SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Expand and Rebuild America's Schools
Act of 1997''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Many States and school districts will need to build new
        schools in order to accommodate increasing student enrollments;
        the Department of Education has predicted that the Nation will
        need 6,000 more schools by the year 2006.
            (2) In response to reduced class mandates enforced by State
        governments and increased enrollment, many school districts
        have been forced to utilize temporary classrooms and other
        structures to accommodate increased school populations, along
        with resorting to year-round schedules for students.
            (3) Research has proven a direct correlation between the
        condition of school facilities and student achievement.
        Recently, researchers found that students assigned to schools
        in poor condition can be expected to fall 10.9 percentage
        points behind those in buildings in excellent condition.
        Similar studies have demonstrated up to a 20 percent
        improvement in test scores when students were moved from a
        school with poor facilities to a new facility.
            (4) While school construction and maintenance are primarily
        a State and local concern, States and communities have not, on
        their own, met the increasing burden of providing acceptable
        school facilities, and the poorest communities have had the
        greatest difficulty meeting this need.
            (5) Many local educational agencies have difficulties
        securing financing for school facility construction and
        renovation, especially in States that require a \2/3\ majority
        of voter approval for the passage of local bond initiatives.
            (6) The Federal Government, by providing interest subsidies
        and similar types of support, can lower the costs of State and
        local school infrastructure investment, creating an incentive
        for businesses to support local school infrastructure
        improvement efforts.
            (7) The United States competitive position within the world
        economy is vulnerable if America's future workforce continues
        to be educated in schools not equipped for the 21st century.
        America must do everything in its power to properly educate its
        people to compete in the global marketplace.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to encourage public-private partnerships for the
        financing of school construction and expansion, and
            (2) to help local educational agencies bring all public
        school facilities up to an acceptable standard and build the
        additional classrooms needed to educate the growing number of
        students who will enroll in the next decade.

SEC. 4. CREDIT TO HOLDERS OF SCHOOL CONSTRUCTION BONDS.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following new section:

``SEC. 45D. CREDIT TO HOLDERS OF SCHOOL CONSTRUCTION BONDS.

    ``(a) Allowance of Credit.--In the case of an eligible taxpayer who
holds a school construction bond on the credit allowance date of such
bond which occurs during the taxable year, there shall be allowed as a
credit against the tax imposed by this chapter for such taxable year
the amount determined under subsection (b).
    ``(b) Amount of Credit.--The amount of the credit determined under
this subsection with respect to any school construction bond is the
amount equal to the product of--
            ``(1) the credit rate determined by the Secretary under
        section 1397E(b)(2) for the month in which such bond was
        issued, multiplied by
            ``(2) the face amount of the bond held by the taxpayer on
        the credit allowance date.
    ``(c) Limitation Based on Amount of Tax.--The credit allowed under
subsection (a) for any taxable year shall not exceed the excess of--
            ``(1) the sum of the regular tax liability (as defined in
        section 26(b)) plus the tax imposed by section 55, over
            ``(2) the sum of the credits allowable under this part
        (other than under this section and subpart C thereof, relating
        to refundable credits) and section 1397E.
    ``(d) School Construction Bond.--For purposes of this section--
            ``(1) In general.--The term `school construction bond'
        means any bond issued as part of an issue if--
                    ``(A) 95 percent or more of the proceeds of such
                issue are to be used for a qualified purpose with
                respect to a new qualified school established by an
                eligible local education agency,
                    ``(B) the bond is issued by a State or local
                government within the jurisdiction of which such school
                is located,
                    ``(C) the issuer--
                            ``(i) designates such bond for purposes of
                        this section,
                            ``(ii) certifies that it has written
                        assurances that the private business
                        contribution requirement of paragraph (2) will
                        be met with respect to such school, and
                            ``(iii) certifies that it has the written
                        approval of the eligible local education agency
                        for such bond issuance, and
                    ``(D) the term of each bond which is part of such
                issue does not exceed the maximum term permitted under
                section 1397E(d)(3).
            ``(2) Private business contribution requirement.--
                    ``(A) In general.--For purposes of paragraph (1),
                the private business contribution requirement of this
                paragraph is met with respect to any issue if the
                eligible local education agency that established the
                qualified school has written commitments from private
                entities to make qualified contributions having a
                present value (as of the date of issuance of the issue)
                of not less than 10 percent of the proceeds of the
                issue.
                    ``(B) Qualified contributions.--For purposes of
                subparagraph (A), the term `qualified contribution'
                means any contribution (of a type and quality
                acceptable to the eligible local education agency) of--
                            ``(i) equipment for use in the qualified
                        school (including state-of-the-art technology
                        and vocational equipment),
                            ``(ii) technical assistance in developing
                        curriculum or in training teachers in order to
                        promote appropriate market driven technology in
                        the classroom,
                            ``(iii) services of employees as volunteer
                        mentors,
                            ``(iv) internships, field trips, or other
                        educational opportunities outside the school
                        for students, or
                            ``(v) any other property or service
                        specified by the eligible local education
                        agency.
            ``(3) Qualified school.--
                    ``(A) In general.--The term `qualified school'
                means any public school which is established by and
                operated under the supervision of an eligible local
                education agency to provide education or training below
                the postsecondary level if--
                            ``(i) such public school is designed in
                        cooperation with business to enhance the
                        academic curriculum, increase graduation and
                        employment rates, and better prepare students
                        for the rigors of college and the increasingly
                        complex workforce,
                            ``(ii) students in such public school will
                        be subject to the same academic standards and
                        assessments as other students educated by the
                        local education agency,
                            ``(iii) a well-structured program to
                        alleviate overcrowding and to improve students'
                        education has been constructed and implemented
                        in the opinion of the Secretary of Education,
                        and
                            ``(iv) at least 2 of the following
                        requirements are met:
                                    ``(I) There is a reasonable
                                expectation (as of the date of issuance
                                of the bonds) that at least 35 percent
                                of the population attending the such
                                public school will be eligible for free
                                or reduced-cost lunches under the
                                school lunch program established under
                                the National School Lunch Act.
                                    ``(II) There is a reasonable
                                expectation (as of the date of issuance
                                of the bonds) that the student growth
                                rate over the next 5 years for the
                                school district in which such public
                                school is to be located will be at
                                least 10 percent.
                                    ``(III) The average student-teacher
                                ratio for such district as of the date
                                of issuance of the bonds is at least 28
                                to 1.
                    ``(B) Eligible local education agency.--The term
                `eligible local education agency' means any local
                educational agency as defined in section 14101 of the
                Elementary and Secondary Education Act of 1965.
            ``(4) Qualified purpose.--
                    ``(A) In general.--The term `qualified purpose'
                means, with respect to any qualified school--
                            ``(i) constructing a new school facility,
                        and
                            ``(ii) providing equipment for use at such
                        facility.
                    ``(B) School facility.--The term `school facility'
                means a new public structure suitable for use as a
                classroom, laboratory, library, media center, or
                related facility whose primary purpose is the
                instruction of public elementary or secondary students.
                Such term does not include an athletic stadium, or any
                other structure or facility intended primarily for
                athletic exhibitions, contests, games, or events for
                which admission is charged to the general public.
            ``(5) Eligible taxpayer.--The term `eligible taxpayer'
        means--
                    ``(A) a bank (within the meaning of section 581),
                    ``(B) an insurance company to which subchapter L
                applies, and
                    ``(C) a corporation actively engaged in the
                business of lending money.
    ``(e) Limitation on Amount of Bonds Designated.--
            ``(1) National limitation.--There is a national school
        construction bond limitation for each calendar year. Such
        limitation is $400,000,000 for 1998 and 1999, and, except for
        carryovers as provided under the rules applicable under
        paragraph (2), zero thereafter.
            ``(2) Allocation of limitation.--The national school
        construction bond limitation for a calendar year shall be
        allocated by the Secretary among the States on the basis of
        their respective populations of individuals below the poverty
        line (as defined by the Office of Management and Budget). The
        limitation amount allocated to a State under the preceding
        sentence shall be allocated by the Secretary of Education to
        qualified schools within such State.
            ``(3) Designation subject to limitation amount.--The
        maximum aggregate face amount of bonds issued during any
        calendar year which may be designated under subsection (d)(1)
        with respect to any qualified school shall not exceed the
        limitation amount allocated to such school under paragraph (2)
        for such calendar year.
            ``(4) Carryover of unused limitation.--If for any calendar
        year--
                    ``(A) the limitation amount for any State, exceeds
                    ``(B) the amount of bonds issued during such year
                which are designated under subsection (d)(1) with
                respect to qualified schools within such State,
        the limitation amount for such State for the following calendar
        year shall be increased by the amount of such excess.
    ``(f) Other Definitions.--The definitions in subsections (d)(6) and
(f) of section 1397E shall apply for purposes of this section.
    ``(g) Credit Included in Gross Income.--Gross income includes the
amount of the credit allowed to the taxpayer under this section.''
    (b) Conforming Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:

                              ``Sec. 45D. Credit to holders of school
                                        construction bonds.''
    (c) Effective Date.--The amendments made by this section shall
apply to obligations issued after December 31, 1997.

Summary: Expand and Rebuild America's Schools Act of 1997 - Amends the Internal Revenue Code to allow a limited credit to eligible taxpayers holding school construction bonds. Defines such bonds. Establishes a private business contribution requirement for bond issuers. Defines as eligible taxpayers certain banks, insurance companies, and corporations. Sets a national school construction bond limit.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``John F. Kennedy Center Parking
Improvement Act of 1997''.

SEC. 2. PARKING GARAGE ADDITIONS AND SITE IMPROVEMENTS.

    Section 3 of the John F. Kennedy Center Act (20 U.S.C. 76i) is
amended--
            (1) by striking the section heading and all that follows
        through ``The Board'' and inserting the following:

``SEC. 3. JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS.

    ``(a) In General.--The Board''; and
            (2) by adding at the end the following:
    ``(b) Parking Garage Additions and Site Improvements.--
            ``(1) In general.--Substantially in accordance with the
        plan entitled `Site Master Plan--Drawing Number 1997-2 April
        29, 1997,' and map number NCR 844/82571, the Board may design
        and construct--
                    ``(A) an addition to the parking garage at each of
                the north and south ends of the John F. Kennedy Center
                for the Performing Arts; and
                    ``(B) site improvements and modifications.
            ``(2) Availability.--The plan shall be on file and
        available for public inspection in the office of the Secretary
        of the Center.
            ``(3) Limitation on use of appropriated funds.--No
        appropriated funds may be used to pay the costs (including the
        repayment of obligations incurred to finance costs) of--
                    ``(A) the design and construction of an addition to
                the parking garage authorized under paragraph (1)(A);
                    ``(B) the design and construction of site
                improvements and modifications authorized under
                paragraph (1)(B) that the Board specifically designates
                will be financed using sources other than appropriated
                funds; or
                    ``(C) any project to acquire large screen format
                equipment for an interpretive theater or to produce an
                interpretive film that the Board specifically
                designates will be financed using sources other than
                appropriated funds.''.

SEC. 3. PEDESTRIAN AND VEHICULAR ACCESS.

    (a) Duties of the Board.--Section 4(a)(1) of the John F. Kennedy
Center Act (20 U.S.C. 76j(a)(1)) is amended--
            (1) by striking ``and'' at the end of subparagraph (G);
            (2) by striking the period at the end of subparagraph (H)
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(I) ensure that safe and convenient access to the
                site of the John F. Kennedy Center for the Performing
                Arts is provided for pedestrians and vehicles.''.
    (b) Powers of the Board.--Section 5 of such Act (20 U.S.C. 76k) is
amended by adding at the end the following:
    ``(g) Pedestrian and Vehicular Access.--Subject to approval of the
Secretary of the Interior under section 4(a)(2)(F), the Board shall
develop plans and carry out projects to improve pedestrian and
vehicular access to the John F. Kennedy Center for the Performing
Arts.''.

SEC. 4. DEFINITION OF BUILDING AND SITE.

    Section 13 of the John F. Kennedy Center Act (20 U.S.C. 76s) and
section 9(3) of the Act of October 24, 1951 (40 U.S.C. 193v), are each
amended by inserting after ``numbered 844/82563, and dated April 20,
1994'' the following: ``(as amended by the map entitled `Transfer of
John F. Kennedy Center for the Performing Arts', numbered 844/82563a
and dated May 22, 1997)''.

SEC. 5. CONSTRUCTION OF A CENTER FOR PERFORMING ARTS.

    (a) Findings.--Congress makes the following findings:
            (1) The United States has an enriched legacy of Hispanic
        influence in politics, government, economic development, and
        cultural expression.
            (2) The Hispanic culture in what is now the United States
        can be traced to 1528 when a Spanish expedition from Cuba to
        Florida was shipwrecked on the Texas coast.
            (3) The Hispanic culture in New Mexico can be traced to
        1539 when a Spanish Franciscan Friar, Marcos de Niza, and his
        guide, Estevanico, traveled into present day New Mexico in
        search of the fabled city of Cibola and made contact with the
        people of Zuni.
            (4) The Hispanic influence in New Mexico is particularly
        dominant and a part of daily living for all the citizens of New
        Mexico, who are a diverse composite of racial, ethnic, and
        cultural peoples. Don Juan de Oarte and the first New Mexican
        families established the first capital in the United States,
        San Juan de los Cabelleros, in July of 1598.
            (5) Based on the 1990 census, there are approximately
        650,000 Hispanics in New Mexico, the majority having roots
        reaching back ten or more generations.
            (6) There are an additional 200,000 Hispanics living
        outside of New Mexico with roots in New Mexico.
            (7) The New Mexico Hispanic Cultural Center is a living
        tribute to the Hispanic experience and will provide all
        citizens of New Mexico, the Southwestern United States, the
        entire United States, and around the world, an opportunity to
        learn about, partake in, and enjoy the unique Hispanic culture,
        and the New Mexico Hispanic Cultural Center will assure that
        this 400-year old culture is preserved.
            (8) The New Mexico Hispanic Cultural Center will teach,
        showcase, and share all facets of Hispanic culture, including
        literature, performing arts, visual arts, culinary arts, and
        language arts.
            (9) The New Mexico Hispanic Cultural Center will promote a
        better cross-cultural understanding of the Hispanic culture and
        the contributions of individuals to the society in which we all
        live.
            (10) In 1993, the legislature and Governor of New Mexico
        created the Hispanic Cultural Division as a division within the
        Office of Cultural Affairs. One of the principal
        responsibilities of the Hispanic Cultural Division is to
        oversee the planning, construction, and operation of the New
        Mexico Hispanic Cultural Center.
            (11) The mission of the New Mexico Hispanic Cultural Center
        is to create a greater appreciation and understanding of
        Hispanic culture.
            (12) The New Mexico Hispanic Cultural Center will serve as
        a local, regional, national, and international site for the
        study and advancement of Hispanic culture, expressing both the
        rich history and the forward-looking aspirations of Hispanics
        throughout the world.
            (13) The New Mexico Hispanic Cultural Center will be a
        Hispanic arts and humanities showcase to display the works of
        national and international artists, and to provide a venue for
        educators, scholars, artists, children, elders, and the general
        public.
            (14) The New Mexico Hispanic Cultural Center will provide a
        venue for presenting the historic and contemporary
        representations and achievements of the Hispanic culture.
            (15) The New Mexico Hispanic Cultural Center will sponsor
        arts and humanities programs, including programs related to
        visual arts of all forms (including drama, dance, and
        traditional and contemporary music), research, literary arts,
        genealogy, oral history, publications, and special events such
        as, fiestas, culinary arts demonstrations, film video
        productions, storytelling presentations and education programs.
            (16) Phase I of the New Mexico Hispanic Cultural Center
        complex is scheduled to be completed by August of 1998 and is
        planned to consist of an art gallery with exhibition space and
        a museum, administrative offices, a restaurant, a ballroom, a
        gift shop, an amphitheater, a research and literary arts
        center, and other components.
            (17) Phase II of the New Mexico Hispanic Cultural Center
        complex is planned to include a performing arts center
        (containing a 700-seat theater, a stage house, and a 300-seat
        film/video theater), a 150-seat black box theater, an art
        studio building, a culinary arts building, and a research and
        literary arts building.
            (18) It is appropriate for the Federal Government to share
        in the cost of constructing the New Mexico Hispanic Cultural
        Center because Congress recognizes that the New Mexico Hispanic
        Cultural Center has the potential to be a premier facility for
        performing arts and a national repository for Hispanic arts and
        culture.
    (b) Definitions.--In this section:
            (1) Center.--The term ``Center'' means the Center for
        Performing Arts, within the complex known as the New Mexico
        Hispanic Cultural Center, which Center for the Performing Arts
        is a central facility in Phase II of the New Mexico Hispanic
        Cultural Center complex.
            (2) Hispanic cultural division.--The term ``Hispanic
        Cultural Division'' means the Hispanic Cultural Division of the
        Office of Cultural Affairs of the State of New Mexico.
            (3) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.
    (c) Construction of Center.--The Secretary shall award a grant to
New Mexico to pay for the Federal share of the costs of the design,
construction, furnishing, and equipping of the Center for Performing
Arts that will be located at a site to be determined by the Hispanic
Cultural Division, within the complex known as the New Mexico Hispanic
Cultural Center.
    (d) Grant Requirements.--
            (1) In general.--In order to receive a grant awarded under
        subsection (c), New Mexico, acting through the Director of the
        Hispanic Cultural Division--
                    (A) shall submit to the Secretary, within 30 days
                of the date of enactment of this section, a copy of the
                New Mexico Hispanic Cultural Center Program document
                dated January 1996; and
                    (B) shall exercise due diligence to expeditiously
                execute, in a period not to exceed 90 days after the
                date of enactment of this section, the memorandum of
                understanding under paragraph (2) recognizing that time
                is of the essence for the construction of the Center
                because 1998 marks the 400th anniversary of the first
                permanent Spanish settlement in New Mexico.
            (2) Memorandum of understanding.--The memorandum of
        understanding described in paragraph (1) shall provide--
                    (A) the date of completion of the construction of
                the Center;
                    (B) that Antoine Predock, an internationally
                recognized architect, shall be the supervising
                architect for the construction of the Center;
                    (C) that the Director of the Hispanic Cultural
                Division shall award the contract for architectural
                engineering and design services in accordance with the
                New Mexico Procurement Code; and
                    (D) that the contract for the construction of the
                Center--
                            (i) shall be awarded pursuant to a
                        competitive bidding process; and
                            (ii) shall be awarded not later than 3
                        months after the solicitation for bids for the
                        construction of the Center.
            (3) Federal share.--The Federal share of the costs
        described in subsection (c) shall be 50 percent.
            (4) Non-federal share.--The non-Federal share of the costs
        described in subsection (c) shall be in cash or in kind fairly
        evaluated, including plant, equipment, or services. The non-
        Federal share shall include any contribution received by New
        Mexico for the design, construction, furnishing, or equipping
        of Phase I or Phase II of the New Mexico Hispanic Cultural
        Center complex prior to the date of enactment of this section.
        The non-Federal share of the costs described in subsection (c)
        shall include the following:
                    (A) $16,410,000 that was appropriated by the New
                Mexico legislature since January 1, 1993, for the
                planning, property acquisition, design, construction,
                furnishing, and equipping of the New Mexico Hispanic
                Cultural Center complex.
                    (B) $116,000 that was appropriated by the New
                Mexico legislature for fiscal year 1995 for the startup
                and operating expenses of the New Mexico Hispanic
                Cultural Center.
                    (C) $226,000 that was appropriated by the New
                Mexico legislature for fiscal year 1996 for the startup
                and operating expenses of the New Mexico Hispanic
                Cultural Center.
                    (D) $442,000 that was appropriated by the New
                Mexico legislature for fiscal year 1997 for the startup
                and operating expenses of the New Mexico Hispanic
                Cultural Center.
                    (E) $551,000 that was appropriated by the New
                Mexico legislature for fiscal year 1998 for the startup
                and operating expenses of the New Mexico Hispanic
                Cultural Center.
                    (F) A 10.9-acre lot with a historic 22,000 square
                foot building donated by the Mayor and City Council of
                Albuquerque, New Mexico, to New Mexico for the New
                Mexico Hispanic Cultural Center.
                    (G) 12 acres of ``Bosque'' land adjacent to the New
                Mexico Hispanic Cultural Center complex for use by the
                New Mexico Hispanic Cultural Center.
                    (H) The $30,000 donation by the Sandia National
                Laboratories and Lockheed Martin Corporation to support
                the New Mexico Hispanic Cultural Center and the program
                activities of the New Mexico Hispanic Cultural Center.
    (e) Use of Funds for Design, Construction, Furnishing, and
Equipment.--The funds received under a grant awarded under subsection
(c) shall be used only for the design, construction, management and
inspection, furnishing, and equipment of the Center.
    (f) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section a total of
$17,800,000 for fiscal year 1998 and succeeding fiscal years. Funds
appropriated pursuant to the authority of the preceding sentence shall
remain available until expended.

SEC. 6. CONSTRUCTION OF A CENTER FOR REGIONAL BLACK CULTURE.

    (a) Findings.--Congress makes the following findings:
            (1) Currently 500,000 historically important artifacts of
        the Civil War era and the early days of the civil rights
        movement in the Southeast region of the United States are
        housed at Florida A&M University.
            (2) To preserve this large repertory of African-American
        history and artifacts it is appropriate that the Federal
        Government share in the cost of construction of this national
        repository for culture and history.
    (b) Definition.--In this section:
            (1) Center.--The term ``Center'' relates to the Center for
        Historically Black Heritage at Florida A&M University.
            (2) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior Acting through the director of the Park
        Service.
    (c) Construction of Center.--The Secretary shall award a grant to
the State of Florida to pay for the Federal share of the costs design
construction, furnishing and equipping the Center at Florida A&M
University.
    (d) Grant Requirements.--
            (1) In general.--In order to receive the grant awarded
        under subsection (c), Florida A&M University, shall submit to
        the Secretary a proposal.
            (2) Federal share.--The Federal share of the costs
        described in subsection (c) shall be 50 percent.
    (e) Authorization of Appropriation.--There is authorized to be
appropriated to the Secretary of the Interior to carry out this section
a total of $3,800,000 for fiscal year 1998 and preceding fiscal years.
Funds appropriated pursuant to the authority of the preceding sentence
should remain available until expended.

SEC. 7. RELOCATION AND EXPANSION OF HAFFENREFFER MUSEUM OF
              ANTHROPOLOGY.

    (a) Definitions.--In this section:
            (1) Museum.--The term ``Museum'' means the Haffenreffer
        Museum of Anthropology at Brown University in Providence, Rhode
        Island.
            (2) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.
    (b) Relocation and Expansion of Museum.--The Secretary shall make a
grant to Brown University in Providence, Rhode Island, to pay the
Federal share of the costs associated with the relocation and expansion
of the Museum, including the design, construction, renovation,
restoration, furnishing, and equipping of the Museum.
    (c) Grant Requirements.--
            (1) In general.--To receive a grant under subsection (b),
        the Museum shall submit to the Secretary a proposal for the use
        of the grant.
            (2) Federal share.--The Federal share of the costs
        described in subsection (b) shall be 20 percent.
    (d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $3,000,000, to remain available
until expended.

SEC. 8. ENVIRONMENTAL RESEARCH CENTER.

    (a) In General.--The Secretary of the Interior shall award a grant
to Juniata College for the construction of environmental research
facilities and structures at Raystown Lake, Pennsylvania.
    (b) Coordination.--As a condition to receipt of the grant
authorized in subsection (a), officials of Juniata College shall
coordinate with the Baltimore District of the Army Corps of Engineers.
    (c) Authorization of Appropriations.--There is authorized to be
appropriated $5,000,000 to carry out this section.

SEC. 9. FORT PECK DAM INTERPRETIVE CENTER.

    (a) In General.--The Secretary of the Interior shall design,
construct, furnish and equip an historical, cultural and
paleontological interpretive center and museum to be located at Fort
Peck Dam, Montana.
    (b) Coordination.--In carrying out subsection (a), the Secretary of
the Interior shall coordinate with officials of the Bureau of
Reclamation, Bureau of Land Management, United States Army Corps of
Engineers and the Fort Peck Dam Interpretive Center and Museum.
    (c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section a total of $10,000,000. Funds
appropriated are available until expended.

            Passed the Senate July 31, 1997.

            Attest:

                                                    GARY SISCO,

                                                             Secretary.

Summary: John F. Kennedy Center Parking Improvement Act of 1997 - Amends the John F. Kennedy Center Act to authorize the Board of Trustees for the John F. Kennedy Center for the Performing Arts, in accordance with a specified master site plan, to design and construct: (1) parking garage additions at the north and south ends of the Center. And (2) site improvements and modifications. Prohibits the use of appropriated funds for the design and construction of such garage additions or for the following activities that the Board specifically designates for financing through non-appropriated fund sources: (1) the above site improvements and modifications. And (2) acquiring large screen format equipment for an interpretive theater or for the production of an interpretive film. Requires the Board to: (1) ensure that safe and convenient Center site access is provided for pedestrians and vehicles. And (2) develop plans and carry out projects for access improvements. Directs the Secretary of the Interior to award a grant to New Mexico for the Federal share of the costs of design, construction, furnishing, and equipping of the Center for the Performing Arts within the New Mexico Hispanic Cultural Center. Requires a Federal share of 50 percent of project costs. Requires the non-Federal share to include any contributions already received in support of the design and construction of Phase I or II of the Center complex. Authorizes appropriations. Directs the Secretary to award a grant to Florida for the Federal share of the costs of design, construction, furnishing, and equipping of the Center for Historically Black Heritage at Florida AM University. Requires a Federal share of 50 percent of project costs. Authorizes appropriations. Directs the Secretary to make a grant to Brown University in Providence, Rhode Island, for the Federal share of the costs of the relocation and expansion of the Haffenreffer Museum of Anthropology at the University. Requires a Federal share of 20 percent of project costs. Authorizes appropriations. Directs the Secretary to award a grant to Juniata College for the construction of environmental research facilities and structures at Raystown Lake, Pennsylvania. Authorizes appropriations. Directs the Secretary to design, construct, furnish, and equip a historical, cultural, and paleontological interpretive center and museum at Fort Peck Dam, Montana. Authorizes appropriations.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``SOAR to Health and Wellness Act of
2016''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Human trafficking.--The term ``human trafficking'' has
        the meaning given the term ``severe forms of trafficking in
        persons'' as defined in section 103 of the Trafficking Victims
        Protection Act of 2000 (22 U.S.C. 7102).
            (2) Secretary.--The term ``Secretary'' means the Secretary
        of Health and Human Services.

SEC. 3. PILOT PROGRAM ESTABLISHMENT.

    (a) In General.--The Secretary shall establish a pilot program to
be known as ``Stop, Observe, Ask, and Respond to Health and Wellness
Training'' (or ``SOAR to Health and Wellness Training'') (referred to
in this Act as the ``pilot program''), to provide training to health
care providers and other related providers, at all levels, on human
trafficking in accordance with the purpose described in subsection (b).
    (b) Purpose.--The pilot program established under subsection (a)
shall train health care providers and other related providers to enable
such providers to--
            (1) identify potential human trafficking victims;
            (2) implement proper protocols and procedures for working
        with law enforcement to report, and facilitate communication
        with, such victims, in accordance with all applicable Federal,
        State, local, and tribal requirements, including legal
        confidentiality requirements for patients and health care
        providers;
            (3) implement proper protocols and procedures for referring
        such victims to appropriate social or victims service agencies
        or organizations;
            (4) provide such victims care that is--
                    (A) coordinated;
                    (B) victim centered;
                    (C) culturally relevant;
                    (D) comprehensive;
                    (E) evidence based;
                    (F) gender responsive;
                    (G) age appropriate, with a focus on care for
                youth; and
                    (H) trauma informed; and
            (5) consider the potential for integrating the training
        described in paragraphs (1) through (4) with training programs,
        in effect on the date of enactment of this Act, for victims of
        domestic violence, dating violence, sexual assault, stalking,
        child abuse, child neglect, child maltreatment, and child
        sexual exploitation.
    (c) Functions.--
            (1) In general.--The functions of the pilot program
        established under subsection (a) shall include the functions of
        the Stop, Observe, Ask, and Respond to Health and Wellness
        Training program that was operating on the day before the date
        of enactment of this Act and the authorized initiatives
        described in paragraph (2).
            (2) Authorized initiatives.--The authorized initiatives of
        the pilot program established under subsection (a) shall
        include--
                    (A) engaging stakeholders, including victims of
                human trafficking and any Federal, State, local, or
                tribal partners, to develop a flexible training
                module--
                            (i) for achieving the purpose described in
                        subsection (b); and
                            (ii) that adapts to changing needs,
                        settings, health care providers, and other
                        related providers;
                    (B) making grants available to support training in
                health care sites that represent diversity in--
                            (i) geography;
                            (ii) the demographics of the population
                        served;
                            (iii) the predominate types of human
                        trafficking cases; and
                            (iv) health care provider profiles;
                    (C) providing technical assistance for health
                education programs to implement nationwide health care
                protocol, or develop continuing education training
                materials, that assist in achieving the purpose
                described in subsection (b);
                    (D) developing a strategy to incentivize the
                utilization of training materials developed under
                subparagraph (C) and the implementation of nationwide
                health care protocol described in such subparagraph, as
                the Secretary determines appropriate; and
                    (E) developing a reliable methodology for
                collecting data, and reporting such data, on the number
                of human trafficking victims identified and served in
                health care settings or other related provider
                settings.
    (d) Termination.--The pilot program established under subsection
(a) shall terminate on October 1, 2022.

SEC. 4. DATA COLLECTION AND REPORTING REQUIREMENTS.

    (a) Data Collection.--
            (1) In general.--During each of fiscal years 2018 through
        2022, the Secretary shall collect data on each of the
        following:
                    (A) The total number of facilities that were
                operating under the pilot program established under
                section 3(a)--
                            (i) during the previous fiscal year; and
                            (ii) before the previous fiscal year.
                    (B) The total number of health care providers and
                other related providers trained through such pilot
                program during each of the periods described in clauses
                (i) and (ii) of subparagraph (A).
            (2) Initial report.--In addition to the data required to be
        collected under paragraph (1), for purposes of the initial
        report to be submitted under subsection (b), the Secretary
        shall collect data on the total number of facilities that were
        operating under, and the total number of health care providers
        and other related providers trained through, the Stop, Observe,
        Ask, and Respond to Health and Wellness Training program that
        was operating before the establishment of the pilot program
        under section 3(a).
    (b) Reporting.--Not later than 90 days after the first day of each
of fiscal years 2018 through 2022, the Secretary shall prepare and
submit to Congress a report on the data collected under subsection (a).

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this Act
$3,000,000 for each of fiscal years 2018 through 2022.

Summary: SOAR to Health and Wellness Act of 2016 This bill directs the Department of Health and Human Services (HHS) to establish a pilot program, to be known as Stop, Observe, Ask, and Respond to Health and Wellness Training , to train health care providers and other related providers to: identify potential human trafficking victims, work with law enforcement to report and facilitate communication with such victims, refer victims to social or victims service agencies or organizations, provide such victims with coordinated care tailored to their circumstances, and consider integrating this training with existing training programs. The pilot program must include the functions of the training program with the same name that was operating before this bill's enactment and the following initiatives: engaging stakeholders to develop a flexible training module, supporting training in diverse health care sites, providing technical assistance to health education programs, developing a strategy to incentivize the use of training materials developed under this bill and the implementation of a nationwide health care protocol, and developing a methodology for collecting and reporting data on the number of human trafficking victims served in health care settings or other related provider settings. The pilot program is authorized through FY2022. HHS must report on the number of facilities operating under the pilot program, the number of providers trained through the pilot program, and these numbers for the program operating before the pilot program.

SOAR to Health and Wellness Act of 2016


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Higher Education Savings Plan Act of
1993''.

SEC. 2. PENALTY FREE WITHDRAWALS FROM ANNUITIES FOR HIGHER EDUCATION
              EXPENSES.

    (a) In General.--Paragraph (2) of section 72(q) of the Internal
Revenue Code of 1986 (relating to 10-percent penalty for premature
distributions from annuity contracts) is amended by striking ``or'' at
the end of subparagraph (I), by striking the period at the end of
subparagraph (J) and inserting ``, or'', and by inserting after
subparagraph (J) the following new subparagraph:
            ``(K) which is a qualified higher education expense
        distribution (as defined in paragraph (4)).''
    (b) Qualified Higher Education Expense Distribution.--Subsection
(q) of section 72 of such Code is amended by adding at the end thereof
the following new paragraph:
            ``(4) Qualified higher education expense distribution.--
                    ``(A) In general.--For purposes of paragraph
                (2)(K), the term `qualified higher education expense
                distribution' means any distribution from a designated
                higher education expense annuity to the taxpayer if
                such distribution is used within 90 days of the date of
                the distribution to pay qualified tuition and related
                expenses (as defined in section 117(b)) required for
                the enrollment or attendance of such taxpayer, the
                taxpayer's spouse, or a child (as defined in section
                151(c)(3)) or grandchild of such taxpayer at an
                eligible educational institution (as defined in section
                135(c)(3)); except that such expenses shall be reduced
                by any amount excluded from gross income under section
                135 by reason of such expenses.
                    ``(B) Designated higher education expense
                annuity.--
                            ``(i) In general.--The term `designated
                        higher education expense annuity' means any
                        annuity purchased after December 31, 1992, and
                        designated for purposes of this paragraph by
                        the purchaser at the time of purchase as an
                        annuity to which this paragraph applies.
                            ``(ii) Certain annuities received in an
                        exchange not eligible.--Such term shall not
                        include any annuity acquired in an exchange to
                        which section 1035 applies unless the annuity
                        given up by the taxpayer in the exchange was a
                        designated higher education expense annuity.''
    (c) Gift Tax Treatment.--Subsection (e) of section 2503 of such
Code is amended by adding at the end thereof the following new
paragraph:
            ``(3) Treatment of premiums paid under designated higher
        education expense annuities.--
                    ``(A) In general.--Any premium paid for a
                designated higher education expense annuity shall not
                be treated as transfer of property by gift for purposes
                of this chapter.
                    ``(B) Recapture rules.--If any premium paid by any
                person for a designated higher education expense
                annuity is not treated as a taxable gift solely by
                reason of subparagraph (A)--
                            ``(i) Lifetime distributions not used for
                        educational purposes.--Any disqualified
                        lifetime distribution from the portion of any
                        annuity attributable to such premium shall be
                        treated as a transfer by gift by such person.
                            ``(ii) Inclusion in gross estate.--The
                        gross estate of such person shall include the
                        value (as of the date of the decedent's death
                        or applicable valuation date set forth in
                        section 2032) of the portion of any annuity
                        attributable to such premium.
                    ``(C) Disqualified lifetime distribution.--For
                purposes of subparagraph (B), the term `disqualified
                lifetime distribution' means any distribution which is
                not a qualified higher education distribution and which
                is made during the life of the person referred to in
                subparagraph (B) to or for the benefit of another
                person.
                    ``(D) Other definitions.--For purposes of this
                paragraph, the terms `designated higher education
                expense annuity' and `qualified higher education
                expense distribution' have the respective meanings
                given such terms by section 72(q)(4).''
    (d) Effective Date.--The amendments made by this section shall take
effect on January 1, 1994.

Summary: Higher Education Savings Plan Act of 1993 - Amends the Internal Revenue Code to exempt distributions from a higher education expenses annuity contract from the ten-percent penalty on premature distributions from annuity contracts. Excludes the premium to purchase such a contract from gift tax liability.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Small Lands Tracts Conveyance Act''.

SEC. 2. SPECIAL CONVEYANCE AUTHORITY REGARDING SMALL PARCELS OF
              NATIONAL FOREST SYSTEM LAND AND PUBLIC LANDS.

    (a) Definitions.--In this section:
            (1) Director concerned.--The term ``Director concerned''
        means the Director of the Bureau of Land Management for a
        State.
            (2) Eligible federal lands parcel.--The term ``eligible
        Federal lands parcel'' means a parcel of National Forest System
        land or the public lands that--
                    (A) shares one or more boundaries with non-Federal
                land;
                    (B) is located within the boundaries of an
                incorporated or unincorporated area with a population
                of at least 500 residents;
                    (C) is not subject to existing rights held by a
                non-Federal entity;
                    (D) does not contain an exceptional resource; and
                    (E) is not habitat for an endangered species or a
                threatened species determined under section 4 of the
                Endangered Species Act of 1973 (16 U.S.C. 1533).
            (3) Exceptional resource.--The term ``exceptional
        resource'' means a resource of scientific, historic, cultural,
        or recreational value on a parcel of public lands that the
        Director concerned or Regional Forester concerned determines,
        on the record and after an opportunity for a hearing--
                    (A) is documented by a Federal, State, or local
                governmental authority; and
                    (B) requires extraordinary conservation and
                protection to maintain the resource for the benefit of
                the public.
            (4) National forest system land.--
                    (A) In general.--The term ``National Forest System
                land'' means land within the National Forest System, as
                defined in section 11(a) of the Forest and Rangeland
                Renewable Resources Planning Act of 1974 (16 U.S.C.
                1609(a)), including the National Grasslands and land
                utilization projects designated as National Grasslands
                administered pursuant to the Act of July 22, 1937 (7
                U.S.C. 1010-1012).
                    (B) Exclusions.--The term does not include any land
                managed by the Forest Service that is included in a
                national monument, an area of critical environmental
                concern, a national conservation area, a national
                riparian conservation area, a national recreation area,
                a national scenic area, a research natural area, a
                national outstanding natural area, a national natural
                landmark, a wilderness area, a wilderness study area,
                the national wild and scenic rivers system, or the
                national system of trails.
            (5) Public lands.--
                    (A) In general.--The term ``public lands'' has the
                meaning given that term in section 103(e) of the
                Federal Land Policy and Management Act of 1976 (43
                U.S.C. 1702(e)).
                    (B) Exclusions.--The term does not include any land
                managed by the Bureau of Land Management that is
                included in a national monument, an area of critical
                environmental concern, a national conservation area, a
                national riparian conservation area, a national
                recreation area, a national scenic area, a research
                natural area, a national outstanding natural area, a
                national natural landmark, a wilderness area, a
                wilderness study area, the national wild and scenic
                rivers system, or the national system of trails.
            (6) Regional forester concerned.--The term ``Regional
        Forester concerned'' means the Regional Forester with
        jurisdiction over the National Forest System land of a specific
        Forest Service Region.
    (b) Selection of Parcels for Conveyance.--
            (1) Two selection methods.--The Director concerned or the
        Regional Forester concerned shall select an eligible Federal
        lands parcel for conveyance under this section--
                    (A) in response to a request submitted by an owner
                of non-Federal land that shares one or more boundaries
                with the parcel; or
                    (B) upon the recommendation of the District Office
                of the Bureau of Land Management or unit of the
                National Forest System exercising administration over
                the parcel.
            (2) Review of landowner request.--When a landowner submits
        a request under paragraph (1)(A) for conveyance of a parcel of
        National Forest System land or public lands, the Director
        concerned or the Regional Forester concerned shall review the
        parcel and determine, within 30 days after receipt of the
        request, whether the parcel satisfies the definition of
        eligible Federal lands parcel for conveyance.
            (3) Rejection of landowner request.--If the Director
        concerned or the Regional Forester concerned determines under
        paragraph (2) that all or a portion of the parcel of National
        Forest System land or public lands covered by a landowner
        request under paragraph (1)(A) fails to satisfy the definition
        of eligible Federal lands parcel, the Director concerned or the
        Regional Forester concerned shall give the landowner--
                    (A) a written explanation of the reasons for the
                rejection, which specifically specifies--
                            (i) which of the elements of the definition
                        of eligible Federal lands parcel the parcel
                        fails to satisfy and how and why the parcel
                        fails to satisfy that element;
                            (ii) how the continued administration of
                        the parcel by the Bureau of Land Management or
                        the Forest Service would impact the parcel and
                        surrounding economy; and
                            (iii) why the Federal Government needs to
                        maintain ownership of the parcel and would be
                        the best land ownership steward of the parcel;
                        and
                    (B) an opportunity to appeal the rejection under
                subsection (e).
    (c) Parcel and Acreage Limitations.--
            (1) Acreage.--An eligible Federal lands parcel conveyed
        under this section may not exceed 160 acres unless a request
        for additional acreage is approved by the Director concerned or
        the Regional Forester concerned.
            (2) Number of parcels.--A person may only acquire one
        eligible Federal lands parcel under this section per year,
        except that, if the parcel is less than 160 acres in size, the
        person may acquire additional eligible Federal lands parcels
        during that year so long as the total acreage acquired does not
        exceed 160 acres unless a request for additional acreage is
        approved by the Director concerned or the Regional Forester
        concerned.
    (d) Conveyance Process.--
            (1) Public notice.--The Director concerned or the Regional
        Forester concerned shall provide public notice of the
        availability of an eligible Federal lands parcel, even in cases
        in which the parcel shares a boundary with only a single parcel
        of non-Federal land or with multiple parcels owned by the same
        landowner. The notice shall state that the parcel satisfies the
        definition of eligible Federal lands parcel for conveyance.
            (2) Single adjacent landowner.--If the eligible Federal
        lands parcel shares a boundary with only a single parcel of
        non-Federal land or with multiple parcels owned by the same
        landowner, the Director concerned or the Regional Forester
        concerned shall carry out a negotiated sale of the eligible
        Federal lands parcel with the landowner.
            (3) Multiple adjacent landowners.--If multiple parcels of
        non-Federal land, owned by different landowners, share a
        boundary with an eligible public lands parcel, the sale of the
        eligible public lands parcel under this section shall be
        conducted using competitive bidding procedures established
        under section 203(f) of the Federal Land Policy and Management
        Act of 1976 (43 U.S.C. 1713(f)).
            (4) Rejection of offers.--The Director concerned or the
        Regional Forester concerned may reject any offer made under
        this subsection that does not offer the minimum consideration
        required by subsection (f). The landowner shall be given an
        opportunity to appeal the rejection under subsection (e).
            (5) Compliance with local planning and zoning.--As a
        condition of the conveyance of an eligible public lands parcel
        under this section, the Director concerned or the Regional
        Forester concerned shall require the purchaser of the parcel to
        agree to comply all local land use ordinances and any master
        zoning plan applicable to the parcel or the adjacent non-
        Federal land of the purchaser.
            (6) Form of conveyance.--When an eligible Federal lands
        parcel is to sold under this section, the Director concerned or
        the Regional Forester concerned shall convey, by quitclaim
        deed, all right, title, and interest, including the mineral
        estate, of the United States in and to the parcel.
    (e) Appeals Process.--
            (1) Availability of appeal.--If the Director concerned or
        the Regional Forester concerned rejects a landowner request
        under subsection (b)(1)(A) for selection of a parcel of
        National Forest System land or public lands for conveyance
        under this section or rejects a landowner offer for purchase of
        an eligible Federal lands parcel under subsection (d), the
        Director concerned or the Regional Forester concerned shall
        provide an appeals process for reconsideration of the rejection
        using the expedited Forest Service appeals process available
        under section 322(d) of Public Law 102-381 (16 U.S.C. 1612
        note).
            (2) Administering official.--For purposes of applying
        section 322(d) of Public Law 102-381 (16 U.S.C. 1612 note),
        references to the Chief of the Forest Service or the Secretary
        of Agriculture shall be deemed to mean the Director concerned
        or the Regional Forester concerned.
    (f) Consideration.--
            (1) Fair market value.--As consideration for the sale of an
        eligible Federal lands parcel under this section, the Director
        concerned or the Regional Forester concerned shall require a
        cash payment in an amount that is equal to not less than the
        fair market value of the parcel, including the mineral estate,
        being conveyed by the Director concerned or the Regional
        Forester concerned.
            (2) Establishment.--The fair market value of an eligible
        Federal lands parcel shall be established by an appraisal
        submitted by the landowner seeking to purchase the parcel,
        unless the Director concerned or the Regional Forester
        concerned rejects such appraisal within 45 days after
        submission. In the case of the rejection of the appraisal, the
        Director concerned or the Regional Forester concerned shall
        cause another appraisal to be conducted, within 30 days, in
        accordance with the regulations regarding appraisals issued
        under section 206(f) of the Federal Land Policy and Management
        Act of 1976 (43 U.S.C. 1716(f)).
    (g) Treatment of Proceeds.--
            (1) Sharing and deposit of proceeds.--Of the consideration
        received by the Director concerned or the Regional Forester
        concerned under subsection (f) for the sale of an eligible
        Federal lands parcel under this section, the Director concerned
        or the Regional Forester concerned shall--
                    (A) subject to paragraph (2), pay 50 percent of the
                consideration to the county government of the county in
                which the parcel is located; and--
                    (B) deposit the remainder in the general fund of
                the Treasury.
            (2) Effect of county purchase.--If an eligible Federal
        lands parcel is purchased by a State, county, or city
        government or any agency thereof, the county government in
        which the parcel is located shall not receive a portion of the
        consideration paid for the parcel. Instead, the entire amount
        of the consideration shall be deposited in the general fund of
        the Treasury.
    (h) Payment of Costs of Conveyance.--
            (1) Payment required.--The Director concerned or the
        Regional Forester concerned shall require the purchaser of an
        eligible Federal lands parcel under this section to cover the
        costs to be incurred, or to reimburse the Director concerned or
        the Regional Forester concerned for costs incurred, to carry
        out the conveyance, including survey and appraisal costs, costs
        for environmental documentation, and any other administrative
        costs related to the conveyance. If amounts are collected from
        the purchaser of the parcel in advance of the Director
        concerned or the Regional Forester concerned incurring the
        actual costs, and the amount collected exceeds the costs
        actually incurred by the Director concerned or the Regional
        Forester concerned to carry out the conveyance, the Director
        concerned or the Regional Forester concerned shall refund the
        excess amount to the purchaser.
            (2) Treatment of amounts received.--Amounts received as
        reimbursement under paragraph (1) shall be credited to the fund
        or account that was used to cover those costs in carrying out
        the conveyance. Amounts so credited shall be merged with
        amounts in such fund or account, and shall be available for the
        same purposes, and subject to the same conditions and
        limitations, as amounts in such fund or account.
    (i) Time for Conveyance.--It is the intent of the Congress that the
sale of an eligible Federal lands parcel under this section, from
selection of the parcel for conveyance through completion of the sale,
should take no more than 18 months.
    (j) NEPA Exemption.--The conveyance of eligible Federal lands
parcels under this section is not a major Federal action significantly
affecting the quality of the human environment under section 102(2)(C)
the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C))
because each conveyance involves only a small parcel of National Forest
System land or the public lands and has no significant impact on
critical habitats or endangered or threatened species, critical
environments, exceptional resources.
    (k) Additional Authority.--The conveyance authority provided by
this section is in addition to the sale authority provided by section
203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1713) or any other provision of law.

Summary: Small Lands Tracts Conveyance Act - Requires the Director of the Bureau of Land Management (BLM) for a state or the Regional Forester to select an eligible federal lands parcel for conveyance: (1) in response to a request by an owner of non-federal land that shares one or more boundaries with such parcel, or (2) upon the recommendation of the BLM District Office or System unit that exercises administration over such parcel. Bars a conveyed eligible parcel from exceeding 160 acres unless the Director or Regional Forester concerned approves a request for additional acreage. Permits acquisition by a person of only one eligible parcel a year, subject to an exception. Instructs the Director or Regional Forester concerned, as consideration for the sale of an eligible parcel, to require a cash payment in an amount equal to not less than the fair market value of such parcel, including the mineral estate, being conveyed. Requires the Director or the Regional Forester concerned to: (1) pay 50 of the consideration received for the sale of an eligible parcel to the county government in which such parcel is located, and (2) deposit the remaining amount in the general Treasury fund. Requires the purchaser of an eligible federal lands parcel under this Act to cover the costs to be incurred, or to reimburse the Director or Regional Forester concerned for the costs incurred, in carrying out the conveyance.

To provide for the conveyance of small parcels of National Forest System land and small parcels of public lands administered by the Bureau of Land Management to landowners whose lands share a boundary with the National Forest System land or public lands, and for other purposes.


SECTION 1. FINDINGS.

    Congress finds the following:
            (1) The volume of crude oil transported by rail has
        significantly increased from--
                    (A) 21,000 barrels a day in 2009 to 1.1 million
                barrels a day in 2014; and
                    (B) 9,500 rail-carloads in 2008 to 415,000 rail-
                carloads in 2013.
            (2) At any given time, more than 2.5 million gallons of
        crude oil is being transported across the country to refineries
        totaling a distance of more than 1,000 miles.
            (3) More oil was spilled in 2013 from freight traffic than
        in the previous 4 decades combined.
            (4) Increased spills result in catastrophes that have
        significantly and adversely impacted the following communities:
                    (A) Minnesota, in March 2013, when 30,000 gallons
                of crude oil spilled because of derailed cars.
                    (B) Lac-Meegantic, Canada, in July 2013, when 1.6
                million gallons of crude oil spilled, igniting a fire
                and exploding, killing 47 people and forcing 2,000
                people from their homes.
                    (C) North Dakota, in December 2013, when 400,000
                million gallons of crude oil spilled, igniting a fire
                and forcing 65 percent of residents from their homes.
                    (D) Virginia, in March 2014, when thousands of
                gallons of oil spilled, contaminating the James River
                and requiring the evacuation of 78,000 people in the
                downtown of the city.
                    (E) West Virginia, in February 2015, when 26 cars
                containing oil that exceeded volatility standards for
                transport derailed, igniting fires and explosions,
                threatening the water supply, and forcing hundreds of
                people from their homes.
            (5) Hazardous materials must be properly classified for
        transportation, according to requirements from the Pipeline and
        Hazardous Materials Safety Administration (PHMSA).
            (6) Crude oil is categorized as a Class 3 flammable liquid
        in either Packing Group (PG) I or II.
            (7) Due to serious mislabeling practices, the Department of
        Transportation's Emergency Order (Docket No. DOT-OST-2014-0025)
        from February 2014 has forbidden the labeling of crude oil as
        PG III for transport and handling until further notice;
        shipments must be labeled as either PG I (most serious hazard)
        or PG II (moderate hazard) for proper handling and transport of
        crude oil.
            (8) PHMSA has found that crude oil from the Bakken region
        (in North Dakota, Montana, and Canada) is ``more volatile than
        most other types of crude,'' and subsequently, more flammable.
            (9) The samples that PHMSA tested from the Bakken region
        ``displayed characteristics consistent with those of a Class 3
        flammable liquid, PG I or II, with a predominance to PG I, the
        most dangerous class of Class 3 flammable liquids''.
            (10) The oil industry group North Dakota Petroleum Council
        has recommended that Bakken crude oil be labeled as PG I
        hazardous materials for transportation.
            (11) Oil from the Bakken region accounts for about 12
        percent of total domestic production.
            (12) The National Transportation Safety Board (NTSB) has
        expressed concern ``that major loss of life, property damage
        and environmental consequences can occur when large volumes of
        crude oil or other flammable liquids are transported on a
        single train involved in an accident''.
            (13) The NTSB has recommended that routes transporting
        hazardous materials present the fewest overall safety and
        security risks by avoiding populated areas.

SEC. 2. STUDY ON IMPACT OF DIVERTING CERTAIN FREIGHT RAIL TO AVOID
              URBAN AREAS.

    (a) In General.--Not later than 3 months after the date of
enactment of this Act, the Secretary of Transportation shall make
appropriate arrangements with the Transportation Research Board of the
National Academies under which the Board shall conduct a study on the
cost and impact of rerouting freight rail traffic containing hazardous
material to avoid transportation of such hazardous material through
urban areas.
    (b) Contents of Study.--The study described under subsection (a)
shall include--
            (1) the benefits of rerouting freight rail traffic
        containing hazardous material to alternate railroad routes that
        avoid urban areas, including benefits to the health and safety
        of the individuals living in such urban areas;
            (2) the benefits of construction of alternative railroad
        routes that avoid urban areas for transportation of freight
        rail containing hazardous material;
            (3) the logistical feasibility of the actions described in
        paragraphs (1) and (2); and
            (4) the costs of taking the actions described in paragraphs
        (1) and (2).
    (c) Report.--In entering into an arrangement under subsection (a),
the Secretary shall request that the Board transmit to Congress a
report on the results of the study not later than 21 months after the
date of enactment of this Act.
    (d) Definitions.--
            (1) Hazardous material.--The term ``hazardous material''
        has the meaning given such term in section 5102 of title 49,
        United States Code.
            (2) Urban area.--The term ``urban area'' means an urban
        area, as designated by the Bureau of the Census, with a
        population of greater than 30,000.
    (e) Authorization of Appropriations.--There are authorized to be
appropriated $850,000 to carry out this Act.

Summary: Directs the Secretary of Transportation to make appropriate arrangements with the Transportation Research Board of the National Academy of Sciences, the National Academy of Engineering, the Institute of Medicine, and the National Research Council to study the cost and impact of rerouting freight rail traffic of hazardous material to avoid its transportation through urban areas.

To provide for a study by the Transportation Research Board of the National Academies on the impact of diverting certain freight rail traffic to avoid urban areas, and for other purposes.


SECTION 1. SHORT TITLE; REFERENCES IN ACT.

    (a) Short Title.--This Act may be cited as the ``Health Care Fraud
and Abuse Advisory Opinion Act of 1994''.
    (b) References in Act.--Except as otherwise specifically provided,
whenever an amendment herein is expressed in terms of an amendment to,
or repeal of a section or other provision, the reference shall be
considered to be made to that section or other provision of the Social
Security Act.

SEC. 2. AUTHORIZING THE SECRETARY OF HEALTH AND HUMAN SERVICES TO ISSUE
              ADVISORY OPINIONS UNDER TITLE XI.

    (a) Authorization.--Title XI, section 1128 (42 U.S.C. 1320a-7) is
amended by the addition of the following new paragraph:
    ``(j) The Secretary shall issue advisory opinions as provided in
this section.
            ``(1) Matters subject to advisory opinions.--The Secretary
        shall issue advisory opinions as to the following matters:
                    ``(i) What constitutes prohibited remuneration
                within the meaning of section 1320a-7b(b) of title 42,
                United States Code.
                    ``(ii) Whether an arrangement or proposed
                arrangement satisfies the criteria set forth in section
                1320a-7b(b)(3) of title 42, United States Code as
                amended for activities which do not result in
                prohibited remuneration.
                    ``(iii) Whether an arrangement or proposed
                arrangement satisfies the criteria which the Secretary
                has established, or shall establish by regulation for
                activities which do not result in prohibited
                remuneration.
                    ``(iv) What constitutes an inducement to reduce or
                limit services to individuals entitled to benefits
                under part A or part B of title XVIII or title XIX
                within the meaning of section 1320a-7a(b) of title 42,
                United States Code.
                    ``(v) Whether an arrangement, activity or proposed
                arrangement or proposed activity violates any other
                provision of the Act.
            ``(2) Matters not subject to advisory opinions.--Such
        advisory opinions shall not address the following matters:
                    ``(i) Whether the fair market value shall be, or
                was paid or received for any goods, services or
                property.
                    ``(ii) Whether an individual is a bona fide
                employee within the requirements of section 3121(d)(2)
                of title 26, United States Code.
            ``(3) Effect of advisory opinions.--
                    ``(i) Each advisory opinion issued by the Secretary
                shall be binding as to the Secretary and the party or
                parties requesting the opinion.
                    ``(ii) The failure of a party to seek an advisory
                opinion may not be introduced into evidence to prove
                that the party intended to violate the provisions of
                sections 1320a-7, 1320a-7(a), or 1320a-7(b) of title
                42, United States Code.
            ``(4) Regulations.--The Secretary within one hundred and
        eighty days of the date of enactment, shall issue regulations
        establishing a system for the issuance of advisory opinions.
        Such regulations shall provide for--
                    ``(i) the procedure to be followed by a party
                applying for an advisory opinion;
                    ``(ii) the procedure to be followed by the
                Secretary in responding to a request for an advisory
                opinion;
                    ``(iii) the interval in which the Secretary shall
                respond;
                    ``(iv) the reasonable fee to be charged to the
                party requesting an advisory opinion; and
                    ``(v) the manner in which advisory opinions will be
                made available to the public.
            ``(5) Interval for issuance of advisory opinions.--Under no
        circumstances shall the interval in which the Secretary shall
        respond to a party requesting an advisory opinion exceed 30
        days.''.

SEC. 3. AUTHORIZING THE SECRETARY OF HEALTH AND HUMAN SERVICES TO ISSUE
              ADVISORY OPINIONS UNDER TITLE XVIII.

    (a) Authorization.--Title XVIII, section 1877 (42 U.S.C. 1395nn) is
amended by the addition of the following new paragraph:
    ``(i)(1) Advisory Opinions.--The Secretary shall issue advisory
opinions on whether an arrangement or proposed arrangement will result
in a prohibited referral within the meaning of section 1395nn of title
42, United States Code, as amended.
    ``(2) Effect of Advisory Opinions.--
            ``(i) Each advisory opinion issued by the Secretary shall
        be binding as to the Secretary and the party or parties
        requesting the opinion.
            ``(ii) The failure of a party to seek an advisory opinion
        may not be introduced into evidence to prove that the party
        intended to violate the provisions of section 1395nn of title
        42, United States Code.
    ``(3) Regulations.--The Secretary within one hundred and eighty
days of the date of enactment, shall issue regulations establishing a
system for the issuance of advisory opinions. Such regulations shall
provide for--
            ``(i) the procedure to be followed by a party applying for
        an advisory opinion;
            ``(ii) the procedure to be followed by the Secretary in
        responding to a request for an advisory opinion;
            ``(iii) the interval in which the Secretary shall respond;
            ``(iv) the reasonable fee to be charged to the party
        requesting an advisory opinion; and
            ``(v) the manner in which advisory opinions will be made
        available to the public.
    ``(4) Interval for Issuance of Advisory Opinions.--Under no
circumstances shall the interval in which the Secretary shall respond
to a party requesting an advisory opinion exceed thirty days.''.

SEC. 4. EFFECTIVE DATE.

    Unless otherwise specified herein, the Health Care Fraud and Abuse
Advisory Opinion Act of 1994 shall be effective upon enactment.

Summary: Health Care Fraud and Abuse Advisory Opinion Act of 1994 - Amends title XI of the Social Security Act (SSA) to give the Secretary of Health and Human Services the authority to issue binding advisory opinions addressing certain matters, such as what constitutes prohibited remuneration or an inducement to reduce or limit Medicare or Medicaid services, and whether an arrangement or activity, actual or proposed, violates any other SSA provisions. Amends SSA title XVIII (Medicare) to give the Secretary the authority to issue binding advisory opinions on whether an arrangement or proposed arrangement will result in a prohibited physician referral. Requires the Secretary to issue regulations establishing systems for the issuance of the advisory opinions above.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``TSA Office of Inspection
Accountability Act of 2014''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Consistent with Federal law and regulations, for law
        enforcement officers to qualify for premium pay as criminal
        investigators, the officers must, in general, spend on average
        at least 50 percent of their time investigating, apprehending,
        or detaining individuals suspected or convicted of offenses
        against the criminal laws of the United States.
            (2) According to the Inspector General of the Department of
        Homeland Security (DHS IG), the Transportation Security
        Administration (TSA) does not ensure that its cadre of criminal
        investigators in the Office of Inspection are meeting this
        requirement, even though they are considered law enforcement
        officers under TSA policy and receive premium pay.
            (3) Instead, TSA criminal investigators in the Office of
        Inspection primarily monitor the results of criminal
        investigations conducted by other agencies, investigate
        administrative cases of TSA employee misconduct, and carry out
        inspections, covert tests, and internal reviews, which the DHS
        IG asserts could be performed by employees other than criminal
        investigators at a lower cost.
            (4) The premium pay and other benefits afforded to TSA
        criminal investigators in the Office of Inspection who are
        incorrectly classified as such will cost the taxpayer as much
        as $17,000,000 over 5 years if TSA fails to make any changes to
        the number of criminal investigators in the Office of
        Inspection, according to the DHS IG.
            (5) This may be a conservative estimate, as it accounts for
        the cost of Law Enforcement Availability Pay, but not the costs
        of law enforcement training, statutory early retirement
        benefits, police vehicles, and weapons.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administration.--The term ``Administration'' means the
        Transportation Security Administration.
            (2) Assistant secretary.--The term ``Assistant Secretary''
        means the Assistant Secretary of Homeland Security
        (Transportation Security) of the Department of Homeland
        Security.
            (3) Inspector general.--The term ``Inspector General''
        means the Inspector General of the Department of Homeland
        Security.

SEC. 4. INSPECTOR GENERAL REVIEW.

    (a) Review.--Not later than 60 days after the date of the enactment
of this Act, the Inspector General shall analyze the data and methods
that the Assistant Secretary uses to identify employees of the
Administration who meet the requirements of sections 8331(20),
8401(17), and 5545a of title 5, United States Code, and provide the
relevant findings to the Assistant Secretary, including a finding on
whether the data and methods are adequate and valid.
    (b) Prohibition on Hiring.--If the Inspector General finds that
such data and methods are inadequate or invalid, the Administration may
not hire any new employee to work in the Office of Inspection of the
Administration until--
            (1) the Assistant Secretary makes a certification described
        in section 5 to the Committee on Homeland Security of the House
        of Representatives and the Committee on Commerce, Science, and
        Transportation of the Senate; and
            (2) the Inspector General submits to such Committees a
        finding, not later than 30 days after the Assistant Secretary
        makes such certification, that the Assistant Secretary utilized
        adequate and valid data and methods to make such certification.

SEC. 5. TSA OFFICE OF INSPECTION WORKFORCE CERTIFICATION.

    (a) Certification to Congress.--The Assistant Secretary shall, by
not later than 90 days after the date the Inspector General provides
its findings to the Assistant Secretary under section 4(a), document
and certify in writing to the Committee on Homeland Security of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate that only those employees of the
Administration who meet the requirements of sections 8331(20),
8401(17), and 5545a of title 5, United States Code, are classified as
criminal investigators and are receiving premium pay and other benefits
associated with such classification.
    (b) Employee Reclassification.--The Assistant Secretary shall
reclassify criminal investigator positions in the Office of Inspection
as noncriminal investigator positions or non-law enforcement positions
if the individuals in those positions do not, or are not expected to,
spend an average of at least 50 percent of their time performing
criminal investigative duties.
    (c) Projected Cost Savings.--
            (1) In general.--The Assistant Secretary shall estimate the
        total long-term cost savings to the Federal Government
        resulting from the implementation of subsection (b), and
        provide such estimate to the Committee on Homeland Security of
        the House of Representatives and the Committee on Commerce,
        Science, and Transportation of the Senate by not later than 180
        days after the date of enactment of this Act.
            (2) Contents.--Such estimate shall identify savings
        associated with the positions reclassified under subsection (b)
        and include, among other factors the Assistant Secretary
        considers appropriate, savings from--
                    (A) law enforcement training;
                    (B) early retirement benefits;
                    (C) law enforcement availability pay; and
                    (D) weapons, vehicles, and communications devices.

SEC. 6. INVESTIGATION OF FEDERAL AIR MARSHAL SERVICE USE OF FEDERAL
              FIREARMS LICENSE.

    Not later than 90 days after the date of the enactment of this Act,
or as soon as practicable, the Assistant Secretary shall submit to the
Committee on Homeland Security of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate--
            (1) any materials in the possession or control of the
        Department of Homeland Security associated with the Office of
        Inspection's review of the use of a Federal firearms license by
        Federal Air Marshal Service officials to obtain discounted or
        free firearms for personal use; and
            (2) information on specific actions that will be taken to
        prevent Federal Air Marshal Service officials from using a
        Federal firearms license, or exploiting, in any way, the
        Service's relationships with private vendors to obtain
        discounted or free firearms for personal use.

            Passed the House of Representatives July 22, 2014.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Summary: This measure has not been amended since it was reported to the House on July 3, 2014. TSA Office of Inspection Accountability Act of 2014 - Directs the Inspector General of the Department of Homeland Security (DHS) to: (1) analyze the data and methods that the Assistant Secretary of Homeland Security uses to identify Transportation Security Administration (TSA) law enforcement officer and criminal investigators. And (2) provide relevant findings to the Assistant Secretary, including regarding whether the data and methods are adequate and valid. Prohibits TSA from hiring any new employee to work in its Office of Inspection if the Inspector General finds that such data and methods are inadequate or invalid, until: (1) the Assistant Secretary makes a certification to the House Committee on Homeland Security and the Senate Committee on Commerce, Science, and Transportation that only TSA employees who meet such requirements are classified as criminal investigators and are receiving premium pay and other benefits associated with such classification. And (2) the Inspector General submits a finding that the Assistant Secretary utilized adequate and valid data and methods to make such certification. Directs the Assistant Secretary to: (1) reclassify criminal investigator positions in the Office of Inspection as noncriminal investigator positions or non-law enforcement positions if the individuals in those positions do not, or are not expected to, spend an average of at least 50 of their time performing criminal investigative duties. And (2) estimate the total long-term cost savings to the federal government resulting from such reclassification and provide such estimate to such committees. Requires such estimate to identify savings associated with the positions reclassified, including savings from: law enforcement training, early retirement benefits, law enforcement availability pay, weapons, vehicles, and communications devices. Directs the Assistant Secretary to submit to such committees: (1) any materials in the possession or control of DHS associated with the Office of Inspection's review of the use of a federal firearms license by Federal Air Marshal Service officials to obtain discounted or free firearms for personal use. And (2) information on specific actions that will be taken to prevent Service officials from using a federal firearms license, or exploiting the Service's relationships with private vendors, to obtain discounted or free firearms for personal use.