prior to the non-Federal interest
                                initiating that planning.
                                    ``(II) Eligibility.--Planning that
                                is carried out by the non-Federal
                                interest after the execution of an
                                agreement to carry out work described
                                in subclause (I) shall be eligible for
                                credit.'';
            (3) in subparagraph (D)(iii), by striking ``sections 101
        and 103'' and inserting ``sections 101(a)(2) and 103(a)(1)(A)
        of the Water Resources Development Act of 1986 (33 U.S.C.
        2211(a)(2); 33 U.S.C. 2213(a)(1)(A))'';
            (4) by redesignating subparagraph (E) as subparagraph (H);
            (5) by inserting after subparagraph (D) the following:
                    ``(E) Analysis of costs and benefits.--In the
                evaluation of the costs and benefits of a project, the
                Secretary shall not consider construction carried out
                by a non-Federal interest under this subsection as part
                of the future without project condition.
                    ``(F) Transfer of credit between separable elements
                of a project.--Credit for in-kind contributions
                provided by a non-Federal interest, under this section
                or section 104 of the Water Resources Development Act
                of 1986 (33 U.S.C. 2214), that are in excess of the
                non-Federal cost share for an authorized separable
                element of a project may be applied toward the non-
                Federal cost share for a different authorized separable
                element of the same project or toward another
                authorized project, within the same watershed, for
                which the non-Federal interest has a cost share
                responsibility.
                    ``(G) Application of credit.--To the extent that
                credit for in-kind contributions, as limited by
                subparagraph (D), and credit for required land,
                easements, rights-of-way, dredged material disposal
                areas, and relocations provided by the non-Federal
                interest exceed the non-Federal share of the cost of
                construction of a project other than a navigation
                project, the Secretary shall reimburse the difference
                to the non-Federal interest, subject to the
                availability of funds.''; and
            (6) in subparagraph (H) (as redesignated by paragraph
        (4))--
                    (A) in clause (i), by inserting ``, and to water
                resources projects authorized prior to the date of
                enactment of the Water Resources Development Act of
                1986 (Public Law 99-662), if correction of design
                deficiencies is necessary'' before the period at the
                end; and
                    (B) by striking clause (ii) and inserting the
                following:
                                            ``(ii) Authorization in
                                        addition to specific credit
                                        provision.--In any case in
                                        which a specific provision of
                                        law authorizes credit for in-
                                        kind contributions provided by
                                        a non-Federal interest before
                                        the date of execution of a
                                        partnership agreement, the
                                        Secretary may apply the
                                        authority provided in this
                                        paragraph to allow credit for
                                        in-kind contributions provided
                                        by the non-Federal interest on
                                        or after the date of execution
                                        of the partnership
                                        agreement.''.
    (b) Applicability.--Section 2003(e) of the Water Resources
Development Act of 2007 (42 U.S.C. 1962d-5b note) is amended by
inserting ``, or construction of design deficiency corrections on the
project,'' after ``construction on the project''.
    (c) Effective Date.--The amendments made by subsections (a) and (b)
take effect on November 8, 2007.
    (d) Guidelines.--
            (1) In general.--Not later than 1 year after the date of
        enactment of this Act, the Secretary of the Army shall update
        any guidance or regulations for carrying out section 221(a)(4)
        of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(a)(4)) (as
        amended by subsection (a)) that are in existence on the date of
        enactment of this Act or issue new guidelines, as determined to
        be appropriate by the Secretary.
            (2) Inclusions.--Any guidance, regulations, or guidelines
        updated or issued under paragraph (1) shall include, at a
        minimum--
                    (A) the milestone for executing an in-kind
                memorandum of understanding for construction by a non-
                Federal interest;
                    (B) criteria and procedures for evaluating a
                request to execute an in-kind memorandum of
                understanding for construction by a non-Federal
                interest that is earlier than the milestone under
                subparagraph (A) for that execution; and
                    (C) criteria and procedures for determining whether
                work carried out by a non-Federal interest is integral
                to a project.
            (3) Public and stakeholder participation.--Before issuing
        any new or revised guidance, regulations, or guidelines or any
        subsequent updates to those documents, the Secretary shall--
                    (A) consult with affected non-Federal interests;
                    (B) publish the proposed guidelines developed under
                this subsection in the Federal Register; and
                    (C) provide the public with an opportunity to
                comment on the proposed guidelines.
    (e) Interim Period.--During the period beginning on the date of
enactment of this Act and ending on the date on which guidance,
regulations, or guidelines are updated or issued under subsection (d),
the Secretary shall process credit under section 104 of the Water
Resources Development Act of 1986 (33 U.S.C. 2214), upon request of a
non-Federal interest, if--
            (1) the applicable non-Federal work meets the requirements
        for credit under section 104; and
            (2) the applicable non-Federal work does not meet the
        requirements for credit under existing guidelines for section
        221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b).
    (f) Availability of Credit.--Credit for in-kind contributions
authorized under section 221 of the Flood Control Act of 1970 (42
U.S.C. 1962d-5b) or section 104 of the Water Resources Development Act
of 1986 (33 U.S.C. 2214) shall be available for work performed by a
non-Federal interest on any separable element of a project following
the identification by the Secretary of project alternatives as part of
a feasibility study or a general or limited reevaluation report.
    (g) Other Credit.--Nothing in section 221(a)(4) of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b(a)(4)) (as amended by
subsection (a)) affects any eligibility for credit under section 104 of
the Water Resources Development of 1986 (33 U.S.C. 2214) that was
approved by the Secretary prior to the date of enactment of this Act.

Summary: Flood Control Credit Act of 2013 - Authorizes the Secretary of the Army to apply credit for in-kind contributions by a non-federal interest that exceed the required non-federal cost-share for a water resources study or project, including credit for in-kind contributions provided to accelerate completion of such a study or project, toward the required non-federal cost-share for a different water resources study or project. Allows credit in excess of non-federal cost-share for a study or project to be approved only if: (1) the non-federal interest submits a comprehensive plan to the Secretary that identifies the studies and projects for which it intends to provide in-kind contributions for credit that is in excess of the non-federal cost share for the study or project and the studies and projects to which that excess credit would be applied, (2) the Secretary approves such plan, and (3) the total amount of credit does not exceed the total non-federal cost-share for the studies and projects in the approved plan. Directs the Secretary to consider whether applying such credit will: (1) help to expedite the completion of a project or group of projects, (2) reduce federal government costs, and (3) aid the completion of a project that provides significant flood risk reduction or environmental benefits. Amends the Flood Control Act of 1970 to: allow a partnership agreement for the construction of a water resources project to require the Secretary to credit the value of in-kind contributions made by the non-federal interest toward the non-federal share of the cost of a project under an environmental infrastructure assistance program. Require the Secretary and the non-federal interest, in any case in which the non-federal interest is to receive credit for the cost of construction it carried out before execution of a partnership agreement and such construction has not been carried out as of the date of enactment of this Act, to enter into an agreement under which the non-federal interest shall carry out such work prior to initiating construction or issuing a written notice to proceed for the construction. Provide that construction that is carried out after the execution of such an agreement, and any design activities that are required for that construction, shall be eligible for credit. Allow credit for in-kind contributions provided by a non-federal interest that are in excess of the non-federal cost share for an authorized separable element of a project to be applied toward the non-federal cost share for a different authorized separable element of the same project or toward another authorized project, within the same watershed, for which the non-federal interest has a cost share responsibility. And require the Secretary, to the extent that credit for in-kind contributions and credit for required land, easements, rights-of-way, dredged material disposal areas, and relocations provided by the non-federal interest exceed the non-federal share of the cost of construction of a project other than a navigation project, to reimburse the difference to the non-federal interest. Requires credit for in-kind contributions authorized for a water resources project under the Flood Control Act of 1970 or a flood control project under the Water Resources Development Act of 1986 to be available for work performed by a non-federal interest on any separable element of a project following the identification by the Secretary of project alternatives as part of a feasibility study or a general or limited reevaluation report.

Flood Control Credit Act of 2013


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``1863 Gettysburg Campaign Act''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) the 1863 invasion of Pennsylvania and the resulting
        Battle of Gettysburg proved decisive in the final outcome of
        the American Civil War;
            (2) President Abraham Lincoln's Gettysburg Address put the
        Civil War in perspective as a test of the success of the
        American Revolution;
            (3) the Army Heritage Center Foundation (in this Act
        referred to as the ``AHCF'') works with the United States Army
        to establish, sponsor, support, promote, and maintain the
        United States Army Heritage and Education Center (in this Act
        referred to as the ``AHEC'') at Carlisle, Pennsylvania;
            (4) the AHEC is the Army's premier center for the study of
        the role of the individual soldier in support of the Nation,
        and its Civil War photograph and manuscript collection is
        considered one of the finest in the Nation;
            (5) the AHEC seeks to honor the service and sacrifice of
        soldiers and their families, preserve the memories of their
        service by gathering and preserving artifact and manuscript
        collections, and educate the public through a world class
        archives, museum displays, and engaging educational programs;
            (6) the goal of the AHEC is to promote an appreciation of
        the sacrifices that generations of American soldiers and their
        families have made to safeguard the freedoms of the Nation;
            (7) the AHCF will, through donated support, fund and
        construct the public components of the AHEC, the Visitor and
        Education Center and the Army Heritage Museum, and once
        construction is complete, focus on providing ``margin of
        excellence support'' to meet the needs of educational programs
        and other activities at the AHEC where Federal funds are
        unavailable;
            (8) the Gettysburg Foundation is dedicated to supporting
        Gettysburg National Military Park, part of the National Park
        Service, by--
                    (A) operating the new Museum and Visitor Center for
                the park;
                    (B) funding the preservation and rehabilitation of
                the park's resources;
                    (C) preserving and displaying the Cyclorama
                painting; and
                    (D) providing visitors with an understanding of the
                significance of the Battle of Gettysburg within the
                context of the causes and consequences of the American
                Civil War;
            (9) the AHCF and the Gettysburg Foundation--
                    (A) are nongovernmental, member-based, and publicly
                supported non-profit organizations that are dependent
                on funds from members, donations, and grants for
                support; and
                    (B) use such support to help create and sustain the
                Gettysburg National Military Park and the Army Heritage
                and Education Center;
            (10) the Gettysburg Foundation is recognized as the
        official partner of Gettysburg National Military Park; and
            (11) the AHCF is recognized by the Secretary of the Army as
        the lead agency supporting the development of the AHEC.

SEC. 3. COIN SPECIFICATIONS.

    (a) Denominations.--In recognition and commemoration of the 1863
Invasion of Pennsylvania, the decisive Battle of Gettysburg, and
President Lincoln's Gettysburg Address, and notwithstanding any other
provision of law, the Secretary of the Treasury (hereafter in this Act
referred to as the ``Secretary'') shall mint and issue the following
coins:
            (1) $5 gold coins.--Not more than 75,000 $5 coins, which
        shall--
                    (A) weigh 8.359 grams;
                    (B) have a diameter of 0.850 inches; and
                    (C) contain 90 percent gold and 10 percent alloy.
            (2) $1 silver coins.--Not more than 350,000 $1 coins, which
        shall--
                    (A) weigh 26.73 grams;
                    (B) have a diameter of 1.500 inches; and
                    (C) contain 90 percent silver and 10 percent
                copper.
            (3) Half dollar clad coins.--Not more than 100,000 half
        dollar coins, which shall--
                    (A) weigh 11.34 grams;
                    (B) have a diameter of 1.205 inches; and
                    (C) be minted to the specifications for half dollar
                coins, contained in section 5112(b) of title 31, United
                States Code.
    (b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
    (c) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.

SEC. 4. DESIGN OF COINS.

    (a) Design Requirements.--
            (1) In general.--The design of the coins minted under this
        Act shall be emblematic of the history and memory of the Battle
        of Gettysburg and President Lincoln's Gettysburg Address.
            (2) Designations and inscriptions.--On each coin minted
        under this Act, there shall be--
                    (A) a designation of the value of the coin;
                    (B) an inscription of the year ``2013''; and
                    (C) inscriptions of the words ``Liberty'', ``In God
                We Trust'', ``United States of America'', and ``E
                Pluribus Unum''.
    (b) Selection.--The design for the coins minted under this Act
shall--
            (1) contain motifs that specifically commemorate the
        Invasion of Pennsylvania, the Battle of Gettysburg, and
        President Lincoln's Gettysburg Address;
            (2) be selected by the Secretary, after consultation with
        the Secretary of the Army and the Secretary of the Interior,
        the AHCF and the Gettysburg Foundation, and the Commission of
        Fine Arts; and
            (3) be reviewed by the Citizens Coinage Advisory Committee.

SEC. 5. ISSUANCE OF COINS.

    (a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
    (b) Mint Facilities.--For each of the 3 coins minted under this
Act, at least 1 facility of the United States Mint shall be used to
strike proof quality coins, while at least 1 other such facility shall
be used to strike the uncirculated quality coins.
    (c) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the 1-year period beginning on January 1,
2013.

SEC. 6. SALE OF COINS.

    (a) Sale Price.--The coins minted under this Act shall be sold by
the Secretary at a price equal to the sum of--
            (1) the face value of the coins;
            (2) the surcharge provided in section 7(a) with respect to
        such coins; and
            (3) the cost of designing and issuing the coins (including
        labor, materials, dies, use of machinery, overhead expenses,
        marketing, and shipping).
    (b) Bulk Sales.--The Secretary shall make bulk sales of the coins
minted under this Act at a reasonable discount.
    (c) Prepaid Orders.--
            (1) In general.--The Secretary shall accept prepaid orders
        for the coins minted under this Act before the issuance of such
        coins.
            (2) Discount.--Sale prices with respect to prepaid orders
        under paragraph (1) shall be at a reasonable discount.

SEC. 7. SURCHARGES.

    (a) In General.--All sales of coins minted under this Act shall
include a surcharge as follows:
            (1) A surcharge of $35 per coin for the $5 coin.
            (2) A surcharge of $10 per coin for the $1 coin.
            (3) A surcharge of $5 per coin for the half dollar coin.
    (b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins minted under this Act shall be promptly paid by the Secretary in
the ratio of two-thirds to the Gettysburg Foundation and one-third to
the AHCF, to help finance their respective programs.
    (c) Audits.--The Gettysburg Foundation and the AHCF shall be
subject to the audit requirements of section 5134(f)(2) of title 31,
United States Code, with regard to the amounts received under
subsection (b).
    (d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual 2 commemorative
coin program issuance limitation under section 5112(m)(1) of title 31,
United States Code (as in effect on the date of enactment of this Act).
The Secretary may issue guidance to carry out this subsection.

Summary: Gettysburg Campaign Act - Directs the Secretary of the Treasury to mint and issue five-dollar gold coins, one-dollar silver coins, and half-dollar clad coins emblematic of the history and memory of the Battle of Gettysburg and the Gettysburg Address of President Abraham Lincoln.

A bill to require the Secretary of the Treasury to mint coins in recognition of and to commemorate the 1863 Invasion of Pennsylvania, the Battle of Gettysburg, and President Abraham Lincoln's Gettysburg Address.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nursing Home Staff Improvement Act
of 2000''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Part I of the Health Care Financing Administration's
        Report to Congress: Appropriateness of Minimum Nurse Staffing
        Ratios in Nursing Homes was completed in August of 2000 and
        showed the following:
                    (A) Quality of care may be significantly impaired
                when staffing thresholds fall below 2.0 nurse aide
                hours per resident day, 1.0 registered nurse and
                licensed practical nurse hours per resident day and
                0.45 registered nurse hours per resident day.
                    (B) Below this threshold, residents are more likely
                to suffer life threatening illnesses secondary to
                pressure sores, weight loss and preventable infections,
                and rates of avoidable hospitalization increase
                significantly.
                    (C) Fifty-four percent of nursing home facilities
                do not provide 2.0 nurse aide hours per resident day
                and approximately \1/2\ of nursing home facilities
                would require greater than a 10 percent change in
                staffing to meet this minimal standard.
                    (D) The 2.0 nurse aide hours per resident day is a
                threshold below which residents lives are at risk, not
                a standard for the provision of appropriate care.
            (2)(A) A minimum of 2.9 nurse aide hours per resident day
        are necessary to deliver 5 necessary daily care services.
            (B) Over 92 percent of nursing home facilities fall below
        the 2.9 nurse aide hours per resident day standard and would
        require a 50 percent increase in staffing to meet this
        standard.
            (C) The 2.9 nurse aide hours per resident day standard is
        based on a conservative assumption and understates the real
        staffing levels necessary for a nurse aide to complete all
        tasks that constitute adequate care.
            (3)(A) Facilities that serve residents with more complex
        medical conditions will require higher staffing levels.
            (B) Minimum staffing levels that take into account case mix
        have not yet been established.
            (C) Part II of the Health Care Financing Administration
        report, which has not yet been completed, will report to
        Congress on minimum staffing levels according to the facility's
        resident acuity level.

SEC. 3. COMPLETION OF REPORT TO CONGRESS ON ADEQUATE NURSING FACILITY
              STAFFING REQUIREMENTS.

    (a) In General.--Section 4801(e)(17)(B) of the Omnibus Budget
Reconciliation Act of 1990 (42 U.S.C. 1396r note) is amended--
            (1) by striking ``January 1, 1999'' and inserting ``July 1,
        2001'';
            (2) by inserting ``and optimal minimum'' after ``minimum''
        each place it appears;
            (3) by striking the period and inserting a semicolon;
            (4) by striking ``such study recommendations'' and
        inserting ``such study--
                            ``(i) recommendations''; and
            (5) by adding at the end the following:
                            ``(ii) an examination of the cost and
                        benefits associated with establishing staffing
                        minimum and optimal minimum ratios;
                            ``(iii) a description of the data used in
                        Phase II of the study to expand the
                        multivariate analysis from 3 States to a more
                        representative national sample;
                            ``(iv) an analysis of proposed refined case
                        mix classification methods considered in Phase
                        II of the study;
                            ``(v) a description of the case studies
                        used to validate the Phase I findings of the
                        study; and
                            ``(vi) an examination of other issues that
                        impact the recruitment and retention of
                        certified nursing assistants.''.
    (b) Effective Date.--The amendments made by subsection (a) take
effect as if included in the enactment of section 4801 of the Omnibus
Budget Reconciliation Act of 1990 (Public Law 101-508; 104 Stat. 1388-
211).

SEC. 4. ESTABLISHMENT OF APPROPRIATE MINIMUM STAFFING REQUIREMENTS.

    (a) Notice of Proposed Rulemaking.--Not later than 6 months after
the date that the Secretary of Health and Human Services (in this
section referred to as the ``Secretary'') submits the report to
Congress required under section 4801(e)(17)(B) of the Omnibus Budget
Reconciliation Act of 1990 (42 U.S.C. 1396r note) regarding the study
of establishing appropriate minimum caregiver to resident levels and
appropriate minimum supervisor to caregiver levels for skilled nursing
facilities participating as providers of services under the medicare
program under title XVIII of the Social Security Act (42 U.S.C. 1395 et
seq.) and nursing facilities receiving payments under the medicaid
program under title XIX of such Act (42 U.S.C. 1396 et seq.) that
includes recommendations regarding appropriate minimums for such
levels, the Secretary shall issue a notice of proposed rule-making with
respect to the promulgation of a final regulation requiring compliance
with appropriate minimum caregiver to resident levels and appropriate
minimum supervisor to caregiver levels as a condition for such
facilities to receive payments under such programs.
    (b) Final Regulation.--Not later than 6 months after the issuance
of the notice required under subsection (a), the Secretary shall issue
the final regulation (to be effective upon publication) that was the
subject of such notice.
    (c) Definition of Appropriate.--In this section, the term
``appropriate'' means the staffing threshold level required to attain a
good or optimal quality outcome with respect to a resident of a skilled
nursing facility participating as a provider of services under the
medicare program under title XVIII of the Social Security Act (42
U.S.C. 1395 et seq.) or of a nursing facility receiving payments under
the medicaid program under title XIX of such Act (42 U.S.C. 1396 et
seq.), as opposed to avoiding a bad outcome with respect to such a
resident.

SEC. 5. GRANTS TO IMPROVE STAFFING LEVELS AND THE QUALITY OF CARE IN
              NURSING FACILITIES.

    (a) Authority To Award Grants.--The Secretary of Health and Human
Services shall award grants to States on a competitive basis for the
purpose of improving staffing levels in nursing facilities in order to
improve the quality of care to residents of such facilities.
    (b) Applications.--Each State that wishes to receive a grant under
this section shall submit an application at such time, in such form,
and complete with such information as the Secretary may require, except
that any such application shall include at least a certification that
the application was developed through an open, public process.
    (c) Requirements for Use of Funds.--
            (1) Permissible uses.--
                    (A) In general.--A State awarded a grant under this
                section shall use funds provided under the grant to
                provide financial support or technical assistance for
                projects operated by nursing facilities, labor
                organizations, nonprofit organizations, community
                colleges, or other organizations, or through joint
                efforts of such entities and organizations, that are
                designed to do any or all of the following:
                            (i) Enhance staff recruitment and retention
                        efforts.
                            (ii) Establish centers of expertise and
                        training.
                            (iii) Establish career ladders for
                        certified nurse assistants, including
                        additional or advanced training opportunities.
                            (iv) Provide additional training for
                        nursing facility direct care staff.
                            (v) Improve workplace safety.
                            (vi) Improve nursing facility management.
                            (vii) Conduct other staffing initiatives to
                        improve patient outcomes, as approved by the
                        Secretary.
                    (B) Applicability of nursing home reform
                provisions.--Funds made available under a grant awarded
                to a State under this section may only be used to
                provide financial support or technical assistance for
                any project described in subparagraph (A) to the extent
                that the activities conducted under the project are
                consistent with the requirements of sections 1818 and
                1919 of the Social Security Act (42 U.S.C. 1395i-3,
                1396r).
                    (C) Prohibition.--No funds made available under a
                grant awarded to a State under this section may be used
                to provide financial support or technical assistance
                for any project described in subparagraph (A) that is
                conducted at, or for the benefit of, a nursing facility
                that is owned or operated by a State, county, or local
                government.
            (2) No supplantation of funds.--Funds made available under
        a grant awarded to a State under this section may only be used
        to supplement, not supplant, other funds that the State expends
        to carry out activities described in paragraph (1)(A).
    (d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for purposes of carrying out this section
$500,000,000 for each of fiscal years 2001 and 2002. Funds appropriated
in accordance with this subsection for a fiscal year shall remain
available through the end of the succeeding fiscal year.
    (e) Reports and Secretarial Evaluation.--
            (1) State final reports.--Each State that is awarded a
        grant under this section shall submit a final report to the
        Secretary on the use of funds awarded under the grant not later
        than 3 months after the earlier of--
                    (A) the completion of the project or projects
                provided financial support or technical assistance with
                funds received under the grant; or
                    (B) the conclusion of the 2-year period that begins
                on the date that the State receives such grant funds.
            (2) Secretarial evaluation and report.--Not later than 6
        months after the final State report is submitted to the
        Secretary under paragraph (1), the Secretary shall submit to
        Congress a report evaluating the extent to which the grant
        program established under this section assists States in
        improving staffing levels in nursing facilities.
    (f) Definitions.--In this section:
            (1) Nursing facility.--The term ``nursing facility'' means
        a skilled nursing facility participating in the medicare
        program established under title XVIII of the Social Security
        Act (42 U.S.C. 1395 et seq.) or a nursing facility receiving
        payments under the medicaid program established under title XIX
        of such Act (42 U.S.C. 1396 et seq.).
            (2) Secretary.--The term ``Secretary'' means the Secretary
        of Health and Human Services.

SEC. 6. PROVIDING ACCURATE INFORMATION ON STAFFING.

    (a) Medicare.--
            (1) Data on staffing levels.--Section 1819(b) of the Social
        Security Act (42 U.S.C. 1395i-3(b)) is amended by adding at the
        end the following new paragraph:
            ``(8) Submission of data on staffing levels.--
                    ``(A) In general.--A skilled nursing facility shall
                submit to the Secretary, at such time as the Secretary
                shall specify and on a standard reporting format
                developed by the Secretary, data with respect to
                nursing staff that--
                            ``(i) includes the total number of nursing
                        staff hours and coverage levels per shift
                        furnished by the facility to residents for
                        which payment is made under section 1888(e),
                        broken down by total certified nurse aide
                        hours, total licensed practical or vocational
                        nurse hours, and total registered nurse hours;
                        and
                            ``(ii) is attested to in writing by the
                        facility as accurate.
                    ``(B) Publication of data.--The Secretary shall
                provide for the publication on the Internet Site of the
                Department of Health and Human Services known as
                Nursing Home Compare the facility-specific nursing
                staff information described in subparagraph (A). The
                Secretary shall update such information
                periodically.''.
            (2) Information concerning patient classification.--Section
        1819(b)(4) of the Social Security Act (42 U.S.C. 1395i-3(b)(4))
        is amended by adding at the end the following new subparagraph:
                    ``(D) Information concerning residents.--The
                skilled nursing facility shall provide the Secretary,
                in such form and manner and at such intervals as the
                Secretary may require, a classification of all
                residents of the skilled nursing facility that accords
                with the resident classification system described in
                section 1888(e)(4)(G)(i), or such successor system as
                the Secretary may identify.''.
    (b) Medicaid.--
            (1) Data on staffing levels.--Section 1919(b) of the Social
        Security Act (42 U.S.C. 1396r(b)) is amended by adding at the
        end the following new paragraph:
            ``(8) Submission of data on staffing levels.--
                    ``(A) In general.--A nursing facility shall submit
                to the Secretary, at such time as the Secretary shall
                specify and on a standard reporting format developed by
                the Secretary, data with respect to nursing staff
                that--
                            ``(i) includes the total number of nursing
                        staff hours and coverage levels per shift
                        furnished by the facility to residents for
                        which payment is made under the State plan,
                        broken down by total certified nurse aide
                        hours, total licensed practical or vocational
                        nurse hours, and total registered nurse hours;
                        and
                            ``(ii) is attested to in writing by the
                        facility as accurate.
                    ``(B) Publication of data.--The Secretary shall
                provide for the publication on the Internet Site of the
                Department of Health and Human Services known as
                Nursing Home Compare the facility-specific nursing
                staff information described in subparagraph (A). The
                Secretary shall update such information
                periodically.''.
            (2) Information concerning patient classification.--Section
        1919(b)(4) of the Social Security Act (42 U.S.C. 1395r(b)(4))
        is amended by adding at the end the following new subparagraph:
                    ``(D) Information concerning residents.--The
                nursing facility shall provide the Secretary, in such
                form and manner and at such intervals as the Secretary
                may require, a classification of all residents of the
                nursing facility that accords with the resident
                classification system described in section
                1888(e)(4)(G)(i), or such successor system as the
                Secretary may identify.''.

SEC. 7. INFORMATION ON NURSING FACILITY STAFFING.

    (a) Medicare Amendments.--Section 1819(b) of the Social Security
Act (42 U.S.C. 1395i-3(b)), as amended by section 6(a), is further
amended by adding at the end the following new paragraph:
            ``(9) Information on nurse staffing.--A skilled nursing
        facility shall post daily for each nursing unit of the facility
        and for each shift the current number of licensed and
        unlicensed nursing staff directly responsible for resident care
        and the number of residents per unit and per shift. The
        information shall be displayed in a uniform manner and in a
        clearly visible place.''.
    (b) Medicaid Amendments.--Section 1919(b) of the Social Security
Act (42 U.S.C. 1396r(b)), as amended by section 6(b), is amended by
adding at the end the following new paragraph:
            ``(9) Information on nurse staffing.--A nursing facility
        shall post daily for each nursing unit of the facility and for
        each shift the current number of licensed and unlicensed
        nursing staff directly responsible for resident care and the
        number of residents per unit and per shift. The information
        shall be displayed in a uniform manner and in a clearly visible
        place.''.
    (c) Effective Date.--The amendments made by this section take
effect on the first day of the first month that begins at least 6
months after the date of the enactment of this Act.

Summary: Directs the Secretary to award competitive grants to States for improving staffing levels in nursing facilities. Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to require skilled nursing and nursing facilities to report to the Secretary on nurse staffing levels and information regarding patient classification.