SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Winter Readiness Act of 2005''.

SEC. 2. TEMPORARY EXPENSING OF OIL AND NATURAL GAS EXPLORATION AND
              PRODUCTION PROPERTY AND OF COSTS TO REPAIR DAMAGES TO
              SUCH PROPERTY FROM 2005 HURRICANES.

    (a) In General.--Part VI of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by inserting after section
179D the following new section:

``SEC. 179E. TEMPORARY EXPENSING OF OIL AND NATURAL GAS EXPLORATION AND
              PRODUCTION PROPERTY AND OF COSTS TO REPAIR DAMAGES TO
              SUCH PROPERTY FROM 2005 HURRICANES.

    ``(a) Treatment as Expenses.--At the election of the taxpayer,
there shall be allowed as a deduction an amount equal to the cost paid
or incurred by the taxpayer during the taxable year--
            ``(1) for qualified oil and gas production property, and
            ``(2) for repairs to property described in subsection
        (b)(1)(B) on account of hurricane-related damage arising from
        any Presidentially declared disaster (as defined in section
        1033(h)(3)(A)) during 2005.
The deduction under paragraph (1) with respect to any property shall be
allowed for the taxable year in which such property is placed in
service.
    ``(b) Qualified Oil and Gas Production Property.--For purposes of
this section--
            ``(1) In general.--The term `qualified oil and gas
        production property' means any property--
                    ``(A) the original use of which begins with the
                taxpayer, and
                    ``(B) which is described in any of the following
                assets classes under Revenue Procedure 87-56:
                            ``(i) 13.0 (relating to assets used in
                        offshore drilling for oil and gas).
                            ``(ii) 13.1 (relating to drilling of oil
                        and gas wells).
                            ``(iii) 13.2 (relating to exploration for
                        and production of petroleum and natural gas
                        deposits).
            ``(2) Application of section.--This section shall apply to
        any property only if--
                    ``(A)(i) no written binding contract for the
                construction of such property was in effect on or
                before [date of introduction], or
                    ``(ii) in the case of self-constructed property,
                the construction of such property did not commence on
                or before such date, and
                    ``(B) such property is placed in service before
                January 1, 2009.
            ``(3) Special rule for sale-leasebacks.--For purposes of
        paragraph (1)(A), if property is--
                    ``(A) originally placed in service after the date
                of the enactment of this section by a person, and
                    ``(B) sold and leased back by such person within 3
                months after the date such property was originally
                placed in service,
        such property shall be treated as originally placed in service
        not earlier than the date on which such property is used under
        the leaseback referred to in subparagraph (B).
    ``(c) Basis Reduction.--
            ``(1) In general.--For purposes of this title, the basis of
        any property shall be reduced by the portion of the cost of
        such property taken into account under subsection (a).
            ``(2) Ordinary income recapture.--For purposes of section
        1245, the amount of the deduction allowable under subsection
        (a) with respect to any property which is of a character
        subject to the allowance for depreciation shall be treated as a
        deduction allowed for depreciation under section 167.
    ``(d) Election.--
            ``(1) In general.--An election under this section for any
        taxable year shall be made on the taxpayer's return of the tax
        imposed by this chapter for the taxable year.
            ``(2) Election irrevocable.--Any election made under this
        section may not be revoked except with the consent of the
        Secretary.
    ``(e) Election to Allocate Deduction to Cooperative Owner.--A rule
similar to the rule of section 179C(g) shall apply for purposes of this
section.''.
    (b) Conforming Amendments.--
            (1) Section 263(a)(1) of such Code is amended by striking
        ``or'' at the end of subparagraph (J), by striking the period
        at the end of subparagraph (K) and inserting ``, or'', and by
        inserting after subparagraph (K) the following new
        subparagraph:
                    ``(L) expenditures for which a deduction is allowed
                under section 179E.''.
            (2) Section 263A(c)(3)(B) of such Code is amended by
        inserting ``179E,'' after ``179B,''.
            (3) Section 312(k)(3)(B) of such Code is amended by
        striking ``or 179D'' each place it appears in the heading and
        text and inserting ``179D, or 179E''.
            (4) Section 1016(a) of such Code is amended by striking
        ``and'' at the end of paragraph (36), by striking the period at
        the end of paragraph (37) and inserting ``, or'', and by adding
        at the end the following new paragraph:
            ``(38) to the extent provided in section 179E(c).''.
            (5) Section 1245(a) of such Code is amended by inserting
        ``179E,'' after ``179D,'' both places it appears in paragraphs
        (2)(C) and (3)(C).
            (6) The table of sections for part VI of subchapter B of
        chapter 1 of such Code is amended by inserting after the item
        relating to section 179C the following new item:

``Sec. 179E. Temporary expensing of oil and natural gas exploration and
                            production property and of costs to repair
                            damages to such property from 2005
                            hurricanes.''.
    (c) Effective Date.--The amendments made by this section shall
apply to costs paid or incurred after the date of the enactment of this
Act in taxable years ending after such date.

SEC. 3. 10-YEAR CARRYBACK OF NET OPERATING LOSSES FROM 2005 HURRICANE-
              DAMAGED OIL AND GAS FACILITIES.

    (a) In General.--Paragraph (1) of section 172(b) of the Internal
Revenue Code of 1986 (relating to net operating loss deduction) is
amended by adding at the end the following new subparagraph:
                    ``(J) 2005 losses from hurricane-damaged oil and
                gas facilities.--In the case of a taxpayer which has a
                2005 hurricane-damaged oil and gas facility loss (as
                defined in subsection (j)) for a taxable year, such
                loss shall be a net operating loss carryback to each of
                the 10 taxable years preceding the taxable year of such
                loss.''.
    (b) 2005 Hurricane-Damaged Oil and Gas Facility Loss.--Section 172
of such Code is amended by redesignating subsections (j) and (k) as
subsections (k) and (l), respectively, and by inserting after
subsection (i) the following new subsection:
    ``(j) 2005 Hurricane-Damaged Oil and Gas Facility Loss.--For
purposes of this section--
            ``(1) In general.--The term `2005 hurricane-damaged oil and
        gas facility loss' means the lesser of--
                    ``(A) the amount of the net operating loss for such
                taxable year, or
                    ``(B) the sum of--
                            ``(i) the amount of the loss allowed by
                        section 165 for the taxable year for any loss
                        sustained by reason of hurricane-related
                        damage--
                                    ``(I) arising from any
                                Presidentially declared disaster (as
                                defined in section 1033(h)(3)(A))
                                during 2005, and
                                    ``(II) to any property of the
                                taxpayer which is described in section
                                179E(b)(1)(B), and
                            ``(ii) the deduction allowed by section
                        179E(a)(2) for the taxable year.
            ``(2) Coordination with subsection (b)(2).--For purposes of
        applying subsection (b)(2), a 2005 hurricane-damaged oil and
        gas facility loss for any taxable year shall be treated in a
        manner similar to the manner in which a specified liability
        loss is treated.
            ``(3) Election.--Any taxpayer entitled to a 10-year
        carryback under subsection (b)(1)(J) from any loss year may
        elect to have the carryback period with respect to such loss
        year determined without regard to subsection (b)(1)(J). Such
        election shall be made in such manner as may be prescribed by
        the Secretary and shall be made by the due date (including
        extensions of time) for filing the taxpayer's return for the
        taxable year of the net operating loss. Such election, once
        made for any taxable year, shall be irrevocable for such
        taxable year.''.
    (c) Effective Date.--The amendments made by this section shall
apply to net operating losses for taxable years ending after the date
of the enactment of this Act.

Summary: Winter Readiness Act of 2005 - Amends the Internal Revenue Code to allow a taxpayer election to expense all costs for qualified oil and gas production property placed in service before January 1, 2009, and for repairs to such property for hurricane-related damage. Defines qualified oil and gas production property to include assets used in offshore drilling for oil and gas, and for exploration and production of petroleum and natural gas deposits. Allows a 10-year carryback of net operating losses incurred in 2005 for hurricane-damaged oil and gas facilities.

To amend the Internal Revenue Code of 1986 to provide incentives to restore and increase oil and natural gas production.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Continued Dumping or Subsidy Offset
Act of 1999''.

SEC. 2. FINDINGS OF CONGRESS.

    Congress makes the following findings:
            (1) Consistent with the rights of the United States under
        the World Trade Organization, injurious dumping is to be
        condemned and actionable subsidies which cause injury to
        domestic industries must be effectively neutralized.
            (2) United States unfair trade laws have as their purpose
        the restoration of conditions of fair trade so that jobs and
        investment that should be in the United States are not lost
        through false market signals.
            (3) The continued dumping or subsidization of imported
        product after the issuance of antidumping orders or findings or
        countervailing duty orders can frustrate the remedial purpose
        of the laws by preventing market prices from returning to fair
        levels.
            (4) Where dumping or subsidization continues, domestic
        producers will be reluctant to reinvest or rehire and may be
        unable to maintain pension and health care benefits that
        conditions of fair trade would permit. Similarly, small
        businesses and America's farmers and ranchers may be unable to
        pay down accumulated debt, to obtain working capital or
        otherwise remain viable.
            (5) United States trade laws should be strengthened to see
        that the remedial purpose of the laws is achieved in fact.

SEC. 3. AMENDMENTS TO THE TARIFF ACT OF 1930.

    (a) In General.--Chapter 1 of subtitle C of title VII of the Tariff
Act of 1930 (19 U.S.C. 1675 et seq.) is amended by adding at the end
the following new section:

``SEC. 754. CONTINUED DUMPING OR SUBSIDY OFFSET.

    ``(a) In General.--Whenever continued dumping or subsidization is
found to exist by the administering authority under section 751(a) of
this Act or by operation of law, any duties assessed shall be
distributed to the affected domestic producers for qualifying
expenditures on an annual basis. Such disbursement shall be known as
the `continued dumping or subsidy offset'.
    ``(b) Definitions.--As used in this section:
            ``(1) The term `affected domestic producer' means any
        manufacturer, producer, farmer, rancher or worker
        representative, including associations of such individuals and
        entities, that was a petitioner or interested party in support
        of the petition with respect to which an antidumping duty
        finding or order or countervailing duty order has been entered
        and remains in operation. Companies or businesses that have
        ceased the production of the product covered by the order or
        finding or who have been acquired by a company or business that
        is related to a company that opposed the investigation shall
        not be an affected domestic producer.
            ``(2) The term `Commissioner' means the Commissioner of the
        United States Customs Service.
            ``(3) The term `Commission' means the United States
        International Trade Commission.
            ``(4) The term `qualifying expenditure' means an
        expenditure incurred after the issuance of the antidumping duty
        finding or order or countervailing duty order in any of the
        following categories:
                    ``(A) plant;
                    ``(B) equipment;
                    ``(C) research and development;
                    ``(D) personnel training;
                    ``(E) acquisition of technology;
                    ``(F) health care benefits to employees paid for by
                the employer;
                    ``(G) pension benefits to employees paid for by the
                employer;
                    ``(H) environmental equipment, training, or
                technology;
                    ``(I) acquisition of raw materials and other
                inputs; and
                    ``(J) borrowed working capital or other funds
                needed to maintain production.
    ``(c) Disbursement Procedures.--The Commissioner shall prescribe
procedures for disbursing the continued dumping or subsidies offset
required by this section provided that disbursement shall occur for
monies assessed during a fiscal year not later than sixty days after
the beginning of the following fiscal year.
    ``(d) Parties Eligible for Distribution of Antidumping and
Countervailing Duties Assessed.--
            ``(1) The Commission shall forward to the Commissioner
        within sixty days of the effective date of this section or
        within sixty days of an antidumping or countervailing duty
        order issued after the effective date of this section a list of
        petitioners and companies that indicate support of the petition
        by inclusion in the petition or supplements thereto, by letter
        or through questionnaire response. Where no injury test was
        required or where the Commission's records do not permit an
        identification of those in support of a petition the Commission
        shall consult with the Department of Commerce to determine the
        identity of the petitioner and those domestic parties who have
        entered appearances during administrative reviews conducted by
        Commerce and sought vigorous enforcement of United States law.
            ``(2) The Commissioner shall publish in the Federal
        Register at least thirty days prior to the issuance of
        payments, a notice of intention to distribute duty assessments,
        the list of companies eligible based on the list obtained from
        the Commission, and shall request a certification from each
        recipient as to--
                    ``(A) desire to receive distribution,
                    ``(B) continued eligibility as an affected domestic
                producer, and
                    ``(C) the qualifying expenditures incurred since
                the issuance of the order for which distribution under
                this section has not previously been made.
            ``(3) The Commissioner shall distribute all funds
        (including all interest earned) from assessments received in
        the completed fiscal year to affected domestic producers based
        on the affirmative responses to paragraph (2) on a pro rata
        basis based on new and remaining qualifying expenditures.
    ``(e) Special Accounts.--
            ``(1) Within fourteen days of the effective date of this
        provision for outstanding antidumping orders and findings or
        for outstanding countervailing duty orders or within fourteen
        days of the date an antidumping or countervailing duty order
        takes effect, the Commissioner shall establish in the Treasury
        a special account with respect to that order or finding.
            ``(2) The Commissioner shall have deposited into the
        special accounts all antidumping or countervailing duties,
        including interest on such duties, that are assessed under the
        antidumping order or finding or the countervailing duty order
        with respect to which the account was established since the
        effective date of this section.
            ``(3) The monies in a special account shall be available
        for distribution to the extent of actual assessment (including
        interest).
            ``(4) Consistent with the requirements of subsection (c),
        the Commissioner shall by regulation prescribe the time and
        manner in which distribution of funds from special accounts
        will be made.
            ``(5) The special accounts shall remain in existence until
        all entries relating to an order which has been terminated are
        liquidated and duties assessed collected and the Commissioner
        has provided one last notice of opportunity to obtain
        distribution pursuant to subsection (c). Amounts not claimed
        within 90 days of the time of such final distribution shall be
        returned to the general fund of the Treasury.''.
    (b) Conforming Amendment.--The table of contents for title VII of
the Tariff Act of 1930 is amended by inserting the following new item
after the item relating to section 753:

``Sec. 754. Continued dumping or subsidy offset.''.
    (c) Effective Date.--The continued antidumping or subsidy offset
shall apply with regard to all assessments made on or after October 1,
1996, on outstanding antidumping findings or orders or countervailing
duty orders.

Summary: Limits qualifying expenditures to expenditures incurred since the issuance of the antidumping duty finding or order or countervailing duty order in any or all of the categories of plant, equipment, research and development, personnel training, acquisition of technology, employer-paid employee health care and pension benefits, environmental equipment, training or technology, acquisition of raw materials and other inputs, and borrowed working capital or other funds needed to maintain production. Directs the Commissioner of the US Customs Service to prescribe offset disbursement procedures. Sets forth general procedures for notification of eligible parties. Requires the Commissioner to establish a special account in the Treasury to receive all antidumping or countervailing duties, including interest, for distribution according to this Act, within 14 days after an antidumping or countervailing duty order takes effect.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Consumer Credit Act of 1999''.

SEC. 2. ENHANCED DISCLOSURES UNDER AN OPEN END CONSUMER CREDIT PLAN.

    (a) Repayment Terms.--Section 127(b) of the Truth in Lending Act
(15 U.S.C. 1637(b)) is amended by adding at the end the following:
            ``(11)(A) Repayment information that would apply to the
        outstanding balance of the consumer under the credit plan,
        including--
                    ``(i) the required minimum monthly payment on that
                balance, represented as both a dollar figure and as a
                percentage of that balance;
                    ``(ii) the number of months (rounded to the nearest
                month) that it would take to pay the entire amount of
                that balance, if the consumer pays only the required
                minimum monthly payments and if no further advances are
                made;
                    ``(iii) the total cost to the consumer, including
                interest and principal payments, of paying that balance
                in full, if the consumer pays only the required minimum
                monthly payments and if no further advances are made;
                and
                    ``(iv) the monthly payment amount that would be
                required for the consumer to eliminate the outstanding
                balance in 36 months if no further advances are made.
            ``(B)(i) Subject to clause (ii), in making the disclosures
        under subparagraph (A) the creditor shall apply the interest
        rate in effect on the date on which the disclosure is made
        until the date on which the balance would be paid in full.
            ``(ii) If the interest rate in effect on the date on which
        the disclosure is made is a temporary rate that will change
        under a contractual provision applying an index or formula for
        subsequent interest rate adjustment, the creditor shall apply
        the interest rate in effect on the date on which the disclosure
        is made for as long as that interest rate will apply under that
        contractual provision, and then apply an interest rate based on
        the index or formula in effect on the applicable billing
        date.''.
    (b) Publication of Model Forms.--Not later than 180 days after the
date of enactment of this Act, the Board of Governors of the Federal
Reserve System shall publish model disclosure forms in accordance with
section 105 of the Truth in Lending Act for the purpose of compliance
with section 127(b)(11) of the Truth in Lending Act, as added by this
section.

SEC. 3. CREDIT CARD SECURITY INTERESTS UNDER AN OPEN END CONSUMER
              CREDIT PLAN.

    (a) In General.--Section 127 of the Truth in Lending Act (15 U.S.C.
1637) is amended by adding at the end the following:
    ``(h) Security Interests Created Under an Open End Consumer Credit
Plan.--During the period of an open end consumer credit plan, if the
creditor of that plan obtains a security interest in personal property
purchased using that credit plan, the creditor shall provide to the
consumer, at the time of purchase, a written statement setting forth in
a clear, conspicuous, and easy to read format the following
information:
            ``(1) The property in which the creditor will receive a
        security interest.
            ``(2) The nature of the security interest taken.
            ``(3) The method or methods of enforcement of that security
        interest available to the creditor in the event of nonpayment
        of the plan balance.
            ``(4) The method in which payments made on the credit plan
        balance will be credited against the security interest taken on
        the property.
            ``(5) The following statement: `This property is subject to
        a security agreement. You must not dispose of the property
        purchased in any way, including by gift, until the balance on
this account is fully paid.'''.
    (b) Publication of Model Forms.--Not later than 180 days after the
date of enactment of this Act, the Board of Governors of the Federal
Reserve System shall publish model disclosure forms in accordance with
section 105 of the Truth in Lending Act for the purpose of compliance
with section 127(h) of the Truth in Lending Act, as added by this
section.

SEC. 4. STATISTICS TO BE REPORTED TO BOARD OF GOVERNORS OF FEDERAL
              RESERVE SYSTEM AND TO CONGRESS.

    Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended
by adding at the end the following:
    ``(i) Reports to the Board and to Congress.--
            ``(1) Reports to the board.--Any creditor making advances
        under an open end credit plan shall, using model forms
        developed and published by the Board, annually submit to the
        Board a report, which shall include--
                    ``(A) the total number of open end credit plan
                solicitations made to consumers;
                    ``(B) the total amount of credit (in dollars)
                offered to consumers;
                    ``(C) a statement of the average interest rates
                offered to all borrowers in each of the previous 2
                years;
                    ``(D) the total amount of credit granted and the
                average interest rate granted to persons under the age
                of 25; and
                    ``(E) the total amount of debt written off
                voluntarily and due to a bankruptcy discharge in each
                of the 2 years preceding the date on which the report
                is submitted.
            ``(2) Reports to congress.--The Board shall annually
        compile the information collected under paragraph (1) and
        submit to the Committees on the Judiciary of the House of
        Representatives and the Senate, the Committee on Banking,
        Housing, and Urban Affairs of the Senate, and the Committee on
        Banking and Financial Services of the House of Representatives,
        a report, which shall include--
                    ``(A) aggregate data described subparagraphs (A)
                through (E) of paragraph (1) for all creditors; and
                    ``(B) individual data described in paragraph (1)(A)
                for each of the top 50 creditors.''.

SEC. 5. CIVIL LIABILITY.

    Section 130(a) of the Truth in Lending Act (15 U.S.C. 1640(a)) is
amended, in the undesignated paragraph following paragraph (4), by
striking the second sentence and inserting the following: ``In
connection with the disclosures referred to in subsections (a), (b),
and (h) of section 127, a creditor shall have a liability determined
under paragraph (2) only for failing to comply with the requirements of
section 125, 127(a), paragraph (4), (5), (6), (7), (8), (9), (10), or
(11) of section 127(b), or section 127(h), or for failing to comply
with disclosure requirements under State law for any term or item that
the Board has determined to be substantially the same in meaning under
section 111(a)(2) as any of the terms or items referred to in section
127(a), paragraph (4), (5), (6), (7), (8), (9), (10), or (11) of
section 127(b), or section 127(h).''.

SEC. 6. TREATMENT UNDER BANKRUPTCY LAW.

    (a) Exceptions to Discharge.--Section 523(a) of title 11, United
States Code, is amended by adding at the end the following:
        ``The exception under subparagraphs (A) and (C) of paragraph
        (2) shall not apply to any claim made by a creditor who has
        failed to make the disclosures required under section 127(h) of
        the Truth in Lending Act in connection with such claim, unless
        a creditor required to make such disclosures files with the
        court, within 90 days of the date of order for relief, a proof
        of claim accompanied by a copy of such disclosures that is
        signed and dated by the debtor.''.
    (b) Reaffirmation.--Section 524(c) of title 11, United States Code,
is amended--
            (1) in paragraph (5), by striking ``and'' at the end;
            (2) in paragraph (6), by striking the period at the end and
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(7) in a case concerning a creditor obligated to make the
        disclosures required under section 127(h) of the Truth in
        Lending Act, the agreement contains a copy of such disclosures
        that is signed and dated by the debtor.''.

Summary: Consumer Credit Act of 1999 - Amends the Truth in Lending Act to mandate that: (1) monthly billing statements for an open end consumer credit plan include specified repayment information, including the number of months it would take to pay the balance and the total cost if the consumer pays only the required minimum payment. (2) certain written disclosures be furnished to the consumer at the time of purchase if the creditor of an open end consumer credit plan obtains a security interest in personal property purchased under such plan. And (3) the Board of Governors of the Federal Reserve System publish the pertinent model disclosure forms. Requires: (1) creditors making advances under an open end credit plan to annually report certain loan data to the Board. And (2) the Board to compile such data and submit it to certain congressional committees annually. Amends Federal bankruptcy law to permit the discharge in bankruptcy of an individual debt if the creditor has not made the requisite disclosures under this Act. Sanctions the reaffirmation of a dischargeable debt if the reaffirmation agreement contains such disclosures.

Consumer Credit Act of 1999


SECTION 1. FUNDING FOR EQUIPMENT RESET AND OTHER EQUIPMENT NEEDS OF THE
              NATIONAL GUARD.

    (a) Findings.--Congress makes the following findings:
            (1) In his testimony before the Commission on the National
        Guard and Reserves, the Chief of the National Guard Bureau,
        Lieutenant General Blum, warned about equipment shortfalls for
        the Army National Guard and Air National Guard stating that
        ``88 percent of the forces that are back here in the United
        States are very poorly equipped today in the Army National
        Guard. And in the Air National Guard for the last three
        decades, they have never had a unit below C2 in equipment
        readiness''.
            (2) In the March 1, 2007, report of the Commission on the
        National Guard and Reserves, the Commission observes that--
                    (A) while the operational tempo of the reserve
                components of the Armed Forces has increased
                substantially, resourcing has not kept pace;
                    (B) the lack of sufficient and ready equipment is a
                problem common to both the active and reserve
                components of the Armed Forces;
                    (C) the equipment readiness of the Army National
                Guard is unacceptable and has reduced the capability of
                the United States to respond to current and additional
                major contingencies, whether foreign and domestic; and
                    (D) while the budget of the President for fiscal
                year 2008 includes large increases in funds for
                equipment for the National Guard, historical practice
                in the Department of Defense indicates that Army plans
                for projected funding increases for equipment for the
                Army National Guard are not reliably carried through.
            (3) According to the Commission on the National Guard and
        Reserves, procurement for the Army National Guard during the
        period from 1999 through 2005 has been reduced significantly
        from amounts proposed for such procurement before that period.
        The budget for fiscal year 2001 indicated that the Army planned
        to expend $1,346,000,000 in fiscal year 2004 for procurement
        for the Army National Guard, but the budget for fiscal year
        2006 revealed that the Army expended only $578,400,000 for
        procurement for the Army National Guard in fiscal year 2004.
        Similarly, the budget for fiscal year 2001 indicated that the
        Army planned to expend $1,625,000,000 in fiscal year 2005 for
        procurement for the Army National Guard, but the budget for
        fiscal year 2006 revealed that the Army planned to expend only
        $660,900,000 for procurement for the Army National Guard in
        fiscal year 2005.
            (4) According to the Commission on the National Guard and
        Reserves, the difference between the amounts proposed for
        procurement for the Army National Guard for fiscal years 2003
        through 2005 and the amounts actually expended for such
        procurement in such fiscal years was atypical and extreme.
            (5) According to a January 2007 report of the Government
        Accountability Office, inventories of equipment for the
        National Guard in the United States have decreased because of
        overseas operations, particularly inventories of the Army
        National Guard. The Comptroller General found that State
        officials expressed concerns about having enough equipment to
        respond to large scale natural or man made disasters such as
        Hurricane Katrina.
            (6) The Comptroller General found that before current
        overseas operations began, the majority of the combat forces of
        the Army National Guard were supplied with approximately 65 to
        79 percent of their required equipment. As of November 2006,
        nondeployed Army National Guard forces nationwide still had
        approximately 64 percent of the total amount of authorized
        dual-use equipment, including authorized substitute items,
        based on their warfighting missions even as overseas and
        domestic missions have expanded.
    (b) Authorization of Appropriations.--
            (1) In general.--There is hereby authorized to be
        appropriated for the Department of Defense for the Army
        National Guard and the Air National Guard for equipment reset
        requirements of the Army National Guard and the Air National
        Guard, and to otherwise remedy other equipment shortfalls of
        the Army National Guard and the Air National Guard, in order to
        bring the Army National Guard and the Air National Guard to
        full equipment readiness, amounts as follows:
                    (A) For fiscal year 2008:
                            (i) For procurement of National Guard and
                        Reserve Equipment, $2,100,000,000, with such
                        amount to be available for the Army National
                        Guard.
                            (ii) For Operation and Maintenance, Army
                        National Guard, $1,300,000,000.
                            (iii) For other equipment procurement and
                        reset, $4,360,000,000, of which--
                                    (I) $2,600,000,000 shall be
                                available for the Army National Guard;
                                and
                                    (II) $1,760,000,000 shall be
                                available for the Air National Guard.
                            (iv) For National Guard Personnel, Air
                        Force, $280,000,000.
                            (v) For Operation and Maintenance, Air
                        National Guard, $720,000,000.
                    (B) For each of fiscal years 2009 through 2013:
                            (i) For procurement of National Guard and
                        Reserve Equipment, $575,000,000, with such
                        amount to be available for the Army National
                        Guard.
                            (ii) For Operation and Maintenance, Army
                        National Guard, $1,300,000,000.
                            (iii) For other equipment procurement and
                        reset, $4,360,000,000, of which--
                                    (I) $2,600,000,000 shall be
                                available for the Army National Guard;
                                and
                                    (II) $1,760,000,000 shall be
                                available for the Air National Guard.
                            (iv) For National Guard Personnel, Air
                        Force, $280,000,000.
                            (v) For Operation and Maintenance, Air
                        National Guard, $720,000,000.
            (2) Supplement not supplant.--The amounts authorized to be
        appropriated by paragraph (1) for a fiscal year and account
        specified in that paragraph is in addition to any other amounts
        authorized to be appropriated for the Department of Defense for
        such fiscal year for such account.
    (c) Report on Defense Industrial Base.--
            (1) In general.--Not later than 60 days after the date of
        the enactment of this Act, the Secretary of Defense shall
        submit to Congress a report assessing the capability, during
        the 5-year period beginning on October 1, 2007, of the defense
        industrial base of the United States to produce the equipment
        to be procured using amounts applicable amounts authorized to
        be appropriated by subsection (b).
            (2) Recommendations.--If the assessment in the report under
        paragraph (1) includes a determination that the defense
        industrial base does not have the capability to produce
        equipment as described in that paragraph, the report shall also
        include such recommendations as the Secretary considers
        appropriate for actions, including investments, necessary to
        develop that capability.

Summary: Authorizes appropriations for FY2008-FY2013 for the Department of Defense (DOD) for the Army and Air National Guards for equipment reset (resupply) requirements, and to otherwise remedy other equipment shortfalls in order to bring the Army and Air National Guards to full equipment readiness. Requires a report from the Secretary to Congress on the capability of the US defense industrial base to produce the necessary equipment.

A bill to authorize appropriations for the Department of Defense to address the equipment reset and other equipment needs of the National Guard, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Nonprofit Hospital
Protection Act of 1997''.

SEC. 2. DISQUALIFICATION FROM MEDICARE PAYMENT OF NON-PROFIT HOSPITALS
              THAT TRANSFER ASSETS OR CONTROL TO A FOR-PROFIT ENTITY
              WITHOUT APPROVAL.

    (a) In General.--Part A of title XVIII of the Social Security Act
is amended by adding at the end the following new section:

   ``disqualification of certain nonprofit hospitals from payment if
 assets or control transferred to a for-profit entity without approval

    ``Sec. 1821. (a) Requirement.--No payment may be made under this
part with respect to inpatient hospital services of a hospital if the
hospital, on or after January 7, 1997, was owned or controlled by a
nonprofit entity and there is an impermissible transfer (as defined in
subsection (b)) with respect to the hospital or the entity.
    ``(b) Impermissible Transfers.--
            ``(1) In general.--For purposes of this section, the term
        `impermissible transfer' means any covered transfer (as defined
        in paragraph (2)) that has not been considered to be approved
        in accordance with subsection (c).
            ``(2) Covered transfer defined.--For purposes of this
        section, the term `covered transfer' means, with respect to a
        hospital that is owned or controlled by a nonprofit entity--
                    ``(A) the sale, transfer, lease, exchange, option,
                conveyance, or other disposition of, the assets of the
                hospital (or of the entity in relation to the hospital)
                to a for-profit entity, if a material amount of the
                assets relating to the hospital are involved in such
                disposition; or
                    ``(B) the transfer of control, responsibility, or
                governance of a material amount of the assets or
                operation of the hospital (or of the entity in relation
                to the hospital) to any for-profit entity.
        Transfers described in this paragraph may be effected through
        sale, joint venture, joint operating agreement, or any other
        means.
            ``(3) Other definitions.--For purposes of this section:
                    ``(A) The term `acquired hospital' means, with
                respect to a covered transfer, the non-profit hospital
                the assets or control of which are the subject of the
                transfer.
                    ``(B) The term `acquiring entity' means, with
                respect to a covered transfer, the for-profit entity
                that is involved in the transfer.
    ``(c) Conditions for Approval.--Subject to subsection (d)--
            ``(1) In general.--A covered transfer with respect to an
        acquired hospital owned or controlled by a nonprofit entity is
        not considered to be approved in accordance with this
        subsection unless--
                    ``(A) the acquiring entity has disclosed to the
                Secretary, in a form and manner specified by the
                Secretary, the information described in paragraph (2)
                relating to the transfer;
                    ``(B) there has been an independent fairness review
                conducted of the proposed transfer and the report on
                the review concludes that no assets of the acquired
                hospital in relation to the nonprofit entity have
                inappropriately benefited any private parties; and
                    ``(C) the Secretary has approved the transfer.
            ``(3) Information to be disclosed.--The information
        described in this paragraph is a complete description of the
        terms of covered transfer, together with a description of all
        collateral arrangements, including information describing--
                    ``(A) the acquired hospital and the nonprofit
                entity that owns or controls the hospital;
                    ``(B) the acquiring entity;
                    ``(C) other parties to the transfer;
                    ``(D) terms of the proposed transfer;
                    ``(E) the value of consideration to be provided in
                connection with the transfer (including details as to
                the basis for the valuation);
                    ``(F) copies of documents relating to the transfer;
                    ``(G) the identity of individuals and persons who
                are officers, directors, or affiliates of the nonprofit
                entity and whether they have any direct or indirect
                economic interest in the transfer (including any
                promise or discussion of future employment); and
                    ``(H) such other information as the Secretary may
                require.
            ``(3) Public disclosure.--The Secretary shall provide for
        public disclosure (including disclosure through electronic
        means on the Internet) of information described in paragraph
        (3) provided under paragraph (1)(A) and the report on the
        transfer described in paragraph (1)(B).
            ``(4) Conditions for approval of transfers.--The Secretary
        may not approve a covered transfer relating to an acquired
        hospital owned or controlled by a nonprofit entity unless,
        after completion of the public hearing described in paragraph
        (6), the Secretary determines that the following conditions are
        met:
                    ``(A) Due care was exercised by the nonprofit
                entity in deciding to enter into the transfer,
                selecting the acquiring entity, and negotiating the
                terms of the transfer.
                    ``(B) The nonprofit entity sought appropriate
                expert assistance in making decisions in relation to
                the transfer.
                    ``(C) The nonprofit entity took all reasonable
                steps to avoid conflict of interests.
                    ``(D) The nonprofit entity will receive fair market
                value for its assets transferred in connection with the
                covered transfer.
                    ``(E) No charitable funds are placed at risk in
                connection with the covered transfer.
                    ``(F) The amount of any compensation under any
                management contract entered into in connection with the
                covered transfer is fair.
                    ``(G) The proceeds to the nonprofit entity in
                connection with the covered transfer will be used only
                for appropriate charitable purposes consistent with the
                entity's non-profit charter and for the promotion of
                health in the affected community and such proceeds will
                be controlled as charitable funds independent of the
                acquiring entity.
                    ``(H) Any charitable corporation established to
                hold proceeds of the acquired hospital in connection
                with the covered transfer will be broadly based in the
                community.
                    ``(I) There are sufficient safeguards to assure the
                affected community continues to have access to
                affordable hospital services.
                    ``(J) The acquiring entity has made a commitment to
                provide comparable care to the disadvantaged, the
                uninsured, and the underinsured, and to provide
                benefits to the affected community.
                    ``(K) The acquiring entity has no contractual right
                to receive or direct future grants in relation to the
                acquired hospital.
                    ``(L) The acquiring entity has paid the Secretary,
                with respect to the covered transfer, a fee sufficient
                to cover the costs of the Secretary in administering
                this section in relation to such transfer.
            ``(6) Public hearing.--Before approving a covered transfer,
        the Secretary shall provide for notice and a public hearing to
        take place in the community of the acquired hospital concerning
        the transfer and publication of a public report on testimony
        received at the hearing.
    ``(d) Application of Alternative State Law Requirements.--A covered
transfer is deemed to meet an applicable requirement of subsection (c)
relating to the transfer to the extent that the Secretary determines
that there is a State law that imposes a requirement at least as
stringent as the requirement involved with respect to the transfer.
    ``(e) Delegation of Authority.--The Secretary may exercise the
Secretary's authority under this section through any appropriate
official in the Department of Health and Human Services.
    ``(f) No Effect on Other Rights.--The fact that the Secretary has
approved a covered transfer under this section shall not supersede
other rights that any entity (including the federal government or a
State or local government) may have to challenge the transfer on any
grounds.''.
    (b) Effective Date.--The amendment made by this section shall apply
with respect to covered transfers for which agreements or transactions
are entered into on or after January 7, 1997.

Summary: Medicare Nonprofit Hospital Protection Act of 1997 - Amends part A of title XVIII (Medicare) of the Social Security Act to disqualify for Medicare payment any non-profit hospital that transfers assets or control to a for-profit entity without appropriate approval by the Secretary of Health and Human Services.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Energy Conservation Opportunity Fund
Act of 2008'' or the ``ECO Fund Act of 2008''.

SEC. 2. REVOLVING FUND FOR LOANS TO STATES AND INDIAN TRIBES TO CARRY
              OUT RENEWABLE ENERGY SOURCES ACTIVITIES.

    (a) Establishment of Fund.--There is established in the Treasury of
the United States a revolving fund, to be known as the ``Alternative
Energy Sources State Revolving Fund''.
    (b) Credits.--The Fund shall be credited with--
            (1) any amounts appropriated to the Fund pursuant to
        subsection (g);
            (2) any amounts of principal and interest from loan
        repayments received by the Secretary pursuant to subsection
        (d)(7); and
            (3) any interest earned on investments of amounts in the
        Fund pursuant to subsection (e).
    (c) Expenditures.--
            (1) In general.--Subject to paragraph (2), on request by
        the Secretary of Housing and Urban Development, the Secretary
        of the Treasury shall transfer from the Fund to the Secretary
        such amounts as the Secretary determines are necessary to
        provide loans under subsection (d)(1).
            (2) Administrative expenses.--Of the amounts in the Fund,
        not more than 5 percent shall be available for each fiscal year
        to pay the administrative expenses of the Department of Housing
        and Urban Development to carry out this section.
    (d) Loans to States and Indian Tribes.--
            (1) In general.--The Secretary shall use amounts in the
        Fund to provide loans to States and Indian tribes to provide
        incentives to owners of single-family and multifamily housing,
        commercial properties, and public buildings to provide--
                    (A) renewable energy sources for such structures,
                such as wind, wave, solar, biomass, or geothermal
                energy sources, including incentives to companies and
                business to change their source of energy to such
                renewable energy sources and for changing the sources
                of energy for public buildings to such renewable energy
                sources;
                    (B) energy efficiency and energy conserving
                improvements and features for such structures; or
                    (C) infrastructure related to the delivery of
                electricity and hot water for structures lacking such
                amenities.
            (2) Eligibility.--To be eligible to receive a loan under
        this subsection, a State or Indian tribe, through an
        appropriate State or tribal agency, shall submit to the
        Secretary an application at such time, in such manner, and
        containing such information as the Secretary may require.
            (3) Criteria for approval.--The Secretary may approve an
        application of a State or Indian tribe under paragraph (2) only
        if the Secretary determines that the State or tribe will use
        the funds from the loan under this subsection to carry out a
        program to provide incentives described in paragraph (1) that--
                    (A) requires that any such renewable energy
                sources, and energy efficiency and energy conserving
                improvements and features, developed pursuant to
                assistance under the program result in compliance of
                the structure so improved with the energy efficiency
                requirements under section 2(a) of the; and
                    (B) includes such compliance and audit requirements
                as the Secretary determines are necessary to ensure
                that the program is operated in a sound and effective
                manner.
            (4) Preference.--In making loans during each fiscal year,
        the Secretary shall give preference to States and Indian tribes
        that have not previously received a loan under this subsection.
            (5) Maximum amount.--The aggregate outstanding principal
        amount from loans under this subsection to any single State or
        Indian tribe may not exceed $500,000,000.
            (6) Loan terms.--Each loan under this subsection shall have
        a term to maturity of not more than 10 years and shall bear
        interest at annual rate, determined by the Secretary, that
        shall not exceed interest rate charged by the Federal Reserve
        Bank of New York to commercial banks and other depository
        institutions for very short-term loans under the primary credit
        program, as most recently published in the Federal Reserve
        Statistical Release on selected interest rates (daily or
        weekly), and commonly referred to as the H.15 release,
        preceding the date of a determination for purposes of applying
        this paragraph.
            (7) Loan repayment.--The Secretary shall require full
        repayment of each loan made under this section.
    (e) Investment of Amounts.--
            (1) In general.--The Secretary of the Treasury shall invest
        such amounts in the Fund that are not, in the judgment of the
        Secretary of the Treasury, required to meet needs for current
        withdrawals.
            (2) Obligations of united states.--Investments may be made
        only in interest-bearing obligations of the United States.
    (f) Reports.--
            (1) Reports to secretary.--For each year during the term of
        a loan made under subsection (d), the State or Indian tribe
        that received the loan shall submit to the Secretary a report
        describing the State or tribal alternative energy sources
        program for which the loan was made and the activities
        conducted under the program using the loan funds during that
        year.
            (2) Report to congress.--Not later than September 30 of
        each year that loans made under subsection (d) are outstanding,
        the Secretary shall submit a report to the Congress describing
        the total amount of such loans provided under subsection (d) to
        each eligible State and Indian tribe during the fiscal year
        ending on such date, and an evaluation on effectiveness of the
        Fund.
    (g) Authorization of Appropriations.--There is authorized to be
appropriated to the Fund $5,000,000,000.
    (h) Definitions.--For purposes of this section, the following
definitions shall apply:
            (1) Indian tribe.--The term ``Indian tribe'' has the
        meaning given such term in section 4 of the Native American
        Housing Assistance and Self-Determination Act of 1996 (25
        U.S.C. 4103).
            (2) Secretary.--The term ``Secretary'' means the Secretary
        of Housing and Urban Development.
            (3) State.--The term ``State'' means each of the several
        States, the Commonwealth of Puerto Rico, the District of
        Columbia, the Commonwealth of the Northern Mariana Islands,
        Guam, the Virgin Islands, American Samoa, the Trust Territories
        of the Pacific, or any other possession of the United States.

Summary: Energy Conservation Opportunity Fund Act of 2008 or the ECO Fund Act of 2008 - Establishes in the Treasury an Alternative Energy Sources State Revolving Fund. Directs the Secretary of Housing and Urban Development to use amounts in the Fund to provide loans to states and Indian tribes to provide incentives to owners of single family and multifamily housing, commercial properties, and public buildings to provide: (1) renewable energy sources, such as wind, wave, solar, biomass, or geothermal energy, for such structures. (2) energy efficiency and energy conserving improvements and features for such structures. Or (3) infrastructure related to the delivery of electricity and hot water for structures lacking such amenities.

To establish a revolving loan fund to provide loans to States and Indian tribes to provide incentives to undertake activities to provide renewable energy sources for housing and other structures.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American 5-Cent Coin Design
Continuity Act of 2003''.

          TITLE I--UNITED STATES 5-CENT COIN DESIGN CONTINUITY

SEC. 101. DESIGNS ON THE 5-CENT COIN.

    (a) In General.--Subject to subsection (b) and after consulting
with the Citizens Coinage Advisory Committee and the Commission of Fine
Arts, the Secretary of the Treasury may change the design on the
obverse and the reverse of the 5-cent coin for coins issued in 2003,
2004, and 2005 in recognition of the bicentennial of the Louisiana
Purchase and the expedition of Meriwether Lewis and William Clark.
    (b) Design Specifications.--
        (1) Obverse.--If the Secretary of the Treasury elects to change
    the obverse of 5-cent coins issued during 2003, 2004, and 2005, the
    design shall depict a likeness of President Thomas Jefferson,
    different from the likeness that appeared on the obverse of the 5-
    cent coins issued during 2002, in recognition of his role with
    respect to the Louisiana Purchase and the commissioning of the
    Lewis and Clark expedition.
        (2) Reverse.--If the Secretary of the Treasury elects to change
    the reverse of the 5-cent coins issued during 2003, 2004, and 2005,
    the design selected shall depict images that are emblematic of the
    Louisiana Purchase or the expedition of Meriwether Lewis and
    William Clark.
        (3) Other inscriptions.--5-cent coins issued during 2003, 2004,
    and 2005 shall continue to meet all other requirements for
    inscriptions and designations applicable to circulating coins under
    section 5112(d)(1) of title 31, United States Code.

SEC. 102. DESIGNS ON THE 5-CENT COIN SUBSEQUENT TO THE RECOGNITION OF
              THE BICENTENNIAL OF THE LOUISIANA PURCHASE AND THE LEWIS
              AND CLARK EXPEDITION.

    (a) In General.--Section 5112(d)(1) of title 31, United States
Code, is amended by inserting after the 4th sentence the following new
sentence: ``Subject to other provisions of this subsection, the obverse
of any 5-cent coin issued after December 31, 2005, shall bear the
likeness of Thomas Jefferson and the reverse of any such 5-cent coin
shall bear an image of the home of Thomas Jefferson at Monticello.''.
    (b) Design Consultation.--The 2d sentence of section 5112(d)(2) of
title 31, United States Code, is amended by inserting ``, after
consulting with the Citizens Coinage Advisory Committee and the
Commission of Fine Arts,'' after ``The Secretary may''.

SEC. 103. CITIZENS COINAGE ADVISORY COMMITTEE.

    (a) In General.--Section 5135 of title 31, United States Code, is
amended to read as follows:

``Sec. 5135. Citizens Coinage Advisory Committee

    ``(a) Establishment.--
        ``(1) In general.--There is hereby established the Citizens
    Coinage Advisory Committee (in this section referred to as the
    `Advisory Committee') to advise the Secretary of the Treasury on
    the selection of themes and designs for coins.
        ``(2) Oversight of advisory committee.--The Advisory Committee
    shall be subject to the authority of the Secretary of the Treasury
    (hereafter in this section referred to as the `Secretary').
    ``(b) Membership.--
        ``(1) Appointment.--The Advisory Committee shall consist of 11
    members appointed by the Secretary as follows:
            ``(A) Seven persons appointed by the Secretary--
                ``(i) one of whom shall be appointed from among
            individuals who are specially qualified to serve on the
            Advisory Committee by virtue of their education, training,
            or experience as a nationally or internationally recognized
            curator in the United States of a numismatic collection;
                ``(ii) one of whom shall be appointed from among
            individuals who are specially qualified to serve on the
            Advisory Committee by virtue of their experience in the
            medallic arts or sculpture;
                ``(iii) one of whom shall be appointed from among
            individuals who are specially qualified to serve on the
            Advisory Committee by virtue of their education, training,
            or experience in American history;
                ``(iv) one of whom shall be appointed from among
            individuals who are specially qualified to serve on the
            Advisory Committee by virtue of their education, training,
            or experience in numismatics; and
                ``(v) three of whom shall be appointed from among
            individuals who can represent the interests of the general
            public in the coinage of the United States.
            ``(B) Four persons appointed by the Secretary on the basis
        of the recommendations of the following officials who shall
        make the selection for such recommendation from among citizens
        whoare specially qualified to serve on the Advisory Committee
by virtue of their education, training, or experience:
                ``(i) One person recommended by the Speaker of the
            House of Representatives.
                ``(ii) One person recommended by the minority leader of
            the House of Representatives.
                ``(iii) One person recommended by the majority leader
            of the Senate.
                ``(iv) One person recommended by the minority leader of
            the Senate.
        ``(2) Terms.--
            ``(A) In general.--Except as provided in subparagraph (B),
        members of the Advisory Committee shall be appointed for a term
        of 4 years.
            ``(B) Terms of initial appointees.--As designated by the
        Secretary at the time of appointment, of the members first
        appointed--
                ``(i) four of the members appointed under paragraph
            (1)(A) shall be appointed for a term of 4 years;
                ``(ii) the four members appointed under paragraph
            (1)(B) shall be appointed for a term of 3 years; and
                ``(iii) three of the members appointed under paragraph
            (1)(A) shall be appointed for a term of 2 years.
        ``(3) Preservation of public advisory status.--No individual
    may be appointed to the Advisory Committee while serving as an
    officer or employee of the Federal Government.
        ``(4) Continuation of service.--Each appointed member may
    continue to serve for up to 6 months after the expiration of the
    term of office to which such member was appointed until a successor
    has been appointed.
        ``(5) Vacancy and removal.--
            ``(A) In general.--Any vacancy on the Advisory Committee
        shall be filled in the manner in which the original appointment
        was made.
            ``(B) Removal.--Advisory Committee members shall serve at
        the discretion of the Secretary and may be removed at any time
        for good cause.
        ``(6) Chairperson.--The Chairperson of the Advisory Committee
    shall be appointed for a term of 1 year by the Secretary from among
    the members of the Advisory Committee.
        ``(7) Pay and expenses.--Members of the Advisory Committee
    shall serve without pay for such service but each member of the
    Advisory Committee shall be reimbursed from the United States Mint
    Public Enterprise Fund for travel, lodging, meals, and incidental
    expenses incurred in connection with attendance of such members at
    meetings of the Advisory Committee in the same amounts and under
    the same conditions as employees of the United States Mint who
    engage in official travel, as determined by the Secretary.
        ``(8) Meetings.--
            ``(A) In general.--The Advisory Committee shall meet at the
        call of the Secretary, the chairperson, or a majority of the
        members, but not less frequently than twice annually.
            ``(B) Open meetings.--Each meeting of the Advisory
        Committee shall be open to the public.
            ``(C) Prior notice of meetings.--Timely notice of each
        meeting of the Advisory Committee shall be published in the
        Federal Register, and timely notice of each meeting shall be
        made to trade publications and publications of general
        circulation.
        ``(9) Quorum.--Seven members of the Advisory Committee shall
    constitute a quorum.
    ``(c) Duties of the Advisory Committee.--The duties of the Advisory
Committee are as follows:
        ``(1) Advising the Secretary of the Treasury on any theme or
    design proposals relating to circulating coinage, bullion coinage,
    congressional gold medals and national and other medals produced by
    the Secretary of the Treasury in accordance with section 5111 of
    title 31, United States Code.
        ``(2) Advising the Secretary of the Treasury with regard to--
            ``(A) the events, persons, or places that the Advisory
        Committee recommends be commemorated by the issuance of
        commemorative coins in each of the 5 calendar years succeeding
        the year in which a commemorative coin designation is made;
            ``(B) the mintage level for any commemorative coin
        recommended under subparagraph (A); and
            ``(C) the proposed designs for commemorative coins.
    ``(d) Expenses.--The expenses of the Advisory Committee that the
Secretary of the Treasury determines to be reasonable and appropriate
shall be paid by the Secretary from the United States Mint Public
Enterprise Fund.
    ``(e) Administrative Support, Technical Services, and Advice.--Upon
the request of the Advisory Committee, or as necessary for the Advisory
Committee to carry out the responsibilities of the Advisory Committee
under this section, the Director of the United States Mint shall
provide to the Advisory Committee the administrative support, technical
services, and advice that the Secretary of the Treasury determines to
be reasonable and appropriate.
    ``(f) Consultation Authority.--In carrying out the duties of the
Advisory Committee under this section, the Advisory Committee may
consult with the Commission of Fine Arts.
    ``(g) Annual Report.--
        ``(1) Required.--Not later than September 30 of each year, the
    Advisory Committee shall submit a report to the Secretary, the
    Committee on Financial Services of the House of Representatives and
    the Committee on Banking, Housing, and Urban Affairs of the Senate.
    Should circumstances arise in which the Advisory Committee cannot
    meet the September 30 deadline in any year, the Secretary shall
    advise the Chairpersons of the Committee on Financial Services of
    the House of Representatives and the Committee on Banking, Housing,
    and Urban Affairs of the Senate of the reasons for such delay and
    the date on which the submission of the report is anticipated.
        ``(2) Contents.--The report required by paragraph (1) shall
    describe the activities of the Advisory Committee during the
    preceding year and the reports and recommendations made by the
    Advisory Committee to the Secretary of the Treasury.
    ``(h) Federal Advisory Committee Act Does Not Apply.--Subject to
the requirements of subsection (b)(8), the Federal Advisory Committee
Act shall not apply with respect to the Committee.''.
    (b) Abolishment of Citizens Commemorative Coin Advisory
Committee.--Effective on the date of the enactment of this Act, the
Citizens CommemorativeCoin Advisory Committee (established by section
5135 of title 31, United States Code, as in effect before the amendment
made by subsection (a)) is hereby abolished.
    (c) Continuity of Members of Citizens Commemorative Coin Advisory
Committee.--Subject to paragraphs (1) and (2) of section 5135(b) of
title 31, United States Code, any person who is a member of the
Citizens Commemorative Coin Advisory Committee on the date of the
enactment of this Act, other than the member of such committee who is
appointed from among the officers or employees of the United States
Mint, may continue to serve the remainder of the term to which such
member was appointed as a member of the Citizens Coinage Advisory
Committee in one of the positions as determined by the Secretary.
    (d) Technical and Conforming Amendments.--
        (1) Section 5112(l)(4)(A)(ii) of title 31, United States Code,
    is amended by striking ``Citizens Commemorative Coin Advisory
    Committee'' and inserting ``Citizens Coinage Advisory Committee''.
        (2) Section 5134(c) of title 31, United States Code, is
    amended--
            (A) by striking paragraph (4); and
            (B) by redesignating paragraph (5) as paragraph (4).

             TITLE II--TECHNICAL AND CLARIFYING PROVISIONS

SEC. 201. CLARIFICATION OF EXISTING LAW.

    (a) In General.--Section 5134(f)(1) of title 31, United States
Code, is amended to read as follows:
        ``(1) Payment of surcharges.--
            ``(A) In general.--Notwithstanding any other provision of
        law, no amount derived from the proceeds of any surcharge
        imposed on the sale of any numismatic item shall be paid from
        the fund to any designated recipient organization unless--
                ``(i) all numismatic operation and program costs
            allocable to the program under which such numismatic item
            is produced and sold have been recovered; and
                ``(ii) the designated recipient organization submits an
            audited financial statement that demonstrates, to the
            satisfaction of the Secretary, that, with respect to all
            projects or purposes for which the proceeds of such
            surcharge may be used, the organization has raised funds
            from private sources for such projects and purposes in an
            amount that is equal to or greater than the total amount of
            the proceeds of such surcharge derived from the sale of
            such numismatic item.
            ``(B) Unpaid amounts.--If any amount derived from the
        proceeds of any surcharge imposed on the sale of any numismatic
        item that may otherwise be paid from the fund, under any
        provision of law relating to such numismatic item, to any
        designated recipient organization remains unpaid to such
        organization solely by reason of the matching fund requirement
        contained in subparagraph (A)(ii) after the end of the 2-year
        period beginning on the later of--
                ``(i) the last day any such numismatic item is issued
            by the Secretary; or
                ``(ii) the date of the enactment of the American 5-Cent
            Coin Design Continuity Act of 2003,
        such unpaid amount shall be deposited in the Treasury as
        miscellaneous receipts.''.
    (b) Effective Date.--The amendment made by subsection (a) shall
apply as of the date of the enactment of Public Law 104-208.

                               Speaker of the House of Representatives.

                            Vice President of the United States and
                                               President of the Senate.

Summary: American 5-Cent Coin Design Continuity Act of 2003 - Title I: United States American 5-Cent Coin Design Continuity - Authorizes the Secretary of the Treasury to change the design on the obverse and reverse sides of five-cent coins issued in 2003, 2004, and 2005, in recognition of the bicentennial of the Louisiana Purchase and the expedition of Meriwether Lewis and William Clark. States that if the Secretary elects to change: (1) the obverse of 5-cent coins issued during 2003, 2004, and 2005, the design shall depict a likeness of President Thomas Jefferson, different from the likeness that appeared on the obverse of the 5-cent coins issued during 2002, in recognition of his role with respect to the Louisiana Purchase and the commissioning of the Lewis and Clark expedition. And (2) the reverse of the 5-cent coins issued during such years, the design selected shall depict images emblematic of the Louisiana Purchase or the expedition of Meriwether Lewis and William Clark. Requires the obverse of any 5-cent coin issued after December 31, 2005, to bear the likeness of Thomas Jefferson and the reverse of such coin bear an image of the home of Thomas Jefferson at Monticello. Establishes a seven-member Coin Design Advisory Committee to advise the Secretary on coin themes and designs. Abolishes the Citizens Commemorative Coin Advisory Committee. Authorizes certain Committee members to continue serving the remainder of their appointed term as a member of the Citizens Coinage Advisory Committee as determined by the Secretary. Title II: Technical and Clarifying Provisions - Amends Federal law to revise the requirements for payment of surcharges to recipient organizations. Requires deposit into the Treasury as unpaid receipts certain unpaid amounts derived from surcharge proceeds.

To ensure continuity for the design of the 5-cent coin, establish the Citizens Coinage Advisory Committee, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Worker Mobility Act of
2014''.

SEC. 2. RELOCATION SUBSIDIES FOR THE LONG-TERM UNEMPLOYED.

    (a) In General.--The Secretary of Labor may grant a relocation
subsidy to an eligible individual who meets the requirements of this
section.
    (b) Meaning of Eligible Individual.--For purposes of this section,
an eligible individual is an individual who, as of the date of the
application for a relocation subsidy under this section--
            (1) is totally unemployed and has been totally unemployed
        for at least 26 consecutive weeks;
            (2) has exhausted all rights to regular compensation under
        the law of a State or under Federal law with respect to a
        benefit year (excluding any benefit year ending before July 1,
        2008);
            (3) has not received a relocation subsidy under this
        section in the 2-year period preceding such date of
        application; and
            (4) is able to work, available to work, and actively
        seeking work.
    (c) Requirements for Grant.--The Secretary of Labor may not grant a
relocation subsidy to an eligible individual under this section unless
the Secretary determines that--
            (1) the relocation subsidy will assist such individual in
        relocating within the United States, at least 60 miles from the
        individual's current residence, for the purpose of attaining
        employment;
            (2) such individual filed an application with the Secretary
        not later than January 1, 2019; and
            (3) such individual--
                    (A) has obtained a bona fide offer of suitable
                employment affording a reasonable expectation of long-
                term duration in the area in which the individual
                wishes to relocate; or
                    (B) wishes to relocate to an area that has an
                unemployment rate that is at least 2 percentage points
                less than the unemployment rate of the area of the
                individual's initial residence.
    (d) Amount of Subsidy.--A relocation subsidy granted to an eligible
individual under this section shall be equal to the lesser of $10,000
or the amount that any contribution by a potential employer of the
individual to the individual's relocation expenses is exceeded by the
sum of--
            (1) 90 percent of the reasonable and necessary expenses
        incurred in transporting the worker, the worker's family, and
        household effects, plus
            (2) a lump sum equivalent to 3 times the individual's
        weekly benefit amount for the most recent benefit year (as such
        terms are defined in the State law), up to a maximum payment of
        $1,250.
    (e) Regulations.--Prior to granting any relocation subsidies under
subsection (a), the Secretary of Labor shall issue regulations designed
to prevent fraud or abuse relating to the program established under
this Act.
    (f) No Additional Funds Authorized.--No additional appropriations
are authorized for any fiscal year to carry out this Act.
    (g) Definitions.--For purposes of this section--
            (1) the term ``regular compensation'' has the meaning given
        the term in section 205(2) of the Federal-State Extended
        Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note), as
        in effect prior to January 1, 2014; and
            (2) the term ``suitable work''--
                    (A) means suitable work as defined in the
                applicable State law for claimants for regular
                compensation; and
                    (B) does not include self-employment or employment
                as an independent contractor.
    (h) Reports.--Not later than March 15 of each of calendar years
2015 and 2017, the Secretary of Labor shall submit a report to Congress
that identifies, by geographic region--
            (1) the total number of relocation subsidies granted to
        individuals under this section during the calendar year
        preceding each such calendar year;
            (2) the total number of relocation subsidies granted to
        individuals pursuant to subsection (c)(3)(A) during such
        calendar year;
            (3) the total number of relocation subsidies granted to
        individuals pursuant to subsection (c)(3)(B) during such
        calendar year, and the number of such individuals who obtained
        employment within 1 month, 3 months, and 6 months,
        respectively, after the individual's relocation;
            (4) the average amount of a relocation subsidy granted
        during such calendar year;
            (5) the average distance traveled for relocation by each
        individual receiving a relocation subsidy during such calendar
        year; and
            (6) the number of individuals who received a relocation
        subsidy under this section during such calendar year and
        subsequently applied for unemployment benefits.

Summary: American Worker Mobility Act of 2014 - Authorizes the Secretary of Labor to grant a relocation subsidy of up to $10,000 to an individual who: (1) has been totally unemployed for at least 26 consecutive weeks. (2) has exhausted all rights to state or federal unemployment compensation. (3) has not received a relocation subsidy for the two-year period preceding the subsidy application. And (4) is able to work, available to work, and actively seeking work. Prescribes subsidy program requirements. Directs the Secretary to issue regulations to prevent program fraud or abuse.

To provide relocation subsidies for the long-term unemployed, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Absentee Ballot Track, Receive, and
Confirm Act''.

SEC. 2. REIMBURSEMENT FOR COSTS INCURRED IN ESTABLISHING PROGRAM TO
              TRACK AND CONFIRM RECEIPT OF ABSENTEE BALLOTS.

    (a) Reimbursement.--Subtitle D of title II of the Help America Vote
Act of 2002 (42 U.S.C. 15401 et seq.) is amended by adding at the end
the following new part:

     ``PART 7--PAYMENTS TO REIMBURSE STATES FOR COSTS INCURRED IN
 ESTABLISHING PROGRAM TO TRACK AND CONFIRM RECEIPT OF ABSENTEE BALLOTS

``SEC. 297. PAYMENTS TO STATES.

    ``(a) Payments For Costs of Establishing Program.--In accordance
with this section, the Commission shall make a payment to a State to
reimburse the State for the costs incurred in establishing, if the
State so chooses to establish, an absentee ballot tracking program with
respect to elections for Federal office held in the State (including
costs incurred prior to the date of the enactment of this part).
    ``(b) Absentee Ballot Tracking Program Described.--
            ``(1) Program described.--
                    ``(A) In general.--In this part, an `absentee
                ballot tracking program' is a program to track and
                confirm the receipt of absentee ballots in an election
                for Federal office under which the State or local
                election official responsible for the receipt of voted
                absentee ballots in the election carries out procedures
                to track and confirm the receipt of such ballots, and
                makes information on the receipt of such ballots
                available to the individual who cast the ballot, by
                means of online access using the Internet site of the
                official's office.
                    ``(B) Information on whether vote was counted.--The
                information referred to under subparagraph (A) with
                respect to the receipt of an absentee ballot shall
                include information regarding whether the vote cast on
                the ballot was counted, and, in the case of a vote
                which was not counted, the reasons therefor.
            ``(2) Use of toll-free telephone number by officials
        without internet site.--A program established by a State or
        local election official whose office does not have an Internet
        site may meet the description of a program under paragraph (1)
        if the official has established a toll-free telephone number
        that may be used by an individual who cast an absentee ballot
        to obtain the information on the receipt of the voted absentee
        ballot as provided under such paragraph.
    ``(c) Certification of Compliance and Costs.--
            ``(1) Certification required.--In order to receive a
        payment under this section, a State shall submit to the
        Commission a statement containing--
                    ``(A) a certification that the State has
                established an absentee ballot tracking program with
                respect to elections for Federal office held in the
                State; and
                    ``(B) a statement of the costs incurred by the
                State in establishing the program.
            ``(2) Amount of payment.--The amount of a payment made to a
        State under this section shall be equal to the costs incurred
        by the State in establishing the absentee ballot tracking
        program, as set forth in the statement submitted under
        paragraph (1), except that such amount may not exceed the
        product of--
                    ``(A) the number of jurisdictions in the State
                which are responsible for operating the program; and
                    ``(B) $3,000.
            ``(3) Limit on number of payments received.--A State may
        not receive more than one payment under this part.

``SEC. 297A. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Authorization.--There are authorized to be appropriated to
the Commission for fiscal year 2010 and each succeeding fiscal year
such sums as may be necessary for payments under this part.
    ``(b) Continuing Availability of Funds.--Any amounts appropriated
pursuant to the authorization under this section shall remain available
until expended.''.
    (b) Clerical Amendment.--The table of contents of such Act is
amended by adding at the end of the items relating to subtitle D of
title II the following:

     ``Part 7--Payments To Reimburse States for Costs Incurred in
 Establishing Program To Track and Confirm Receipt of Absentee Ballots

``Sec. 297. Payments to States.
``Sec. 297A. Authorization of appropriations.''.

            Passed the House of Representatives July 30, 2009.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.

Summary: Absentee Ballot Track, Receive, and Confirm Act - Amends the Help America Vote Act of 2002 to direct the Election Assistance Commission (EAC) to make a payment to reimburse a state for the costs incurred in establishing, if the state so chooses, an absentee ballot tracking program for federal elections.

To amend the Help America Vote Act of 2002 to reimburse States for the costs incurred in establishing a program to track and confirm the receipt of voted absentee ballots in elections for Federal office and make information on the receipt of such ballots available by means of online access, and for other purposes.