SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rights of the Child Act of 1997''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) The United States is the only Western industrialized
        nation which has neither ratified nor become a party to the
        United Nations Convention on the Rights of the Child.
            (2) During the 1990's, the United States had the worst
        child poverty rate among Western industrialized nations: one-
        quarter of America's children lived in poverty.
            (3) One in 10 infants living in the United States has no
        routine source of health care.
            (4) Forty percent of children in the United States are at
        risk of school failure.
            (5) An estimated 1,800,000 teenagers were victims of
        violent crimes in the United States in the early 1990's.
            (6) 2,600,000 children were reported abused and neglected
        in 1991.
            (7) Approximately 144,000 babies will die in the United
        States, over the next 4 years, before their 1st birthday.

SEC. 3. SUBMISSION OF UNITED NATIONS CONVENTION ON THE RIGHTS OF THE
              CHILD.

    It is the sense of the Congress that the President should submit
and seek the advice and consent of the Senate by December 31, 1998, to
ratification of the Convention on the Rights of the Child, adopted by
the United Nations with the support of the United States on November
29, 1989, and signed by Madeleine Albright acting as United States
Delegate to the United Nations and on behalf of the United States
Government on February 16, 1995.

SEC. 4. CONSULTATION WITH THE STATES.

    Prior to the submission under section 3, the Attorney General of
the United States shall meet with the attorneys general of the States
and territories of the United States for the purpose of determining
their recommendations concerning any limitations in the form of
reservations, declarations, statements, and understandings that should
accompany a proposed resolution of ratification of the United Nations
Convention on the Rights of the Child.

SEC. 5. ESTABLISHMENT OF COMMISSION AND REPORT TO CONGRESS.

    (a) Establishment.--There is established an advisory commission
concerning the economic, social, cultural, political, and civil rights
of children.
    (b) Composition.--The commission shall be composed of 11 persons,
appointed as provided under subsection (c), with experience, expertise,
and concerns pertaining to the economic, social, cultural, political,
and civil rights of children as well as individuals who are parents or
legal guardians of children.
    (c) Appointment.--Not later than March 1, 1998, the commission of
shall be appointed as follows:
            (1) 5 persons appointed by the President.
            (2) 1 person appointed by the Speaker of the House of
        Representatives.
            (3) 1 person appointed by the majority leader of the House
        of Representatives.
            (4) 1 person appointed by the majority leader of the
        Senate.
            (5) 1 person appointed by the minority leader of the
        Senate.
            (6) 1 person appointed by the minority leader of the House
        of Representatives.
            (7) The Secretary of Health and Human Services (or a
        designee of the Secretary).
    (d) Chairperson.--The President shall designate a chairperson of
the commission.
    (e) Vacancies.--Vacancies in the commission shall be filled in the
same manner as the original appointment.
    (f) Compensation.--Members of the commission shall serve without
pay or other compensation.
    (g) Staff.--Such staff and administrative support as are necessary
and appropriate shall be made available to the commission on a non-
reimbursable basis by the Secretary of Health and Human Services.
    (h) Report.--Not later than September 1, 1998, the commission shall
submit to the Congress a report with any recommendations agreed to by a
majority of its members stipulating any limitations to the Convention
on the Rights of the Child that are advisable to facilitate
ratification.
    (i) Termination.--Ninety days after the submission of the report
under subsection (h) the commission shall cease to exist.

SEC. 6. INTERIM MEASURES IN SUPPORT OF INTERNATIONALLY-RECOGNIZED
              RIGHTS OF THE CHILD.

    (a) ILO.--In addition to such amounts as are otherwise authorized
to be appropriated, there are authorized to be appropriated $1,000,000
for each of the fiscal years 1998, 1999, 2000, 2001, and 2002 for a
United States contribution to the International Labor Organization for
the activities of the International Program on the Elimination of Child
Labor.
    (b) UNCHR.--In addition to such amounts as are otherwise authorized
to be appropriated, there are authorized to be appropriated $100,000
for each of the fiscal years 1998, 1999, 2000, 2001, and 2002 for a
United States contribution to the United Nations Commission on Human
Rights for programs relating to bonded child labor that are carried out
by the Subcommittee and Working Group on Contemporary Forms of Slavery.

SEC. 7. PROHIBITION ON IMPORTATION OF PRODUCTS MADE BY BONDED CHILD
              LABOR.

    (a) Prohibition.--No product manufactured or mined, in whole or in
part, by bonded child labor shall be imported into the United States.
    (b) Regulation.--The Secretary of the Treasury, in consulation with
the Secretary of Labor, shall prescribe such regulations are are
necessary and appropriate to carry out this section.
    (c) Definitions.--As used in this section the following terms have
the following meanings:
            (1) The term ``bonded child labor'' means work or service
        exacted from a child confined against the child's will, either
        in payment for the debts of a parent, relative, or guardian, or
        drawn under false pretext.
            (2) The term ``child'' means an individual who has not
        attained the age of 18 years.

SEC. 8. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT ALLOW CHILD
              PROSTITUTION AND SEXUAL EXPLOITATION OF CHILDREN.

    (a) Prohibition.--United States assistance may not be provided to
the government of a foreign country for a fiscal year unless the
President certifies to the Congress for such fiscal year that such
government has enacted, and is enforcing, laws against child
prostitution and the sexual exploitation of children.
    (b) Waiver.--The prohibition on foreign assistance under subsection
(a) shall not apply with respect to a foreign country if the President
determines and notifies the Congress that providing such assistance for
such country is in the national security interest of the United States.
    (c) Definition.--As used in this section, the term ``United States
assistance'' means assistance under the Foreign Assistance Act of 1961
(22 U.S.C. 2151 et seq.).
    (d) Effective Date.--The prohibition on foreign assistance under
subsection (a) shall apply with respect to fiscal year 1999 and
subsequent fiscal years.

Summary: Rights of the Child Act of 1997 - Expresses the sense of the Congress that the President should submit and seek the advice and consent of the Senate by December 31, 1998, to ratification of the Convention on the Rights of the Child. Directs the Attorney General, before such submission, to meet with the attorneys general of the States and US territories to determine their recommendations concerning any limitations that should accompany a proposed resolution of ratification of the U. N. Convention on the Rights of the Child. Establishes an advisory commission concerning the economic, social, cultural, political, and civil rights of children. Directs the commission to report to the Congress any recommendations agreed to by a majority of its members on any limitations to the Convention on the Rights of the Child advisable to facilitate ratification. Authorizes additional appropriations for US contributions to: (1) the International Labor Organization for the activities of the International Program on the Elimination of Child Labor. And (2) the U. N. Commission on Human Rights for programs relating to bonded child labor that are carried out by the Subcommittee and Working Group on Contemporary Forms of Slavery. Prohibits the importation into the United States of any product manufactured or mined, in whole or in part, by bonded child labor. Directs the Secretary of the Treasury to prescribe regulations to carry out this prohibition. Prohibits US assistance to the government of a foreign country for any fiscal year unless the President certifies to the Congress for such fiscal year that such government has enacted, and is enforcing, laws against child prostitution and the sexual exploitation of children. Authorizes waivers of such prohibition in the national security interest of the United States.

Rights of the Child Act of 1997


SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Acid Rain and
Mercury Control Act''.
    (b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title and table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Reduction of sulfur dioxide and nitrogen oxide emissions from
                            powerplants.
Sec. 4. Mercury emission reductions.
Sec. 5. Effect on other law.
Sec. 6. Protecting sensitive regional ecosystems.
Sec. 7. Authorization of appropriations.
Sec. 8. Modernization.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) reductions of atmospheric sulfur dioxide and nitrogen
        oxide from utility plants, in addition to the reductions
        required under the Clean Air Act (42 U.S.C. 7401 et seq.), are
        needed to reduce acid deposition and its serious adverse
        effects on public health, natural resources, building
        structures, sensitive ecosystems, and visibility;
            (2) sulfur dioxide and nitrogen oxide contribute to the
        development of fine particulates, suspected of causing human
        mortality and morbidity to a significant extent;
            (3) regional nitrogen oxide reductions of 75 percent in the
        Eastern United States, in addition to the reductions required
        under the Clean Air Act, may be necessary to protect sensitive
        watersheds from the effects of nitrogen deposition;
            (4) since the Clean Air Act Amendments of 1990 were
        enacted, some acidic lakes in the Adirondacks in the State of
        New York have started to slowly show chemical recovery from
        acid rain, demonstrating that sulfur dioxide and nitrogen oxide
        regulations can be implemented in a cost-effective manner, but
        the recovery is progressing at a slower rate than originally
        intended;
            (5) nitrogen oxide is highly mobile and can lead to ozone
        formation hundreds of miles from the emitting source;
            (6) on March 10, 2005, the Environmental Protection Agency
        (EPA) issued the Clean Air Interstate Rule (CAIR) to require
        additional reductions in sulfur dioxide and nitrogen oxide in
        28 Eastern States and the District of Columbia;
            (7) these reductions represent approximately a 70 percent
        reduction in sulfur dioxide and a 60 percent reduction in
        nitrogen oxide in the affected States;
            (8) on July 11, 2008, the United States Court of Appeals
        for the District of Columbia Circuit vacated CAIR and on
        December 23, 2008, the same court remanded the rule back to the
        EPA without vacature;
            (9) fossil fuel-fired electric generating units emit
        approximately \1/3\ of the total mercury emissions in the
        United States;
            (10) mercury is considered a neurotoxin which can
        bioaccumulate as it moves its way up the food chain and is
        especially harmful to young children and developing fetuses;
            (11) according to the EPA, there were 3,080 fish advisories
        for mercury in 2006; there are over 90 fish advisories for
        mercury in New York alone, with blanket warning for the
        Adirondack and Catskill Mountains;
            (12) on March 15, 2005, EPA issued the Clean Air Mercury
        Rule (CAMR), which for the first time sought to regulate
        mercury emissions from power plants, but used a less
        restrictive cap-and-trade approach for this very harmful
        substance and would take a full decade to implement;
            (13) on February 8, 2008, the United States Court of
        Appeals for the District of Columbia Circuit vacated CAMR; and
            (14) on February 23, 2009, the Supreme Court denied a
        request to reconsider the decision.
    (b) Purposes.--The purposes of this Act are--
            (1) to recognize the current scientific understanding that
        emissions of sulfur dioxide and nitrogen oxide, and the acid
        deposition resulting from emissions of sulfur dioxide and
        nitrogen oxide, present a substantial human health and
        environmental risk;
            (2) to require reductions in sulfur dioxide and nitrogen
        oxide emissions;
            (3) to support the efforts of existing acid rain and
        mercury monitoring programs located throughout the country;
            (4) to reduce utility emissions of nitrogen oxide by 75
        percent from 1997 levels;
            (5) to reduce utility emissions of sulfur dioxide by 75
        percent after the implementation of phase II sulfur dioxide
        requirements under section 405 of the Clean Air Act (42 U.S.C.
        7651d); and
            (6) to adopt a strict standard for mercury emissions by
        power plants of 0.6 pounds per trillion Btu without allowing
        for a cap-and-trade system.

SEC. 3. REDUCTION OF SULFUR DIOXIDE AND NITROGEN OXIDE EMISSIONS FROM
              POWERPLANTS.

    Part A of title I of the Clean Air Act (42 U.S.C. 7401 et seq.) is
amended by adding at the end the following:

``SEC. 132. REDUCTION OF SULFUR DIOXIDE AND NITROGEN OXIDE EMISSIONS
              FROM POWERPLANTS.

    ``(a) Emission Reduction Objectives.--The emission reduction
objectives of this section are to reduce, not later than January 1,
2012--
            ``(1) aggregate sulfur dioxide emissions from powerplants
        by 75 percent from the levels allowed under full implementation
        of the Phase II sulfur dioxide requirements under title IV
        (relating to acid deposition control); and
            ``(2) aggregate nitrogen oxide emissions from powerplants
        by 75 percent from 1997 levels.
    ``(b) Agency Action.--
            ``(1) Regulations.--
                    ``(A) In general.--Not later than 2 years after the
                date of enactment of this section, the Administrator
                shall promulgate regulations to achieve the emission
                reduction objectives specified in subsection (a).
                    ``(B) Elements.--The regulations promulgated under
                subparagraph (A)--
                            ``(i) shall achieve the objectives in a
                        manner that the Administrator determines will
                        allocate required emission reductions
                        equitably, taking into account emission
                        reductions achieved before the date of
                        enactment of this section and other relevant
                        factors;
                            ``(ii) may include market-oriented
                        mechanisms (such as emissions trading based on
                        generation performance standards, auctions, or
                        other allocation methods);
                            ``(iii) shall prevent localized adverse
                        effects on public health and the environment
                        and ensure that significant emission reductions
                        are achieved in both the Eastern and Western
                        regions of the United States; and
                            ``(iv) shall include, consistent with
                        achieving the objectives set forth in
                        subsection (a), incentives for renewable
                        energy.
            ``(2) Interagency coordination to minimize costs and
        maximize gains.--To minimize the economic costs and maximize
        the economic gains of achieving the emission reduction
        objectives specified in subsection (a), the Administrator shall
        coordinate with other departments and agencies of Federal and
        State government to increase energy efficiency, to increase the
        use of renewable energy, and to implement cost saving advanced
        demand and supply side policies, such as those described in the
        report prepared by the Interlaboratory Working Group of the
        Department of Energy entitled `Scenarios for a Clean Energy
        Future', dated November 2000.
    ``(c) Additional Reductions.--The regulations promulgated under
subsection (b) may require additional reductions in emissions from
powerplants if the Administrator determines that the emission levels
necessary to achieve the emission reduction objectives specified in
subsection (a) are not reasonably anticipated to protect public health
or welfare.
    ``(d) Modernization of Outdated Powerplants.--
            ``(1) In general.--On the later of the date that is 30
        years after a powerplant commenced operation or the date that
        is 5 years after the date of enactment of this section, it
        shall comply with--
                    ``(A) the most recent new source performance
                standards promulgated under section 111; and
                    ``(B) the requirements under parts C and D that are
                applicable to modified sources.
            ``(2) Additional requirements.--The requirements of this
        subsection shall be in addition to the requirements of the
        regulations promulgated under subsection (b).
    ``(e) Other Requirements.--The requirements of this section shall
be in addition to, and not in lieu of, any other requirement of this
Act.
    ``(f) Definition.--In this section, the term `powerplant' means an
electric generation facility with a nameplate capacity of 25 megawatts
or more that uses a combustion device to generate electricity for
sale.''.

SEC. 4. MERCURY EMISSION REDUCTIONS.

    The Clean Air Act (42 U.S.C. 7401 et seq.) is amended by adding at
the end the following:

                    ``TITLE VII--MERCURY REDUCTIONS

``Sec. 701. Definitions.
``Sec. 702. Mercury reduction program.
``Sec. 703. Prohibitions.

``SEC. 701. DEFINITIONS.

    ``In this title:
            ``(1) Affected unit.--The term `affected unit' means a
        coal-fired electric generating facility (including a
        cogeneration facility) that--
                    ``(A) has a nameplate capacity greater than 25
                megawatts; and
                    ``(B) generates electricity for sale.
            ``(2) Cogeneration facility.--The term `cogeneration
        facility' means a facility that--
                    ``(A) cogenerates--
                            ``(i) steam; and
                            ``(ii) electricity; and
                    ``(B) supplies, on a net annual basis, to any
                utility power distribution system for sale--
                            ``(i) more than \1/3\ of the potential
                        electric output capacity of the facility; and
                            ``(ii) more than 25 megawatts of electrical
                        output of the facility.

``SEC. 702. MERCURY REDUCTION PROGRAM.

    ``(a) New Unit Requirement.--Any affected unit that commences
operation after December 31, 2010, shall be considered a new unit for
the purposes of this section and shall not exceed the emission limit of
0.6 pounds mercury per trillion Btu (0.6 lb Hg/TBtu) upon commencement
of operation.
    ``(b) Existing Unit Requirement.--Any affected unit that commences
operation on or before December 31, 2010, shall not exceed the emission
limit of 0.6 pounds mercury per trillion Btu by January 1, 2013.
    ``(c) Monitoring System.--Not later than January 1, 2011, the
Administrator shall promulgate regulations requiring operation,
reporting and certification of continuous emissions monitoring systems
(CEMS) to accurately measure the quantity of mercury that is emitted
from each affected unit.
    ``(d) Excess Emissions.--
            ``(1) In general.--The owner or operator of an affected
        unit that emits mercury in excess of the emission limitation
        described in subsections (b) and (c) shall pay an excess
        emissions penalty determined under paragraph (2).
            ``(2) Determination of excess emissions penalty.--The
        excess emissions penalty shall be an amount equal to $10,000
        for each ounce of mercury emitted in excess of the emission
        limitations for mercury described in subsections (b) and (c).
    ``(e) Prevention of Mercury Re-Release.--Not later than January 1,
2011, the Administrator shall promulgate regulations to ensure that any
mercury captured or recovered by emission controls installed at an
affected unit is not re-released into the environment.

``SEC. 703. PROHIBITIONS.

    ``It shall be unlawful--
            ``(1) for the owner or operator of any electricity
        generating facility--
                    ``(A) to operate the electricity generating
                facility in noncompliance with the requirements of this
                title (including any regulations implementing this
                title);
                    ``(B) to fail to submit by the required date any
                emission allowances, or pay any penalty, for which the
                owner or operator is liable;
                    ``(C) to fail to provide and comply with any plan
                to offset excess emissions; or
                    ``(D) to emit mercury in excess of the emission
                limitations established under section 702; or
            ``(2) for any person to hold, use, or transfer any emission
        allowance allocated under this title except in accordance with
        regulations promulgated by the Administrator.''.

SEC. 5. EFFECT ON OTHER LAW.

    Nothing in this Act--
            (1) affects the ability of a State to take State actions to
        further limit sulfur dioxide, nitrogen oxide, or mercury; and
            (2) except as expressly provided in this Act--
                    (A) modifies or otherwise affects any requirement
                of this Act in effect on the day before the date of
                enactment of this Act; or
                    (B) relieves any person of the responsibility to
                comply with this Act.

SEC. 6. PROTECTING SENSITIVE REGIONAL ECOSYSTEMS.

    (a) Report.--
            (1) In general.--Not later than December 31, 2012, the
        Administrator shall submit to Congress a report identifying
        objectives for scientifically credible environmental
        indicators, as determined by the Administrator of the
        Environmental Protection Agency, that are sufficient to protect
        and restore sensitive ecosystems of the Adirondack Mountains,
        mid-Appalachian Mountains, Catskill Mountains, Rocky Mountains,
        and Southern Blue Ridge Mountains and water bodies of the Great
        Lakes, Lake Champlain, Long Island Sound, the Chesapeake Bay
        and other sensitive ecosystems, as determined by the
        Administrator.
            (2) Updated report.--Not later than December 31, 2021, the
        Administrator shall submit to Congress a report updating the
        report under paragraph (1) and assessing the status and trends
        of various environmental objectives and indicators for the
        sensitive regional ecosystems referred to in paragraph (1).
            (3) Reports under the national acid precipitation
        assessment program.--The reports under this subsection shall be
        subject to the requirements applicable to a report under
        section 103(j)(3)(E) of the Clean Air Act (42 U.S.C.
        7403(j)(3)(E)).
    (b) Regulations.--
            (1) Determination.--Not later than December 31, 2019, the
        Administrator shall determine whether emission reductions under
        title VII of the Clean Air Act are sufficient to ensure
        achievement of the objectives stated in subsection (a)(1).
            (2) Promulgation.--If the Administrator determines under
        paragraph (1) that emission reductions under title VII of the
        Clean Air Act are not sufficient to ensure achievement of the
        objectives identified in subsection (a)(1), the Administrator
        shall promulgate, not later than 2 years after making the
        finding, such regulations, including modification of sulfur
        dioxide and nitrogen oxide allowance allocations or any such
        measure, as the Administrator determines are necessary to
        protect the sensitive ecosystems described in subsection
        (a)(1).

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    In addition to amounts made available under any other law, there
are authorized to be appropriated for each of fiscal years 2010 through
2020--
            (1) for operational support of the National Atmospheric
        Deposition Program National Trends Network--
                    (A) $2,000,000 to the United States Geological
                Survey;
                    (B) $600,000 to the Environmental Protection
                Agency;
                    (C) $600,000 to the National Park Service; and
                    (D) $400,000 to the Forest Service;
            (2) for operational support of the National Atmospheric
        Deposition Program Mercury Deposition Network--
                    (A) $400,000 to the Environmental Protection
                Agency;
                    (B) $400,000 to the United States Geological
                Survey;
                    (C) $100,000 to the National Oceanic and
                Atmospheric Administration; and
                    (D) $100,000 to the National Park Service;
            (3) for the National Atmospheric Deposition Program
        Atmospheric Integrated Research Monitoring Network $1,500,000
        to the National Oceanic and Atmospheric Administration;
            (4) for the Clean Air Status and Trends Network $5,000,000
        to the Environmental Protection Agency; and
            (5) for the Temporally Integrated Monitoring of Ecosystems
        and Long-Term Monitoring Program $2,500,000 to the
        Environmental Protection Agency.

SEC. 8. MODERNIZATION.

    (a) Authorization of Appropriations.--In addition to amounts made
available under any other law, there are authorized to be
appropriated--
            (1) for equipment and site modernization of the National
        Atmospheric Deposition Program National Trends Network
        $6,000,000 to the Environmental Protection Agency;
            (2) for equipment and site modernization and network
        expansion of the National Atmospheric Deposition Program
        Mercury Deposition Network $2,000,000 to the Environmental
        Protection Agency;
            (3) for equipment and site modernization and network
        expansion of the National Atmospheric Deposition Program
        Atmospheric Integrated Research Monitoring Network $1,000,000
        to the National Oceanic and Atmospheric Administration; and
            (4) for equipment and site modernization and network
        expansion of the Clean Air Status and Trends Network $4,600,000
        to the Environmental Protection Agency.
    (b) Availability of Amounts.--Each of the amounts appropriated
under subsection (a) shall remain available until expended.

Summary: Acid Rain and Mercury Control Act - Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency (EPA) to promulgate regulations to reduce specified amounts of aggregate sulfur dioxide emissions and nitrogen oxide emissions from power plants by January 1, 2012. Authorizes the regulations to include market-oriented mechanisms. Requires the Administrator to coordinate with federal and state governments to increase energy efficiency, to increase the use of renewable energy, and to implement cost saving advanced demand and supply side policies. Requires a power plant, by the later of the date that is 30 years after it commenced operation or the date that is five years after this Act's enactment, to comply with the specified new source performance standards and specified requirements applicable to modified sources under the Clean Air Act. Considers affected units that commence operation after December 31, 2010, to be new units. Prohibits such units from exceeding the mercury emission limit of 0.6 pounds mercury per trillion Btu upon commencement of operation. Prohibits affected units that commence operation on or before December 31, 2010, from exceeding such limit by January 1, 2013. Sets forth penalties for excess emissions. Requires the Administrator to ensure that mercury captured or recovered by emission controls installed at affected units is not re-released into the environment. Prohibits owners or operators of electricity generating facilities from: (1) operating such facilities in noncompliance with the requirements of this Act. (2) failing to submit allowances or penalties or to provide and comply with any plan to offset excess emissions. And (3) emitting mercury in excess of the emission limitations. Prohibits any person from holding, using, or transferring emission allowances allocated under such Act that are not in accordance with regulations promulgated by the Administrator. Declares that nothing in this Act affects the ability of states to take actions to further limit sulfur dioxide, nitrogen oxide, or mercury. Directs the Administrator to promulgate regulations to protect specified sensitive ecosystems if the emissions reductions under title VII of the Clean Air Act are not sufficient to ensure the protection and restoration of such ecosystems.

To amend the Clean Air Act to reduce sulfur dioxide, nitrogen oxide, and mercury emissions, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``College Research Education and
Teacher Excellence (CREATE) Opportunity Act of 2012''.

    TITLE I--RESEARCH CREDIT MADE PERMANENT AND OTHER MODIFICATIONS

SEC. 101. RESEARCH CREDIT MADE PERMANENT AND OTHER MODIFICATIONS.

    (a) Credit Made Permanent.--
            (1) In general.--Section 41 of the Internal Revenue Code of
        1986 is amended by striking subsection (h).
            (2) Conforming amendment.--Paragraph (1) of section 45C(b)
        of such Code is amended by striking subparagraph (D).
    (b) Increased Percentage of Contract Research Expenses Paid to
Colleges and Universities.--Paragraph (3) of section 41(b) of such Code
is amended by adding at the end the following new subparagraph:
                    ``(E) Amounts paid to colleges and universities.--
                In the case of amounts paid for qualified research by
                the taxpayer to an institution of higher education (as
                defined in section 3304(f))--
                            ``(i) subparagraph (A) shall be applied by
                        substituting `100 percent' for `65 percent',
                        and
                            ``(ii) subparagraphs (C) and (D) shall not
                        apply.''.
    (c) Research in Social Sciences Included in Qualified Research.--
Subparagraph (G) of section 41(d)(6) of such Code is amended--
            (1) by striking ``social sciences, arts,'' in the text and
        inserting ``arts'', and
            (2) by striking ``Social sciences, etc'' in the heading and
        inserting ``Arts and humanities''.
    (d) Effective Date.--The amendment made by subsection (a) shall
apply to amounts paid or incurred after December 31, 2011.

                    TITLE II--YEAR-ROUND PELL GRANTS

SEC. 201. AMENDMENTS.

    Section 401(b) of the Higher Education Act of 1965 (20 U.S.C.
1070a(b)) is amended--
            (1) by redesignating paragraphs (5) through (7) as
        paragraphs (6) through (8), respectively; and
            (2) by inserting after paragraph (4), the following new
        paragraph:
            ``(5)(A) In the case of a student attending a junior or
        community college (as defined in section 312(f)), the Secretary
        shall award the student not more than two Federal Pell Grants
        during a single award year to permit such student to accelerate
        the student's progress toward a degree or certificate if the
        student is enrolled--
                    ``(i) on at least a half-time basis for a period of
                more than one academic year, or more than two semesters
                or an equivalent period of time, during a single award
                year; and
                    ``(ii) in a program of instruction at the junior or
                community college for which the college awards an
                associate degree or a certificate.
            ``(B) In the case of a student receiving more than one
        Federal Pell Grant in a single award year under subparagraph
        (A), the total amount of Federal Pell Grants awarded to such
        student for the award year may exceed the maximum basic grant
        level specified in the appropriate appropriations Act for such
        award year.''.

SEC. 202. CONFORMING CHANGE.

    Section 401(b)(2)(A)(ii) of the Higher Education Act of 1965 (20
U.S.C. 1070a(b)(2)(A)(ii)) is amended by striking ``paragraph (7)(B)''
and inserting ``paragraph (8)(B)''.

SEC. 203. EFFECTIVE DATE.

    The amendments made by section 201 shall be effective for award
year 2013-2014 and each succeeding award year.

            TITLE III--AMENDMENTS TO THE TEACH GRANT PROGRAM

SEC. 301. AMENDMENTS.

    Section 420N of the Higher Education Act of 1965 (20 U.S.C. 1070g-
2) is amended--
            (1) by amending subsection (b)(2) to read as follows:
            ``(2) in the event that the applicant is determined to have
        failed or refused to comply with all or part of such service
        obligation, at least a portion of the amount of any TEACH
        Grants received by such applicant will be treated as a loan and
        collected from the applicant in accordance with subsection (c)
        and the regulations thereunder; and''.
            (2) by amending subsection (c) to read as follows:
    ``(c) Repayment for Inability To Complete Service.--In the event
that a recipient of a grant under this subpart fails or refuses to
comply with all or part of the recipient's service obligation in the
agreement under subsection (b) and is not excused from fulfilling that
portion of the service obligation under subsection (d)(2), the sum of
the amounts of any TEACH Grants received by such recipient shall, upon
a determination of such a failure or refusal in such service
obligation, be treated as a Federal Direct Unsubsidized Stafford Loan
under part D of title IV, and shall be subject to repayment, together
with interest thereon accruing from the date of the grant award, but
only in proportion to the degree to which the recipient fails or
refuses to comply with such service obligation and in accordance with
terms and conditions specified by the Secretary in regulations under
this subpart.''.

SEC. 302. EFFECTIVE DATE.

    The amendments made by section 301 shall apply to TEACH grants
awarded for academic year 2013-2014 and each succeeding academic year.

Summary: College Research Education and Teacher Excellence (CREATE) Opportunity Act of 2012 - Amends the Internal Revenue Code to make the research tax credit permanent. Makes 100 of a taxpayer's expenditures for qualified research at an institution of higher education eligible for the research tax credit. Considers research in the social sciences to be qualified research, eligible for the research tax credit. Amends title IV of the Higher Education Act of 1965 to allow the Secretary of Education to award a student two Pell Grants during a single award year if the student is enrolled in an associate degree or certificate program at a junior or community college on at least a half-time basis for the equivalent of more than one academic year during the Pell Grant award year. Treats a Teacher Education Assistance for College and Higher Education (TEACH) Grant as a Direct Unsubsidized Stafford Loan only in proportion to the extent to which its recipient fails to comply with the Grant's service obligation.

To amend the Internal Revenue Code of 1986 to encourage research at community colleges and other institutions of higher education, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``SCORE for Small Business Act of
2012''.

SEC. 2. SCORE REAUTHORIZATION.

    (a) In General.--Section 20 of the Small Business Act (15 U.S.C.
631 note) is amended--
            (1) by redesignating subsection (j) as subsection (f); and
            (2) by adding at the end the following:
    ``(g) SCORE Program.--There are authorized to be appropriated to
the Administrator to carry out the SCORE program authorized by section
8(b)(1) such sums as are necessary for the Administrator to make grants
or enter into cooperative agreements in a total amount that does not
exceed--
            ``(1) $13,000,000 in fiscal year 2013;
            ``(2) $15,000,000 in fiscal year 2014; and
            ``(3) $17,000,000 in fiscal year 2015.''.

SEC. 3. SCORE PROGRAM.

    Section 8 of the Small Business Act (15 U.S.C. 637) is amended--
            (1) in subsection (b)(1)(B), by striking `` a Service Corps
        of Retired Executives (SCORE)'' and inserting ``the SCORE
        program described in subsection (c)''; and
            (2) by striking subsection (c) and inserting the following:
    ``(c) SCORE Program.--
            ``(1) Definition.--In this subsection, the term `SCORE
        program' means the SCORE program authorized by subsection
        (b)(1)(B).
            ``(2) Volunteers.--
                    ``(A) In general.--A volunteer participating in the
                SCORE program shall--
                            ``(i) based on the business experience and
                        knowledge of the volunteer--
                                    ``(I) provide at no cost to
                                individuals who own, or aspire to own,
                                small business concerns personal
                                counseling, mentoring, and coaching
                                relating to the process of starting,
                                expanding, managing, buying, and
                                selling a business; and
                                    ``(II) facilitate low-cost
                                education workshops for individuals who
                                own, or aspire to own, small business
                                concerns; and
                            ``(ii) as appropriate, use tools,
                        resources, and expertise of other organizations
                        to carry out the SCORE program.
                    ``(B) Orientation.--The Administrator, in
                consultation with the SCORE Association, shall ensure
                that each volunteer participating in the SCORE program
                is adequately oriented and trained in the areas and
                disciplines necessary to ensure successful, outcome-
                oriented client interactions relating to the services
                provided by the SCORE program.
            ``(3) Plans and goals.--
                    ``(A) Outreach.--The Administrator, in consultation
                with the SCORE Association, shall ensure that the SCORE
                program and each chapter of the SCORE program develop
                and implement plans and goals for outreach to
                individuals in rural, ethnically diverse, minority, and
                underserved communities, including a plan to recruit
                more diverse counselors.
                    ``(B) Service.--The Administrator, in consultation
                with the SCORE Association, shall ensure that the SCORE
                program and each chapter of the SCORE program develop
                and implement plans and goals to more effectively and
                efficiently provide services to individuals in rural
                areas, economically disadvantaged communities, and
                other traditionally underserved communities, including
                plans for electronic initiatives, web-based
                initiatives, chapter expansion, partnerships, and the
                development of new skills by volunteers participating
                in the SCORE program.
            ``(4) Annual report.--The SCORE Association shall submit to
        the Administrator an annual report that contains--
                    ``(A) the number of individuals counseled or
                trained under the SCORE program;
                    ``(B) the number of hours of counseling provided
                under the SCORE program; and
                    ``(C) to the extent possible--
                            ``(i) the number of small business concerns
                        formed with assistance from the SCORE program;
                            ``(ii) the number of small business
                        concerns expanded with assistance from the
                        SCORE program; and
                            ``(iii) the number of jobs created with
                        assistance from the SCORE program.
            ``(5) Privacy requirements.--
                    ``(A) In general.--Neither the Administrator nor
                the SCORE Association may disclose the name, address,
                or telephone number of any individual or small business
                concern receiving assistance from the SCORE Association
                without the consent of such individual or small
                business concern, unless--
                            ``(i) the Administrator is ordered to make
                        such a disclosure by a court in any civil or
                        criminal enforcement action initiated by a
                        Federal or State agency; or
                            ``(ii) the Administrator determines such a
                        disclosure to be necessary for the purpose of
                        conducting a financial audit of the SCORE
                        program, in which case disclosure shall be
                        limited to the information necessary for the
                        audit.
                    ``(B) Administrator use of information.--This
                subsection shall not--
                            ``(i) restrict the access of the
                        Administrator to program activity data; or
                            ``(ii) prevent the Administrator from using
                        client information to conduct client surveys.
                    ``(C) Regulations.--
                            ``(i) In general.--The Administrator shall
                        issue regulations to establish standards for--
                                    ``(I) disclosures with respect to
                                financial audits under paragraph
                                (1)(B); and
                                    ``(II) conducting client surveys,
                                including standards for oversight of
                                the surveys and for dissemination and
                                use of client information.
                            ``(ii) Maximum privacy protection.--The
                        regulations issued under this paragraph shall,
                        to the extent practicable, provide for the
                        maximum amount of privacy protection.
                            ``(iii) Inspector general.--Until the
                        effective date of the regulations issued under
                        this paragraph, any client survey and the use
                        of any client information shall be approved by
                        the Inspector General of the Administration,
                        who shall include any such approval in the
                        semi-annual report of the Inspector General.''.

SEC. 4. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Small Business Act.--The Small Business Act (15 U.S.C. 631 et
seq.) is amended--
            (1) in section 7(m)(3)(A)(i)(VIII) (15 U.S.C.
        636(m)(3)(A)(i)(VIII)), by striking ``Service Corps of Retired
        Executives'' and inserting ``SCORE program''; and
            (2) in section 33(b)(2) (15 U.S.C. 657c(b)(2)), by striking
        ``Service Corps of Retired Executives'' and inserting ``SCORE
        program''.
    (b) Other Laws.--Section 621 of the Children's Health Insurance
Program Reauthorization Act of 2009 (15 U.S.C. 657p) is amended--
            (1) in subsection (a), by striking paragraph (4) and
        inserting the following:
            ``(4) the term `SCORE program' means the SCORE program
        authorized by section 8(b)(1)(B) of the Small Business Act (15
        U.S.C. 637(b)(1)(B));''; and
            (2) in subsection (b)(4)(A)(iv), by striking ``Service
        Corps of Retired Executives'' and inserting ``SCORE program''.

Summary: SCORE for Small Business Act of 2012 - Amends the Small Business Act to reauthorize for FY2013-FY2015 the SCORE program . Requires the Administrator of the Small Business Administration (SBA) to ensure that SCORE volunteers are adequately oriented and trained in areas and disciplines necessary to ensure successful, outcome-oriented interactions relating to services provided by the SCORE program. Directs the Administrator to ensure that the SCORE program and each SCORE chapter develop and implement plans and goals: (1) for outreach to individuals in rural, ethnically diverse, minority, and underserved communities. And (2) to more effectively and efficiently provide services to individuals in such communities. Requires the SCORE Association to report annually to the Administrator on SCORE counseling and training, as well as on the number of small businesses created or expanded with SCORE assistance. Outlines privacy requirements of the Administrator and the SCORE Association with respect to the disclosure of information concerning businesses assisted under the SCORE program.

A bill to strengthen resources for entrepreneurs by improving the SCORE program, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Southern Sea Otter Recovery and
Research Act''.

SEC. 2. SOUTHERN SEA OTTER RECOVERY AND RESEARCH PROGRAM.

    (a) In General.--The Secretary of the Interior, acting through the
United States Fish and Wildlife Service and the United States
Geological Survey, shall carry out a recovery and research program for
southern sea otter populations along the coast of California, informed
by the prioritized research recommendations of the Final Revised
Recovery Plan for the southern sea otter (Enhydra lutris nereis)
published by the United States Fish and Wildlife Service and dated
February 24, 2003, the Research Plan for California Sea Otter Recovery
issued by the United States Fish and Wildlife Service Southern Sea
Otter Recovery Implementation Team and dated March 2, 2007, and any
other recovery, research, or conservation plan adopted by the United
States Fish and Wildlife Service after the date of enactment of this
Act in accordance with otherwise applicable law. The Recovery and
Research Program shall include the following:
            (1) Monitoring, analysis, and assessment of southern sea
        otter population demographics, health, causes of mortality, and
        life history parameters, including range-wide population
        surveys.
            (2) Development and implementation of measures to reduce or
        eliminate potential factors limiting southern sea otter
        populations that are related to marine ecosystem health or
        human activities.
    (b) Reappointment of Recovery Implementation Team.--Not later than
one year after the date of enactment of this Act, the Secretary shall
appoint persons to a southern sea otter recovery implementation team as
authorized under section 4(f)(2) of the Endangered Species Act of 1973
(16 U.S.C. 1533(f)(2)).
    (c) Southern Sea Otter Research and Recovery Grants.--
            (1) Grant authority.--The Secretary shall establish a peer-
        reviewed, merit-based process to award competitive grants for
        research regarding southern sea otters and for projects
        assisting the recovery of southern sea otter populations.
            (2) Peer review panel.--The Secretary shall establish as
        necessary a peer review panel to provide scientific advice and
        guidance to prioritize proposals for grants under this
        subsection.
            (3) Research grant subjects.--Research funded with grants
        under this subsection shall be in accordance with the research
        recommendations of any plan referred to in subsection (a), and
        may include the following topics:
                    (A) Causes of sea otter mortality.
                    (B) Southern sea otter demographics and natural
                history.
                    (C) Effects and sources of pollutants, nutrients,
                and toxicants on southern sea otters and sequestration
                of contaminants.
                    (D) Effects and sources of infectious diseases and
                parasites affecting southern sea otters.
                    (E) Limitations on the availability of food
                resources for southern sea otters and the impacts of
                food limitation on southern sea otter carrying
                capacity.
                    (F) Interactions between southern sea otters and
                coastal fisheries and other human activities in the
                marine environment.
                    (G) Assessment of the keystone ecological role of
                sea otters in southern and central California's coastal
                marine ecosystems, including both the direct and
                indirect effects of sea otter predation, especially as
                these effects influence human welfare, resource
                utilization, and ecosystem services.
                    (H) Assessment of the adequacy of emergency
                response and contingency plans.
            (4) Recovery project subjects.--Recovery projects funded
        with grants under this subsection shall be conducted in
        accordance with recovery recommendations of any plan referred
        to in subsection (a), and may include projects to--
                    (A) protect and recover southern sea otters;
                    (B) reduce, mitigate, or eliminate potential
                factors limiting southern sea otter populations that
                are related to human activities, including projects
                to--
                            (i) reduce, mitigate, or eliminate factors
                        contributing to mortality, adversely affecting
                        health, or restricting distribution and
                        abundance; and
                            (ii) reduce, mitigate, or eliminate factors
                        that harm or reduce the quality of southern sea
                        otter habitat or the health of coastal marine
                        ecosystems; and
                    (C) implement emergency response and contingency
                plans.
    (d) Report.--The Secretary shall--
            (1) within 12 months after the date of enactment of this
        Act, report to Congress on--
                    (A) the status of southern sea otter populations;
                    (B) implementation of the Recovery and Research
                Program and the grant program; and
                    (C) any relevant formal consultations conducted
                under section 7 of the Endangered Species Act of 1973
                (16 U.S.C. 1536) with respect to the southern sea
                otter; and
            (2) within 24 months after the date of enactment of this
        Act and every 5 years thereafter, and in consultation with a
        southern sea otter recovery implementation team (if any) that
        is otherwise being utilized by the Secretary under section 4(f)
        of the Endangered Species Act of 1973 (16 U.S.C. 1533(f)),
        report to Congress and the public on--
                    (A) an evaluation of southern sea otter health,
                causes of southern sea otter mortality, and the
                interactions of southern sea otters with California's
                coastal marine ecosystems;
                    (B) an evaluation of actions taken to improve
                southern sea otter health, reduce southern sea otter
                mortality, and improve southern sea otter habitat;
                    (C) recommendation for actions, pursuant to current
                law, to improve southern sea otter health, reduce the
                occurrence of human-related mortality, and improve the
                health of such coastal marine ecosystems; and
                    (D) recommendations for funding to carry out this
                Act.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Recovery and research program.--The term ``Recovery and
        Research Program'' means the recovery and research program
        under section 2(a).
            (2) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior, acting through the United States Fish and
        Wildlife Service and the United States Geological Survey.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to the
Secretary to carry out this Act $5,000,000 for each of fiscal years
2010 through 2015 of which--
            (1) no less than 30 percent shall be for research grants
        under section 2(c)(3); and
            (2) no less than 30 percent shall be for recovery projects
        under section 2(c)(4).
    (b) Administrative Expenses.--Of amounts available each fiscal year
to carry out this Act, the Secretary may expend not more than 7 percent
to pay the administrative expenses necessary to carry out this Act.

SEC. 5. TERMINATION.

    This Act shall have no force or effect on and after the date the
Secretary (as that term is used in section 4(c)(2) of the Endangered
Species Act of 1973 (16 U.S.C. 1533(c)(2)) publishes a determination
that the southern sea otter should be removed from the lists published
under section 4(c) of the Endangered Species Act of 1973 (16 U.S.C.
1533(c)).

            Passed the House of Representatives July 28, 2009.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.

Summary: Southern Sea Otter Recovery and Research Act - Requires the Secretary of the Interior, acting through the United States Fish and Wildlife Service (USFWS) and the United States Geological Survey (USGS), to carry out a Recovery and Research Program for southern sea otter populations along the coast of California that includes: (1) monitoring, analysis, and assessment of population demographics, health, mortality, and life history parameters. And (2) implementation of measures to reduce or eliminate potential factors limiting populations that are related to marine ecosystem health or human activities. Requires the Secretary to: (1) appoint persons to a southern sea otter recovery implementation team as authorized under the Endangered Species Act of 1973 within a year. (2) establish a peer-reviewed, merit-based process to award competitive grants for research regarding such otters and for projects assisting the recovery of otter populations. And (3) establish a peer review panel to provide scientific advice and guidance to prioritize proposals for grants. Authorizes research grant topics to include: (1) causes of sea otter mortality, (2) southern sea otter demographics and natural history. (3) effects and sources of pollutants, nutrients, and toxicants on such otters and sequestration of contaminants. (4) effects and sources of infectious diseases and parasites affecting such otters. (5) limitations on the availability of food resources for such otters and the impacts of food limitation on southern sea otter carrying capacity. (6) interactions between southern sea otters and coastal fisheries and other human activities in the marine environment. (7) assessment of the keystone ecological role of sea otters in southern and central California's coastal marine ecosystems. And (8) assessment of the adequacy of emergency response and contingency plans. Authorizes funded recovery projects to include projects to: (1) protect and recover southern sea otters. (2) reduce, mitigate, or eliminate potential factors limiting southern sea otter populations that are related to human activities. And (3) implement emergency response and contingency plans. Requires the Secretary, within 12 months, to report to Congress on: (1) the status of southern sea otter populations, (2) implementation of the research and grant programs. And (3) endangered species consultations regarding southern sea otters. Requires the Secretary, within 24 months and every five years thereafter, to report to Congress and the public on: (1) an evaluation of southern sea otter health, causes of southern sea otter mortality, and the interactions of southern sea otters with California's coastal marine ecosystems. (2) an evaluation of actions taken to improve otter health, reduce mortality, and improve southern sea otter habitat. (3) recommendation for actions to improve otter health, reduce the occurrence of human-related mortality, and improve the health of such coastal marine ecosystems. And (4) recommendations for funding to implement this Act. Authorizes appropriations for each of FY2010-FY2015. Terminates this Act on the date the Secretary publishes a determination that the southern sea otter should be removed from the endangered species and threatened species lists.

To establish a program of research, recovery, and other activities to provide for the recovery of the southern sea otter.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Emergency Unemployment Compensation
Amendments of 1993''.

SEC. 2. EXTENSION OF EMERGENCY UNEMPLOYMENT COMPENSATION PROGRAM.

    (a) General Rule.--Sections 102(f)(1) and 106(a)(2) of the
Emergency Unemployment Compensation Act of 1991 (Public Law 102-164, as
amended) are each amended by striking ``March 6, 1993'' and inserting
``October 2, 1993''.
    (b) Modification to Final Phase-Out.--Paragraph (2) of section
102(f) of such Act is amended--
            (1) by striking ``March 6, 1993'' and inserting ``October
        2, 1993'', and
            (2) by striking ``June 19, 1993'' and inserting ``January
        15, 1994''.
    (c) Conforming Amendment.--Paragraph (1) of section 101(e) of such
Act is amended by striking ``March 6, 1993'' each place it appears and
inserting ``October 2, 1993''.
    (d) Effective Date.--The amendments made by this section shall
apply to weeks beginning after
March 6, 1993.

SEC. 3. TREATMENT OF RAILROAD WORKERS.

    (a) Extension of Program.--
            (1) In general.--Paragraphs (1) and (2) of section 501(b)
        of the Emergency Unemployment Compensation Act of 1991 (Public
        Law 102-164, as amended) are each amended by striking ``March
        6, 1993'' and inserting ``October 2, 1993''.
            (2) Conforming amendment.--Section 501(a) of such Act is
        amended by striking ``March 1993'' and inserting ``October
        1993''.
    (b) Termination of Benefits.--Section 501(e) of such Act is
amended--
            (1) by striking ``March 6, 1993'' and inserting ``October
        2, 1993'', and
            (2) by striking ``June 19, 1993'' and inserting ``January
        15, 1994''.
    (c) Effective Date.--The amendments made by this section shall
apply to weeks beginning after
March 6, 1993.

SEC. 4. PROFILING OF NEW CLAIMANTS.

    (a) General Rule.--The Secretary of Labor shall establish a program
for encouraging the adoption and implementation by all States of a
system of profiling all new claimants for regular unemployment
compensation (including new claimants under each State unemployment
compensation law which is approved under the Federal Unemployment Tax
Act (26 U.S.C. 3301-3311) and new claimants under Federal unemployment
benefit and allowance programs administered by the State under
agreements with the Secretary of Labor), to determine which claimants
may be likely to exhaust regular unemployment compensation and may need
reemployment assistance services to make a successful transition to new
employment.
    (b) Technical Assistance to States.--The Secretary of Labor shall
provide technical assistance and advice to the States in the
development of model profiling systems and the procedures for such
systems. Such technical assistance and advice shall be provided by the
utilization of such resources as the -s-e-c-r-e-t-a-r-y Secretary deems
appropriate, and the procedures for such profiling systems shall
include the effective utilization of automated data processing.
    (c) Funding of Activities.--For purposes of encouraging the
development and establishment of model profiling systems in the States,
the Secretary of Labor shall provide to each State, from funds
available for this purpose, such funds as may be determined by the
Secretary to be necessary.
    (d) Report to Congress.--Within 30 months after the date of the
enactment of this Act, the Secretary of Labor shall report to the
Congress on the operation and effectiveness of the profiling systems
adopted by the States, and the Secretary's recommendation for
continuation of the systems and any appropriate legislation.
    (e) State.--For purposes of this section, the term ``State'' has
the meaning given such term by section 3306(j)(1) of the Internal
Revenue Code of 1986.
    (f) Effective Date.--The provisions of this section shall take
effect on the date of the enactment of this Act.

-S-E-C-. -5-. -A-U-T-H-O-R-I-Z-A-T-I-O-N -O-F
              -A-P-P-R-O-P-R-I-A-T-I-O-N-S-.

    -T-h-e-r-e -a-r-e -a-u-t-h-o-r-i-z-e-d -t-o -b-e
-a-p-p-r-o-p-r-i-a-t-e-d -f-o-r -n-o-n-r-e-p-a-y-a-b-l-e
-a-d-v-a-n-c-e-s -t-o -t-h-e -a-c-c-o-u-n-t -f-o-r -`-`-A-d-v-a-n-c-e-s
-t-o -t-h-e -U-n-e-m-p-l-o-y-m-e-n-t -T-r-u-s-t -F-u-n-d -a-n-d
-O-t-h-e-r -F-u-n-d-s-'-' -i-n -t-h-e -D-e-p-a-r-t-m-e-n-t -o-f
-L-a-b-o-r -a-p-p-r-o-p-r-i-a-t-i-o-n-s -A-c-t-s -(-f-o-r
-t-r-a-n-s-f-e-r -t-o -t-h-e -`-`-e-x-t-e-n-d-e-d
-u-n-e-m-p-l-o-y-m-e-n-t -c-o-m-p-e-n-s-a-t-i-o-n -a-c-c-o-u-n-t-'-'
-e-s-t-a-b-l-i-s-h-e-d -b-y -s-e-c-t-i-o-n -9-0-5 -o-f -t-h-e
-S-o-c-i-a-l -S-e-c-u-r-i-t-y -A-c-t-) -s-u-c-h -s-u-m-s -a-s -m-a-y
-b-e -n-e-c-e-s-s-a-r-y -t-o -c-a-r-r-y -o-u-t -t-h-e -p-u-r-p-o-s-e-s
-o-f -t-h-e -a-m-e-n-d-m-e-n-t-s -m-a-d-e -b-y -s-e-c-t-i-o-n -2
-t-h-i-s -A-c-t-.

SEC. 5. FINANCING PROVISIONS.

    (a)  Authorization.--There are authorized to be appropriated for
nonrepayable advances to the account for ``Advances to the Unemployment
Trust Fund and Other Funds'' in Department of Labor Appropriations Acts
(for transfer to the ``extended unemployment compensation account''
established by section 905 of the Social Security Act) such sums as may
be necessary to make payments to the States to carry out the purposes
of the amendments made by section 2 of this Act.
    (b) Use of Advance Account Funds.--The funds appropriated to the
account for ``Advances to the Unemployment Trust Fund and Other Funds''
in the Department of Labor Appropriation Act for Fiscal Year 1993
(Public Law 102-394) are authorized to be used to make payments to the
States to carry out the purposes of the amendments made by section 2 of
this Act.

SEC. 6. EMERGENCY DESIGNATION.

    Pursuant to sections 251(b)(2)(D)(i) and 252(e) of the Balanced
Budget and Emergency Deficit Control Act of 1985, the Congress hereby
designates all direct spending amounts provided by this Act (for all
fiscal years) and all appropriations authorized by this Act (for all
fiscal years) as emergency requirements within the meaning of part C of
the Balanced Budget and Emergency Deficit Control Act of 1985.

Summary: Emergency Unemployment Compensation Amendments of 1993 - Amends the Emergency Unemployment Compensation Act of 1991 to extend the authorization for new claims for benefits under the emergency unemployment compensation (EUC) program to October 2, 1993 . Modifies the final phase-out period for continuation of claims to end it on January 15, 1994 . Provides for a similar extension of the program of temporary extended railroad unemployment insurance benefits . Directs the Secretary of Labor to establish a program to encourage all States to adopt and implement a system for profiling all new claimants for regular unemployment compensation, to determine which claimants may be likely to exhaust such compensation and need reemployment assistance services. Requires provision of such technical assistance, advice, and funding to States for model profiling systems as the Secretary deems appropriate and necessary. Requires the Secretary to report, with recommendations, to the Congress on such systems within 30 months after enactment of this Act. Authorizes appropriations and the use of advance account funds to carry out the extension of the EUC program. Designates all direct spending amounts provided and all appropriations authorized by this Act as emergency requirements for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 . Eliminates a cost of living adjustment relating to the pay for Members of Congress for 1994.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Native American Commercial Driving
Training and Technical Assistance Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) despite the availability of abundant natural resources
        on land under the jurisdiction of Indian tribes and the
        existence of a rich cultural legacy that accords great value to
        self-determination, self-reliance, and independence, Native
        Americans suffer higher rates of unemployment, poverty, poor
        health, substandard housing, and associated social problems
        than any other group in the United States;
            (2) the United States has an obligation to assist Native
        American communities in the establishment of appropriate
        economic and political conditions;
            (3) the economic success and material well-being of Indian
        communities depend on the combined efforts of the Federal
        Government, tribal governments, the private sector, and
        individuals;
            (4) commercial vehicle driving programs are currently
        offered at several tribal colleges and universities;
            (5) the American Trucking Association reports that at least
        until 2005, the trucking industry will need to hire 403,000
        truck drivers each year to fill vacant positions;
            (6) according to the Federal Government Occupational
        Handbook, the commercial vehicle driving industry is expected
        to expand at the average rate of expansion for all occupations
        through the year 2008 because of economic growth and an
        increase in the quantity of freight carried by trucks; and
            (7) a career in commercial vehicle driving offers a
        competitive salary, employment benefits, job security, and a
        profession.
    (b) Purposes.--The purposes of this Act are--
            (1) to foster and promote job creation and economic
        opportunities for Native Americans; and
            (2) to provide education, technical, and training
        assistance to Native Americans who are interested in commercial
        vehicle driving careers.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Commercial vehicle driving.--The term ``commercial
        vehicle driving'' means the driving of--
                    (A) a vehicle that is a tractor-trailer truck; or
                    (B) any other vehicle (such as a bus or a vehicle
                used for the purpose of construction) the driving of
                which requires a commercial license.
            (2) Indian tribe.--The term ``Indian tribe'' has the
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (3) Native american.--The term ``Native American'' means an
        individual who is a member of--
                    (A) an Indian tribe; or
                    (B) any people or culture that is indigenous to the
                United States, as determined by the Secretary.
            (4) Secretary.--The term ``Secretary'' means the Secretary
        of Labor.

SEC. 4. COMMERCIAL VEHICLE DRIVING TRAINING PROGRAM.

    (a) Grants.--The Secretary may provide grants, on a competitive
basis, to entities described in subsection (b) to support programs
providing training and certificates leading to the licensing of Native
Americans with respect to commercial vehicle driving.
    (b) Eligibility.--To be eligible to receive a grant under
subsection (a), an entity shall--
            (1) be a tribal college or university (as defined in
        section 316(b)(3) of the Higher Education Act (20 U.S.C.
        1059(b)(3)); and
            (2) prepare and submit to the Secretary an application at
        such time, in such manner, and containing such information as
        the Secretary may require.
    (c) Priority.--In providing grants under subsection (a), the
Secretary shall give priority to grant applications that--
            (1) propose training that exceeds proposed minimum
        standards for training tractor-trailer drivers of the
        Department of Transportation;
            (2) propose training that exceeds the entry level truck
        driver certification standards set by the Professional Truck
        Driver Institute; and
            (3) propose an education partnership with a private
        trucking firm, trucking association, or similar entity in order
        to ensure the effectiveness of the grant program under this
        section.
    (d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this Act.

            Passed the Senate September 17, 2002.

            Attest:

                                                             Secretary.
107th CONGRESS

  2d Session

                                S. 1344

_______________________________________________________________________

                                 AN ACT

 To provide training and technical assistance to Native Americans who
         are interested in commercial vehicle driving careers.

Summary: Native American Commercial Driving Training and Technical Assistance Act - Authorizes the Secretary of Labor to award grants to eligible entities to support commercial vehicle driving training programs. Requires the Secretary to give priority to grant applications that propose: (1) training that exceeds proposed minimum standards for training tractor-trailer drivers of the Department of Transportation. (2) training that exceeds the entry level truck driver certification standards set by the Professional Truck Driver Institute. And (3) education partnerships with private trucking firms, trucking associations, or similar entities. Authorizes appropriations.

A bill to provide training and technical assistance to Native Americans who are interested in commercial vehicle driving careers.


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Medicare Safety
Net Access Act of 2002''.
    (b) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Supplemental reimbursement for Federally qualified health
                            centers participating in medicare managed
                            care.
Sec. 3. Revision of Federally qualified health center payment limits.
Sec. 4. Coverage of additional Federally qualified health center
                            services.
Sec. 5. Providing safe harbor for certain collaborative efforts that
                            benefit medically underserved populations.

SEC. 2. SUPPLEMENTAL REIMBURSEMENT FOR FEDERALLY QUALIFIED HEALTH
              CENTERS PARTICIPATING IN MEDICARE MANAGED CARE.

    (a) Supplemental Reimbursement.--
            (1) In general.--Section 1833(a)(3) of the Social Security
        Act (42 U.S.C. 1395l(a)(3)) is amended to read as follows:
            ``(3) in the case of services described in section
        1832(a)(2)(D)--
                    ``(A) except as provided in subparagraph (B), the
                costs which are reasonable and related to the cost of
                furnishing such services or which are based on such
                other tests of reasonableness as the Secretary may
                prescribe in regulations, including those authorized
                under section 1861(v)(1)(A), less the amount a provider
                may charge as described in clause (ii) of section
                1866(a)(2)(A), but in no case may the payment for such
                services (other than for items and services described
                in section 1861(s)(10)(A)) exceed 80 percent of such
                costs; or
                    ``(B) with respect to the services described in
                clause (ii) of section 1832(a)(2)(D) that are furnished
                to an individual enrolled with a Medicare+Choice
                organization under part C pursuant to a written
                agreement described in section 1853(j), the amount by
                which--
                            ``(i) the amount of payment that would have
                        otherwise been provided under subparagraph (A)
                        (calculated as if `100 percent' were
                        substituted for `80 percent' in such
                        subparagraph) for such services if the
                        individual had not been so enrolled; exceeds
                            ``(ii) the amount of the payments received
                        under such written agreement for such services
                        (not including any financial incentives
                        provided for in such agreement such as risk
                        pool payments, bonuses, or withholds),
                less the amount the Federally qualified health center
                may charge as described in section 1857(e)(3)(C);''.
    (b) Continuation of Medicare+Choice Monthly Payments.--
            (1) In general.--Section 1853 of the Social Security Act
        (42 U.S.C. 1395w-23) is amended by adding at the end the
        following new subsection:
    ``(j) Special Payment Rule for Federally Qualified Health Center
Services.--If an individual who is enrolled with a Medicare+Choice
organization under this part receives a service from a Federally
qualified health center that has a written agreement with such
organization for providing such a service (including any agreement
required under section 1857(e)(3))--
            ``(1) the Secretary shall pay the amount determined under
        section 1833(a)(3)(B) directly to the Federally qualified
        health center not less frequently than quarterly; and
            ``(2) the Secretary shall not reduce the amount of the
        monthly payments to the Medicare+Choice organization made under
        section 1853(a) as a result of the application of paragraph
        (1).''.
            (2) Conforming amendments.--
                    (A) Paragraphs (1) and (2) of section 1851(i) of
                the Social Security Act (42 U.S.C. 1395w-21(i)(1)) are
                each amended by inserting ``1853(j),'' after
                ``1853(h),''.
                    (B) Section 1853(c)(5) is amended by striking
                ``subsections (a)(3)(C)(iii) and (i)'' and inserting
                ``subsections (a)(3)(C)(iii), (i), and (j)(1)''.
    (c) Additional Medicare+Choice Contract Requirements.--Section
1857(e) of the Social Security Act (42 U.S.C. 1395w-27(e)) is amended
by adding at the end the following new paragraph:
            ``(3) Agreements with federally qualified health centers.--
                    ``(A) Ensuring equal access to services of fqhcs.--
                A contract under this part shall require the
                Medicare+Choice organization to enter into (and to
                demonstrate to the Secretary that it has entered into)
                a sufficient number of written agreements with
                Federally qualified health centers providing Federally
                qualified health center services for which payment may
                be made under this title in the service area of each
                Medicare+Choice plan offered by such organization so
                that such services are reasonably available to
                individuals enrolled in the plan.
                    ``(B) Ensuring equal payment levels and amounts.--A
                contract under this part shall require the
                Medicare+Choice organization to provide a level and
                amount of payment to each Federally qualified health
                center for services provided by such health center that
                are covered under the written agreement described in
                subparagraph (A) that is not less than the level and
                amount of payment that the organization would make for
                such services if the services had been furnished by a
                provider of services that was not a Federally qualified
                health center.
                    ``(C) Cost-sharing.--Under the written agreement
                described in subparagraph (A), a Federally qualified
                health center must accept the Medicare+Choice contract
                price plus the Federal payment as payment in full for
                services covered by the contract, except that such a
                health center may collect any amount of cost-sharing
                permitted under the contract under this part, so long
                as the amounts of any deductible, coinsurance, or
                copayment comply with the requirements under section
                1854(e) and do not result in a total payment to the
                center in excess of the amount determined under section
                1833(a)(3)(A) (calculated as if `100 percent' were
                substituted for `80 percent' in such section).''.
    (d) Safe Harbor From Antikickback Prohibition.--Section 1128B(b)(3)
of the Social Security Act (42 U.S.C. 1320a-7b(b)(3)) is amended--
            (1) in subparagraph (E), by striking ``and'' after the
        semicolon at the end;
            (2) in subparagraph (F), by striking the period at the end
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(G) any remuneration between a Federally
                qualified health center (or an entity controlled by
                such a health center) and a Medicare+Choice
                organization pursuant to the written agreement
                described in section 1853(j).''.
    (e) Effective Date.--The amendments made by this section shall
apply to services provided on or after January 1, 2003, and contract
years beginning on or after such date.

SEC. 3. REVISION OF FEDERALLY QUALIFIED HEALTH CENTER PAYMENT LIMITS.

    (a) Per Visit Payment Requirements for FQHCs.--Section
1833(a)(3)(A) of the Social Security Act (42 U.S.C. 1395l(a)(3)(A)), as
amended by section 2(a), is amended by adding ``(which regulations may
not limit the per visit payment amount, or a component of such amount,
for services described in section 1832(a)(2)(D)(ii))'' after ``the
Secretary may prescribe in regulations''.
    (b) Effective Date.--The amendment made by subsection (a) shall
apply to services provided on or after January 1, 2003.

SEC. 4. COVERAGE OF ADDITIONAL FEDERALLY QUALIFIED HEALTH CENTER
              SERVICES.

    (a) Coverage for FQHC Ambulatory Services.--Section 1861(aa)(3) of
the Social Security Act (42 U.S.C. 1395x(aa)(3)) is amended to read as
follows:
    ``(3) The term `Federally qualified health center services' means--
            ``(A) services of the type described in subparagraphs (A)
        through (C) of paragraph (1), and such other services furnished
        by a Federally qualified health center for which payment may
        otherwise be made under this title if such services were
        furnished by a health care provider or health care professional
        other than a Federally qualified health center; and
            ``(B) preventive primary health services that a center is
        required to provide under section 330 of the Public Health
        Service Act,
when furnished to an individual as a patient of a Federally qualified
health center.''.
    (b) Offsite FQHC Services.--
            (1) Patients of hospitals and critical access hospitals.--
        Section 1862(a)(14) of the Social Security Act (42 U.S.C.
        1395y(a)) is amended by inserting ``Federally qualified health
        center services,'' after ``qualified psychologist services,''.
            (2) Exclusion of federally qualified health center services
        from the pps for skilled nursing facilities.--Section 1888(e)
        of the Social Security Act (42 U.S.C. 1395yy(e)) is amended--
                    (A) in paragraph (2)(A)(i)(II), by striking
                ``clauses (ii) and (iii)'' and inserting ``clauses (ii)
                through (iv)''; and
                    (B) by adding at the end of paragraph (2)(A) the
                following new clause:
                            ``(iv) Exclusion of federally qualified
                        health center services.--Services described in
                        this clause are Federally qualified health
                        center services (as defined in section
                        1861(aa)(3)).''.
    (c) Technical Corrections.--
            (1) Section 1861(aa)(1)(B) of the Social Security Act (42
        U.S.C. 1395x(aa)(1)(B)) is amended by striking ``subsection
        (hh)(1)),,'' and inserting ``subsection (hh)(1)),''.
            (2) Clauses (i) and (ii)(II) of section 1861(aa)(4)(A) of
        the Social Security Act (42 U.S.C. 1395x(aa)(4)(A)) are each
        amended by striking ``(other than subsection (h))''.
    (d) Effective Dates.--The amendments made--
            (1) by subsections (a) and (b) shall apply to services
        furnished on or after January 1, 2003; and
            (2) by subsection (c) shall take effect on the date of
        enactment of this Act.

SEC. 5. PROVIDING SAFE HARBOR FOR CERTAIN COLLABORATIVE EFFORTS THAT
              BENEFIT MEDICALLY UNDERSERVED POPULATIONS.

    (a) In General.--Section 1128B(b)(3) of the Social Security Act (42
U.S.C. 1320a-7(b)(3)), as amended by section 2(d), is amended--
            (1) in subparagraph (F), by striking ``and'' after the
        semicolon at the end;
            (2) in subparagraph (G), by striking the period at the end
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(H) any remuneration between a public or
                nonprofit private health center entity described under
                clauses (i) and (ii) of section 1905(l)(2)(B) and any
                individual or entity providing goods, items, services,
                donations or loans, or a combination thereof, to such
                health center entity pursuant to a contract, lease,
                grant, loan, or other agreement, if such agreement
                produces a community benefit that will be used by the
                health center entity to maintain or increase the
                availability or accessibility, or enhance the quality,
                of services provided to a medically underserved
                population served by the health center entity.''.
    (b) Rulemaking for Exception for Health Center Entity
Arrangements.--
            (1) Establishment.--
                    (A) In general.--The Secretary of Health and Human
                Services (in this subsection referred to as the
                ``Secretary'') shall establish, on an expedited basis,
                standards relating to the exception for health center
                entity arrangements to the antikickback penalties
                described in section 1128B(b)(3)(F) of the Social
                Security Act, as added by subsection (a).
                    (B) Factors to consider.--In establishing standards
                relating to the exception for health center entity
                arrangements under subparagraph (A), the Secretary--
                            (i) shall extend the exception where the
                        arrangement between the health center entity
                        and the other party--
                                    (I) results in savings of Federal
                                grant funds or increased revenues to
                                the health center entity;
                                    (II) does not limit or restrict a
                                patient's freedom of choice; and
                                    (III) does not interfere with a
                                health care professional's independent
                                medical judgment regarding medically
                                appropriate treatment; and
                            (ii) may include other standards and
                        criteria that are consistent with the intent of
                        Congress in enacting the exception established
                        under this subsection.
            (2) Interim final effect.--No later than 60 days after the
        date of enactment of this Act, the Secretary shall publish a
        rule in the Federal Register consistent with the factors under
        paragraph (1)(B). Such rule shall be effective and final
        immediately on an interim basis, subject to change and revision
        after public notice and opportunity (for a period of not more
        than 60 days) for public comment, provided that any change or
        revision shall be consistent with this subsection.

Summary: Medicare Safety Net Access Act of 2002 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to revise the payment for certain Federally qualified health center (FQHC) services furnished to an individual enrolled with a MedicareChoice organization under Medicare part C (MedicareChoice), allowing for supplemental reimbursement, among other changes. Amends MedicareChoice to add additional MedicareChoice contract requirements. Amends SSA title XI with respect to criminal penalties for acts involving Federal health care programs, particularly illegal remunerations (kickbacks). Exempts from the prohibition against such remunerations any remuneration: (1) between a FQHC and a MedicareChoice organization pursuant to a specified written agreement. And (2) between a certain kind of public or nonprofit private health center entity and any individual or entity providing goods, items, services, donations, loans, or a combination, to such health center entity pursuant to an agreement, if such agreement produces a community benefit that will be used by the health center entity to maintain or increase the availability or accessibility, or enhance the quality, of services provided to a medically underserved population served by the health center entity. Amends Medicare to provide for coverage of additional FQHC services. Directs the Secretary of Health and Human Services to establish standards relating to the exception for health center entity arrangements to specified anti-kickback penalties.

A bill to amend title XVIII of the Social Security Act to enhance the access of medicare beneficiaries who live in medically underserved areas to critical primary and preventive health care benefits, to improve the Medicare+Choice program, and for other purposes.