FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Suborbital and Orbital Advancement and Regulatory Streamlining Act'' or the ``SOARS Act''. SEC. 2. COMMERCIAL SPACE LAUNCH LICENSING. Chapter 509 of title 51, United States Code, is amended-- (1) by amending section 50902(6)(A) to read as follows: ``(A) activities involved in the preparation of a launch vehicle or element thereof, payload, crew (including crew training), or space flight participant (including space flight participant training) for launch; and''; (2) by amending section 50904(d) to read as follows: ``(d) Single License or Permit.--The Secretary of Transportation-- ``(1) shall ensure that only 1 license or permit is required from the Department of Transportation to conduct activities involving crew or space flight participants, including launch and reentry; ``(2) may authorize by license or permit flight of a launch or reentry vehicle, or element thereof, in support of a launch or reentry, even when the vehicle or element is not being launched or reentered; and ``(3) shall ensure that all Department of Transportation regulations relevant to the licensed or permitted activity are satisfied under a single license or permit.''; and (3) in section 50906-- (A) in subsection (e), by striking ``suborbital rocket design'' and inserting ``suborbital rocket or rocket design''; and (B) by amending subsection (g) to read as follows: ``(g) A permit may be issued, and a permit that has already been issued shall remain valid for the uses described in subsection (d), for a particular reusable suborbital rocket or rocket design after a license has been issued for the launch or reentry of a rocket of that design.''. SEC. 3. DEMONSTRATION PROJECT. (a) Establishment.--The Secretary of Transportation shall establish and implement, under the Office of Commercial Space Transportation, a demonstration project under chapter 509 of title 51, United States Code, to evaluate the benefits of using experimental aircraft for both the direct and indirect support of commercial space launch and reentry activities. (b) Duration and Scope.-- (1) Duration.--Beginning not later than 90 days after the date of enactment of this Act, the Secretary of Transportation shall conduct the demonstration project for a period of not less than 3 years. (2) Scope.-- (A) In general.--The Secretary of Transportation shall enroll not less than 8 commercial businesses involved in direct and indirect support of commercial space launch activities, with at least 1 business designated for each Department of Transportation- licensed commercial space launch facility. (B) Types of activities.--Such commercial space launch support activities may include revenue-producing activities and the use of former military aircraft or vehicles designated as experimental by the Department of Transportation. (C) Redeployment.--After a period of 6 months from the beginning of the demonstration program, the Secretary of Transportation shall determine if there are any Department of Transportation-licensed launch facilities that do not have a commercial company participating with them in the demonstration project and shall redeploy that demonstration allocation to any other licensed launch facilities that are interested in expanding their participation to a second (or more) demonstration project company. (3) Liability coverage.--During the period of the demonstration program, liability of participating commercial businesses for damages resulting from participation in the demonstration program shall be limited to actual losses incurred. (4) Payment.--There will be no fees charged by the Department of Transportation to either licensed launch facilities or commercial businesses participating in this demonstration project. (5) Waiver authority.--The Secretary of Transportation may waive such requirements or limitations of chapter 509 of title 51, United States Code, as may be necessary to carry out the demonstration project. (6) Study and report to congress.-- (A) Interim evaluation and report.--No sooner than 1 year and not later than 2 years after the date of enactment of this Act, the Secretary of Transportation shall submit to Congress a report that contains an interim evaluation of the positive and negative impact of the demonstration project on the United States commercial space transportation industry, any planned changes to the demonstration project, and an initial assessment of whether the duration of the demonstration project should be extended. (B) Further evaluation and report.--Not later than 6 months after the date of completion of the demonstration project or 2 years after the most recent prior report, the Secretary of Transportation shall submit to Congress a report that contains the following: (i) An updated evaluation of the impact of the demonstration project on the United States commercial space transportation industry. (ii) An analysis of the benefits and costs of continuing, restarting, expanding, or making permanent the demonstration project, including any proposed changes to the project. (iii) The Secretary's recommendation regarding continuing, restarting, expanding, or making permanent the demonstration project, based on the analysis under clause (ii). (iv) Options for Congress to provide any additional legislative or regulatory authority which may be required to implement clause (iii). (7) Temporary extensions.--If, at any time after the first two years of the demonstration project, the Secretary's most recent report to Congress has stated that the demonstration project is succeeding in advancing the purposes of chapter 509 of title 51, United States Code, and that the duration of the demonstration project should be extended, then the Secretary is authorized to extend the project for a period of up to two years per extension, without restriction, effective 30 days after written notification to the Congress of the extension. (c) Definitions.--In this section: (1) Demonstration project.--The term ``demonstration project'' means the demonstration project conducted under this section. (2) Indirect support of commercial space launch activities.--The term ``indirect support of commercial space launch activities'' shall include pilot, crew, and passenger evaluation, preparation, and training, payload testing and preparation, and any other activities deemed necessary by the commercial space launch company participating in the demonstration project to prepare for, or execute, a commercial suborbital or orbital launch.

Suborbital and Orbital Advancement and Regulatory Streamlining Act or SOARS Act - Amends commercial space launch licensing requirements. Revises the definition of "launch services" to include activities involved in the preparation of a launch vehicle (as under current law) or element thereof, including space flight participant training for a launch. Authorizes the Secretary of Transportation (DOT) to issue a single license or permit for flight of a launch or reentry vehicle, or element thereof, in support of a launch or reentry, even when the vehicle or element is not being launched or reentered. Requires the Secretary to ensure that all DOT regulations for a licensed or permitted launch or reentry are satisfied under a single license or permit. Authorizes the issuance of an experimental permit for a particular reusable suborbital rocket (as under current law) or rocket design after a license has been issued for the launch or reentry of a rocket of that design. Declares that any permits already issued shall remain valid for research and development (R&D) and other specified purposes. Directs the Secretary to establish, under the Office of Commercial Space Transportation of the Federal Aviation Administration (FAA), a demonstration project to evaluate the benefits of using experimental aircraft for both the direct and indirect support of commercial space launch and reentry activities.

SOARS Act

SECTION 1. CAPITAL GAINS AND DIVIDENDS RATE MADE PERMANENT. The Jobs and Growth Tax Relief Reconciliation Act of 2003 is amended by striking section 303. SEC. 2. ESTATE TAX RELIEF AND REFORM AFTER 2009. (a) Restoration of Unified Credit Against Gift Tax.--Paragraph (1) of section 2505(a) of the Internal Revenue Code of 1986 (relating to general rule for unified credit against gift tax), after the application of subsection (f), is amended by striking ``(determined as if the applicable exclusion amount were $1,000,000)''. (b) Exclusion Equivalent of Unified Credit Equal to $3,500,000.-- Subsection (c) of section 2010 of the Internal Revenue Code of 1986 (relating to unified credit against estate tax) is amended to read as follows: ``(c) Applicable Credit Amount.-- ``(1) In general.--For purposes of this section, the applicable credit amount is the amount of the tentative tax which would be determined under section 2001(c) if the amount with respect to which such tentative tax is to be computed were equal to the applicable exclusion amount. ``(2) Applicable exclusion amount.-- ``(A) In general.--For purposes of this subsection, the applicable exclusion amount is $3,500,000. ``(B) Inflation adjustment.--In the case of any decedent dying in a calendar year after 2009, the $3,500,000 amount in subparagraph (A) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting `calendar year 2008' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000.''. (c) Flat Estate and Gift Tax Rates.-- (1) In general.--Subsection (c) of section 2001 of the Internal Revenue Code of 1986 (relating to imposition and rate of tax) is amended to read as follows: ``(c) Tentative Tax.--The tentative tax is 15 percent of the amount with respect to which the tentative tax is to be computed.''. (2) Conforming amendments.-- (A) Paragraphs (1) and (2) of section 2102(b) of such Code are amended to read as follows: ``(1) In general.--A credit in an amount that would be determined under section 2010 as the applicable credit amount if the applicable exclusion amount were $60,000 shall be allowed against the tax imposed by section 2101. ``(2) Residents of possessions of the united states.--In the case of a decedent who is considered to be a `nonresident not a citizen of the United States' under section 2209, the credit allowed under this subsection shall not be less than the proportion of the amount that would be determined under section 2010 as the applicable credit amount if the applicable exclusion amount were $175,000 which the value of that part of the decedent's gross estate which at the time of the decedent's death is situated in the United States bears to the value of the decedent's entire gross estate, wherever situated.''. (B) Section 2502(a) of such Code (relating to computation of tax), after the application of subsection (f), is amended by adding at the end the following flush sentence: ``In computing the tentative tax under section 2001(c) for purposes of this subsection, `the last day of the calendar year in which the gift was made' shall be substituted for `the date of the decedent's death' each place it appears in such section.''. (d) Modifications of Estate and Gift Taxes To Reflect Differences in Unified Credit Resulting From Different Tax Rates.-- (1) Estate tax.-- (A) In general.--Section 2001(b)(2) of the Internal Revenue Code of 1986 (relating to computation of tax) is amended by striking ``if the provisions of subsection (c) (as in effect at the decedent's death)'' and inserting ``if the modifications described in subsection (g)''. (B) Modifications.--Section 2001 of such Code is amended by adding at the end the following new subsection: ``(g) Modifications to Gift Tax Payable To Reflect Different Tax Rates.--For purposes of applying subsection (b)(2) with respect to 1 or more gifts, the rates of tax under subsection (c) in effect at the decedent's death shall, in lieu of the rates of tax in effect at the time of such gifts, be used both to compute-- ``(1) the tax imposed by chapter 12 with respect to such gifts, and ``(2) the credit allowed against such tax under section 2505, including in computing-- ``(A) the applicable credit amount under section 2505(a)(1), and ``(B) the sum of the amounts allowed as a credit for all preceding periods under section 2505(a)(2). For purposes of paragraph (2)(A), the applicable credit amount for any calendar year before 1998 is the amount which would be determined under section 2010(c) if the applicable exclusion amount were the dollar amount under section 6018(a)(1) for such year.''. (2) Gift tax.--Section 2505(a) of such Code (relating to unified credit against gift tax) is amended by adding at the end the following new flush sentence: ``For purposes of applying paragraph (2) for any calendar year, the rates of tax in effect under section 2502(a)(2) for such calendar year shall, in lieu of the rates of tax in effect for preceding calendar periods, be used in determining the amounts allowable as a credit under this section for all preceding calendar periods.''. (e) Effective Date.--The amendments made by this section shall apply to estates of decedents dying, generation-skipping transfers, and gifts made, after December 31, 2009. (f) Additional Modifications to Estate Tax.-- (1) In general.--The following provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001, and the amendments made by such provisions, are hereby repealed: (A) Subtitles A and E of title V. (B) Subsection (d), and so much of subsection (f)(3) as relates to subsection (d), of section 511. (C) Paragraph (2) of subsection (b), and paragraph (2) of subsection (e), of section 521. The Internal Revenue Code of 1986 shall be applied as if such provisions and amendments had never been enacted. (2) Sunset not to apply to title v of egtrra.--Section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 shall not apply to title V of such Act. (3) Repeal of deadwood.-- (A) Sections 2011, 2057, and 2604 of the Internal Revenue Code of 1986 are hereby repealed. (B) The table of sections for part II of subchapter A of chapter 11 of such Code is amended by striking the item relating to section 2011. (C) The table of sections for part IV of subchapter A of chapter 11 of such Code is amended by striking the item relating to section 2057. (D) The table of sections for subchapter A of chapter 13 of such Code is amended by striking the item relating to section 2604.

Makes permanent the tax rate reductions for dividends and capital gains enacted by the Jobs and Growth Tax Relief Reconciliation Act of 2003. Amends the Internal Revenue Code to: (1) restore the unified credit against the estate and gift tax after 2009; (2) establish the amount of such credit at $3.5 million; and (3) provide for a single 15% estate and gift tax rate.

A bill to amend the Internal Revenue Code of 1986 to make the capital gains and dividends rate permanent and to provide estate tax relief and reform, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Holocaust Rail Justice Act''. SEC. 2. CONGRESSIONAL FINDINGS. Congress finds as follows: (1) During World War II, more than 75,000 Jews and thousands of other persons were deported from France to Nazi concentration camps, on trains operated for profit by the Societe Nationale des Chemins de fer Francais (in this Act referred to as ``SNCF''), including deportations to Auschwitz and Buchenwald. Numerous citizens and residents of the United States were among those who were on the trains or had relatives on the trains. United States servicemen who were pilots shot down over France were also among the persons deported on the SNCF trains to Nazi concentration camps. (2) United States citizens and others have sought redress against SNCF by filing a class action suit in the United States District Court for the Eastern District of New York. The named plaintiffs and class members include United States Army Air Force pilots and United States citizens. (3) The complaint filed alleges that SNCF, a separate corporate entity that remained independent during World War II, operated the deportation trains for a profit, as ordinary commercial transactions. SNCF remained under French civilian control throughout World War II and is alleged to have collaborated willingly with the German Nazi regime. (4) The complaint alleges that SNCF provided the necessary rolling stock, scheduled the departures, and supplied the employees to operate the trains bound for the concentration camps. SNCF allegedly charged an ordinary passenger coach fare for the deportations, calculated per person and per kilometer, and considered these trains as ordinary commercial activities. The plaintiffs further contend that SNCF herded as many people as possible into each car, requiring passengers of all ages and sexes, including the elderly and young children, to stand throughout the trip of several days' duration, with no provision for food or water and no sanitary facilities. The complaint further alleges that SNCF cleaned the trains after each trip, removing the corpses of persons who perished during transit due to the execrable conditions of the train cars. The destination was in each case a camp in which the deportees were to be exterminated, worked to death, or made to suffer terrible and inhuman conditions. (5) The complaint contends that SNCF's actions violated the Principles of the Nuremberg Tribunal, 1950, relating to crimes under international law (earlier recognized by the Martens Clause of the Hague Convention IV of 1907), and aided and abetted the commission of war crimes and crimes against humanity. SNCF has not denied its actions and has never disgorged the money that it was paid for the deportations or otherwise compensated the deportees or their heirs. (6) SNCF's records concerning the deportation trains have not been made available to the plaintiffs, and SNCF archives concerning its wartime activities are not accessible to the general public. (7) SNCF moved to dismiss the lawsuit on a claim of sovereign immunity under the foreign sovereign immunities provisions of title 28, United States Code (28 U.S.C. 1330 and 1602 et seq.), even though it is one of the 500 largest corporations in the world, earns hundreds of millions of dollars from its commercial activities in the United States, and is not accorded sovereign immunity under the laws of France. SNCF's motion to dismiss the lawsuit was granted by the United States District Court for the Eastern District of New York. Plaintiffs appealed the decision, their appeal was granted, and the case was remanded for further proceedings. Subsequently, in light of Republic of Austria v. Altmann, 541 U.S. 677 (2004), in November 2004, on remand, the Court of Appeals for the Second Circuit recalled its prior mandate and determined that SNCF was entitled to immunity and affirmed the dismissal of the complaint. The Second Circuit stated that ``the railroad's conduct at the time lives on in infamy'' but concluded that ``the evil actions of the French national railroad's former private masters in knowingly transporting thousands to death camps during World War II are not susceptible to legal redress in Federal court today.''. (8) This lawsuit, which arises from the unique historical facts of the deportation of persons to Nazi concentration camps, presents issues of substantial importance to citizens and veterans of the United States. Many of those who have sought redress against SNCF are elderly and would have difficulty traveling outside the United States in order to pursue their claims elsewhere. The courts of the United States are and should be a proper forum for this lawsuit. The Foreign Sovereign Immunities Act of 1976, which had not been enacted at the time of SNCF's actions during World War II, was not intended to bar suit against the SNCF. SEC. 3. ACCESS TO UNITED STATES COURTS FOR HOLOCAUST DEPORTEES. (a) Jurisdiction of District Courts.--The United States district courts shall have original jurisdiction, without regard to the amount in controversy, of any civil action for damages for personal injury or death that-- (1) arose from the deportation of persons to Nazi concentration camps during the period beginning on January 1, 1942, and ending on December 31, 1944; and (2) is brought by any such person, or any heir or survivor of such person, against a railroad that-- (A) owned or operated the trains on which the persons were so deported; and (B) was organized as a separate legal entity at the time of the deportation, whether or not any of the equity interest in the railroad was owned by a foreign state. (b) Other Laws Not Applicable.--Sections 1330 and 1601 through 1611 of title 28, United States Code, or any other law limiting the jurisdiction of the United States courts, whether by statute or under common law, shall not preclude any action under subsection (a). (c) Inapplicability of Statutes of Limitation.--An action described in subsection (a) shall not be barred by a defense that the time for bringing such action has expired under a statute of limitations. (d) Applicability.--This section shall apply to any action pending on January 1, 2002, and to any action commenced on or after that date. SEC. 4. REPORTING. In furtherance of international education relating to the Holocaust and historic and continuing anti-Semitism in Europe and throughout the world, the Secretary of State shall submit to the Congress a one-time report, outlining the status of access to wartime records and archives concerning the wartime activities of any railroad organized as a separate legal entity that engaged in the deportation of persons to Nazi concentration camps during the period beginning on January 1, 1942, and ending on December 31, 1944.

Holocaust Rail Justice Act - Grants U.S. district courts original jurisdiction over any civil action for damages for personal injury or death that: (1) arose from the deportation of persons to Nazi concentration camps between January 1, 1942, and December 31, 1944, and (2) is brought by or on behalf of such person against a railroad that owned or operated the trains on which the persons were deported and that was organized as a separate legal entity. Declares that: (1) no law limiting the jurisdiction of the U.S. courts shall preclude any such action, and (2) no such action shall be barred because a statute of limitations has expired. Makes this Act applicable to any action pending on or commenced after January 1, 2002. Directs the Secretary of State to report to Congress on the status of access to wartime records and archives concerning the wartime activities of any such railroad that engaged in the deportation of such persons to Nazi concentration camps.

A bill to ensure that the courts of the United States may provide an impartial forum for claims brought by United States citizens and others against any railroad organized as a separate legal entity, arising from the deportation of United States citizens and others to Nazi concentration camps on trains owned or operated by such railroad, and by the heirs and survivors of such persons.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fix Housing First Homebuyer Tax Credit Act''. SEC. 2. EXPANSION AND MODIFICATION OF HOMEBUYER CREDIT. (a) Elimination of First-Time Homebuyer Requirement.-- (1) In general.--Subsection (a) of section 36 of the Internal Revenue Code of 1986, as added by section 3011 of the Housing and Economic Recovery Act of 2008, is amended by striking ``who is a first-time homebuyer of a principal residence'' and inserting ``who purchases a principal residence''. (2) Conforming amendments.-- (A) Subsection (c) of section 36 of such Code is amended by striking paragraph (1) and by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (1), (2), (3), and (4), respectively. (B) Section 36 of such Code is amended by striking ``first-time homebuyer credit'' in the heading and inserting ``home purchase credit''. (C) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 36 and inserting the following new item: ``Sec. 36. Home purchase credit.''. (D) Subparagraph (W) of section 26(b)(2) of such Code is amended by striking ``homebuyer credit'' and inserting ``home purchase credit''. (b) Elimination of Recapture Except for Homes Sold Within 3 Years.--Subsection (f) of section 36 of the Internal Revenue Code of 1986, as so added, is amended to read as follows: ``(f) Recapture of Credit in the Case of Certain Dispositions.-- ``(1) In general.--In the event that a taxpayer-- ``(A) disposes of the principal residence with respect to which a credit was allowed under subsection (a), or ``(B) fails to occupy such residence as the taxpayer's principal residence, at any time within 36 months after the date on which the taxpayer purchased such residence, then the tax imposed by this chapter for the taxable year during which such disposition occurred or in which the taxpayer failed to occupy the residence as a principal residence shall be increased by the amount of such credit. ``(2) Exceptions.-- ``(A) Death of taxpayer.--Paragraph (1) shall not apply to any taxable year ending after the date of the taxpayer's death. ``(B) Involuntary conversion.--Paragraph (1) shall not apply in the case of a residence which is compulsorily or involuntarily converted (within the meaning of section 1033(a)) if the taxpayer acquires a new principal residence within the 2-year period beginning on the date of the disposition or cessation referred to in such paragraph. Paragraph (1) shall apply to such new principal residence during the remainder of the 36-month period described in such paragraph as if such new principal residence were the converted residence. ``(C) Transfers between spouses or incident to divorce.--In the case of a transfer of a residence to which section 1041(a) applies-- ``(i) paragraph (1) shall not apply to such transfer, and ``(ii) in the case of taxable years ending after such transfer, paragraph (1) shall apply to the transferee in the same manner as if such transferee were the transferor (and shall not apply to the transferor). ``(D) Relocation of members of the armed forces.-- Paragraph (1) shall not apply in the case of a member of the Armed Forces of the United States on active duty who moves pursuant to a military order and incident to a permanent change of station. ``(3) Joint returns.--In the case of a credit allowed under subsection (a) with respect to a joint return, half of such credit shall be treated as having been allowed to each individual filing such return for purposes of this subsection. ``(4) Return requirement.--If the tax imposed by this chapter for the taxable year is increased under this subsection, the taxpayer shall, notwithstanding section 6012, be required to file a return with respect to the taxes imposed under this subtitle.''. (c) Expansion of Application Period.--Subsection (h) of section 36 of the Internal Revenue Code of 1986, as so added, is amended by striking ``July 1, 2009'' and inserting ``December 31, 2009''. (d) Election To Treat Purchase in Prior Year.--Subsection (g) of section 36 of the Internal Revenue Code of 1986, as so added, is amended by striking ``July 1, 2009'' and inserting ``December 31, 2009''. (e) Modification of Credit Amount.-- (1) In general.--Subparagraph (A) of section 36(b)(1) of the Internal Revenue Code of 1986, as so added, is amended by striking ``$7,500'' and inserting ``the amount that is 3.5 percent of the dollar amount limitation determined under section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2)), including any increase in the limitation for an area determined to be a high-cost area under such section, with respect to the purchase of the qualified principal residence''. (2) Conforming amendments.--Paragraph (1) of section 36(b) of such Code is amended-- (A) by striking ``$3,750'' in subparagraph (B) and inserting ``1.75 percent'', (B) by striking ``$7,500'' in subparagraph (B) and inserting ``3.5 percent'', and (C) by striking ``$7,500'' in subparagraph (C) and inserting ``the amount described in subparagraph (A)''. (f) Modification of Income Limitation.--Subclause (II) of section 36(b)(2)(i) of the Internal Revenue Code of 1986, as so added, is amended by striking ``$75,000 ($150,000 in the case of a joint return)'' and inserting ``$125,000 ($250,000 in the case of a joint return)''. (g) Availability of Credit for Transfer.--Section 36 of the Internal Revenue Code of 1986, as so added, is amended by redesignating subsections (g) and (h), as amended by this section, as subsections (h) and (i), respectively, and by inserting after subsection (f) the following new subsection: ``(g) Transfer of Credit.-- ``(1) In general.--A taxpayer may transfer all or a portion of the credit allowable under subsection (a) to 1 or more persons as payment of any liability of the taxpayer arising out of-- ``(A) the downpayment of any portion of the purchase price of the principal residence, ``(B) mortgage, flood, and hazard insurance premiums in connection with the purchase and paid at or before closing, ``(C) interest on any debt incurred to purchase the residence, ``(D) State and local real property taxes paid in connection with the purchase, and ``(E) funding fees paid to the Department of Veterans Affairs in connection with the purchase. ``(2) Credit transfer mechanism.-- ``(A) In general.--Not less than 60 days after the date of the enactment of this subsection, the Secretary shall establish and implement a credit transfer mechanism for purposes of paragraph (1). Such mechanism shall require the Secretary to-- ``(i) certify that the taxpayer is eligible to receive the credit provided by this section with respect to the purchase of a principal residence and that the transferee is eligible to receive the credit transfer, ``(ii) certify the credit transfer amount which will be paid to the transferee, and ``(iii) require any transferee that directly receives the credit transfer amount from the Secretary to notify the taxpayer within 14 days of the receipt of such amount. Any check, certificate, or voucher issued by the Secretary pursuant to this paragraph shall include the taxpayer identification number of the taxpayer and the address of the principal residence being purchased. For purposes of determining the credit transfer amount under clause (ii), the Secretary may estimate the taxpayer's modified adjusted gross income for the taxable year (as described in subsection (b)(2)) based on the taxpayer's modified adjusted gross income (as so described) for the preceding taxable year. ``(B) Timely receipt.--The Secretary shall issue the credit transfer amount not less than 30 days after the date of the receipt of an application for a credit transfer. ``(3) Payment of interest.-- ``(A) In general.--Notwithstanding any other provision of this title, the Secretary shall pay interest on any amount which is not paid to a person during the 30-day period described in paragraph (2)(B). ``(B) Amount of interest.--Interest under subparagraph (A) shall be allowed and paid-- ``(i) from the day after the 30-day period described in paragraph (2)(B) to the date payment is made, and ``(ii) at the overpayment rate established under section 6621. ``(C) Exception.--This paragraph shall not apply to failures to make payments as a result of any natural disaster or other circumstance beyond the control of the Secretary. ``(4) Recapture of transfer amount.--If the credit transfer amount paid to the transferee exceeds the amount of the credit allowable under subsection (a) to the taxpayer, the taxpayer's tax imposed by this chapter for the taxable year shall be increased by the amount of such excess. ``(5) Effect on legal rights and obligations.--Nothing in this subsection shall be construed to-- ``(A) require a lender to complete a loan transaction before the credit transfer amount has been transferred to the lender, or ``(B) prevent a lender from altering the terms of a loan (including the rate, points, fees, and other costs) due to changes in market conditions or other factors during the period of time between the application by the taxpayer for a credit transfer and the receipt by the lender of the credit transfer amount.''. (h) Allowance of Credit for Residences Financed by Proceeds From State or Local Bonds.--Subsection (d) of section 36 of the Internal Revenue Code of 1986, as so added, is amended by striking paragraph (2) and redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. (i) Effective Date.--The amendments made by this section shall apply to residences purchased on or after December 31, 2008, in taxable years ending on or after such date.

Fix Housing First Homebuyer Tax Credit Act - Amends the Internal Revenue Code to revise the tax credit for first-time homebuyers by: (1) eliminating the first-time homebuyer requirement (thus making such credit available to all homebuyers); (2) eliminating the repayment requirement for such credit except for resales of a principal residence, or failure to occupy such residence, at any time within three years of purchase; (3) exempting from the repayment requirement members of the Armed Forces who are ordered to relocate; (4) extending the period for purchasing a residence until December 31, 2009; (5) allowing taxpayers who purchase a residence before 2010 to claim such credit on either their 2008 or 2009 tax returns; (6) increasing the maximum amount of such credit and the adjusted gross income thresholds for reductions in the credit amount; (7) allowing taxpayers to transfer their anticipated credit amount to another individual for specified purposes, including making a downpayment on a portion of a purchase price of a principal residence; and (8) extending eligibility for the credit to taxpayers who purchase residences financed with state and local tax-exempt bonds.

A bill to amend the Internal Revenue Code of 1986 to expand the application of the homebuyer credit, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness in Medigap Options Act of 2010''. SEC. 2. GUARANTEED ISSUE OF MEDIGAP POLICIES TO ALL MEDICARE BENEFICIARIES. (a) In General.--Section 1882(s) of the Social Security Act (42 U.S.C. 1395ss(s)) is amended-- (1) in paragraph (2)(A), by striking ``65 years of age or older and is enrolled for benefits under part B'' and inserting ``entitled to, or enrolled for, benefits under part A and enrolled for benefits under part B''; (2) in paragraph (2)(D), by striking ``who is 65 years of age or older as of the date of issuance and''; and (3) in paragraph (3)(B)(vi), by striking ``at age 65''. (b) Phase-In Authority.-- (1) In general.--Subject to paragraph (2), the Secretary of Health and Human Services may phase in the implementation of the amendments made under subsection (a) in such manner as the Secretary determines appropriate to minimize any adverse impact on individuals enrolled under a Medicare supplemental policy prior to the effective date of this Act. (2) Limit.--The phase-in period under paragraph (1) shall not exceed 5 years. (c) Separate Premium Class.-- (1) In general.--Subject to paragraph (2), any individuals enrolled under a Medicare supplemental policy pursuant to the amendments made under subsection (a) shall be classified by the issuer as part of a separate premium class. (2) Limit.--The provision in paragraph (1) shall apply to individuals that enroll under a Medicare supplemental policy prior to January 1, 2015. (d) Additional Enrollment Period for Certain Individuals.-- (1) One-time enrollment period.-- (A) In general.--In the case of an individual described in paragraph (2), the Secretary shall establish a one-time enrollment period during which such an individual may enroll in any Medicare supplemental policy of the individual's choosing. (B) Period.--The enrollment period established under subparagraph (A) shall begin on the date on which the phase-in period under subsection (b) is completed and end 6 months after such date. (2) Individual described.--An individual described in this paragraph is an individual who-- (A) is entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act under section 226(b) or section 226A of such Act (42 U.S.C. 426(b); 426-1); (B) is enrolled for benefits under part B of title XVIII of such Act (42 U.S.C. 1395j et seq.); and (C) would not, but for the provisions of and amendments made by this section, be eligible for the guaranteed issue of a Medicare supplemental policy under section 1882(s)(2) of such Act (42 U.S.C. 1395ss(s)(2)). (3) Outreach plan.--The Secretary shall develop an outreach plan to notify individuals described in paragraph (2) of the one-time enrollment period established under paragraph (1). SEC. 3. GUARANTEED ISSUE OF MEDIGAP POLICIES FOR MEDICARE ADVANTAGE AND MEDICAID ENROLLEES. (a) In General.--Section 1882(s)(3) of the Social Security Act (42 U.S.C. 1395ss(s)(3)), as amended by section 2, is amended-- (1) in subparagraph (B), by adding at the end the following new clauses: ``(vii) The individual was enrolled in a Medicare Advantage plan under part C for not less than 12 months and subsequently disenrolled from such plan and elects to receive benefits under this title through the original Medicare fee-for-service program under parts A and B. ``(viii) The individual-- ``(I) is entitled to, or enrolled for, benefits under part A and enrolled for benefits under part B; ``(II) was eligible for medical assistance under a State plan or waiver under title XIX and was enrolled in such plan or waiver; and ``(III) subsequently lost eligibility for such medical assistance.''; (2) by striking subparagraph (C)(iii) and inserting the following: ``(iii) Subject to subsection (v)(1), for purposes of an individual described in clause (vi), (vii), or (viii) of subparagraph (B), a Medicare supplemental policy described in this subparagraph shall include any Medicare supplemental policy.''; and (3) in subparagraph (E)-- (A) in clause (iv), by striking ``and'' at the end; (B) in clause (v), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following new clauses: ``(vi) in the case of an individual described in subparagraph (B)(vii), the annual, coordinated election period (as defined in section 1851(e)(3)(B)) or a continuous open enrollment period (as defined in section 1851(e)(2)) during which the individual disenrolls from a Medicare Advantage plan under part C; and ``(vii) in the case of an individual described in subparagraph (B)(viii), the period beginning on the date that the individual receives a notice of cessation of such individual's eligibility for medical assistance under the State plan or waiver under title XIX and ending on the date that is 123 days after the individual receives such notice.''. (b) Effective Date.--The amendments made by subsection (a) shall apply to Medicare supplemental policies effective on or after January 1, 2011. SEC. 4. ENROLLMENT OF INDIVIDUALS WITH END STAGE RENAL DISEASE IN MEDICARE ADVANTAGE. (a) In General.--Section 1851(a) of the Social Security Act (42 U.S.C. 1395w-21(a)) is amended by striking paragraph (3) and inserting the following: ``(3) Medicare+choice eligible individual.--In this title, the term `Medicare+Choice eligible individual' means an individual who is entitled to benefits under part A and enrolled under part B.''. (b) Conforming Amendments.-- (1) Section 1852(b) of the Social Security Act (42 U.S.C. 1395w-22(b)) is amended by striking paragraph (1) and inserting the following: ``(1) Beneficiaries.--A Medicare Advantage organization may not deny, limit, or condition the coverage or provision of benefits under this part, for individuals permitted to be enrolled with the organization under this part, based on any health status-related factor described in section 2705(a)(1) of the Public Health Service Act (as amended by section 1201(4) of the Patient Protection and Affordable Care Act). The Secretary shall not approve a plan of an organization if the Secretary determines that the design of the plan and its benefits are likely to substantially discourage enrollment by certain MA eligible individuals with the organization.''. (2) Section 1859(b)(6)(B) of such Act (42 U.S.C. 1395w- 28(b)(6)(B)) is amended in the second sentence by striking ``may waive application of section 1851(a)(3)(B) in the case of an individual described in clause (i), (ii), or (iii) of this subparagraph and''. (c) Effective Date.--The amendments made by this section shall apply to plan years beginning on or after January 1, 2011. SEC. 5. PROVIDING FOR ANNUAL GUARANTEED-ISSUE CHANGES IN ENROLLMENT UNDER MEDIGAP POLICIES. Section 1882(s) of the Social Security Act (42 U.S.C. 1395ss(s)) is amended-- (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following new paragraph: ``(4)(A) The Secretary shall specify an annual period (with the first such period occurring during 2011) during which individuals enrolled in a Medicare supplemental policy with a particular benefit package may change to another such policy if such other policy is offered by a different issuer and available for issuance to new enrollees by such issuer and if such other policy has the same benefit package or a benefit package with lesser benefits (as determined by the Secretary). Such annual period shall, to the extent feasible, coincide with annual open enrollment periods under parts C and D. A change in enrollment during such a period in a year shall become effective as of the first day of the following year. ``(B) In the case of an individual who seeks to change enrollment to a Medicare supplemental policy issued by a different issuer during an annual period pursuant to subparagraph (A), subject to subparagraph (C), the issuer of such policy-- ``(i) may not deny or condition the issuance or effectiveness of the policy a Medicare supplemental policy described in subparagraph (A); ``(ii) may not discriminate in the pricing of such policy, because of health status, claims experience, receipt of health care, or medical condition; and ``(iii) may not impose an exclusion of benefits based on a preexisting condition under such policy. ``(C) In the case of a change of enrollment under this paragraph and in order to prevent adverse selection under this paragraph from disrupting the orderly marketing of Medicare supplemental policies, the Secretary may permit the new issuer of the Medicare supplemental policy to apply such limited pre-existing conditions and such premium rating rules as may be appropriate.''.

Fairness in Medigap Options Act of 2010 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to make eligible for guaranteed issue of Medicare supplemental (Medigap) policies: (1) all Medicare beneficiaries; (2) Medicare Advantage plan enrollees who disenroll from the plan and elect to receive benefits through the original Medicare fee-for-service program; and (3) Medicaid (SSA title XIX) plan enrollees who have lost eligibility for such medical assistance. Allows individuals with end stage renal disease (ESRD) to receive Medicare benefits through enrollment in a Medicare+Choice plan. Directs the Secretary of Health and Human Services (HHS) to specify an annual period during which individuals enrolled in a Medigap policy with a particular benefit package may change to another such policy if the other policy: (1) is offered by a different issuer and is available for issuance to new enrollees; and (2) has the same benefit package or a benefit package with lesser benefits.

To amend title XVIII of the Social Security Act to provide all Medicare beneficiaries with the right to guaranteed issue of a Medicare supplemental policy and annual open change-in-enrollment periods, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Full-Service Community Schools Act of 2009''. SEC. 2. PURPOSES. The purposes of this Act are the following: (1) Providing support for the planning, implementation, and operation of full-service community schools. (2) Improving the coordination, availability, and effectiveness of services for children and families. (3) Enabling principals and teachers to complement and enrich efforts to help all children reach proficiency in reading and math by 2014. (4) Ensuring that children come to school ready to learn every day. (5) Enabling families to participate in the education of their children. (6) Enabling more efficient use of Federal, State, local, and private sector resources that serve children and families. (7) Facilitating the coordination of programs operated by community-based organizations, nonprofit organizations, and State, local, and tribal governments. (8) Engaging students as resources to their communities. (9) Engaging the business community and other community organizations as partners in the development of full-service community schools. SEC. 3. FULL-SERVICE COMMUNITY SCHOOL. For purposes of this Act, the term ``full-service community school'' means a public elementary or secondary school that-- (1) participates in a community-based effort to coordinate educational, developmental, family, health, and other comprehensive services through community-based organizations and public and private partnerships; and (2) provides access to such services to students, families, and the community. SEC. 4. LOCAL PROGRAMS. (a) Grants.--The Secretary of Education (in this Act referred to as the ``Secretary'') may award grants to eligible entities to assist public elementary or secondary schools to function as full-service community schools. (b) Use of Funds.--Grants awarded under this section shall be used to coordinate not less than 3 qualified existing services and provide not less than 2 qualified additional services at 1 or more public elementary or secondary schools. (c) Application.--To seek a grant under this section, an eligible entity shall submit an application to the Secretary at such time and in such manner as the Secretary may require. The Secretary shall require that each such application include the following: (1) A description of the eligible entity. (2) A list of partner entities that will assist the eligible entity to coordinate and provide qualified services. (3) A memorandum of understanding between the eligible entity and all partner entities describing the role the partner entities will assume. (4) A description of the capacity of the eligible entity to coordinate and provide qualified services at a full-service community school. (5) A comprehensive plan that includes descriptions of the following: (A) The student, family, and school community to be served, including information about the demographic characteristics and needs of students, families, and community residents, the number of families and students to be served, and the frequency of services. (B) Yearly measurable performance goals for the program, including an increase in the percentage of families and students targeted for services each year of the program and improved outcomes for students and families, particularly student academic achievement. (C) Performance measures to monitor progress toward attainment of the goals established under subparagraph (B). (D) Qualified services, existing and additional, to be coordinated and provided by the eligible entity and its partner entities, including an explanation of why these services have been selected, and how they respond to specified needs. (E) Plans to ensure that each site has full-time coordination of qualified services at each full-service community school. (F) Planning, coordination, management, and oversight of qualified services at each school to be served, including the role of the school principal, partner entities, parents, and members of the community. (G) Funding sources for qualified services to be coordinated and provided at each school to be served, whether such funding is derived from grants under this section or from other Federal, State, local, or private sources. (H) Plans for professional development for personnel managing, or coordinating or delivering qualified services at, the schools to be served. (I) Plans for joint utilization and maintenance of school facilities by the eligible entity and its partner entities. (J) How the eligible entity and its partners will focus services on schools eligible for a schoolwide program under section 1114 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6314). (K) Plans for periodic evaluation based upon attainment of the performance measures described in subparagraph (C). (L) How the provision and coordination of qualified services is expected to improve student academic achievement. (M) How the qualified services will meet the principles of effectiveness described in subsection (d). (6) A plan for sustainability. (d) Principles of Effectiveness.-- (1) In general.--For a program developed pursuant to this section to meet principles of effectiveness, such program shall-- (A) be based upon an assessment of objective data regarding the need for the establishment of a full- service community school and qualified services at each school to be served and in the community involved; (B) be based upon an established set of performance measures aimed at ensuring the availability and effectiveness of high-quality services; and (C) if appropriate, be based upon scientifically based research that provides evidence that the qualified services involved will help students meet State and local student academic achievement standards. (e) Priority.--In awarding grants under this section, the Secretary shall give priority to eligible entities that-- (1) will serve 2 or more full-service community schools eligible for a school-wide program under section 1114 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6314); (2) demonstrate a record of effectiveness in coordinating multiple qualified services; (3) will serve more than 1 full-service community school as part of a community- or district-wide strategy; and (4) will be connected to a school and community partnership group that brings together key stakeholders across sectors, such as the local educational agency, parents and neighborhood residents, youth, local government, institutions of higher education, teacher unions, community-based organizations, business and civic groups, and others to improve results for students and their families. (f) Grant Period.--Each grant awarded under this section shall be for a period of 5 years and may be renewed at the discretion of the Secretary based on demonstrated effectiveness in meeting performance goals and measure as described in subparagraphs (B) and (C) of subsection (c)(5). (g) Minimum Amount.--The Secretary may not award a grant to an eligible entity under this section in an amount that is less than $75,000 for each year of the 5-year grant period. (h) Definitions.--In this section: (1) The term ``additional services'' means services directly funded under this Act. (2) The term ``eligible entity'' means a consortium of a local educational agency and 1 or more community-based organizations, nonprofit organizations, or other public or private entities. (3) The term ``existing services'' means services already being financed by Federal, State, local or private sources, or volunteer activities being supported by civic, business, faith- based, social, and other similar organizations. (4) The term ``qualified services'' means any of the following: (A) Early childhood education. (B) Remedial education activities and enrichment activities. (C) Programs under the Head Start Act, including Early Head Start programs. (D) Programs that promote parental involvement and family literacy, including the Reading First, Early Reading First, and William F. Goodling Even Start Family Literacy programs authorized in part B of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6361 et seq.). (E) Mentoring and other youth development programs. (F) Parent leadership development activities. (G) Parenting education activities. (H) Child care services. (I) Community service and service learning opportunities. (J) Programs that provide assistance to students who have been truant, suspended, or expelled. (K) Job training and career counseling services. (L) Nutrition services. (M) Primary health and dental care. (N) Mental health counseling services. (O) Adult education, including instruction in English as a second language. (P) Other services consistent with this Act. SEC. 5. STATE PROGRAMS. (a) Grants.--The Secretary may award grants to State collaboratives to support the development of full-service community school programs in accordance with this section. (b) Use of Funds.--Grants awarded under this section shall be used only for the following: (1) Planning, coordinating, and expanding the development of full-service community schools in the State, particularly schools in high-poverty local educational agencies. (2) Providing technical assistance and training for full- service community schools, including professional development for personnel and creation of data collection and evaluation systems. (3) Collecting, evaluating, and reporting data about the progress of full-service community schools. (4) Evaluating the impact of State and Federal policies and guidelines on the ability of eligible entities to integrate Federal and State programs at full-service community schools, and taking action to make necessary changes. (c) Application.--To seek a grant under this section, a State collaborative shall submit an application to the Secretary at such time and in such manner as the Secretary may require. The Secretary shall require that each such application include the following: (1) A list of all governmental agencies and nonprofit organizations that will participate as members of the State collaborative. (2) A description of the expertise of each member of the State collaborative-- (A) in coordinating Federal and State programs across multiple agencies; (B) in working with and developing the capacity of full-service community schools; and (C) in working with high-poverty schools and local educational agencies. (3) A comprehensive plan describing how the grant will be used to plan, coordinate, and expand the delivery of services at full-service community schools. (4) A comprehensive accountability plan that will be used to demonstrate effectiveness, including the measurable performance goals of the program and performance measures to monitor progress and assess services' impact on students and families and academic achievement. (5) An explanation of how the State collaborative will provide technical assistance and training, including professional development, for full-service community schools. (6) An explanation of how the State will collect and evaluate information on full-service community schools. (d) Grant Period.--Each grant awarded under this section shall be for a period of 5 years. (e) Minimum Amount.--The Secretary may not award a grant to a State collaborative under this section in an amount that is less than $500,000 for each year of the 5-year grant period. (f) Definitions.--For purposes of this section: (1) The term ``State'' includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, and any other territory or possession of the United States. (2) The term ``State collaborative'' means a collaborative of a State educational agency and not less than 2 other governmental agencies or nonprofit organizations that provide services to children and families. SEC. 6. ADVISORY COMMITTEE. (a) Establishment.--There is hereby established an advisory committee to be known as the ``Full-Service Community Schools Advisory Committee'' (in this section referred to as the ``Advisory Committee''). (b) Duties.--Subject to subsection (c), the Advisory Committee shall-- (1) consult with the Secretary on the development and implementation of programs under this Act; (2) identify strategies to improve the coordination of Federal programs in support of full-service community schools; and (3) issue an annual report to the Congress on efforts under this Act, including a description of-- (A) the results of local and national evaluation of such efforts; and (B) the scope of services being coordinated under this Act. (c) Consultation.--In carrying out its duties under this section, the Advisory Committee shall consult annually with eligible entities awarded grants under section 4, State collaboratives awarded grants under section 5, and other entities with expertise in operating full- service community schools. (d) Members.--The Advisory Committee shall consist of 5 members as follows: (1) The Secretary of Education (or the Secretary's delegate). (2) The Attorney General of the United States (or the Attorney General's delegate). (3) The Secretary of Agriculture (or the Secretary's delegate). (4) The Secretary of Health and Human Services (or the Secretary's delegate). (5) The Secretary of Labor (or the Secretary's delegate). SEC. 7. GENERAL PROVISIONS. (a) Technical Assistance.--The Secretary, directly or through grants, shall provide such technical assistance as may be appropriate to accomplish the purposes of this Act. (b) Evaluations by Secretary.--The Secretary shall conduct evaluations on the effectiveness of grants under sections 4 and 5 in achieving the purposes of this Act. (c) Evaluations by Grantees.--The Secretary shall require each recipient of a grant under this Act-- (1) to conduct periodic evaluations of the progress achieved with the grant toward achieving the purposes of this Act; (2) to use such evaluations to refine and improve activities conducted with the grant and the performance measures for such activities; and (3) to make the results of such evaluations publicly available, including by providing public notice of such availability. (d) Supplement, Not Supplant.--Funds made available to a grantee under this Act may be used only to supplement, and not supplant, any other Federal, State, or local funds that would otherwise be available to carry out the activities assisted under this Act. (e) Matching Funds.-- (1) In general.--The Secretary shall require each recipient of a grant under this Act to provide matching funds from non- Federal sources in an amount determined under paragraph (2). (2) Determination of amount of match.-- (A) Sliding scale.--Subject to subparagraph (B), the Secretary shall determine the amount of matching funds to be required of a grantee under this subsection based on a sliding fee scale that takes into account-- (i) the relative poverty of the population to be targeted by the grantee; and (ii) the ability of the grantee to obtain such matching funds. (B) Maximum amount.--The Secretary may not require any grantee under this section to provide matching funds in an amount that exceeds the amount of the grant award. (3) In-kind contributions.--The Secretary shall permit grantees under this section to match funds in whole or in part with in-kind contributions. (4) Consideration.--Notwithstanding this subsection, the Secretary shall not consider an applicant's ability to match funds when determining which applicants will receive grants under this Act. (f) Special Rule.--Entities receiving funds under this Act shall comply with all existing Federal statutes that prohibit discrimination. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act $200,000,000 for fiscal year 2010 and such sums as may be necessary for each of fiscal years 2011 through 2014. (b) Allocation.--Of the amounts appropriated to carry out this Act for each fiscal year-- (1) 75 percent shall be for section 4; (2) 20 percent shall be for section 5; and (3) of the remaining 5 percent, not less than $500,000 shall be for technical assistance under section 7(a).

Full-Service Community Schools Act of 2009 - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award grants to: (1) consortia composed of a local educational agency and one or more community-based, nonprofit, or other public or private entities to assist public elementary or secondary schools to function as full-service community schools; and (2) state collaboratives to support the development of full-service community school programs. Requires such schools to: (1) participate in community-based efforts to coordinate educational, developmental, family, health, and other comprehensive services through community-based organizations and public and private partnerships; and (2) provide access to such services to students, families, and the community. Gives local grant priority to consortia that: (1) will serve at least two full-service community schools eligible for schoolwide programs under the Act, and more than one full-service community school as part of a community or districtwide strategy; (2) demonstrate a record of effectiveness in coordinating multiple qualified services; and (3) will be connected to a school and community partnership group that brings together key stakeholders across varied sectors to improve results for students and their families. Establishes a Full-Service Community Schools Advisory Committee.

To authorize the Secretary of Education to award grants for the support of full-service community schools, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Crane Tithe Tax Act of 2001''. SEC. 2. REPEAL OF TAXATION OF CORPORATIONS. The following provisions of the Internal Revenue Code of 1986 are hereby repealed: (1) section 11 (relating to corporate income tax), (2) section 55 (relating to alternative minimum tax) insofar as it applies to corporations, (3) section 511 (relating to unrelated business income tax), (4) section 531 (relating to accumulated earnings tax), (5) section 541 (relating to personal holding company tax), (6) section 594 (relating to alternative tax for certain mutual savings banks), (7) section 801 (relating to tax imposed on life insurance companies), (8) section 821 (relating to tax imposed on certain mutual insurance companies), (9) section 831 (relating to tax on certain other insurance companies), (10) section 852 (relating to tax on regulated investment companies), (11) section 857 (relating to tax on real estate investment trusts), and (12) section 882 (relating to tax on income of foreign corporations connected with United States business). SEC. 3. 10 PERCENT INCOME TAX RATE FOR INDIVIDUALS. Section 1 of the Internal Revenue Code of 1986 (relating to tax imposed on individuals) is amended to read as follows: ``SECTION 1. TAX IMPOSED. ``(a) In General.--There is hereby imposed on the income of every individual a tax equal to 10 percent of the excess of the earned income of such individual for the taxable year over the exemption amount for such year. ``(b) Definitions.--For purposes of this section-- ``(1) Exemption amount.-- ``(A) In general.--The term `exemption amount' means, for any taxable year, $10,000 increased (for taxable years beginning after December 31, 2001) by an amount equal to $10,000 multiplied by the cost-of- living adjustment for the calendar year in which the taxable year begins. ``(B) Cost-of-living adjustment.--For purposes of this paragraph-- ``(i) In general.--The cost-of-living adjustment for any calendar year is the percentage (if any) by which-- ``(I) the CPI for October of the preceding calendar year, exceeds ``(II) the CPI for October of 2000. ``(ii) CPI.--The term `CPI' means the last Consumer Price Index for all-urban consumers published by the Department of Labor. ``(C) Rounding.--If the increase determined under this paragraph is not a multiple of $10, such increase shall be rounded to the nearest multiple of $10 (or if such increase is a multiple of $5, such increase shall be increased to the next highest multiple of $10). ``(2) Earned income.-- ``(A) In general.--Except as provided in subparagraph (B), the term `earned income' means-- ``(i) wages, salaries, and other employee compensation, ``(ii) the amount of the taxpayer's net earnings from self-employment for the taxable year, and ``(iii) the amount of dividends which are from a personal service corporation or which are otherwise directly or indirectly compensation for services. ``(B) Exceptions.--The term `earned income' does not include-- ``(i) any amount received as a pension or annuity, or ``(ii) any tip unless the amount of the tip is not within the discretion of the service- recipient. ``(C) Fringe benefits valued at employer cost.--The amount of any fringe benefit which is included as earned income shall be the cost to the employer of such benefit.'' SEC. 4. AMNESTY FOR ALL PRIOR TAX LIABILITY. (a) In General.--No person shall be liable for any tax imposed by chapter 1 of the Internal Revenue Code of 1986 (or for penalties and interest with respect to such tax) for any taxable year ending before January 1, 2000. (b) Exceptions.-- (1) Amounts paid.--Subsection (a) shall not apply to amounts paid before the date of the enactment of this Act. (2) Tax attributable to illegal activities.--Subsection (a) shall not apply to any tax (including penalties and interest with respect to such tax) attributable to any business activity which is in violation of any Federal, State, or local law. SEC. 5. REPEAL OF SPECIAL DEDUCTIONS, CREDITS, AND EXCLUSIONS FROM INCOME FOR INDIVIDUALS. Chapter 1 of the Internal Revenue Code of 1986 is amended by striking out all specific exclusions from gross income, all deductions, and all credits against income tax to the extent related to the computation of individual income tax liability. SEC. 6. REPEAL OF ESTATE AND GIFT TAXES. Subtitle B of the Internal Revenue Code of 1986 (relating to estate, gift, and generation-skipping taxes) is hereby repealed. SEC. 7. EFFECTIVE DATES. (a) In General.--Except as provided in subsection (b), the amendments made by this Act shall apply to taxable years beginning after the date of the enactment of this Act. (b) Repeal of Estate and Gift Taxes.--The repeal made by section 6 shall apply to estates of decedents dying, and transfers made, after the date of the enactment of this Act. (c) Technical and Conforming Changes.--The Secretary of the Treasury or his delegate shall, as soon as practicable but in any event not later than 90 days after the date of the enactment of this Act, submit to the Committee on Ways and Means of the House of Representatives a draft of any technical and conforming changes in the Internal Revenue Code of 1986 which are necessary to reflect throughout such Code the changes in the substantive provisions of law made by this Act.

Crane Tithe Tax Act of 2001 - Amends the Internal Revenue Code to: (1) repeal the tax on corporations; (2) repeal the current tax rates for individuals and replace such rates with a ten percent tax on earned income; (3) provide amnesty for any tax liability prior to January 1, 2000; (4) repeal all specific exclusions from gross income, all deductions, and all credits; and (5) repeal subtitle B relating to estate, gift, and generation-skipping taxes.

To amend the Internal Revenue Code of 1986 to repeal the income taxation of corporations, to impose a 10 percent tax on the earned income (and only the earned income) of individuals, to repeal the estate and gift taxes, to provide amnesty for all tax liability for prior taxable years, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Claremont Commission Act''. SEC. 2. PURPOSE. On June 11, 1995, in Claremont, New Hampshire, the President of the United States and the Speaker of the House of Representatives made an historic handshake agreement calling for establishment of an independent Federal election campaign reform commission. The purpose of this Act is to effectuate that agreement. SEC. 3. ESTABLISHMENT OF COMMISSION. There is established a nonpartisan commission to be known as the ``Claremont Commission'' (referred to in this Act as the ``Commission''). SEC. 4. GOALS OF THE COMMISSION. The Commission is established to help effectuate the following goals of Federal election campaign reform: (1) Limit the influence of money in Federal election campaigns. (2) Increase public confidence in the Federal electoral process. (3) Increase voter participation. (4) Encourage qualified candidates to seek public office. (5) Create a more equitable electoral system for both challengers and incumbents. (6) Remove the negative aspects of financing of Federal election campaigns. (7) Safeguard the role of political parties in the Federal electoral process. SEC. 5. DUTIES OF THE COMMISSION. (a) In General.--The Commission shall study the law (including regulations) that affects how election campaigns for Federal office are conducted and may make recommendations for change. (b) Matters To Be Considered.--In studying Federal election campaign practices, the Commission shall consider-- (1) whether too much or too little money is spent on campaigns for Federal office (both directly by candidates and by other persons trying to influence the outcome of the election) and whether the funds that are spent are sufficiently disclosed; (2) whether the law governing campaigns for Federal office encourages or discourages those most qualified to hold office from seeking it; (3) whether the existing system of financing campaigns for Federal office promotes trust and confidence in the political process among the electorate; (4) whether the current system for financing campaigns for Federal office ensures that the electorate has the greatest possible opportunity to be informed of candidates' positions on the issues; (5) whether the law should be amended to prohibit from making contributions to candidates or political committees-- (A) persons who are not eligible to vote in Federal elections in the United States; or (B) United States' subsidiaries of foreign corporations; (6) whether the law governing the manner in which unions and union multicandidate political committees (commonly referred to as political action committees or PAC's), or corporations and corporate multicandidate political committees may raise money for spending on political election campaigns and other politically-related activities should be amended; (7) whether amounts given to or spent by a political party that are not subject to the limitations or reporting requirements of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) (commonly referred to as ``soft money'') should be limited or banned; (8) whether the law should be amended to restrict or limit the making of independent expenditures, including independent expenditures made by corporations; (9) whether the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) should be amended to define ``express advocacy'' and ``independent expenditure'' to include certain forms of issue advertising under the limits and requirements of such Act; (10) whether discounted broadcast time should be made available to candidates for Federal office; (11) whether the law should be amended to increase or decrease the current limits on contributions by individuals or multicandidate political committees; (12) whether the law governing required disclosures in the financing of campaigns for Federal office should be amended to ensure more accurate disclosure, including broadening the required disclosures; (13) whether-- (A) the Federal Election Commission has adequate powers to effectively oversee the existing system of financing campaigns for Federal office; or (B) the Commission should be given additional enforcement powers; and (14) such other matters as the Commission considers appropriate. SEC. 6. MEMBERSHIP. (a) Composition.--The Commission shall be composed of 9 members of the private sector, appointed as follows: (1) Two shall be appointed by the President. (2) Two shall be appointed by the majority leader of the Senate. (3) Two shall be appointed by the Speaker of the House of Representatives. (4) One shall be appointed by the minority leader of the Senate. (5) One shall be appointed by the minority leader of the House of Representatives. (6) One, who shall act as chairperson, shall be appointed jointly by the majority leader and minority leader of the Senate and the Speaker and minority leader of the House of Representatives. (b) Expedited Appointments.--The President, majority leader and minority leader of the Senate, and Speaker and minority leader of the House of Representatives shall make the appointments under subsection (a) not later than 10 days after the date of enactment of the Act. (c) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (d) Compensation.--Each member of the Commission shall each be entitled to receive the daily equivalent of the annual rate of basic pay in effect for level V of the Executive Schedule under section 5316 of title 5, United States Code, for each day during which the member is engaged in the actual performance of the duties of the Commission. (e) Quorum.--Six members of the Commission shall constitute a quorum, and any decision of the Commission shall require the affirmative vote of 6 members. (f) Meetings.--The Commission shall meet at the call of the chairperson or at the request of 6 members of the Commission. SEC. 7. STAFF OF COMMISSION; SERVICES. Subject to such rules as may be adopted by the Commission, the chairperson, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classifications and General Schedule pay rates, may appoint such staff personnel as the chairperson considers necessary and procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5, United States Code. SEC. 8. RECOMMENDATION; FAST TRACK PROCEDURES. (a) Report.--Not later than 270 days after the date of enactment of this Act, the Commission shall submit to Congress a report describing the study conducted under section 5. (b) Recommendations.--The report under subsection (a) may include any recommendations for changes in the laws (including regulations) governing the conduct of Federal campaigns, including any changes in the rules of the Senate or the House of Representatives, to which 5 or more members of the Commission agree. (c) Preparation of Bill.--If 6 or more members concur on a plan to make changes in Federal election campaign law, and related laws and regulations, the members agreeing to the plan shall prepare a bill to implement the plan and the implementing bill shall be submitted with the report under subsection (a). (d) Consideration by Congress.--The implementing bill submitted with the report under subsection (a) shall be given expedited consideration under the same provisions and in the same way as an implementing bill for a trade agreement under section 151 of the Trade Act of 1974 (19 U.S.C. 2191). SEC. 9. TERMINATION. The Commission shall cease to exist 30 days after submission of the report under section 8. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $750,000 to carry out this Act.

Claremont Commission Act - Establishes the Claremont Commission to study the law (including regulations) that affects how election campaigns for Federal office are conducted and make recommendations for change. Terminates the Commission 30 days after submission of the Commission's report to the Congress. Authorizes appropriations.

Claremont Commission Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthy Activity for Lifelong Energy Act of 2008''. SEC. 2. FINDINGS. Congress finds the following: (1) Obesity in the United States has reached crisis proportions. According to the Centers for Disease Control and Prevention (CDC), more than a third of all American adults are now overweight. Of even greater concern, the percentage of children and adolescents who are overweight leaped to 16 percent in 2006, a percentage which has more than doubled since 1980. (2) Overweight adolescents are likely to become overweight adults, at risk of developing obesity-related, life-threatening diseases such as cancer, type 2 diabetes, stroke, heart disease, arthritis, and breathing problems. They will join an adult population struggling with a staggering 61 percent overweight rate. Not only will the Nation's children face life- threatening diseases at younger ages, they will face academic challenges due to poor health behaviors--resulting in even greater risk to their future health and earning and the Nation's economic growth and worldwide competition. (3) Obesity and insufficient physical activity are not merely personal issues. Rather, these are public health problems with wide-ranging implications for the Nation's economy and quality of life. Research shows that a significant community-based response can halt the rising tide, and a comprehensive, multi tiered approach shows the greatest promise of success and sustainability. A program thrives when it works for change not only on the individual level, but also within communities and across a broad spectrum of society. In addition, it is vitally important to understand the cultural context of each community and to partner with them in building relevant and meaningful programs. (4) State chronic disease programs have depended heavily upon the CDC for funding to address obesity. The obesity epidemic has outpaced Federal support, contributing to the escalating rise of obesity in an increasingly younger population. Clearly the obesity epidemic is also affecting the preparedness of the United States. Health and fitness have always been a critical concern to the Nation's military, police, fire departments, and first responders. (5) Military sources state that 80 percent of recruits who exceed the military weight-for-height standards at entry leave the military before they complete their first term of enlistment. This in turn increases the cost of recruitment and training. These issues threaten the long-term welfare and readiness of United States military forces and associated preparedness responders such as police, fire departments, and first responders. (6) Obesity and overweight are not just a public health issue, but also a national security issue. If the Nation's society is not physically fit, we will not be able to defend ourselves and the Nation's common interests. (7) This Act rises to the obesity challenge, with innovative ways to help children and young adults be physically active and eat more nutritiously. SEC. 3. COMMUNITY-BASED PROGRAM TO PROMOTE PHYSICAL ACTIVITY AND GOOD NUTRITION AND PREVENT OBESITY AND CHRONIC DISEASE. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 317S the following: ``SEC. 317T. COMMUNITY-BASED PROGRAM TO PROMOTE PHYSICAL ACTIVITY AND GOOD NUTRITION AND PREVENT OBESITY AND CHRONIC DISEASE. ``(a) Grants.--For the purpose of enabling State health departments to maintain a community action team program described in subsection (d), the Secretary shall-- ``(1) make an allotment each fiscal year for the health department of each State in an amount determined under subsection (c); and ``(2) make a grant to the health department of the allotment if the health department submits an application in accordance with subsection (f). ``(b) Implementation; Consultation.--The Secretary shall carry out this section-- ``(1) acting through an appropriate agency or office of the Centers for Disease Control and Prevention, such as the National Center for Chronic Disease Prevention and Health Promotion; and ``(2) in consultation with appropriate nonprofit organizations, such as the National Association of Chronic Disease Directors. ``(c) Amount of Grants.-- ``(1) In general.--Subject to paragraph (2), the Secretary shall determine the amount of a grant under this section to a State health department for a fiscal year on a competitive basis. ``(2) Program management.--The Secretary may not provide more than $100,000 under this section for a fiscal year to any State for management and administration of activities. ``(3) Community funding.--The Secretary shall provide a minimum of $300,000 under this section to each State receiving a grant under this section for the fiscal year involved. ``(d) Community Action Teams.--A funding agreement for a grant under this section is that the State health department involved will expend the grant only for the following: ``(1) The State health department will use the grant to establish and implement community action teams. ``(2) Each such community action team-- ``(A) will work within the local community to promote healthier lifestyles through physical activity and good nutrition and thereby prevent obesity and chronic disease; and ``(B) will serve for a period of 3 years. ``(3) The State health department will maintain a total of 4 to 8 community action teams within the State in any given fiscal year ``(4) At the end of the first 3-year period described in paragraph (2)(B), and every 2 years thereafter, the State health department will establish new community action teams in communities which have not yet had such a team. ``(5) The State health department will provide technical assistance to the community action teams. ``(e) Program Evaluation.--A funding agreement for a grant under this section is that the State health department involved, in collaboration with the Secretary, will collect data on the effectiveness of the department's community action team program under this section. ``(f) Application for Grant.--For purposes of subsection (a)(2), an application for a grant under this section is in accordance with this subsection if the application-- ``(1) contains each funding agreement required by this section; and ``(2) is in such form, is submitted in such manner, and contains such agreements, assurances, and information as the Secretary may require. ``(g) National Activities.--The Secretary shall-- ``(1) conduct training institutes to jump-start the work of community action teams funded through this section; ``(2) provide such teams with access to national experts in ongoing community change; and ``(3) disseminate information about successes achieved through this section to communities across the Nation. ``(h) Definition.--In this section, the term `State' means the several States and the District of Columbia. ``(i) Funding.-- ``(1) Authorization of appropriations.--To carry out this section, there is authorized to be appropriated $40,000,000 for each of fiscal years 2009 through 2013, of which-- ``(A) $26,450,000 shall be made available to State health departments through grants under this section, of which-- ``(i) $21,350,000 shall be made available to community action teams; and ``(ii) $5,100,000 shall be used by State health departments to administer their community action team programs, including through provision of technical assistance; ``(B) $7,500,000 shall be available to the Secretary to carry out subsection (g); and ``(C) $6,050,000 shall be available to the Secretary for management and evaluation. ``(2) Insufficient appropriations.--If the amount of funds appropriated to carry out this section is less than $20,000,000 for any fiscal year, the Secretary, notwithstanding subsection (a)(1), may choose to make grants under this section on a competitive basis instead of making a grant to each State health department that submits an application in accordance with subsection (f); and''.

Healthy Activity for Lifelong Energy Act of 2008 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to make grants to enable state health departments to maintain community action teams to work within the local community to promote healthier lifestyles through physical activity and good nutrition and thereby prevent obesity and chronic disease. Requires such departments to collect data on the effectiveness of the community action team program. Requires the Secretary to: (1) conduct training institutes to jump-start the work of such teams; (2) provide the teams with access to national experts in ongoing community change; and (3) disseminate information about success achieved through the teams to communities across the nation.

To amend the Public Health Service Act to authorize the Secretary of Health and Human Services to make grants to each State health department for community action teams to promote healthier lifestyles through physical activity and good nutrition and thereby prevent obesity and chronic disease, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Valle Vidal Preservation Act.''. SEC. 2. FINDINGS. Congress finds that-- (1) the Valle Vidal Unit of the Carson National Forest comprises approximately 100,000 acres of some of the finest scenic, wildlife, and outdoor recreational resources in New Mexico; (2) the Valle Vidal provides a home for a spectacular array of game and nongame wildlife, in a setting that uniquely allows for close public interaction; (3) the Valle Vidal provides an unparalleled opportunity to hunt world-class trophy elk among New Mexico's largest herd, drawing hunters from throughout the State, region, and the United States; (4) the Valle Vidal is an important component of efforts to recover the native Rio Grande cutthroat trout and provides miles of fish habitat prized by anglers; (5) the open meadows and sweeping vistas of the Valle Vidal are extraordinary for the region, allowing visitors to take in the expansive spaces filled with tall grass and thick patches of pine, spruce, and aspen; (6) the Valle Vidal comprises the headwaters of the Rio Costilla in the Rio Grande watershed, and numerous streams in the Canadian River drainage, making it an important source of fresh water for human and wildlife needs in New Mexico; (7) the Valle Vidal is an important part of New Mexico's ranching heritage and the local ranchers have worked cooperatively with the Forest Service to establish a grazing program within the Valle Vidal that meets the needs of the ranchers, the wildlife, and visitors with notable sensitivity to protection of the natural resources; (8) the wilds of the Valle Vidal provide an outstanding backcountry experience for enthusiasts, including the Scouts of the nearby Philmont Scout Ranch; and (9) for these and other reasons, the Valle Vidal is treasured as a special place for New Mexicans justifying enhanced protection so future generations may enjoy the Valle Vidal. SEC. 3. DEFINITIONS. In this Act: (1) Preserve.--The term ``Preserve'' means the Valle Vidal National Preserve. (2) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (3) State.--The term ``State'' means the State of New Mexico. SEC. 4. VALLE VIDAL NATIONAL PRESERVE, NEW MEXICO. (a) Establishment.--To preserve the wildlife, scenic, watershed, recreational, geological, educational, and scientific values of the Valle Vidal and to secure now and for future generations the opportunity to experience and enjoy the wonders of the area, there is established the Valle Vidal National Preserve. (b) Boundaries.--The boundaries of the Preserve shall be those of the Valle Vidal Unit of the Carson National Forest in existence on the date of enactment of this Act. (c) Purpose.--The purpose of the Preserve is to protect and enhance the values described in subsection (a) for current and future generations. (d) Withdrawal.--Subject to valid existing rights, the Federal land and interests in land included within the Preserve are withdrawn from-- (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the public land mining laws; and (3) operation of the mineral leasing and geothermal leasing laws and the mineral materials laws. (e) Fish and Game.-- (1) In general.--Except as provided in paragraph (2), nothing in this title affects the responsibilities of the State with respect to fish and wildlife, including the regulation of hunting, fishing, and trapping within the Preserve. (2) No hunting, fishing, or trapping zones or periods.--The Secretary may, in consultation with the State, designate zones where, and establish periods when, no hunting, fishing, or trapping shall be permitted in the Preserve for reasons of public safety, administration, the protection of nongame species and their habitats, or public use and enjoyment. (f) Management.-- (1) In general.--The Secretary shall manage the Preserve in a manner that conserves, protects, and enhances the resources and values of the Preserve (including the resources and values described in subsection (a)) pursuant to the laws applicable to the National Forests and other applicable law, including this Act. (2) Use.--The Secretary shall allow only such uses of the Preserve as the Secretary finds will further the purposes for which the Preserve is established. (3) Limitation on use of motorized vehicles.--Unless needed for administrative purposes or to respond to an emergency (as determined by the Secretary), use of a motorized vehicle in the Preserve shall be permitted only on roads specifically designated for such use by the Secretary. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.

Valle Vidal Preservation Act - Establishes the Valle Vidal National Preserve in New Mexico to preserve the wildlife, scenic, watershed, recreational, geological, educational, and scientific values of the area. Withdraws federal lands within the Preserve from all forms of entry, appropriation, or disposal under the public land, mining, and mineral and geothermal leasing laws.

A bill to establish the Valle Vidal National Preserve in the State of New Mexico.

SECTION 1. CREDIT EQUIVALENT TO LIMITED MARITAL DEDUCTION IN CASE OF CERTAIN EMPLOYEES OF INTERNATIONAL ORGANIZATIONS. (a) In General.--Subchapter C of chapter 11 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 2210. CREDIT EQUIVALENT TO LIMITED MARITAL DEDUCTION IN CASE OF CERTAIN EMPLOYEES OF INTERNATIONAL ORGANIZATIONS. ``(a) General Rule.--In the case of a decedent to whom this section applies, the tax determined under section 2001(b) or 2101(b) (whichever is applicable) shall be reduced by the applicable marital transfer credit determined under subsection (c). ``(b) Decedents to Whom Section Applies.--This section shall apply to a decedent if-- ``(1) as of the date of the decedent's death-- ``(A) both the decedent and the surviving spouse of the decedent were not citizens of the United States and not lawful permanent residents of the United States, and ``(B) either the decedent or the surviving spouse of the decedent was a qualified international organization employee, and ``(2) the executor of the decedent's estate waives the benefits of section 2056(d)(2). ``(c) Applicable Marital Transfer Credit.-- ``(1) Estates taxable under section 2001.-- ``(A) In general.--If the estate of the decedent is taxable under section 2001, the applicable marital transfer credit is the excess of-- ``(i) a tentative tax computed under section 2001(c) on the sum of the marital transfer amount plus $600,000, over ``(ii) a tentative tax computed under section 2001(c) on $600,000. If the amount of the adjusted taxable gifts of the decedent exceeds $600,000, the amount of such gifts shall be substituted for `$600,000' in clauses (i) and (ii). ``(B) Limitation on marital transfer amount.--The amount of the marital transfer amount taken into account under subparagraph (A) shall not exceed the lesser of-- ``(i) $600,000, or ``(ii) the excess of the sum referred to in section 2001(b)(1) over $600,000. ``(2) Estates taxable under section 2101.--If the estate of the decedent is taxable under section 2101, the applicable marital transfer credit shall be determined under the principles of paragraph (1) with the following modifications-- ``(A) the $600,000 amount set forth in subparagraph (B)(i) shall be reduced by the deduction equivalent of the unified credit, and ``(B) the deduction equivalent of the unified credit shall be substituted for `$600,000' each place it appears in paragraph (1) other than subparagraph (B)(i). ``(d) Spouse Becomes Citizen.--This section shall not apply in any case in which paragraph (1) of section 2056(d) does not apply by reason of paragraph (4) of such section. ``(e) Other Definitions.--For purposes of this section-- ``(1) Qualified international organization employee.--The term `qualified international organization employee' means any full-time employee of an international organization whose principal place of employment with such organization is in the United States. ``(2) Marital transfer amount.--The term `marital transfer amount' means the amount which would have been allowable as a deduction under section 2056 or 2106(a)(3) (whichever is applicable) if section 2056 were applied without regard to subsection (d) thereof. ``(3) Adjusted taxable gifts.--The term `adjusted taxable gifts' has the same meaning as when used in section 2001 or 2101, whichever is applicable. ``(4) Deduction equivalent of unified credit.--The term `deduction equivalent of unified credit' means, with respect to any estate taxable under section 2101, the amount on which the tentative tax determined under section 2001(c) would equal the unified credit allowed under section 2102(c).'' (b) Clerical Amendment.--The table of sections for subchapter C of chapter 11 of such Code is amended by adding at the end the following new item: ``Sec. 2210. Credit equivalent to limited marital deduction in case of certain employees of international organizations.'' (c) Effective Date.--The amendments made by this section shall apply to the estates of decedents dying after the date of the enactment of this Act.

Amends the Internal Revenue Code to apply, with limitations, an estate tax credit equivalent to the limited marital deduction to a decedent in a case in which, as of the date of the decedent's death: (1) both the decedent and the surviving spouse were noncitizens of, and not lawful permanent residents of, the United States; and (2) either the decedent or his or her surviving spouse was a qualified international organization employee. Defines a qualified international organization employee as a full-time employee of an international organization whose principal place of employment with such organization is in the United States.

To establish for certain employees of international organizations an estate tax credit equivalent to the limited marital deduction.

SECTION 1. SHORT TITLE. This Act may be cited as the ``James Guelff and Chris McCurley Body Armor Act of 2001''. SEC. 2. FINDINGS. Congress finds that-- (1) nationally, police officers and ordinary citizens are facing increased danger as criminals use more deadly weaponry, body armor, and other sophisticated assault gear; (2) crime at the local level is exacerbated by the interstate movement of body armor and other assault gear; (3) there is a traffic in body armor moving in or otherwise affecting interstate commerce, and existing Federal controls over such traffic do not adequately enable the States to control this traffic within their own borders through the exercise of their police power; (4) recent incidents, such as the murder of San Francisco Police Officer James Guelff by an assailant wearing 2 layers of body armor, a 1997 bank shoot out in north Hollywood, California, between police and 2 heavily armed suspects outfitted in body armor, and the 1997 murder of Captain Chris McCurley of the Etowah County, Alabama Drug Task Force by a drug dealer shielded by protective body armor, demonstrate the serious threat to community safety posed by criminals who wear body armor during the commission of a violent crime; (5) of the approximately 1,200 officers killed in the line of duty since 1980, more than 30 percent could have been saved by body armor, and the risk of dying from gunfire is 14 times higher for an officer without a bulletproof vest; (6) the Department of Justice has estimated that 25 percent of State and local police are not issued body armor; (7) the Federal Government is well-equipped to grant local police departments access to body armor that is no longer needed by Federal agencies; and (8) Congress has the power, under the interstate commerce clause and other provisions of the Constitution of the United States, to enact legislation to regulate interstate commerce that affects the integrity and safety of our communities. SEC. 3. DEFINITIONS. In this Act: (1) Body armor.--The term ``body armor'' means any product sold or offered for sale, in interstate or foreign commerce, as personal protective body covering intended to protect against gunfire, regardless of whether the product is to be worn alone or is sold as a complement to another product or garment. (2) Law enforcement agency.--The term ``law enforcement agency'' means an agency of the United States, a State, or a political subdivision of a State, authorized by law or by a government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law. (3) Law enforcement officer.--The term ``law enforcement officer'' means any officer, agent, or employee of the United States, a State, or a political subdivision of a State, authorized by law or by a government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law. SEC. 4. AMENDMENT OF SENTENCING GUIDELINES WITH RESPECT TO BODY ARMOR. (a) In General.--Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall review and amend the Federal sentencing guidelines and the policy statements of the Commission, as appropriate, to provide an appropriate sentencing enhancement for any crime of violence (as defined in section 16 of title 18, United States Code) or drug trafficking crime (as defined in section 924(c) of title 18, United States Code) (including a crime of violence or drug trafficking crime that provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) in which the defendant used body armor. (b) Sense of Congress.--It is the sense of Congress that any sentencing enhancement under this section should be at least 2 levels. SEC. 5. PROHIBITION OF PURCHASE, USE, OR POSSESSION OF BODY ARMOR BY VIOLENT FELONS. (a) Definition of Body Armor.--Section 921(a) of title 18, United States Code, is amended by adding at the end the following: ``(35) The term `body armor' means any product sold or offered for sale, in interstate or foreign commerce, as personal protective body covering intended to protect against gunfire, regardless of whether the product is to be worn alone or is sold as a complement to another product or garment.''. (b) Prohibition.-- (1) In general.--Chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 931. Prohibition on purchase, ownership, or possession of body armor by violent felons ``(a) In General.--Except as provided in subsection (b), it shall be unlawful for a person to purchase, own, or possess body armor, if that person has been convicted of a felony that is-- ``(1) a crime of violence (as defined in section 16); or ``(2) an offense under State law that would constitute a crime of violence under paragraph (1) if it occurred within the special maritime and territorial jurisdiction of the United States. ``(b) Affirmative Defense.-- ``(1) In general.--It shall be an affirmative defense under this section that-- ``(A) the defendant obtained prior written certification from his or her employer that the defendant's purchase, use, or possession of body armor was necessary for the safe performance of lawful business activity; and ``(B) the use and possession by the defendant were limited to the course of such performance. ``(2) Employer.--In this subsection, the term `employer' means any other individual employed by the defendant's business that supervises defendant's activity. If that defendant has no supervisor, prior written certification is acceptable from any other employee of the business.''. (2) Clerical amendment.--The analysis for chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``931. Prohibition on purchase, ownership, or possession of body armor by violent felons.''. (c) Penalties.--Section 924(a) of title 18, United States Code, is amended by adding at the end the following: ``(7) Whoever knowingly violates section 931 shall be fined under this title, imprisoned not more than 3 years, or both.''. SEC. 6. DONATION OF FEDERAL SURPLUS BODY ARMOR TO STATE AND LOCAL LAW ENFORCEMENT AGENCIES. (a) Definitions.--In this section, the terms ``Federal agency'' and ``surplus property'' have the meanings given such terms under section 3 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 472). (b) Donation of Body Armor.--Notwithstanding section 203 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 484), the head of a Federal agency may donate body armor directly to any State or local law enforcement agency, if such body armor-- (1) is in serviceable condition; (2) is surplus property; and (3) meets or exceeds the requirements of National Institute of Justice Standard 0101.03 (as in effect on the date of enactment of this Act). (c) Notice to Administrator.--The head of a Federal agency who donates body armor under this section shall submit to the Administrator of General Services a written notice identifying the amount of body armor donated and each State or local law enforcement agency that received the body armor. (d) Donation by Certain Officers.-- (1) Department of justice.--In the administration of this section with respect to the Department of Justice, in addition to any other officer of the Department of Justice designated by the Attorney General, the following officers may act as the head of a Federal agency: (A) The Administrator of the Drug Enforcement Administration. (B) The Director of the Federal Bureau of Investigation. (C) The Commissioner of the Immigration and Naturalization Service. (D) The Director of the United States Marshals Service. (2) Department of the treasury.--In the administration of this section with respect to the Department of the Treasury, in addition to any other officer of the Department of the Treasury designated by the Secretary of the Treasury, the following officers may act as the head of a Federal agency: (A) The Director of the Bureau of Alcohol, Tobacco, and Firearms. (B) The Commissioner of Customs. (C) The Director of the United States Secret Service. (e) No Liability.--Notwithstanding any other provision of law, the United States shall not be liable for any harm occurring in connection with the use or misuse of any body armor donated under this section. Passed the Senate May 14, 2001. Attest: GARY SISCO, Secretary.

James Guelff and Chris McCurley Body Armor Act of 2001 - Directs the United States Sentencing Commission to review and amend the Federal sentencing guidelines and policy statements to provide an appropriate enhancement for any crime of violence or drug trafficking crime in which the defendant used body armor. Expresses the sense of Congress that any such sentencing enhancement be at least two levels.Amends the Brady Handgun Violence Prevention Act to prohibit the purchase, ownership, or possession of body armor by violent felons. Makes it an affirmative defense that: (1) the defendant obtained prior written certification from his or her employer that the defendant's purchase, use, or possession of body armor was necessary for the safe performance of lawful business activity; and (2) the use and possession by the defendant were limited to the course of such performance. Sets penalties for violations.Authorizes the head of a Federal agency to donate body armor that is surplus property and in serviceable condition, and that meets or exceeds National Institute of Justice Standard 0101.03, directly to any State or local law enforcement agency. Allows specified officials in the Treasury and Justice Departments to act as the head of a Federal agency.Specifies that the United States shall not be liable for any harm occurring in connection with the use or misuse of any body armor donated under this Act.

A bill to limit access to body armor by violent felons and to facilitate the donation of Federal surplus body armor to State and local law enforcement agencies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Autism Collaboration, Accountability, Research, Education, and Support Act of 2014'' or the ``Autism CARES Act of 2014''. SEC. 2. NATIONAL AUTISM SPECTRUM DISORDER INITIATIVE. (a) In General.--The Secretary of Health and Human Services shall designate an existing official within the Department of Health and Human Services to oversee, in consultation with the Secretaries of Defense and Education, national autism spectrum disorder research, services, and support activities. (b) Duties.--The official designated under subsection (a) shall-- (1) implement autism spectrum disorder activities, taking into account the strategic plan developed by the Interagency Autism Coordinating Committee under section 399CC(b) of the Public Health Service Act (42 U.S.C. 280i-2(b)); and (2) ensure that autism spectrum disorder activities of the Department of Health and Human Services and of other Federal departments and agencies are not unnecessarily duplicative. SEC. 3. RESEARCH PROGRAM. Section 399AA of the Public Health Service Act (42 U.S.C. 280i) is amended-- (1) in subsection (a)(1), by inserting ``for children and adults'' after ``reporting of State epidemiological data''; (2) in subsection (b)(1)-- (A) by striking ``establishment of regional centers of excellence'' and inserting ``establishment or support of regional centers of excellence''; and (B) by inserting ``for children and adults'' before the period at the end; (3) in subsection (b)(2), by striking ``center to be established'' and inserting ``center to be established or supported''; and (4) in subsection (e), by striking ``2014'' and inserting ``2019''. SEC. 4. AUTISM INTERVENTION. Section 399BB of the Public Health Service Act (42 U.S.C. 280i-1) is amended-- (1) in subsection (b)(1), by inserting ``culturally competent'' after ``provide''; (2) in subsection (c)(2)(A)(ii), by inserting ``(which may include respite care for caregivers of individuals with an autism spectrum disorder)'' after ``services and supports''; (3) in subsection (e)(1)(B)(v), by inserting before the semicolon the following: ``, which may include collaborating with research centers or networks to provide training for providers of respite care (as defined in section 2901)''; (4) in subsection (f), by striking ``grants or contracts'' and all that follows through ``for individuals with'' and inserting ``grants or contracts, which may include grants or contracts to research centers or networks, to determine the evidence-based practices for interventions to improve the physical and behavioral health of individuals with''; and (5) in subsection (g), by striking ``2014'' and inserting ``2019''. SEC. 5. INTERAGENCY AUTISM COORDINATING COMMITTEE. Section 399CC of the Public Health Service Act (42 U.S.C. 280i-2) is amended-- (1) in subsection (b)-- (A) in paragraph (1)-- (i) by striking ``and annually update''; and (ii) by striking ``intervention'' and inserting ``interventions, including school and community-based interventions''; (B) by striking paragraph (2); (C) by redesignating paragraph (1) as paragraph (2), and inserting before such redesignated paragraph the following: ``(1) monitor autism spectrum disorder research, and to the extent practicable services and support activities, across all relevant Federal departments and agencies, including coordination of Federal activities with respect to autism spectrum disorder;''; (D) in paragraph (3), by striking ``recommendations to the Director of NIH''; (E) in paragraph (4), by inserting before the semicolon the following: ``, and the process by which public feedback can be better integrated into such decisions''; and (F) by striking paragraphs (5) and (6) and inserting the following: ``(5) develop a strategic plan for the conduct of, and support for, autism spectrum disorder research, including as practicable for services and supports, for individuals with an autism spectrum disorder and the families of such individuals, which shall include-- ``(A) proposed budgetary requirements; and ``(B) recommendations to ensure that autism spectrum disorder research, and services and support activities to the extent practicable, of the Department of Health and Human Services and of other Federal departments and agencies are not unnecessarily duplicative; and ``(6) submit to Congress and the President-- ``(A) an annual update on the summary of advances described in paragraph (2); and ``(B) an annual update to the strategic plan described in paragraph (5), including any progress made in achieving the goals outlined in such strategic plan.''; (2) in subsection (c)-- (A) in paragraph (1)-- (i) by striking the paragraph designation, the heading, and the matter preceding subparagraph (A) and inserting the following: ``(1) Federal membership.--The Committee shall be composed of the following Federal members--''; (ii) in subparagraph (C)-- (I) by inserting ``, such as the Administration for Community Living, Administration for Children and Families, the Centers for Medicare & Medicaid Services, the Food and Drug Administration, and the Health Resources and Services Administration'' before the semicolon at the end; and (II) by adding at the end ``and''; (iii) in subparagraph (D)-- (I) by inserting ``and the Department of Defense'' after ``Department of Education''; and (II) by striking at the end ``; and'' and inserting a period; and (iv) by striking subparagraph (E); (B) in paragraph (2)-- (i) in the paragraph heading, by striking ``Additional'' and inserting ``Non-federal''; (ii) in the matter preceding subparagraph (A), by striking ``Not fewer than 6 members of the Committee, or \1/3\ of the total membership of the Committee, whichever is greater'' and inserting ``Not more than \1/2\, but not fewer than \1/3\, of the total membership of the Committee''; (iii) in subparagraph (A), by striking ``one such member shall be an individual'' and inserting ``two such members shall be individuals''; (iv) in subparagraph (B), by striking ``one such member shall be a parent or legal guardian'' and inserting ``two such members shall be parents or legal guardians''; and (v) in subparagraph (C), by striking ``one such member shall be a representative'' and inserting ``two such members shall be representatives''; and (C) by adding at the end the following: ``(3) Period of appointment; vacancies.-- ``(A) Period of appointment for non-federal members.--Non- Federal members shall serve for a term of 4 years, and may be reappointed for one or more additional 4-year terms. ``(B) Vacancies.--A vacancy on the Committee shall be filled in the manner in which the original appointment was made and shall not affect the powers or duties of the Committee. Any member appointed to fill a vacancy for an unexpired term shall be appointed for the remainder of such term. A member may serve after the expiration of the member's term until a successor has been appointed.''; (3) in subsection (d)-- (A) by striking paragraph (2); and (B) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and (4) in subsection (f), by striking ``2014'' and inserting ``2019''. SEC. 6. REPORTS. Section 399DD of the Public Health Service Act (42 U.S.C. 280i-3) is amended-- (1) in the section heading, by striking ``report'' and inserting ``reports''; (2) in subsection (b), by redesignating paragraphs (1) through (9) as subparagraphs (A) through (I), respectively, and realigning the margins accordingly; (3) by redesignating subsections (a) and (b) as paragraphs (1) and (2), respectively, and realigning the margins accordingly; (4) by inserting after the section heading the following: ``(a) Progress Report.--''; (5) in subsection (a)(1) (as so redesignated)-- (A) by striking ``2 years after the date of enactment of the Combating Autism Reauthorization Act of 2011'' and inserting ``4 years after the date of enactment of the Autism CARES Act of 2014''; (B) by inserting ``and the Secretary of Defense'' after ``the Secretary of Education''; and (C) by inserting ``, and make publicly available, including through posting on the Internet Web site of the Department of Health and Human Services,'' after ``Representatives''; and (6) in subsection (a)(2) (as so redesignated)-- (A) in subparagraph (A), (as so redesignated), by striking ``Combating Autism Act of 2006'' and inserting ``Autism CARES Act of 2014''; (B) in subparagraph (B) (as so redesignated), by striking ``particular provisions of Combating Autism Act of 2006'' and inserting ``amendments made by the Autism CARES Act of 2014''; (C) by striking subparagraph (C) (as so redesignated), and inserting the following: ``(C) information on the incidence and prevalence of autism spectrum disorder, including available information on the prevalence of autism spectrum disorder among children and adults, and identification of any changes over time with respect to the incidence and prevalence of autism spectrum disorder;''; (D) in subparagraph (D) (as so redesignated), by striking ``6-year period beginning on the date of enactment of the Combating Autism Act of 2006'' and inserting ``4-year period beginning on the date of enactment of the Autism CARES Act of 2014 and, as appropriate, how this age varies across population subgroups''; (E) in subparagraph (E) (as so redesignated), by striking ``6-year period beginning on the date of enactment of the Combating Autism Act of 2006'' and inserting ``4-year period beginning on the date of enactment of the Autism CARES Act of 2014 and, as appropriate, how this age varies across population subgroups''; (F) in subparagraph (F) (as so redesignated), by inserting ``and, as appropriate, on how such average time varies across population subgroups'' before the semicolon at the end; (G) in subparagraph (G) (as so redesignated)-- (i) by striking ``including by various subtypes,'' and inserting ``including by severity level as practicable,''; and (ii) by striking ``child may'' and inserting ``child or other factors, such as demographic characteristics, may''; and (H) by striking subparagraph (I) (as so redesignated), and inserting the following: ``(I) a description of the actions taken to implement and the progress made on implementation of the strategic plan developed by the Interagency Autism Coordinating Committee under section 399CC(b).''; and (7) by adding at the end the following new subsection: ``(b) Report on Young Adults and Transitioning Youth.-- ``(1) In general.--Not later than 2 years after the date of enactment of the Autism CARES Act of 2014, the Secretary of Health and Human Services, in coordination with the Secretary of Education and in collaboration with the Secretary of Transportation, the Secretary of Labor, the Secretary of Housing and Urban Development, and the Attorney General, shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, a report concerning young adults with autism spectrum disorder and the challenges related to the transition from existing school-based services to those services available during adulthood. ``(2) Contents.--The report submitted under paragraph (1) shall contain-- ``(A) demographic characteristics of youth transitioning from school-based to community-based supports; ``(B) an overview of policies and programs relevant to young adults with autism spectrum disorder relating to post- secondary school transitional services, including an identification of existing Federal laws, regulations, policies, research, and programs; ``(C) proposals on establishing best practices guidelines to ensure-- ``(i) interdisciplinary coordination between all relevant service providers receiving Federal funding; ``(ii) coordination with transitioning youth and the family of such transitioning youth; and ``(iii) inclusion of the individualized education program for the transitioning youth, as prescribed in section 614 of the Individuals with Disabilities Education Act (20 U.S.C. 1414); ``(D) comprehensive approaches to transitioning from existing school-based services to those services available during adulthood, including-- ``(i) services that increase access to, and improve integration and completion of, post-secondary education, peer support, vocational training (as defined in section 103 of the Rehabilitation Act of 1973 (29 U.S.C. 723)), rehabilitation, self-advocacy skills, and competitive, integrated employment; ``(ii) community-based behavioral supports and interventions; ``(iii) community-based integrated residential services, housing, and transportation; ``(iv) nutrition, health and wellness, recreational, and social activities; ``(v) personal safety services for individuals with autism spectrum disorder related to public safety agencies or the criminal justice system; and ``(vi) evidence-based approaches for coordination of resources and services once individuals have aged out of post-secondary education; and ``(E) proposals that seek to improve outcomes for adults with autism spectrum disorder making the transition from a school-based support system to adulthood by-- ``(i) increasing the effectiveness of programs that provide transition services; ``(ii) increasing the ability of the relevant service providers described in subparagraph (C) to provide supports and services to underserved populations and regions; ``(iii) increasing the efficiency of service delivery to maximize resources and outcomes, including with respect to the integration of and collaboration among services for transitioning youth; ``(iv) ensuring access to all services necessary to transitioning youth of all capabilities; and ``(v) encouraging transitioning youth to utilize all available transition services to maximize independence, equal opportunity, full participation, and self- sufficiency.''. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. Section 399EE of the Public Health Service Act (42 U.S.C. 280i-4) is amended-- (1) in subsection (a), by striking ``fiscal years 2012 through 2014'' and inserting ``fiscal years 2015 through 2019''; (2) in subsection (b), by striking ``fiscal years 2011 through 2014'' and inserting ``fiscal years 2015 through 2019''; and (3) in subsection (c), by striking ``$161,000,000 for each of fiscal years 2011 through 2014'' and inserting ``$190,000,000 for each of fiscal years 2015 through 2019''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was passed by the House on June 24, 2014. Autism Collaboration, Accountability, Research, Education, and Support Act of 2014 or the Autism CARES Act of 2014 - (Sec. 2) Requires the Secretary of Health and Human Services (HHS) to designate an official to oversee national autism spectrum disorder (ASD) research, services, and support activities. Directs the official to implement such activities taking into account the strategic plan developed by the Interagency Autism Coordinating Committee (the Interagency Committee) and ensure that duplication of activities by federal agencies is minimized. Extends through FY2019: (1) the developmental disabilities surveillance and research program; (2) the autism education, early detection, and intervention program; and (3) the Interagency Committee. (Sec. 3) Includes support for regional centers of excellence in ASD and other developmental disabilities epidemiology as a purpose of grants or cooperative agreements. (Sec. 4) Requires information and education activities to be culturally competent. Allows a lead agency coordinating activities at the state level to include respite care for caregivers. Allows the use of research centers or networks for the provision of training in respite care and for research to determine practices for interventions to improve the health of individuals with ASD. (Sec. 5) Revises responsibilities of the Interagency Committee concerning: inclusion of school- and community-based interventions in the Committee summary of advances, monitoring of ASD research and federal services and support activities, recommendations to the Director of the National Institutes of Health regarding the strategic plan, recommendations regarding the process by which public feedback can be better integrated into ASD decisions, strategic plan updates and recommendations to minimize duplication, and reports to the President and Congress. Revises Interagency Committee membership requirements to specify additional federal agencies that might be represented and to modify the non-federal membership. (Sec. 6) Modifies requirements for reports by the Secretary on ASD activities. Adds a requirement for a report to Congress concerning young adults with ASD and the challenges related to the transition from existing school-based services to those available during adulthood. (Sec. 7) Authorizes appropriations to carry out the developmental disabilities surveillance and research program, the education, early detection, and intervention program, and the Interagency Committee for FY2015-FY2019.

Autism Collaboration, Accountability, Research, Education, and Support Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia Employee Suitability Act of 2011''. SEC. 2. CRITERIA FOR MAKING SUITABILITY DETERMINATIONS FOR DISTRICT OF COLUMBIA EMPLOYMENT; REQUIRING CRIMINAL BACKGROUND CHECKS FOR APPOINTMENT TO EXCEPTED SERVICE. (a) In General.--Part B of title IV of the District of Columbia Home Rule Act (sec. 1-204.21 et seq., D.C. Official Code) is amended by adding at the end the following new section: ``requirements for applicants for employment with district of columbia government ``Sec. 425. (a) Criteria for Suitability Determinations.-- ``(1) In general.--Except as provided in paragraph (2), in determining whether an individual is suitable for employment with the District of Columbia Government, the hiring authority involved may find an individual unsuitable and take a suitability action only on the basis of the following factors: ``(A) Misconduct or negligence in employment. ``(B) Criminal or dishonest conduct. ``(C) Material, intentional false statement, or deception or fraud in examination or appointment. ``(D) Alcohol abuse, without evidence of substantial rehabilitation, of a nature and duration that suggests that the applicant or appointee would be prevented from performing the duties of the position in question, or would constitute a direct threat to the property or safety of the applicant or appointee or others. ``(E) Illegal use of narcotics, drugs, or other controlled substances without evidence of substantial rehabilitation. ``(F) Knowing and willful engagement in acts or activities designed to overthrow the United States Government by force. ``(G) Any statutory or regulatory bar which prevents the lawful employment of the individual involved in the position in question. ``(2) Additional considerations.--In addition to the factors described in paragraph (1), the hiring authority may consider any of the following factors with respect to an individual's suitability for employment to the extent that it considers such factors pertinent with respect to the individual involved: ``(A) The nature of the position for which the individual is applying or in which the individual is employed. ``(B) The nature and seriousness of the conduct. ``(C) The circumstances surrounding the conduct. ``(D) How recently the conduct occurred. ``(E) The age of the individual involved at the time of the conduct. ``(F) Contributing societal conditions. ``(G) The absence or presence of rehabilitation or efforts toward rehabilitation. ``(3) Reciprocity.--A hiring authority cannot make a new determination under this subsection for an individual who has already been determined suitable or fit based on character or conduct unless a new investigation is required under the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (or any successor law governing a merit personnel system for the District of Columbia), or no new investigation is required but the investigative record on file for the individual shows conduct that is incompatible with the core duties of the relevant covered position. ``(4) Scope of coverage.--This subsection shall apply to any office in the executive branch of the District of Columbia Government and to any independent agency of the District of Columbia established under part F of this title, but does not apply to the Council or the courts of the District of Columbia. ``(5) Effective date.--This subsection applies with respect to individuals who seek employment with the District of Columbia Government after the date of the enactment of this section. ``(b) Criminal Background Checks for Appointment to Excepted Service.-- ``(1) Requirement.--An individual may not be appointed to any position in the excepted service under the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (or any successor law governing a merit personnel system for the District of Columbia) unless the individual applies for and submits to a criminal background check in accordance with the Criminal Background Checks for the Protection of Children Act of 2004 and the regulations issued to carry out such Act. ``(2) Administration.--For purposes of this section, the Criminal Background Checks for the Protection of Children Act of 2004 shall apply to an individual seeking appointment to a position in the excepted service in the same manner as such Act applies to an individual applying for paid employment by a covered child or youth services provider under such Act. ``(3) Effective date.--This subsection applies with respect to individuals who are appointed to positions in the excepted service after the date of the enactment of this section.''. (b) Clerical Amendment.--The table of contents of the District of Columbia Home Rule Act is amended by adding at the end of the item relating to part B of title IV the following new item: ``Sec. 425. Requirements for applicants for employment with District of Columbia Government.''.

District of Columbia Employee Suitability Act of 2011 - Amends the District of Columbia Home Rule Act to establish criteria to determine whether an individual is suitable for employment with the District of Columbia government. Authorizes the hiring authority involved, subject to exceptions, to find an individual unsuitable and take a suitability action only on the basis of: (1) misconduct or negligence in employment; (2) criminal or dishonest conduct; (3) material, intentional false statement, or deception or fraud in examination or appointment; (4) alcohol abuse of a specified character; (5) illegal use of narcotics, drugs, or other controlled substances without evidence of substantial rehabilitation; (6) knowing and willful engagement in acts or activities designed to overthrow the U.S. government by force; and (7) any statutory or regulatory bar preventing the lawful employment of the individual involved in the position in question. Specifies additional factors the hiring authority may consider. Prohibits a hiring authority from making a new determination under this Act for an individual who has already been determined suitable or fit based on character or conduct unless: (1) a new investigation is required under the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (Merit Personnel Act) or any successor law, or (2) no new investigation is required but the investigative record on file for the individual shows conduct incompatible with the core duties of the relevant covered position. Makes such suitability determination factors: (1) applicable to any office in the District of Columbia executive branch and to any District of Columbia independent agency, and (2) inapplicable to the Council and courts of the District of Columbia. Prohibits appointments to any position in the excepted service under the Merit Personnel Act unless the individual applies for and submits to a criminal background check in accordance with the Criminal Background Checks for the Protection of Children Act of 2004.

To amend the District of Columbia Home Rule Act to establish factors for making determinations on the suitability of individuals for employment with the District of Columbia Government, to require individuals to undergo criminal background checks as a condition of appointment in the excepted service of the District Government, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Property Rights Implementation Act of 2006''. SEC. 2. JURISDICTION IN CIVIL RIGHTS CASES CONCERNING REAL PROPERTY. Section 1343 of title 28, United States Code, is amended by adding at the end the following: ``(c) Whenever a district court exercises jurisdiction under subsection (a) in an action in which the operative facts concern the uses of real property, it shall not abstain from exercising or relinquish its jurisdiction to a State court if the party seeking redress does not allege a violation of a State law, right, or privilege, and no parallel proceeding is pending in State court, at the time the action is filed in the district court, that arises out of the same operative facts as the district court proceeding. ``(d) In an action in which the operative facts concern the uses of real property, the district court shall exercise jurisdiction under subsection (a) even if the party seeking redress does not pursue judicial remedies provided by a State or territory of the United States. ``(e) If the district court has jurisdiction over an action under subsection (a) in which the operative facts concern the uses of real property and which cannot be decided without resolution of an unsettled question of State law, the district court may certify the question of State law to the highest appellate court of that State. After the State appellate court resolves the question so certified, the district court shall proceed with resolving the merits. The district court shall not certify a question of State law under this subsection unless the question of State law-- ``(1) is necessary to resolve the merits of the Federal claim of the injured party; and ``(2) is patently unclear. ``(f)(1) Any claim or action brought under section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983) to redress the deprivation of a property right or privilege secured by the Constitution shall be ripe for adjudication by the district courts upon a final decision rendered by any person acting under color of any statute, ordinance, regulation, custom, or usage, of any State or territory of the United States, which causes actual and concrete injury to the party seeking redress. ``(2) For purposes of this subsection, a final decision exists if-- ``(A) any person acting under color of any statute, ordinance, regulation, custom, or usage, of any State or territory of the United States, makes a definitive decision regarding the extent of permissible uses on the property that has been allegedly infringed or taken, without regard to any uses that may be permitted elsewhere; and ``(B) one meaningful application to use the property has been submitted but denied, and the party seeking redress has applied for but is denied one waiver and one appeal, if the applicable statute, ordinance, regulation, custom, or usage provides a mechanism for waiver by or appeal to an administrative agency. The party seeking redress shall not be required to apply for a waiver or appeal described in subparagraph (B) if such waiver or appeal is unavailable or can not provide the relief requested, or if pursuit of such a mechanism would otherwise be futile.''. SEC. 3. UNITED STATES AS DEFENDANT. Section 1346 of title 28, United States Code, is amended by adding at the end the following: ``(h)(1) Any claim brought under subsection (a) that is founded upon a property right or privilege secured by the Constitution, but was allegedly infringed or taken by the United States, shall be ripe for adjudication upon a final decision rendered by the United States, which causes actual and concrete injury to the party seeking redress. ``(2) For purposes of this subsection, a final decision exists if-- ``(A) the United States makes a definitive decision regarding the extent of permissible uses on the property that has been allegedly infringed or taken, without regard to any uses that may be permitted elsewhere; and ``(B) one meaningful application to use the property has been submitted but denied, and the party seeking redress has applied for but is denied one waiver and one appeal, if the applicable law of the United States provides a mechanism for waiver by or appeal to an administrative agency. The party seeking redress shall not be required to apply for a waiver or appeal described in subparagraph (B) if such waiver or appeal is unavailable or can not provide the relief requested, or if pursuit of such a mechanism would otherwise be futile.''. SEC. 4. JURISDICTION OF COURT OF FEDERAL CLAIMS. Section 1491(a) of title 28, United States Code, is amended by adding at the end the following: ``(3) Any claim brought under this subsection founded upon a property right or privilege secured by the Constitution, but allegedly infringed or taken by the United States, shall be ripe for adjudication upon a final decision rendered by the United States, that causes actual and concrete injury to the party seeking redress. For purposes of this paragraph, a final decision exists if-- ``(A) the United States makes a definitive decision regarding the extent of permissible uses on the property that has been allegedly infringed or taken, without regard to any uses that may be permitted elsewhere; and ``(B) one meaningful application to use the property has been submitted but denied, and the party seeking redress has applied for but is denied one waiver and one appeal, if the applicable statute, ordinance, regulation, custom, or usage provides a mechanism for waiver by or appeal to an administrative agency. The party seeking redress shall not be required to apply for a waiver or appeal described in subparagraph (B) if such waiver or appeal is unavailable or can not provide the relief requested, or if pursuit of such a mechanism would otherwise be futile.''. SEC. 5. CLARIFICATION FOR CERTAIN CONSTITUTIONAL PROPERTY RIGHTS CLAIMS. Section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983) is amended by adding at the end the following: ``If the party injured seeks to redress the deprivation of a property right or privilege under this section that is secured by the Constitution by asserting a claim that concerns-- ``(1) an approval to develop real property that is subject to conditions or exactions, then the person acting under color of State law is liable if any such condition or exaction, whether legislative or adjudicatory in nature, including but not limited to the payment of a monetary fee or a dedication of real property from the injured party, is unconstitutional; ``(2) a subdivision of real property pursuant to any statute, ordinance, regulation, custom, or usage of any State or territory, or the District of Columbia, then such a claim shall be decided with reference to each subdivided lot, regardless of ownership, if such a lot is taxed, or is otherwise treated and recognized, as an individual property unit by the State, territory, or the District of Columbia; or ``(3) alleged deprivation of substantive due process, then the action of the person acting under color of State law shall be judged as to whether it is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. For purposes of the preceding sentence, `State law' includes any law of the District of Columbia or of any territory of the United States.''. SEC. 6. CLARIFICATION FOR CERTAIN CONSTITUTIONAL PROPERTY RIGHTS CLAIMS AGAINST THE UNITED STATES. (a) District Court Jurisdiction.--Section 1346 of title 28, United States Code, is amended by adding at the end the following: ``(i) If a claim brought under subsection (a) is founded upon a property right or privilege secured by the Constitution that concerns-- ``(1) an approval from an executive agency to permit or authorize uses of real property that is subject to conditions or exactions, then the United States is liable if any such condition or exaction, whether legislative or adjudicatory in nature, including but not limited to the payment of a monetary fee or a dedication of real property from the injured party, is unconstitutional; ``(2) a subdivision of real property pursuant to any statute, ordinance, regulation, custom, or usage of any State or territory, or the District of Columbia, then such a claim against an executive agency shall be decided with reference to each subdivided lot, regardless of ownership, if such a lot is taxed, or is otherwise treated and recognized, as an individual property unit by the State or territory, or the District of Columbia, as the case may be; or ``(3) an alleged deprivation of substantive due process, then the United States shall be judged as to whether its action is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. In this subsection, the term `executive agency' has the meaning given that term in section 105 of title 5.''. (b) Court of Federal Claims Jurisdiction.--Section 1491 of title 28, United States Code, is amended by adding at the end the following: ``(4) If a claim brought under subsection (a) is founded upon a property right or privilege secured by the Constitution that concerns-- ``(A) an approval from an executive agency to permit or authorize uses of real property that is subject to conditions or exactions, then the United States is liable if any such condition or exaction, whether legislative or adjudicatory in nature, including but not limited to the payment of a monetary fee or a dedication of real property from the injured party, is unconstitutional; ``(B) a subdivision of real property pursuant to any statute, ordinance, regulation, custom, or usage of any State or territory, or the District of Columbia, then such a claim against an executive agency shall be decided with reference to each subdivided lot, regardless of ownership, if such a lot is taxed, or is otherwise treated and recognized, as an individual property unit by the State, or territory, or the District of Columbia, as the case may be; or ``(C) an alleged deprivation of substantive due process, then the United States shall be judged as to whether its action is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. In this paragraph, the term `executive agency' has the meaning given that term in section 105 of title 5.''. SEC. 7. DUTY OF NOTICE TO OWNERS. (a) In General.--Whenever a Federal agency takes an agency action limiting the use of private property that may be affected by the amendments by this Act, the agency shall, not later than 30 days after the agency takes that action, give notice to the owners of that property explaining their rights under such amendments and the procedures for obtaining any compensation that may be due them under such amendments. (b) Definitions.--For purposes of subsection (a)-- (1) the term ``Federal agency'' means ``agency'', as that term is defined in section 552(f) of title 5, United States Code; and (2) the term ``agency action'' has the meaning given that term in section 551 of title 5, United States Code. SEC. 8. SEVERABILITY AND EFFECTIVE DATE. (a) Severability.--If any provision of this Act or the amendments made by this Act or the application thereof to any person or circumstance is held invalid, the remainder of this Act, the amendments made by this Act, or the application thereof to other persons not similarly situated or to other circumstances shall not be affected by such invalidation. (b) Effective Date.--The amendments made by this Act shall apply to actions commenced on or after the date of the enactment of this Act. Passed the House of Representatives September 29, 2006. Attest: KAREN L. HAAS, Clerk.

Private Property Rights Implementation Act of 2006 - (Sec. 2) Amends the federal judicial code to provide that, whenever a district court exercises jurisdiction in civil rights cases in which the operative facts concern the uses of real property, it shall not abstain from exercising such jurisdiction, or relinquish it to a state court, if the party seeking redress does not allege a violation of a state law, right, or privilege, and no parallel proceeding is pending in state court, at the time the action is filed in the district court, that arises out of the same operative facts as the district court proceeding. Declares that in an action in which operative facts concern the uses of real property, the district court shall exercise jurisdiction even if the party seeking redress does not pursue judicial remedies provided by a state or territory. Provides for referral of an unsettled question of state law to the state's highest appellate court. Prohibits the district court from certifying a question of state law unless it is necessary to resolve the merits of the injured party's federal claim, and such question is patently unclear. Declares that any claim or action to redress the deprivation of a property right or privilege secured by the Constitution shall be ripe for adjudication by the district courts upon a final decision rendered by any person acting under color of any law, regulation, custom, or usage of any state or U.S. territory that causes actual and concrete injury to the party seeking redress. (Sec. 3) Declares that any claim founded upon a property right or privilege secured by the Constitution, but allegedly infringed or taken by the United States, shall be ripe for adjudication upon a final decision rendered by the United States which causes actual and concrete injury to the party seeking redress. (Sec. 5) Amends the Revised Statutes of the United States with respect to certain Constitutional property rights claims. (Sec. 6) Provides for the liability of the United States for certain claims, brought under U.S. district court jurisdiction or Court of Federal Claims jurisdiction, where the claim is founded upon a property right or privilege secured by the Constitution. Makes the United States liable for a claim where an executive agency has permitted or authorized uses of real property subject to conditions or exactions, if any such condition or exaction, whether legislative or adjudicatory in nature, including the payment of a monetary fee or a dedication of real property from the injured party, is unconstitutional. Declares that whenever a claim against an executive agency concerns a subdivision of real property pursuant to any state or territorial law, regulation, custom, or usage, then it shall be decided with reference to each subdivided lot, regardless of ownership, if such a lot is taxed, or otherwise treated and recognized by the state or territory, as an individual property unit. States that, if a claim alleges deprivation of substantive due process, the United States shall be judged as to whether its action is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. (Sec. 7) Requires a federal agency, whenever it takes action limiting the use of private property that may be affected by the amendments made by this Act, to give notice to the owners of that property explaining their rights and the procedures for obtaining any compensation that may be due to them under such amendments.

To simplify and expedite access to the Federal courts for injured parties whose rights and privileges under the United States Constitution have been deprived by final actions of Federal agencies or other government officials or entities acting under color of State law, and for other purposes.

SECTION 1. OFFICES AND PERSONNEL FOR SEXUAL ASSAULT PREVENTION AND RESPONSE WITHIN THE ARMED FORCES. (a) Offices Under Chiefs of Staff of the Armed Forces Required.-- (1) In general.--Each Chief of Staff of an Armed Force specified in paragraph (2) shall establish and maintain within the office of such Chief of Staff an office on the sexual assault prevention and response program carried out by such Armed Force. (2) Chiefs of staff.--The Chiefs of Staff of the Armed Forces specified in this paragraph are as follows: (A) The Chief of Staff of the Army. (B) The Chief of Naval Operations. (C) The Chief of Staff of the Air Force. (D) The Commandant of the Marine Corps. (3) Head.--The head of an office established under this subsection shall be selected by the Chief of Staff concerned from among members of the Armed Forces and civilian employees of the Department of Defense using the selection process used by the Chief of Staff to fill nominative billets. (4) Supervision and reporting.--The head of an office established under this subsection shall be subject to the direct supervision of, and shall report directly to, the Chief of Staff concerned regarding the activities of the office and the sexual assault prevention and response program or programs of the Armed Force concerned. (5) Selection of sexual assault prevention and response personnel through nominative billet process.--The head of each office established under this subsection shall ensure that any individual, whether a member of the Armed Forces or a civilian employee of the Department of Defense, who is selected for assignment in such office to a position that includes responsibility for sexual assault prevention and response within the Armed Forces is selected for assignment using a selection process used to fill nominative billets. (b) Reports on Offices Under the Military Departments.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, each Secretary of a military department shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth an assessment of the feasibility and advisability of establishing and maintaining within the office of such Secretary an office on the sexual assault prevention and response program carried out by such military department. (2) Elements.--Each assessment under paragraph (1) shall assume the following with respect to the office covered by such assessment: (A) That the head of the office shall be selected by the Secretary of the military department concerned from among members of the Armed Forces and civilian employees of the Department of Defense using the selection process used by such Secretary to fill nominative billets. (B) That the head of the office shall be subject to the direct supervision of, and shall report directly to, the Secretary of the military department concerned regarding the activities of the office and the sexual assault prevention and response program or programs of the military department. (C) That the head of the office shall ensure that any individual, whether a member of the Armed Forces or a civilian employee of the Department of Defense, who is selected for assignment in such office to a position that includes responsibility for sexual assault prevention and response within the Armed Forces is selected for assignment using a selection process used to fill nominative billets. (c) Report on Selection of Personnel for Positions Under Armed Forces Programs.--Not later than 90 days after the date of the enactment of this Act, each Secretary of a military department shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth an assessment of the feasibility and advisability of selecting the members of the Armed Forces and other personnel to be assigned to positions under the jurisdiction of such Secretary that include responsibility for sexual assault prevention and response within the Armed Forces, including Sexual Assault Prevention and Response Coordinators and Sexual Assault Prevention and Response Victim Advocates, through the selection process used by such military department to fill nominative billets.

Requires each Chief of Staff of the Armed Forces to establish and maintain an office within such Chief of Staff on the sexual assault prevention and response program carried out by that armed force. Directs each military department Secretary to submit to the congressional defense committees an assessment of the feasibility and advisability of: (1) establishing such an office within each department, and (2) selecting members of the Armed Forces and department personnel to be assigned to positions that include responsibility for sexual assault prevention and response within the Armed Forces.

A bill to provide for offices on sexual assault prevention and response under the Chiefs of Staff of the Armed Forces, to require reports on additional offices and selection of sexual assault prevention and response personnel, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayer Exposure Mitigation Act of 2017''. SEC. 2. OPT-OUT OF MANDATORY COVERAGE REQUIREMENT FOR COMMERCIAL PROPERTIES. (a) Amendments to Flood Disaster Protection Act of 1973.--The Flood Disaster Protection Act of 1973 is amended-- (1) in section 3(a) (42 U.S.C. 4003(a))-- (A) in paragraph (10), by striking ``and'' at the end; (B) in paragraph (11), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(12) `residential improved real estate' means improved real estate that-- ``(A) is primarily used for residential purposes, as defined by the Federal entities for lending regulation; and ``(B) secures financing or financial assistance provided through a federally related single family loan progam, as defined by the Federal entities for lending regulation.''; and (2) in section 102 (42 U.S.C. 4012a)-- (A) in subsection (b)-- (i) in paragraph (1)(A)-- (I) by inserting ``residential'' before ``improved real estate''; and (II) by inserting ``residential'' before ``building or mobile home''; (ii) in paragraph (2)-- (I) by inserting ``residential'' before ``improved real estate''; and (II) by inserting ``residential'' before ``building or mobile home''; and (iii) in paragraph (3)-- (I) in subparagraph (A), by inserting ``residential'' before ``improved real estate''; and (II) in the matter after and below subparagraph (B), by inserting ``residential'' before ``building or mobile home''; (B) in subsection (c)(3), by striking ``, in the case of any residential property, for any structure that is a part of such property'' and inserting ``for any structure that is part of a residential property''; (C) in subsection (e)-- (i) in paragraph (1)-- (I) by inserting ``residential'' before ``improved real estate''; and (II) by inserting ``residential'' before ``building or mobile home'' each place such term appears; and (ii) in paragraph (5)-- (I) in subparagraph (A)-- (aa) by inserting ``residential'' before ``improved real estate'' each place such term appears; and (bb) by inserting ``residential'' before ``building or mobile home'' each place such term appears; (II) in subparagraph (B), by inserting ``residential'' before ``building or mobile home'' each place such term appears; and (III) in subparagraph (C), by inserting ``residential'' before ``building or mobile home''; and (D) in subsection (h)-- (i) by inserting ``residential'' before ``improved real estate'' each place such term appears; and (ii) in the matter preceding paragraph (1), by inserting ``residential'' before ``building or mobile home''. (b) Amendments to National Flood Insurance Act of 1968.--The National Flood Insurance Act of 1968 is amended-- (1) in section 1364(a) (42 U.S.C. 4104a(a))-- (A) in paragraph (1), by inserting ``residential'' before ``improved real estate''; (B) in paragraph (2), by inserting ``residential'' before ``improved real estate''; and (C) in paragraph (3)(A), by inserting ``residential'' before ``building''; (2) in section 1365 (42 U.S.C. 4104b)-- (A) in subsection (a)-- (i) by inserting ``residential'' before ``improved real estate''; and (ii) by inserting ``residential'' before ``building''; (B) in subsection (b)(2)-- (i) by inserting ``residential'' before ``building'' each place such term appears; and (ii) by inserting ``residential'' before ``improved real estate'' each place such term appears; (C) in subsection (d), by inserting ``residential'' before ``improved real estate'' each place such term appears; and (D) in subsection (e)-- (i) by inserting ``residential'' before ``improved real estate''; and (ii) by inserting ``residential'' before ``building'' each place such term appears; and (3) in section 1370 (42 U.S.C. 4121)-- (A) in paragraph (8), by inserting ``residential'' before ``improved real estate''; (B) by redesignating paragraphs (14) and (15) as paragraphs (15) and (16), respectively; and (C) by inserting after paragraph (13) the following new paragraph: ``(14) the term `residential improved real estate' means improved real estate that-- ``(A) is primarily used for residential purposes, as defined by the Federal entities for lending regulation; and ``(B) secures financing or financial assistance provided through a federally related single family loan progam, as defined by the Federal entities for lending regulation;''. (c) Rule of Construction.--This section and the amendments made by this section may not be construed to prohibit the Administrator of the Federal Emergency Management Agency from offering flood insurance coverage under the National Flood Insurance Program for eligible non- residential properties, other residential multifamily properties, or structures financed with commercial loans, or to prohibit the purchase of such coverage for such eligible properties. SEC. 3. RISK TRANSFER REQUIREMENT. Subsection (e) of section 1345 of the National Flood Insurance Act of 1968 (42 U.S.C. 4081(e)) is amended-- (1) by striking ``(e) Risk Transfer.--The Administrator'' and inserting the following: ``(e) Risk Transfer.-- ``(1) Authority.--The Administrator''; and (2) by adding at the end the following new paragraph: ``(2) Required risk transfer coverage.-- ``(A) Requirement.--Not later than the expiration of the 18-month period beginning upon the date of the enactment of this paragraph and at all times thereafter, the Administrator shall annually cede a portion of the risk of the flood insurance program under this title to the private reinsurance or capital markets, or any combination thereof, and at rates and terms that the Administrator determines to be reasonable and appropriate, in an amount that-- ``(i) is sufficient to maintain the ability of the program to pay claims; and ``(ii) manages and limits the annual exposure of the flood insurance program to flood losses in accordance with the probable maximum loss target established for such year under subparagraph (B). ``(B) Probable maximum loss target.--The Administrator shall for each fiscal year, establish a probable maximum loss target for the national flood insurance program that shall be the maximum probable loss under the national flood insurance program that is expected to occur in such fiscal year. ``(C) Considerations.--In establishing the probable maximum loss target under subparagraph (B) for each fiscal year and carrying out subparagraph (A), the Administrator shall consider-- ``(i) the probable maximum loss targets for other United States public natural catastrophe insurance programs, including as State wind pools and earthquake programs; ``(ii) the probable maximum loss targets of other risk management organizations, including the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation; ``(iii) catastrophic, actuarial, and other appropriate data modeling results of the national flood insurance program portfolio; ``(iv) the availability of funds in the National Flood Insurance Fund established under section 1310 (42 U.S.C. 4017); ``(v) the availability of funds in the National Flood Insurance Reserve Fund established under section 1310A (42 U.S.C. 4017a); ``(vi) the availability of borrowing authority under section 1309 (42 U.S.C. 4016); ``(vii) the ability of the Administrator to repay outstanding debt; ``(viii) amounts appropriated to the Administrator to carry out the national flood insurance program; ``(ix) reinsurance, capital markets, catastrophe bonds, collateralized reinsurance, resilience bonds, and other insurance-linked securities, and other risk transfer opportunities; and ``(x) any other factor the Administrator determines appropriate. ``(D) Multi-year contracts.--Nothing in this paragraph may be construed to prevent or prohibit the Administrator from complying with the requirement under subparagraph (A) regarding ceding risk through contracts having a duration longer than one year.''. SEC. 4. COMMUNITY FLOOD MAPS. (a) Technical Mapping Advisory Council.--Section 100215 of the Biggert-Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 4101a) is amended-- (1) in subsection (c)-- (A) in paragraph (5)(B), by striking ``and'' at the end; (B) by redesignating paragraph (6) as paragraph (9); and (C) by inserting after paragraph (5) the following new paragraphs: ``(6) recommend to the Administrator methods or actions to make the flood mapping processes more efficient; ``(7) recommend to the Administrator methods or actions to minimize any cost, data, and paperwork requirements of the flood mapping processes; ``(8) assist communities, and in particular smaller communities, in locating the resources required to participate in the development of flood elevations and flood hazard area designations; and''; and (2) by adding at the end the following new subsection: ``(m) Community Flood Maps.-- ``(1) Standards and procedures.--In addition to the other duties of the Council under this section, not later than the expiration of the 12-month period beginning on the date of the enactment of this subsection, the Council shall recommend to the Administrator standards and requirements for chief executive officers, or entities designated by chief executive officers, of States and communities participating in the National Flood Insurance Program to use in mapping flood hazards located in States and communities that choose to develop alternative maps to the flood insurance rate maps developed by the Agency. The recommended standards and requirements shall include procedures for providing notification and appeal rights to individuals within the communities of the proposed flood elevation determinations. ``(2) Exemption from rulemaking.--Until such time as the Administrator promulgates regulations implementing paragraph (1) of this subsection, the Administrator may, notwithstanding any other provision of law, adopt policies and procedures necessary to implement such paragraphs without undergoing notice and comment rulemaking and without conducting regulatory analyses otherwise required by statute, regulation, or executive order.''. (b) FEMA Identification of Flood-prone Areas.--Subsection (a) of section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 4101(a)) is amended-- (1) in paragraph (2), by striking the period at the end and inserting ``; and''; (2) by redesignating paragraphs (1) and (2) as subparagraphs (A), and (B), respectively, and realigning such subparagraphs so as to be indented 4 ems from the left margin; (3) by striking ``is authorized to consult'' and inserting the following: ``is authorized-- ``(1) to consult''; (4) by adding at the end the following new paragraph: ``(2) to receive proposed alternative maps from communities developed pursuant to standards and requirements recommended by the Technical Mapping Advisory Council, as required by section 100215(m) of the Biggert-Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 4101a(m)) and adopted by the Administrator as required by section 100216(c)(3) of such Act (42 U.S.C. 4101b(c)(3)), so that the Administrator may-- ``(A) publish information with respect to all flood plain areas, including coastal areas located in the United States, which have special flood hazards, and ``(B) establish or update flood-risk zone data in all such areas, and make estimates with respect to the rates of probable flood caused loss for the various flood risk zones for each of these areas until the date specified in section 1319.''. (c) National Flood Mapping Program.--Section 100216 of the Biggert- Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 4101b) is amended-- (1) in subsection (a), by inserting ``prepared by the Administrator, or by a community pursuant to section 1360(a)(2) of the National Flood Insurance Act of 1968,'' after ``Program rate maps''; (2) in subsection (c)-- (A) in paragraph (1)(B), by striking ``and'' at the end; (B) in paragraph (2)(C), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following new paragraphs: ``(3) establish and adopt standards and requirements for development by States and communities of alternative flood insurance rate maps to be submitted to the Administrator pursuant to section 1360(a)(2) of the National Flood Insurance Act of 1968, taking into consideration the recommendations of the Technical Mapping Advisory Council made pursuant to section 100215(m) of this Act (42 U.S.C. 4101a(m)); and ``(4) in the case of proposed alternative maps received by the Administrator pursuant to such section 1360(a)(2), not later than the expiration of the 6-month period beginning upon receipt of such proposed alternative maps-- ``(A) determine whether such maps were developed in accordance with the standards and requirements adopted pursuant to paragraph (3) of this subsection; and ``(B) approve or disapprove such proposed maps for use under National Flood Insurance Program.''; and (3) in subsection (d)(1), by inserting ``maximum'' before ``30-day period'' each place such term appears in subparagraphs (B) and (C).

Taxpayer Exposure Mitigation Act of 2017 This bill amends the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973 to limit the required purchase of flood insurance in certain circumstances to only residential properties (currently, the requirement applies to all types of property). It also requires the Federal Emergency Management Agency (FEMA) to annually transfer a portion of the risk from the National Flood Insurance Program (NFIP) to private reinsurance or capital markets. The amount of transferred risk must be based on a probable maximum loss target for NFIP established by FEMA each fiscal year. The bill amends the Biggert-Waters Flood Insurance Reform Act of 2012 to require FEMA to establish standards for the development of alternative flood insurance rate maps by local and state governments. FEMA must consider recommendations made by the Technical Mapping Advisory Council when establishing these standards. FEMA must approve the use of these alternative maps under NFIP.

Taxpayer Exposure Mitigation Act of 2017

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Thrift Savings Plan Enhancement Act of 2008''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Automatic enrollments. Sec. 3. Qualified Roth contribution program. Sec. 4. Authority to establish self-directed investment options. Sec. 5. Reporting requirements. Sec. 6. Acknowledgement of risk. SEC. 2. AUTOMATIC ENROLLMENTS. (a) Automatic Enrollment of New Participants.-- (1) In general.--Section 8432(b) of title 5, United States Code, is amended by striking paragraphs (2) through (4) and inserting the following: ``(2)(A) The Board shall by regulation provide for new participants to be automatically enrolled to make contributions under subsection (a) at the default percentage of basic pay. ``(B) For purposes of this paragraph, the default percentage shall be equal to 3 percent or such other percentage, not less than 2 percent nor more than 5 percent, as the Board may by regulation prescribe. ``(C) The regulations shall include provisions under which any individual who would otherwise be automatically enrolled in accordance with subparagraph (A) may-- ``(i) modify the percentage or amount to be contributed pursuant to automatic enrollment, effective from the start of such enrollment; or ``(ii) decline automatic enrollment altogether. ``(D) For purposes of this paragraph, the term `new participant' means any individual participating in the Thrift Savings Plan pursuant to an appointment or election which occurs after any regulations under subparagraph (A) first take effect. ``(E) Sections 8351(a)(1), 8440a(a)(1), 8440b(a)(1), 8440c(a)(1), 8440d(a)(1), and 8440e(a)(1) shall be applied in a manner consistent with the purposes of this paragraph.''. (2) Technical amendment.--Section 8432(b)(1) of title 5, United States Code, is amended by striking the parenthetical matter in subparagraph (B). (b) Default Investments.--Section 8438(c)(2) of title 5, United States Code, is amended to read as follows: ``(2) If an election has not been made with respect to any sums in the Thrift Savings Fund which are available for investment, the Executive Director shall invest such sums in-- ``(A) the Government Securities Investment Fund; or ``(B) such alternative fund or funds (in lieu of the fund under subparagraph (A)) as the Board may designate in regulations. The designation of an alternative fund by regulations under subparagraph (B) may be made only if, in the judgment of the Board, such designation would be in the best interests of participants. Any decision under the preceding sentence shall be made after consultation with the Employee Thrift Advisory Council (established under section 8473).''. SEC. 3. QUALIFIED ROTH CONTRIBUTION PROGRAM. (a) In General.--Subchapter III of chapter 84 of title 5, United States Code, is amended by inserting after section 8432c the following: ``Sec. 8432d. Qualified Roth contribution program ``(a) Definitions.--For purposes of this section-- ``(1) the term `qualified Roth contribution program' means a program described in paragraph (1) of section 402A(b) of the Internal Revenue Code of 1986 which meets the requirements of paragraph (2) of such section; and ``(2) the terms `designated Roth contribution' and `elective deferral' have the meanings given such terms in section 402A of the Internal Revenue Code of 1986. ``(b) Authority To Establish.--The Board shall by regulation provide for the inclusion in the Thrift Savings Plan of a qualified Roth contribution program, under such terms and conditions as the Board may prescribe. ``(c) Required Provisions.--The regulations under subsection (b) shall include-- ``(1) provisions under which an election to make designated Roth contributions may be made-- ``(A) by any individual who is eligible to make contributions under section 8351, 8432(a), 8440a, 8440b, 8440c, 8440d, or 8440e; and ``(B) by any individual, not described in subparagraph (A), who is otherwise eligible to make elective deferrals under the Thrift Savings Plan; ``(2) any provisions which may, as a result of the enactment of this section, be necessary in order to clarify the meaning of any reference to an `account' made in section 8432(f), 8433, 8434(d), 8435, 8437, or any other provision of law; and ``(3) any other provisions which may be necessary to carry out this section.''. (b) Clerical Amendment.--The analysis for chapter 84 of title 5, United States Code, is amended by inserting after the item relating to section 8432c the following: ``8432d. Qualified Roth contribution program.''. SEC. 4. AUTHORITY TO ESTABLISH SELF-DIRECTED INVESTMENT OPTIONS. (a) In General.--Section 8438(b)(1) of title 5, United States Code, is amended-- (1) in subparagraph (D), by striking ``and'' at the end; (2) in subparagraph (E), by striking the period and inserting ``; and''; and (3) by adding after subparagraph (E) the following: ``(F) self-directed investment options, if the Board authorizes such options under paragraph (5).''. (b) Requirements.--Section 8438(b) of title 5, United States Code, is amended by adding at the end the following: ``(5)(A) The Board may authorize the addition of self-directed investment options under the Thrift Savings Plan if the Board determines that the addition of such options would be in the best interests of participants. ``(B) The self-directed investment options shall be limited to-- ``(i) low-cost, passively-managed index funds that offer diversification benefits; and ``(ii) other investment options, if the Board determines the options to be appropriate retirement investment vehicles for participants. ``(C) The Board shall ensure that any administrative expenses related to self-directed investment options are borne solely by the participants who use such options. ``(D) The Board may establish such other terms and conditions for self-directed investment options as the Board considers appropriate to protect the interests of participants, including requirements relating to risk disclosure. ``(E) The Board shall consult with the Employee Thrift Advisory Council (established under section 8473) before establishing any self- directed investment option.''. SEC. 5. REPORTING REQUIREMENTS. (a) Annual Report.--The Board shall, not later than March 31 of each year, submit to Congress an annual report on the operations of the Thrift Savings Plan. Such report shall include, for the prior calendar year, information on the number of participants as of the last day of such prior calendar year, the median balance in participants' accounts as of such last day, demographic information on participants, the percentage allocation of amounts among investment funds or options, the status of the development and implementation of self-directed investment options, and such other information as the Board considers appropriate. A copy of each annual report under this subsection shall be made available to the public through an Internet website. (b) Reporting of Fees and Other Information.-- (1) In general.--The Board shall include in the periodic statements provided to participants under section 8439(c) the amount of the investment management fees, administrative expenses, and any other fees or expenses paid with respect to each investment fund and option under the Thrift Savings Plan. Any such statement shall also provide-- (A) information on the employee's estimated income replacement rate, as determined by the Executive Director based on the employee's most recent account balance and rates of contributions; and (B) a statement notifying participants as to how they may access the annual report described in subsection (a) as well as any other information concerning the Thrift Savings Plan that might be useful. (2) Use of estimates.--For purposes of providing the information required under this subsection, the Executive Director may provide a reasonable and representative estimate of any fees or expenses described in paragraph (1) and shall indicate any such estimate as being such an estimate. Any such estimate shall be based on the previous year's experience. (c) Definitions.--For purposes of this section-- (1) the term ``Board'' has the meaning given such term by 8401(5) of title 5, United States Code; (2) the term ``participant'' has the meaning given such term by section 8471(3) of title 5, United States Code; and (3) the term ``account'' means an account established under section 8439 of title 5, United States Code. SEC. 6. ACKNOWLEDGEMENT OF RISK. (a) In General.--Section 8439(d) of title 5, United States Code, is amended-- (1) by striking the matter after ``who elects to invest in'' and before ``shall sign an acknowledgement'' and inserting ``any investment fund or option under this chapter, other than the Government Securities Investment Fund,''; and (2) by striking ``either such Fund'' and inserting ``any such fund or option''. (b) Coordination With Provisions Relating to Investments in the Absence of an Election.--Subsection (d) of section 8439 of title 5, United States Code (as amended by subsection (a)) is further amended-- (1) by redesignating subsection (d) as subsection (d)(1); and (2) by adding at the end the following: ``(2)(A) In the case of an investment made under section 8438(c)(2) in any fund or option to which paragraph (1) would otherwise apply, the participant involved shall, for purposes of this subsection, be deemed-- ``(i) to have elected to invest in such fund or option; and ``(ii) to have executed the acknowledgement required under paragraph (1). ``(B)(i) The Executive Director shall prescribe regulations under which written notice shall be provided to a participant whenever an investment is made under section 8438(c)(2)(B) on behalf of such particpant in the absence of an affirmative election described in section 8438(c)(1). ``(ii) The regulations shall ensure that any such notice shall be provided to the participant within 7 calendar days after the effective date of the default election. ``(C) For purposes of this paragraph, the term `participant' has the meaning given such term by section 8471(3).''. (c) Coordination With Provisions Relating to Fiduciary Responsibilities, Liabilities, and Penalties.--Section 8477(e)(1)(C) is amended-- (1) by redesignating subparagraph (C) as subparagraph (C)(i); and (2) by adding at the end the following: ``(ii) A fiduciary shall not be liable under subparagraph (A), and no civil action may be brought against a fiduciary-- ``(I) for providing for the automatic enrollment of a participant in accordance with section 8432(b)(2)(A); or ``(II) for enrolling a participant in a default investment fund in accordance with section 8438(c)(2)(B).''.

Thrift Savings Plan Enhancement Act of 2008 - Revises requirements for participation in the Thrift Savings Plan (TSP) to require the Federal Retirement Thrift Investment Board to provide regulations for automatic enrollment of new participants to make contributions at the default percentage of basic pay. Allows a default investment in an alternative fund or funds (in lieu of the Government Securities Investment Fund (G Fund)), as the Board may designate in regulations, if an election has not been made with respect to any TSP sums available for investment. Requires the Board to include in the TSP, by regulation, a qualified Roth contribution progam (under which an employee may elect to make designated Roth contributions in lieu of elective deferrals under the retirement plan). Authorizes the Board to permit the addition of self-directed investment options under the TSP if it determines that such an addition would be in the best interests of participants. Limits such investment options to: (1) low-cost, passively-managed index funds that offer diversification benefits; and (2) other appropriate retirement investment vehicles for participants. Deems a participant, in the case of a default investment in the G Fund or an alternative fund, to have: (1) elected to invest in such fund; and (2) executed the acknowledgement of risk otherwise required.

To amend title 5, United States Code, to provide for the automatic enrollment of new participants in the Thrift Savings Plan, and for other purposes.

SECTION 1. DEATH GRATUITIES PAYABLE WITH RESPECT TO DECEASED MEMBERS OF THE ARMED FORCES. (a) Increased Amount of Death Gratuity.--Section 1478(a) of title 10, United States Code, is amended by striking ``$12,000'' in the first sentence and inserting ``$100,000''. (b) Additional Death Gratuity Payable to Child of Deceased.-- (1) Payment at age 21.--Section 1477 of such title is amended by adding at the end the following new subsection: ``(e) Additional Death Gratuity for Dependent Children.--(1) If, in the case of a death for which a death gratuity is payable under section 1475 or 1476 of this title, the deceased is survived by one or more children described in subsection (b) who are under 18 years of age on the date of the death, the Secretary concerned shall pay an additional death gratuity to each such child when that child attains 21 years of age. ``(2) A death gratuity payable to any person under this subsection with respect to a death is in addition to any death gratuity that is payable to that person under section 1475 or 1476 of this title with respect to such death pursuant to subsection (a)(2).''. (2) Amount.-- (A) Subsection (a) of section 1478 of such title, as amended by subsection (a) of this section, is further amended by inserting after the first sentence the following new sentence: ``The death gratuity payable to a child of a deceased person under section 1477(e) of this title shall be $25,000.''. (B) Subsection (c) of such section is amended by striking ``the amount'' and inserting ``each amount''. (3) Conforming amendments.--(A) Section 1477(d) of such title is amended by striking ``he receives the death gratuity,'' and inserting ``receiving payment of a death gratuity under section 1475 or 1476 of this title,''. (B) Section 1479 of such title is amended-- (i) by striking ``immediate''; and (ii) by inserting ``or 1477(e)'' after ``section 1475''. (c) Effective Date.-- (1) In general.--Except as provided in paragraph (2), this section and the amendments made by this section shall take effect as of October 1, 2001, and shall apply with respect to deaths occurring on or after such date. (2) Exception.--The amendment made by subsection (b)(2)(B) shall take effect as of October 28, 2004, immediately following the enactment of Public Law 108-375. SEC. 2. INCREASED PERIOD OF CONTINUED TRICARE COVERAGE OF CHILDREN OF MEMBERS OF THE UNIFORMED SERVICES WHO DIE WHILE SERVING ON ACTIVE DUTY FOR A PERIOD OF MORE THAN 30 DAYS. (a) Period of Eligibility.--Section 1079(g) of title 10, United States Code, is amended-- (1) by inserting ``(1)'' after ``(g)''; and (2) by striking the second sentence and inserting the following: ``(2) In addition to any continuation of eligibility for benefits under paragraph (1), when a member dies while on active duty for a period of more than 30 days, the member's dependents who are receiving benefits under a plan covered by subsection (a) shall continue to be eligible for such benefits during the three-year period beginning on the date of the member's death, except that, in the case of such a dependent who is a child of the deceased, the period of continued eligibility shall be the longer of the following periods beginning on such date: ``(A) Three years. ``(B) The period ending on the date on which the child attains 21 years of age. ``(C) In the case of a child of the deceased who, at 21 years of age, is enrolled in a full-time course of study in a secondary school or in a full-time course of study in an institution of higher education approved by the administering Secretary and was, at the time of the member's death, in fact dependent on the member for over one-half of the child's support, the period ending on the earlier of the following dates: ``(i) The date on which the child ceases to pursue such a course of study, as determined by the administering Secretary. ``(ii) The date on which the child attains 23 years of age. ``(3) For the purposes of paragraph (2)(C), a child shall be treated as being enrolled in a full-time course of study in an institution of higher education during any reasonable period of transition between the child's completion of a full-time course of study in a secondary school and the commencement of an enrollment in a full-time course of study in an institution of higher education, as determined by the administering Secretary. ``(4) No charge may be imposed for any benefits coverage under this chapter that is provided for a child for a period of continued eligibility under paragraph (2), or for any benefits provided to such child during such period under that coverage.''. (b) Effective Date.--This section and the amendments made by this section shall take effect as of October 1, 2001, and shall apply with respect to deaths occurring on or after such date. SEC. 3. INCREASE AND ENHANCEMENT OF DEPENDENCY AND INDEMNITY COMPENSATION FOR SURVIVING SPOUSES. (a) In General.--Subsection (a) of section 1311 of title 38, United States Code, is amended-- (1) in paragraph (1), by striking ``$967'' and inserting ``$1,500''; (2) in paragraph (2), by inserting ``or (4)'' after ``paragraph (1)''; and (3) by adding at the end the following new paragraph: ``(4) In the case of a surviving spouse who remarries, dependency and indemnity compensation shall be paid to the surviving spouse at a monthly rate equal to 50 percent of the monthly rate otherwise provided under paragraph (1) for-- ``(A) the first 60 months beginning after the date of such remarriage; or ``(B) in the case of a surviving spouse with one or more children below the age of 18, each month until the first month beginning after the date on which each such child has attained the age of 18.''. (b) Rates for Surviving Spouses With Dependent Children.--Such section is further amended-- (1) by striking subsection (b) and inserting the following new subsection (b): ``(b)(1) If there is a surviving spouse with one or more children below the age of 18, the dependency and indemnity compensation paid monthly to the surviving spouse shall be increased by $750 for each such child. ``(2)(A) Except as provided in subparagraph (B), the increase in dependency and indemnity compensation payable to a surviving spouse under paragraph (1) shall cease beginning with the first month commencing after the month in which all children of the surviving spouse have attained the age of 18. ``(B) The cessation under subparagraph (A) of the increase in dependency and indemnity compensation payable to a surviving spouse under paragraph (1) shall not occur with respect to any child of the surviving spouse who, before attaining the age of 18, becomes permanently incapable of support.''; and (2) by striking subsection (e), as added by section 301(a) of the Veterans Benefits Improvements Act of 2004 (Public Law 104-454). (c) Effective Date.--(1) Except as provided in paragraph (2), the amendments made by this section shall take effect on October 1, 2001, and shall apply with respect to months beginning on or after that date. (2) The amendment made by subsection (b)(2) shall take effect on the date of the enactment of this Act. SEC. 4. EXPANSION AND ENHANCEMENT OF SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE. (a) Termination of Durational Limitation on Use of Educational Assistance.-- (1) Termination of limitation and restatement of continuing requirements.--Subsection (a) of section 3511 of title 38, United States Code, is amended to read as follows: ``(a)(1) Notwithstanding any other provision of this chapter or chapter 36 of this title, any payment of educational assistance described in paragraph (2) shall not be charged against the entitlement of any individual under this chapter. ``(2) The payment of educational assistance referred to in paragraph (1) is the payment of such assistance to an individual for pursuit of a course or courses under this chapter if the Secretary finds that the individual-- ``(A) had to discontinue such course pursuit as a result of being ordered to serve on active duty under section 688, 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10; and ``(B) failed to receive credit or training time toward completion of the individual's approved educational, professional, or vocational objective as a result of having to discontinue, as described in subparagraph (A), the course pursuit.''. (2) Conforming amendments.--(A) The heading of section 3511 of such title is amended to read as follows: ``Sec. 3511. Treatment of certain interruptions in pursuit of programs of education''. (B) Section 3532(g) of such title, as amended by section 106(b)(3) of the Veterans Earn and Learn Act of 2004 (title I of Public Law 108-454), is further amended-- (i) by striking paragraph (2); and (ii) by redesignating paragraph (3) as paragraph (2). (C) Section 3541 of such title is amended to read as follows: ``Sec. 3541. Special restorative training ``(a) The Secretary may, at the request of an eligible person-- ``(1) determine whether such person is in need of special restorative training; and ``(2) if such need is found to exist, prescribe a course which is suitable to accomplish the purposes of this chapter. ``(b) A course of special restorative training under subsection (a) may, at the discretion of the Secretary, contain elements that would contribute toward an ultimate objective of a program of education.''. (D) Section 3695(a)(4) of such title is amended by striking ``35,''. (b) Extension of Delimiting Age of Eligibility for Dependents.-- Section 3512(a) of title 38, United States Code, is amended by striking ``twenty-sixth birthday'' each place it appears and inserting ``thirtieth birthday''. (c) Amount of Educational Assistance.-- (1) In general.--Section 3532 of title 38, United States Code, is amended to read as follows: ``Sec. 3532. Amount of educational assistance ``(a) The aggregate amount of educational assistance to which an eligible person is entitled under this chapter is $80,000, as increased from time to time under section 3564 of this title. ``(b) Within the aggregate amount provided for in subsection (a), educational assistance under this chapter may be paid for any purpose, and in any amount, as follows: ``(1) A program of education consisting of institutional courses. ``(2) A full-time program of education that consists of institutional courses and alternate phases of training in a business or industrial establishment with the training in the business or industrial establishment being strictly supplemental to the institutional portion. ``(3) A farm cooperative program consisting of institutional agricultural courses prescheduled to fall within forty-four weeks of any period of twelve consecutive months that is pursued by an eligible person who is concurrently engaged in agricultural employment which is relevant to such institutional agricultural courses as determined under standards prescribed by the Secretary. ``(4) A course or courses or other program of special educational assistance as provided in section 3491(a) of this title. ``(5) A program of apprenticeship or other on-job training pursued in a State as provided in section 3687(a) of this title. ``(6) In the case of an eligible spouse or surviving spouse, a program of education exclusively by correspondence as provided in section 3686 of this title. ``(7) A special training allowance for special restorative training as provided in section 3542 of this title. ``(c) If a program of education is pursued by an eligible person at an institution located in the Republic of the Philippines, any educational assistance for such person under this chapter shall be paid at the rate of $0.50 for each dollar. ``(d)(1) Subject to paragraph (2), the amount of educational assistance payable under this chapter for a licensing or certification test described in section 3501(a)(5) of this title is the lesser of $2,000 or the fee charged for the test. ``(2) In no event shall payment of educational assistance under this subsection for such a test exceed the amount of the individual's available entitlement under this chapter.''. (2) Conforming amendments.--(A) Section 3533 of such title is amended to read as follows: ``Sec. 3533. Tutorial assistance ``An eligible person shall, without any charge to any entitlement of such person to educational assistance under section 3532(a) of this title be entitled to the benefits provided an eligible veteran under section 3492 of this title.''. (B) Section 3534 of such title is repealed. (C) Section 3542 of such title is amended-- (i) in subsection (a), by striking ``computed at the basic rate'' and all that follows through the end of the subsection and inserting a period; and (ii) in subsection (b), by striking ``an educational assistance allowance'' and inserting ``educational assistance''. (D) Section 3543(c) of such title is amended-- (i) in paragraph (1), by adding ``and'' at the end; (ii) by striking paragraph (2); and (iii) by redesignating paragraph (3) as paragraph (2). (E) Section 3564 of such title is amended by striking ``rates payable under sections 3532, 3534(b), and 3542(a)'' and inserting ``aggregate amount of educational assistance payable under section 3532''. (F) Paragraph (1) of section 3565(b) of such title is amended to read as follows: ``(1) educational assistance payable under section 3532 of this title, including the special training allowance referred to in subsection (b)(7) of such section, shall be paid at the rate of $0.50 for each dollar; and''. (G) Section 3687 of such title is amended-- (i) in subsection (a)-- (I) in the matter preceding paragraph (1), by striking ``or an eligible person (as defined in section 3501(a) of this title)''; and (II) in the flush matter following paragraph (2), by striking ``chapters 34 and 35'' and inserting ``chapter 34''; (ii) in subsection (c), by striking ``chapters 34 and 35'' and inserting ``chapter 34''; and (iii) in subsection (e), as added by section 102(a) of the Veterans Earn and Learn Act of 2004 (title I of Public Law 108-454), by striking paragraph (3) and inserting the following new paragraph (3): ``(3) In this subsection, the term `individual' means an eligible veteran who is entitled to monthly educational assistance allowances payable under section 3015(e) of this title.''. (d) Other Conforming Amendments.--(1) Section 3524 of title 38, United States Code, is amended by striking ``allowance'' each place it appears. (2)(A) Section 3531 of such title is amended-- (i) in subsection (a), by striking ``an educational assistance allowance'' and inserting ``educational assistance''; and (ii) in subsection (b), by striking ``allowance''. (B) The heading of such section is amended by striking ``allowance''. (3) Section 3537(a) of such title is amended by striking ``additional''. (e) Clerical Amendments.--The table of sections at the beginning of chapter 35 of title 38, United States Code, is amended-- (1) by striking the item relating to section 3511 and inserting the following new item: ``3511. Treatment of certain interruptions in pursuit of programs of education.''; (2) by striking the items relating to section 3531, 3532, and 3533 and inserting the following new items: ``3531. Educational assistance. ``3532. Amount of educational assistance. ``3533. Tutorial assistance.''; (3) by striking the item relating to section 3534; and (4) by striking the item relating to section 3541 and inserting the following new item: ``3541. Special restorative training.''. (f) Effective Dates.--(1) Except as provided in paragraph (2), the amendments made by this section shall take effect on October 1, 2001. (2) The amendments made by subsections (a)(2)(B) and (c)(2)(G)(iii) shall take effect on the date of the enactment of this Act. (3) Notwithstanding the effective date under paragraph (1) of the amendment to section 3564 of title 38, United States Code, made by subsection (c)(2)(E), the Secretary of Veterans Affairs shall make the first increase in the aggregate amount of educational assistance under section 3532 of such title as required by such section 3564 (as so amended) for fiscal year 2006.

Increases from $12,000 to $100,000 the death gratuity payable to survivors of members of the Armed Forces who die while on active duty or inactive duty training. Provides an additional gratuity of $25,000 to any child of such member under 18 years old at the time of the member's death, payable when such child attains 21. Continues TRICARE (a Department of Defense managed health care program) eligibility for the dependents of a member who dies while serving on active duty of more than 30 days for a three-year period after the member's death, with a further conditional extension in the case of a dependent child. Terminates a 45-month limit on the use of survivors' and dependents' educational assistance. Authorizes the Secretary of Veterans Affairs to provide special restorative training to certain individuals. Increases the amount of basic educational assistance for veterans' survivors and dependents pursuing certain types of institutional education. Authorizes the provision of tutorial assistance to such individuals without charge to their educational assistance entitlement.

A bill to amend titles 10 and 38, United States Code, to improve the benefits provided for survivors of deceased members of the Armed Forces, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicaid Mammography Coverage Act of 1995''. SEC. 2. FINDINGS. Congress finds the following: (1) Breast cancer is the second leading cause of death by cancer in women. (2) An estimated 182,000 new invasive cases of breast cancer in the United States are expected during 1995. (3) An estimated 46,240 individuals are expected to die of breast cancer during 1995, of whom 46,000 will be women. (4) There is no cure for breast cancer. (5) Early detection is the key to survival of this devastating disease. (6) Mammography is recognized as a valuable diagnostic technique for the detection of breast cancer. (7) The American Cancer Society recommends that asymptomatic women have a screening mammogram by age 40 and a screening mammogram every 1 to 2 years between the ages of 40 and 49. (8) The American Cancer Society and the National Cancer Institute recommend an annual mammogram for women over age 50. (9) Lower-income women are often unable to afford recommended cancer screening. (10) Many lower-income women receive health care benefits under the medicaid program. SEC. 3. COVERAGE OF SCREENING MAMMOGRAPHY UNDER MEDICAID. (a) In General.--Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended-- (1) by striking ``and'' at the end of paragraph (24); (2) by redesignating paragraph (25) as paragraph (26); and (3) by inserting after paragraph (24) the following new paragraph: ``(25) screening mammography (as defined in subsection (t)(1)) that is conducted by a facility that has a certificate (or provisional certificate) issued under section 354 of the Public Health Service Act, to the extent consistent with the frequency permitted under subsection (t)(2); and''. (b) Frequency of Coverage.--Section 1905 of such Act (42 U.S.C. 1396d) is amended by adding at the end the following new subsection: ``(t) Coverage of Screening Mammography.-- ``(1) Definition.--The term `screening mammography' means a radiologic procedure provided to a woman for the purpose of early detection of breast cancer and includes a physician's interpretation of the results of the procedure. ``(2) Frequency covered.-- ``(A) In general.--Subject to revision by the Secretary under subparagraph (B)-- ``(i) Medical assistance is not required to be made under this title for screening mammography performed on a woman under 35 years of age. ``(ii) Medical assistance is available under this title for only 1 screening mammography performed on a woman over 34 years of age, but under 40 years of age. ``(iii) In the case of a woman over 39 years of age, but under 50 years of age, who-- ``(I) is at a high risk of developing breast cancer (as determined pursuant to factors identified by the Secretary), medical assistance is not required to be made available under this title for a screening mammography performed within 11 months of a previous screening mammography, or ``(II) is not at a high risk of developing breast cancer, medical assistance is not required to be made available under this title for a screening mammography performed within 23 months of a previous screening mammography. ``(iv) In the case of a woman over 49 years of age, medical assistance is not required to be made available under this title for screening mammography performed within 11 months of a previous screening mammography. ``(B) Revision of frequency.-- ``(i) Review.--The Secretary, in consultation with the Director of the National Cancer Institute, shall review periodically appropriate frequency for performing screening mammography, based on age and such other factors as the Secretary believes to be pertinent. ``(ii) Revision of frequency.--The Secretary, taking into consideration the review made under clause (i), may revise from time to time the frequency with which medical assistance is required to be made available under this title, but no such revision shall apply to screening mammography performed before January 1, 1997.''. (c) Making Coverage Mandatory.--Section 1902(a)(10)(A) of such Act (42 U.S.C. 1396a(a)(10)(A)) is amended by striking ``(17) and (21)'' and inserting ``(17), (21), and (25)''. (d) Prohibiting Imposition of Charges Against Beneficiaries.-- Sections 1916(a)(2)(D) and 1916(b)(2)(D) of such Act (42 U.S.C. 1396o(a)(2)(D), 1396o(b)(2)(D)) are each amended by inserting ``services described in section 1905(a)(25),'' after ``1905(a)(4)(C),''. (e) 100 Percent Federal Match.--Section 1905(b) of such Act (42 U.S.C. 1396d(b)) is amended by adding at the end the following: ``Notwithstanding the first sentence of this subsection, the Federal medical assistance percentage shall be 100 percent with respect to amounts expended for medical assistance consisting of screening mammography under subsection (a)(25).''. (f) Conforming Amendments.--(1) Section 1902(a)(10)(C)(iv) of such Act (42 U.S.C. 1396a(a)(10)(C)(iv)) is amended-- (A) by striking ``(5) and (17)'' and inserting ``(5), (17), and (25)''; and (B) by striking ``through (21)'' and inserting ``through (25)''. (2) Section 1902(j) (42 U.S.C. 1396a(j)) of such Act is amended by striking ``through (22)'' and inserting ``through (26)''. (g) Effective Date.--(1) Except as provided in paragraph (2), the amendments made by this section shall apply to screening mammography performed on or after January 1, 1996, without regard to whether or not final regulations to carry out such amendments have been promulgated by such date. (2) In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirement imposed by the amendments made by this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet this additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.

Medicaid Mammography Coverage Act of 1995 - Amends title XIX (Medicaid) of the Social Security Act to provide Medicaid coverage of screening mammographies for women aged 35 and older. Varies the permissible frequency of such covered tests on the basis of a woman's age and her risk of developing breast cancer. Directs the Secretary of Health and Human Services to periodically review and revise permissible frequencies of such tests. Makes such coverage mandatory. Prohibits imposition of charges against beneficiaries for such services. Provides for a 100 percent Federal match for such screening mammography services.

Medicaid Mammography Coverage Act of 1995

SECTION 1. WAIVER OF SOVEREIGN IMMUNITY AND EXTENSION OF OTHERWISE APPLICABLE STATUTE OF LIMITATIONS FOR CERTAIN ACTIONS UNDER THE USEC PRIVATIZATION ACT. Section 3110(a)(7) of the USEC Privatization Act (42 U.S.C. 2297h- 8(a)(7)) is amended by adding at the end the following new subparagraph: ``(D)(i) Any individual who, as of immediately before any transfer of plan assets and liabilities as required by paragraph (2) to a pension plan sponsored by the private corporation referred to in paragraph (2) which occurred on or before December 31, 2000, was an active or retired participant (or a beneficiary) under a pension plan maintained by an operating contractor of a gaseous diffusion plant referred to in paragraph (1) and who is an active or retired participant (or a beneficiary) under the pension plan to which such transfer was made may bring an action in any district court of the United States having jurisdiction over the parties, without regard to the amount in controversy or the citizenship of the parties, against the Department of Energy for relief described in clause (ii) from any grievance in connection with such a transfer. ``(ii) For purposes of clause (i), relief is a one- time lump sum payment, payable to such individual from the appropriation made by section 1304 of title 31, United States Code (popularly known as the Judgment Fund), in an amount equal to not more than the amount which bears the same ratio to the total recoverable amount described in clause (iii) as the actuarial present value of the accrued benefits of the individual under the pension plan from which the transfer was made (as of immediately before the transfer) bears to the actuarial present value of the accrued benefits of all individuals described in this clause under the pension plan from which the transfer was made (as of immediately before the transfer). ``(iii) For purposes of clause (ii), the total recoverable amount is an amount equal to the excess of-- ``(I) the actuarial present value of benefits that would have been accrued by all individuals described in clause (i) under the pension plan from which the transfer was made if the transfer had not occurred and if benefit increases had occurred, in connection with the transferred liabilities, under such plan equivalent to benefit increases that have occurred under such plan in connection with the other liabilities under such plan, over ``(II) the actuarial present value of benefits accrued by all such individuals under the pension plan to which the transfer was made. ``(iv) For purposes of clause (iii), in an action authorized by this subparagraph, the court shall consider, with respect to the pension plan from which the transfer was made and the pension plan to which the transfer was made, only benefits which have been accrued (or would have been accrued) as of the date of enactment of this subparagraph. ``(v) For purposes of this subparagraph, any actuarial present value of benefits determined as of any time shall take into account reasonably anticipated subsequent adjustments to such benefits under plan provisions (as in effect at such time) providing for cost-of-living-adjustments. ``(vi) For purposes of clauses (iii) and (iv), any reference to the pension plan from which the transfer was made shall include a reference to any successor to such plan (other than the pension plan to which the transfer required under paragraph (2) was made) if such successor plan received assets in excess of the actuarial present value of accrued benefits under such plan upon succession. ``(vii) Notwithstanding section 1658 of title 28, United States Code, an action authorized by this subparagraph may be brought on or before June 30, 2011. ``(viii) Notwithstanding section 3109(a)(4), the United States consents to any action commenced under this subparagraph. ``(ix) Nothing in this subparagraph shall authorize an action against the Corporation or against any person or entity other than the Department of Energy.''.

Amends the USEC Privatization Act with respect to certain actions in U.S. district court related to accrued, vested pension benefits of employees of an operating contractor of the United States Enrichment Corporation (USEC) at one or both of the two USEC gaseous diffusion plants following: (1) termination of or a change in contractor; and (2) consequent transfer of pension plan assets and liabilities. Authorizes specified active or retired participants (or beneficiaries) under the contractor's pension plan to bring an action against the Department of Energy in U.S. district court for relief, in the form of a one-time lump sum payment, in connection with such a transfer of plan assets and liabilities. Authorizes commencement of such an action on or before June 30, 2011. Waives U.S. sovereign immunity to any such an action.

To waive sovereign immunity and extend the otherwise applicable statute of limitations for certain actions under the USEC Privatization Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Deadly Biological Agent Control Act of 2001''. SEC. 2. BIOLOGICAL WEAPONS. (a) Select Agents.--Section 175 of title 18, United States Code, is amended by striking subsection (b) and inserting the following: ``(b) Select Agents.-- ``(1) Uncertified possession.--Whoever knowingly possesses a select agent without obtaining a certification from the Department of Health and Human Services under section 511(f) of the Antiterrorism and Effective Death Penalty Act of 1996, shall be fined under this title, imprisoned for not more than 5 years, or both. ``(2) Transfer to uncertified person.--Any research facility that knowingly transfers a select agent to an entity that has not obtained a certification from the Department of Health and Human Services under section 511(f) of the Antiterrorism and Effective Death Penalty Act of 1996, shall be fined under this title, imprisoned for not more than 5 years, or both. ``(c) Definitions.--In this section: ``(1) Biological agent; toxin.--The terms `biological agent' and `toxin' have the same meanings given those terms in section 178, except that, for purposes of subsection (b), if the biological agent or toxin has not been cultivated, cultured, collected, or otherwise extracted from its natural source, those terms do not include any biological agent or toxin that is in its naturally occurring environment. ``(2) For use as a weapon.--The term `for use as a weapon' includes the development, production, transfer, acquisition, retention, or possession of any biological agent, toxin, or delivery system, other than for prophylactic, protective, or other peaceful purposes. ``(3) Select agent.--The term `select agent' means a biological agent or toxin that-- ``(A) is included on the list established under section 511(d)(1) of the Antiterrorism and Effective Death Penalty Act of 1996; and ``(B) is not possessed by a health, research, or other entity listed under subparagraph (C) or (D) of section 511(f)(2) of that Act.''. (b) List of Biological Toxins.--Section 511(d) of the Antiterrorism and Effective Death Penalty Act of 1996 (42 U.S.C. 262 note) is amended to read as follows: ``(d) Regulatory Control of Biological Agents.-- ``(1) List of biological agents and toxins.--The Secretary, in consultation with the Secretary of Defense, Attorney General, and other appropriate Federal officials, shall-- ``(A) annually review the existing list of select agents; and ``(B) if necessary, revise that existing list of select agents. ``(2) Criteria.--In determining whether to include a biological agent or toxin on the list established under paragraph (1), the Secretary shall-- ``(A) consider-- ``(i) the effect on human health of exposure to each biological agent or toxin; ``(ii) the degree of contagiousness of each biological agent or toxin and the methods by which each biological agent or toxin is transferred to humans; ``(iii) the availability and effectiveness of vaccines and therapies to treat or prevent any illness resulting from infection by or exposure to each biological agent or toxin; ``(iv) the potential use of each biological agent or toxin in a bioterrorist attack on the civilian population; and ``(v) any other criteria that the Secretary considers appropriate; and ``(B) consult with scientific experts who represent appropriate professional groups. ``(3) Prioritization of countermeasures.--The Secretary shall prioritize countermeasures, including vaccines, therapies, medical devices, and diagnostic tests which must be developed, produced, or obtained in preparation for a bioterrorist attack or other significant disease emergency in order to treat, prevent, or identify infection by, or exposure to, biological agents and toxins, listed pursuant to this subsection.''. (c) Regulation of Possession of Biological Agents and Toxins.-- Section 511(f) of the Antiterrorism and Effective Death Penalty Act of 1996 (42 U.S.C. 262 note) is amended to read as follows: ``(f) Possession and Use of Listed Biological Agents and Toxins.-- ``(1) Standards and procedures.--The Secretary shall provide for the establishment and enforcement of standards and procedures governing the possession and use of biological agents and toxins listed pursuant to subsection (d)(1), in order to protect the health and safety of the public, including safeguards to prevent access to those biological agents and toxins for use in domestic or international terrorism, or for any other criminal purpose. ``(2) Certification.-- ``(A) In general.--The Secretary shall establish a certification process for the possession and use of biological agents and toxins listed pursuant to subsection (d)(1). ``(B) Possession.--Except as provided in subparagraph (C), the certification process established under subparagraph (A) shall prohibit any individual from knowingly possessing biological agents or toxins listed pursuant to subsection (d)(1). ``(C) Exception.--A health, research, or other entity may possess a biological toxin or agent listed pursuant to subsection (d)(1), if that entity is described in subparagraph (D) or (E). ``(D) Legitimate purpose.--A health, research, or other entity is described in this subparagraph, if-- ``(i) the health, research, or other entity is certified as legitimate by the Department of Health and Human Services; ``(ii) the research facility has a legitimate research or other peaceful purpose for possessing the biological agent or toxin; ``(iii) the research facility submits to periodic site inspections; and ``(iv) the health, research, or other entity demonstrates the establishment and enforcement of safety procedures for the possession of biological agents or toxins listed pursuant to subsection (d), including measures to ensure-- ``(I) proper training and appropriate skills for handling the biological agents and toxins; ``(II) proper laboratory facilities to contain and dispose of the biological agents and toxins; and ``(III) safeguards to prevent access to the biological agents and toxins for use in domestic or international terrorism, or for any other criminal purpose. ``(E) Diagnostic or verification purpose.--A health, research, or other entity is described in this subparagraph, if the entity-- ``(i) possesses the biological agent or toxin as part of a clinical specimen intended for diagnostic or verification purposes; ``(ii) transfers the biological agent or toxin to another entity that is certified under this subsection, or disposes of the biological agent or toxin within 72 hours in accordance with section 72.6(i) of title 42, Code of Federal Regulations; and ``(iii) reports the presence of the biological agent or toxin to the Centers for Disease Control. ``(3) Research facilities.-- ``(A) In general.--Any individual who handles biological agents or toxins in an entity certified under this subsection shall-- ``(i) pass a criminal background check, which shall include a determination of whether that individual is a restricted person (as that term is defined in section 175b of title 18, United States Code); and ``(ii) be registered with the Department of Health and Human Services for the specific research project that requires the use of biological agents or toxins. ``(B) Penalties.-- ``(i) Research facilities.--Any entity that is certified under this subsection and permits a restricted person, as that term is defined in section 175b of title 18, United States Code, to handle or access biological agents or toxins may be subject to decertification by the Department of Health and Human Services and civil penalties in an amount not to exceed $500,000. ``(ii) Supervisory personnel.--Supervisory personnel in an entity that is certified under this subsection, who knowingly permit a restricted person, as that term is defined in section 175b of title 18, United States Code, to handle or access biological agents or toxins shall be subject to civil penalties in an amount not to exceed $250,000 and shall be imprisoned for not more than 1 year.''. (d) Civil Penalties.--Section 511 of the Antiterrorism and Effective Death Penalty Act of 1996 (42 U.S.C. 262 note) is amended by-- (1) redesignating subsection (g) as subsection (h); and (2) inserting after subsection (f) the following: ``(g) Civil Penalty.--A person who violates subsection (e) or (f) shall be subject to the United States for a civil penalty in an amount not to exceed $250,000 in the case of an individual and $500,000 in the case of an entity certified under subsection (f).''. (e) Section 511.-- (1) In general.--Section 511 of the Antiterrorism and Effective Death Penalty Act of 1996 (42 U.S.C 262 note) is amended-- (A) in subsection (e)-- (i) by inserting ``and toxins'' after ``agents'' each place that term appears; and (ii) by inserting ``or toxin'' after ``agent'' each place that term appears; and (B) in subsection (h)(1), as redesignated by this Act, by striking ``the term `biological agent' has'' and inserting ``the terms `biological agent' and `toxin' have''. (2) Effective date.--The amendments made by this subsection shall be deemed to have the same effective date as section 511 of the Antiterrorism and Effective Death Penalty Act of 1996 (42 U.S.C. 262 note). (f) Conforming Amendments.--Section 511(e) of the Antiterrorism and Effective Death Penalty Act of 1996 (42 U.S.C. 262 note) is amended-- (1) in the matter preceding paragraph (1), by striking ``, through regulation promulgated under subsection (f),''; and (2) in the heading, by striking ``Agents'' and inserting ``Agents and Toxins''. SEC. 3. INTERIM RULE. (a) In General.--Not later than 30 days after the date of enactment of this Act, the Secretary of Health and Human Services shall promulgate an interim final rule for carrying out section 511(d) of the Antiterrorism and Effective Death Penalty Act of 1996 (42 U.S.C. 262 note), as amended by this Act. (b) Effective Date.--The interim final rule promulgated under subsection (a) shall take effect 60 days after the date on which the rule is promulgated, including for purposes of-- (1) section 175(b)(1) of title 18, United States Code (relating to criminal penalties), as added by this Act; and (2) section 511(g) of the Antiterrorism and Effective Death Penalty Act of 1996 (relating to civil penalties), as added by this Act. SEC. 4. REGISTRATION OF BIOLOGICAL AGENTS AND TOXINS. In the case of a research facility that, as of the date of enactment of this Act, is in possession of a biological agent or toxin that is listed pursuant to section 511(d) of the Antiterrorism and Effective Death Penalty Act of 1996, as amended by this Act, that research facility shall, in accordance with the interim final rule promulgated under section 3, submit an application for certification under section 511(f) of the Antiterrorism and Effective Death Penalty Act of 1996, not later than 30 days after the date on which the rule is promulgated.

Deadly Biological Agent Control Act of 2001 - Revises Federal criminal code provisions regarding biological weapons to set penalties for: (1) knowingly possessing a select biological agent or toxin (select agent) without obtaining a certification from the Department of Health and Human Services (HHS) under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA); and (2) any research facility knowingly transferring a select agent to an entity that has not obtained such certification.Amends the AEDPA to direct the Secretary of HHS to: (1) annually review the existing list of select agents and, if necessary, revise the list; (2) prioritize countermeasures, including vaccines, therapies, medical devices, and diagnostic tests which must be developed, produced, or obtained in preparation for a bioterrorist attack or other significant disease emergency to treat, prevent, or identify infection by, or exposure to, listed biological agents and toxins (listed agents); and (3) provide for the establishment and enforcement of standards and procedures governing the possession and use of listed agents.Requires the Secretary to establish a certification process for the possession and use of listed agents. Sets forth legitimate purposes. Requires any individual who handles listed agents to pass a criminal background check, including a determination of whether that individual is a restricted person, and to be registered with the Department of HHS for the specific research project that requires the use of biological agents or toxins.Sets penalties for violations.

A bill to set up a certification system for research facilities that possess dangerous biological agents and toxins, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Innovation Act of 2013''. SEC. 2. PROGRAM AUTHORIZATION. Section 303(b) of the Small Business Investment Act of 1958 (15 U.S.C. 683(b)) is amended, in the matter preceding paragraph (1), in the first sentence, by inserting after ``issued by such companies'' the following: ``, in a total amount that does not exceed $4,000,000,000 each fiscal year (adjusted annually to reflect increases in the Chained Consumer Price Index for All Urban Consumers (C-CPI-U), as published by the Bureau of Labor Statistics of the Department of Labor)''. SEC. 3. FAMILY OF FUNDS. Section 303(b)(2)(B) of the Small Business Investment Act of 1958 (15 U.S.C. 683(b)(2)(B)) is amended by striking ``$225,000,000'' and inserting ``$350,000,000''. SEC. 4. SMALL BUSINESS EARLY-STAGE INVESTMENT PROGRAM. Title III of the Small Business Investment Act of 1958 (15 U.S.C. 681 et seq.) is amended by adding at the end the following: ``PART D--SMALL BUSINESS EARLY-STAGE INVESTMENT PROGRAM ``SEC. 399A. DEFINITIONS. ``In this part: ``(1) Early-stage small business.--The term `early-stage small business' means a small business concern that-- ``(A) is domiciled in a State or Indian country (as defined in section 1151 of title 18, United States Code); and ``(B) has not generated gross annual sales revenues exceeding $15,000,000 in any of the most recent 3 full years before the date on which the Administrator makes an equity financing to a participating investment company under section 399E. ``(2) Eligible applicant.--The term `eligible applicant' means-- ``(A) an incorporated body, limited liability company, or limited partnership organized and chartered or otherwise existing under Federal or State law for the purpose of performing the functions and conducting the activities contemplated under the program; or ``(B) a manager of a small business investment company. ``(3) Participating investment company.--The term `participating investment company' means an applicant approved under section 399E to participate in the program. ``(4) Program.--The term `program' means the early-stage investment program established under section 399B. ``(5) Small business concern.--The term `small business concern' has the same meaning given that term in section 3(a) of the Small Business Act (15 U.S.C. 632(a)). ``(6) Small business concern in a targeted industry.--The term `small business concern in a targeted industry' means a small business concern that is engaged primarily in researching, developing, manufacturing, producing, or bringing to market goods, products, or services in a targeted industry. ``(7) Targeted industry.--The term `targeted industry' means any of the following business sectors: ``(A) Advanced manufacturing. ``(B) Agricultural technology. ``(C) Biotechnology. ``(D) Clean energy technology. ``(E) Digital media. ``(F) Environmental technology. ``(G) Information technology. ``(H) Life sciences. ``(I) Water technology. ``SEC. 399B. ESTABLISHMENT OF PROGRAM. ``The Administrator shall establish and carry out an early-stage investment program to provide equity financing to support early-stage small businesses in accordance with this part. ``SEC. 399C. ADMINISTRATION OF PROGRAM. ``The Administrator, acting through the Associate Administrator described in section 201, shall administer the program. ``SEC. 399D. APPLICATIONS. ``(a) Requirements for Application.--An application to participate in the program shall include-- ``(1) a business plan describing how the eligible applicant intends to make successful venture capital investments in early-stage small businesses and direct capital to small business concerns in targeted industries or other business sectors; ``(2) information regarding the relevant venture capital investment qualifications and backgrounds of the individuals responsible for the management of the eligible applicant; and ``(3) a description of the extent to which the eligible applicant meets the selection criteria under section 399E. ``(b) Applications From Managers of Small Business Investment Companies.--The Administrator shall establish an abbreviated application process to participate in the program for applicants that are managers of small business investment companies that are licensed under section 301. The abbreviated application process shall incorporate a presumption that managers of small business investment companies that are licensed under section 301 satisfactorily meet the selection criteria under paragraphs (3) and (5) of section 399E(b). ``SEC. 399E. SELECTION OF PARTICIPATING INVESTMENT COMPANIES. ``(a) In General.--Not later than 90 days after the date on which the Administrator receives an application from an eligible applicant under section 399D, the Administrator shall make a determination to conditionally approve or disapprove the eligible applicant to participate in the program and shall transmit the determination to the eligible applicant electronically and in writing. A determination to conditionally approve an eligible applicant shall identify all conditions the eligible applicant is required to satisfy for the Administrator to provide final approval to the eligible applicant to participate in the program, and shall provide a period of not less than 1 year for the eligible applicant to satisfy the conditions. ``(b) Selection Criteria.--In making a determination under subsection (a), the Administrator shall consider-- ``(1) the likelihood that the eligible applicant will meet the goals specified in the business plan of the eligible applicant; ``(2) the likelihood that the investments of the eligible applicant will create or preserve jobs in the United States, both directly and indirectly; ``(3) the character and fitness of the management of the eligible applicant; ``(4) the experience and background of the management of the eligible applicant; ``(5) the extent to which the eligible applicant will concentrate investment activities on early-stage small businesses; ``(6) the likelihood that the eligible applicant will achieve profitability; ``(7) the experience of the management of the eligible applicant with respect to establishing a profitable investment track record; ``(8) the extent to which the eligible applicant will concentrate investment activities on small business concerns in targeted industries; and ``(9) the extent to which the eligible applicant will concentrate investment activities on small business concerns in targeted industries that have received funds from an agency of the Federal Government, including-- ``(A) the National Institutes of Health; ``(B) the National Science Foundation; and ``(C) funds received under the Small Business Innovation Research Program or the Small Business Technology Transfer Program, as such terms are defined under section 9 of the Small Business Act (15 U.S.C. 638). ``(c) Final Approval.-- ``(1) In general.--Not later than 90 days after the date on which an eligible applicant satisfies the conditions identified by the Administrator under subsection (a), the Administrator shall provide final approval to the eligible applicant to participate in the program. ``(2) Exception.--Not later than 30 days after the date on which an eligible applicant, the partnership or management agreement of which conforms to models approved by the Administrator, satisfies the conditions identified by the Administrator under subsection (a), the Administrator shall provide final approval to the eligible applicant to participate in the program. ``(3) Revocation of conditional approval.--If an eligible applicant fails to satisfy the conditions identified by the Administrator under subsection (a) in the time period required by that subsection, the Administrator shall revoke the conditional approval. ``SEC. 399F. EQUITY FINANCINGS. ``(a) In General.--The Administrator may make 1 or more equity financings to a participating investment company. ``(b) Equity Financing Amounts.-- ``(1) Non-federal capital.--An equity financing made to a participating investment company under the program may not be in an amount that exceeds the amount of the capital of the participating investment company that is not from a Federal source and that is available for investment on or before the date on which an equity financing is drawn upon by the participating investment company. The capital of the participating investment company may include legally binding commitments with respect to capital for investment. ``(2) Limitation on aggregate amount.--The aggregate amount of all equity financings made to a participating investment company under the program may not exceed $100,000,000. ``(c) Equity Financing Process.--In making an equity financing under the program, the Administrator shall commit an equity financing amount to a participating investment company, and the amount of each commitment shall remain available to be drawn upon by a participating investment company-- ``(1) for new-named investments, during the 5-year period beginning on the date on which the commitment is first drawn upon by the participating investment company; and ``(2) for follow-on investments and management fees, during the 10-year period beginning on the date on which the commitment is first drawn upon by the participating investment company, with not more than 2 additional 1-year periods available at the discretion of the Administrator. ``(d) Commitment of Funds.--Not later than 2 years after the date on which funds are appropriated for the program, the Administrator shall make commitments for equity financings. ``SEC. 399G. INVESTMENTS IN EARLY-STAGE SMALL BUSINESSES. ``(a) In General.--As a condition of receiving an equity financing under the program, a participating investment company shall make all of the investments of the participating investment company made with amounts received under the program, including securities, promissory notes, or other obligations, in small business concerns, of which at least 50 percent of the total amount of such investments shall be in early-stage small businesses in targeted industries. ``(b) Evaluation of Compliance.--After a participating investment company has expended not less than 50 percent of the amount of an equity financing commitment made under section 399F, the Administrator shall evaluate the compliance of the participating investment company with the requirements under subsection (a). ``(c) Waiver.--The Administrator may waive the requirements for a participating investment company under subsection (a) if the Administrator determines that it is in the best interest of the long term solvency of the fund established in section 399J. ``SEC. 399H. PRO RATA INVESTMENT SHARES. ``Each investment made by a participating investment company under the program shall be treated as comprised of capital from equity financings under the program according to the ratio that capital from equity financings under the program bears to all capital available to the participating investment company for investment. ``SEC. 399I. EQUITY FINANCING INTEREST. ``(a) Equity Financing Interest.-- ``(1) In general.--As a condition of receiving an equity financing under the program, a participating investment company shall convey an equity financing interest to the Administrator in accordance with paragraph (2). ``(2) Effect of conveyance.--The equity financing interest conveyed under paragraph (1)-- ``(A) shall have all the rights and attributes of other investors attributable to their interests in the participating investment company; ``(B) shall not denote control or voting rights to the Administrator; and ``(C) shall entitle the Administrator to a pro rata portion of any distributions made by the participating investment company equal to the percentage of capital in the participating investment company that the equity financing comprises, which shall be made at the same times and in the same amounts as any other investor in the participating investment company with a similar interest. ``(3) Allocations.--A participating investment company shall make allocations of income, gain, loss, deduction, and credit to the Administrator with respect to the equity financing interest as if the Administrator were an investor. ``(b) Manager Profits.--As a condition of receiving an equity financing under the program, the manager profits interest payable to the managers of a participating investment company under the program shall not exceed 20 percent of profits, exclusive of any profits that may accrue as a result of the capital contributions of any such managers with respect to the participating investment company. Any excess of manager profits interest, less taxes payable thereon, shall be returned by the managers and paid to the investors and the Administrator in proportion to the capital contributions and equity financings paid in. No manager profits interest (other than a tax distribution) shall be paid before the repayment to the investors and the Administrator of all contributed capital and equity financings made. ``(c) Distribution Requirements.--As a condition of receiving an equity financing under the program, a participating investment company shall make all distributions to all investors in cash and shall make distributions within a reasonable time after exiting investments, including following a public offering or market sale of underlying investments. ``SEC. 399J. FUND. ``There is established in the Treasury a separate account (in this section referred to as `the fund') for equity financings which shall be available to the Administrator, subject to annual appropriations, as a revolving fund to be used for the purposes of the program. All amounts received by the Administrator under the program, including any moneys, property, or assets derived by the Administrator from operations in connection with the program, shall be deposited in the fund. ``SEC. 399K. APPLICATION OF OTHER SECTIONS. ``To the extent not inconsistent with requirements under this part, the Administrator may apply sections 309, 311, 312, 313, and 314 to activities under this part, and an officer, director, employee, agent, or other participant in a participating investment company shall be subject to the requirements under such sections. ``SEC. 399L. ANNUAL REPORTING. ``The Administrator shall include information on the performance of the program in the annual performance report of the Administration required to be submitted under section 10(a) of the Small Business Act (15 U.S.C. 639(a)).''.

Small Business Innovation Act of 2013 - Amends the Small Business Investment Act of 1958 to authorize the Administrator of the Small Business Administration (SBA) to guarantee the payment of up to $4 billion per fiscal year for debentures or participating securities issued by small business investment companies (SBICs) to encourage the formation and growth of small businesses. Increases from $225 million to $350 million the maximum amount of outstanding leverage for two or more commonly-controlled SBICs. Direct the Administrator to establish and carry out an early-stage investment program to provide, through participating investment companies, equity financing to support early-stage businesses (gross annual sales of $15 million or less in any of the previous three years). Outlines investment company application requirements and selection and approval procedures. Allows the Administrator to make one or more equity financings to a participating company, with a limit of $100 million to any one company. Requires the company to make all of its investments in small businesses, of which at least 50% shall be early-stage small businesses in specified targeted industries. Establishes in the Treasury a separate account for equity financings under the program.

Small Business Innovation Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safer Officers and Safer Citizens Act of 2015''. SEC. 2. FINDINGS. Congress finds the following: (1) While police body worn cameras are not a panacea, they do contribute to keeping both law enforcement officers and citizens safer. (2) Increasing the use of body worn cameras by law enforcement officers has been shown by multiple studies to significantly reduce the number of use of force incidents and the number of citizen complaints. (3) Increased accountability and transparency in policing activities will benefit all our citizens, including our law enforcement officers. SEC. 3. GRANT PROGRAM. Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end the following: ``PART LL--GRANT PROGRAM FOR BODY WORN CAMERAS FOR LAW ENFORCEMENT OFFICERS ``SEC. 3021. PROGRAM AUTHORIZED. ``(a) In General.--The Director of the Bureau of Justice Assistance is authorized to make grants to States, units of local government, and Indian tribes to purchase body worn cameras for use by State, local, and tribal law enforcement officers. ``(b) Uses of Funds.--Grants awarded under this section shall be-- ``(1) distributed directly to the State, unit of local government, or Indian tribe; and ``(2) used for the purchase of-- ``(A) body worn cameras for law enforcement officers; and ``(B) necessary initial supportive technological infrastructure for body worn cameras for law enforcement officers in the jurisdiction of the grantee. ``(c) Preferential Consideration.--In awarding grants under this part, the Director of the Bureau of Justice Assistance shall give preferential consideration, if feasible, to an application from a jurisdiction that-- ``(1) has in place a comprehensive policy that is-- ``(A) developed in consultation with a broad group of criminal justice experts and community members, and that contains policies and procedures addressing deployment, video capture, privacy protections, viewing, use, release, storage, retention, the effect on community-police interactions, and audits and controls; ``(B) supported by a comprehensive communication and education campaign that involves interested parties in law enforcement, courts, prosecution, the defense bar, civic leadership, labor organizations, victim and juvenile advocacy, the media, and the public; and ``(C) informed by the best practices on body worn cameras developed by the Department of Justice; ``(2) has the greatest need for body worn cameras based on the percentage of law enforcement officers in the department who do not have access to a body worn camera; ``(3) has a violent crime rate at or above the national average as determined by the Bureau of Justice Statistics; and ``(4) commits to submitting such metrics on the usage of body worn cameras, in such a format and at such a time as the Department of Justice shall reasonably specify, for the purposes of collecting and studying data on the effectiveness of body worn cameras to increase safety for both law enforcement officers and citizens. ``(d) Matching Funds.--The portion of the costs of a program provided by a grant under subsection (a) may not exceed 75 percent. Any funds appropriated by Congress for the activities of any agency of an Indian tribal government or the Bureau of Indian Affairs performing law enforcement functions on any Indian lands may be used to provide the non-Federal share of a matching requirement funded under this subsection. ``SEC. 3022. APPLICATIONS. ``(a) In General.--To request a grant under this part, the chief executive of a State, unit of local government, or Indian tribe shall submit an application to the Director of the Bureau of Justice Assistance in such form and containing such information as the Director may reasonably require. ``(b) Regulations.--Not later than 90 days after the date of the enactment of this part, the Director of the Bureau of Justice Assistance shall promulgate regulations to implement this section, including the information that must be included and the requirements that the States, units of local government, and Indian tribes must meet in submitting the applications required under this section. ``SEC. 3023. DEFINITIONS. ``For purposes of this part-- ``(1) the term `Indian tribe' has the same meaning as in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)); ``(2) the term `law enforcement officer' means any officer, agent, or employee of a State, unit of local government, or Indian tribe authorized by law or by a government agency to engage in or supervise the prevention, detection, or investigation of any violation of criminal law, or authorized by law to supervise sentenced criminal offenders; ``(3) the term `State' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands; and ``(4) the term `unit of local government' means a county, municipality, town, township, village, parish, borough, or other unit of general government below the State level. ``SEC. 3024. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--There are authorized to be appropriated to carry out this part, $100,000,000 for each of fiscal years 2016 through 2021. ``(b) Remaining Funds.--Any amounts made available to carry out this part that are unobligated at the end of each fiscal year, shall be returned to the general fund of the Treasury for debt reduction.''. SEC. 4. OFFSET. (a) Findings.--Congress finds the following: (1) The Office of Personnel Management allows for administrative leave as an administratively authorized absence from duty without loss of pay or charge to leave, but recognizes that administrative leave is not an entitlement, and agencies are not required to grant it. (2) Administrative leave does not include annual leave, maternity leave, sick leave, leave taken in accordance with the Family and Medical Leave Act of 1993 (29 U.S.C. 2611 et seq.), or military leave. (3) A Government Accountability Office report on Federal paid administrative leave detailed data from the Office of Personnel Management that showed that from fiscal year 2011 through fiscal year 2013, about 97 percent of Federal employees charged 20 days or less of paid administrative leave, although some Federal employees charged between 1 and 3 years of paid administrative leave. Further, Agency officials stated that the most common reason for which selected employees charged amounts relatively higher than the agency average was for personnel matters, such as investigations into alleged misconduct. (b) Requirement.-- (1) Definitions.--In this subsection-- (A) the term ``administrative leave'' means leave without loss of or reduction in-- (i) pay; (ii) leave to which an employee is otherwise entitled; or (iii) credit for time or service; and (B) the term ``agency'' has the meaning given the term ``executive agency'' under section 105 of title 5, United States Code. (2) Regulations.--Not later than 90 days after the date of enactment of this Act-- (A) the Office of Personnel Management shall issue regulations limiting administrative leave for an employee of any agency to not more than 20 days per year, unless approved individually by the head of the agency; and (B) the Office of Management and Budget shall ensure each agency adjusts the number of employees (determined on a full-time equivalent basis) authorized to be employed by the agency, and each component of the agency, to reflect lower personnel requirements due to increased available work hours per employee.

Safer Officers and Safer Citizens Act of 2015 This bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Department of Justice's Bureau of Justice Assistance to award matching grants to states, local governments, and Indian tribes to purchase body-worn cameras. The Bureau of Justice Assistance must give preference to grant applications from jurisdictions that: (1) have comprehensive policies and procedures related to implementation of a body-worn camera program, (2) have high percentages of officers without access to body-worn cameras, (3) have violent crime rates above the national average, and (4) agree to submit metrics on the use of body-worn cameras. To offset the cost, it requires the Office of Personnel Management to issue regulations to limit administrative leave for federal employees to 20 days per year, unless approved individually by the agency head. The Office of Management and Budget must ensure each agency adjusts the number of authorized full-time equivalent employees to reflect lower personnel requirements due to increased available work hours per employee.

Safer Officers and Safer Citizens Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Fair Treatment Act of 1995''. SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I--REGULATORY SIMPLIFICATION AND VOLUNTARY COMPLIANCE Sec. 101. Definitions. Sec. 102. Compliance guides. Sec. 103. No action letter. Sec. 104. Voluntary self-audits. TITLE II--MISCELLANEOUS PROVISIONS Sec. 201. Performance measures. Sec. 202. Grace period for correction of violations of Environmental Protection Agency regulations. Sec. 203. Waiver of punitive fines for small entities. TITLE I--REGULATORY SIMPLIFICATION AND VOLUNTARY COMPLIANCE SEC. 101. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Compliance guide.--The term ``compliance guide'' means a publication made by a covered agency under section 102(a). (2) Covered agency.--The term ``covered agency'' means any agency that, on the date of enactment of this Act, has promulgated any rule for which a regulatory flexibility analysis was required under section 605 of title 5, United States Code, and any other agency that promulgates any such rule, as of the date of enactment of this Act. (3) No action letter.--The term ``no action letter'' means a written determination from a covered agency stating that, based on a no action request submitted to the agency by a small entity, the agency will not take enforcement action against the small entity under the rules of the covered agency. (4) No action request.--The term ``no action request'' means a written correspondence submitted by a small entity to a covered agency-- (A) stating a set of facts; and (B) requesting a determination by the agency of whether the agency would take an enforcement action against the small entity based on such facts and the application of any rule of the agency. (5) Rule.--The term ``rule'' has the same meaning as in section 601(2) of title 5, United States Code. (6) Small entity.--The term ``small entity'' has the same meaning as in section 601(6) of title 5, United States Code. (7) Small business concern.--The term ``small business concern'' has the same meaning as in section 3 of the Small Business Act. (8) Voluntary self-audit.--The term ``voluntary self- audit'' means an audit, assessment, or review of any operation, practice, or condition of a small entity that-- (A) is initiated by an officer, employee, or agent of the small entity; and (B) is not required by law. SEC. 102. COMPLIANCE GUIDES. (a) Compliance Guide.-- (1) Publication.--If a covered agency is required to prepare a regulatory flexibility analysis for a rule or group of related rules under section 603 of title 5, United States Code, the agency shall publish a compliance guide for such rule or group of related rules. (2) Requirements.--Each compliance guide published under paragraph (1) shall-- (A) contain a summary description of the rule or group of related rules; (B) contain a citation to the location of the complete rule or group of related rules in the Federal Register; (C) provide notice to small entities of the requirements under the rule or group of related rules and explain the actions that a small entity is required to take to comply with the rule or group of related rules; (D) be written in a manner to be understood by the average owner or manager of a small entity; and (E) be updated as required to reflect changes in the rule. (b) Dissemination.-- (1) In general.--Each covered agency shall establish a system to ensure that compliance guides required under this section are published, disseminated, and made easily available to small entities. (2) Small business development centers.--In carrying out this subsection, each covered agency shall provide sufficient numbers of compliance guides to small business development centers for distribution to small businesses concerns. (c) Limitation on Enforcement.-- (1) In general.--No covered agency may bring an enforcement action in any Federal court or in any Federal administrative proceeding against a small entity to enforce a rule for which a compliance guide is not published and disseminated by the covered agency as required under this section. (2) Effective dates.--This subsection shall take effect-- (A) 1 year after the date of the enactment of this Act with regard to a final regulation in effect on the date of the enactment of this Act; and (B) on the date of the enactment of this Act with regard to a regulation that takes effect as a final regulation after such date of enactment. SEC. 103. NO ACTION LETTER. (a) Application.--This section applies to all covered agencies, except-- (1) the Federal Trade Commission; (2) the Equal Employment Opportunity Commission; and (3) the Consumer Product Safety Commission. (b) Issuance of No Action Letter.--Not later than 90 days after the date on which a covered agency receives a no action request, the agency shall-- (1) make a determination regarding whether to grant the no action request, deny the no action request, or seek further information regarding the no action request; and (2) if the agency makes a determination under paragraph (1) to grant the no action request, issue a no action letter and transmit the letter to the requesting small entity. (c) Reliance on No Action Letter or Compliance Guide.--In any enforcement action brought by a covered agency in any Federal court or Federal administrative proceeding against a small entity, the small entity shall have a complete defense to any allegation of noncompliance or violation of a rule if the small entity affirmatively pleads and proves by a preponderance of the evidence that the act or omission constituting the alleged noncompliance or violation was taken in good faith with and in reliance on-- (1) a no action letter from that agency; or (2) a compliance guide of the applicable rule published by the agency under section 102(a). SEC. 104. VOLUNTARY SELF-AUDITS. (a) Procedures.--Each agency shall establish voluntary self-audit procedures for small entities regulated by the agency. (b) Inadmissibility of Evidence and Limitation on Discovery.--If action to address a violation is taken not later than 180 days after the date on which a voluntary self-audit is concluded, the evidence described in subsection (c)-- (1) shall not be admissible, unless agreed to by the small entity, in any enforcement action brought against a small entity by a Federal agency in any Federal-- (A) court; or (B) administrative proceeding; and (2) may not be the subject of discovery in any enforcement action brought against a small entity by a Federal agency in any Federal-- (A) court; or (B) administrative proceeding. (c) Application.--For purposes of subsection (b), the evidence described in this subsection is-- (1) a voluntary self-audit made in good faith; and (2) any report, finding, opinion, or any other oral or written communication made in good faith relating to such voluntary self-audit. (d) Exceptions.--Subsection (b) shall not apply if-- (1) the act or omission that forms the basis of the enforcement action is a violation of criminal law; or (2) the voluntary self-audit or the report, finding, opinion, or other oral or written communication was prepared for the purpose of avoiding disclosure of information required for an investigative, administrative, or judicial proceeding that, at the time of preparation, was imminent or in progress. TITLE II--MISCELLANEOUS PROVISIONS SEC. 201. PERFORMANCE MEASURES. No covered agency shall establish or enforce agency personnel practices that reward agency employees, directly or indirectly, based on the number of contacts made with small entities in pursuit of enforcement actions or on the amount of fines levied against small entities to enforce agency regulations. SEC. 202. GRACE PERIOD FOR CORRECTION OF VIOLATIONS OF ENVIRONMENTAL PROTECTION AGENCY REGULATIONS. (a) In General.--Subject to subsection (b), for violations of regulations identified on or after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall afford small entities 180 days after the date on which the violation is identified to correct such violation. (b) Exception.--Subsection (a) shall not apply-- (1) if the Administrator of the Environmental Protection Agency determines that there is an imminent risk to public health or worker safety; or (2) to a violation of a regulation for which criminal liability may be imposed. SEC. 203. WAIVER OF PUNITIVE FINES FOR SMALL ENTITIES. Notwithstanding any other law, policy, or practice, a covered agency may waive all or part of a punitive fine that would otherwise be imposed on a small entity if-- (1) the fine is for a first time violation of a law or regulation; and (2) the small entity acts quickly and in good faith to correct the violation.

TABLE OF CONTENTS: Title I: Regulatory Simplification and Voluntary Compliance Title II: Miscellaneous Provisions Small Business Fair Treatment Act of 1995 - Title I: Regulatory Simplification and Voluntary Compliance - Directs a Federal regulatory agency that is required to prepare a regulatory flexibility analysis for a rule or group of related rules to publish a compliance guide which: (1) contains a summary of the rules and a citation as to their location; (2) provides a notice to small businesses (small entities) of such rules as well as an understandable explanation of actions necessary for compliance; and (3) is updated as required. Requires such guide to be disseminated to small entities, as well as to small business development centers. Prohibits any covered agency from bringing an action against a small entity to enforce a rule for which such a guide has not been published and disseminated. (Sec. 103) Requires covered agencies other than the Federal Trade Commission, the Equal Employment Opportunity Commission, and the Consumer Product Safety Commission to determine within 90 days whether to grant or deny a request by a small entity that no action be taken against such entity with respect to the enforcement of a rule (no action request). Allows a small entity to rely on a no action response from a covered agency in any subsequent action brought against the small entity for a rule's enforcement. (Sec. 104) Requires each covered agency to establish voluntary self-audit procedures for small entities regulated by the agency. Makes inadmissible as evidence in an action, as well as outside the bounds of discovery, any information compiled by a small entity in a voluntary self-audit, as long as an action to address such violation is brought within 180 days after the conclusion of the self-audit. Title II: Miscellaneous Provisions - Prohibits any covered agency from establishing personnel practices that reward its employees based on the number of contacts made with small entities in pursuit of enforcement actions or the levy of fines to enforce agency regulations. (Sec. 202) Directs the Administrator of the Environmental Protection Agency (EPA) to afford small entities a 180-day grace period for the correction of EPA violations, with exceptions. (Sec. 203) Authorizes a covered agency to waive all or part of any punitive fine that would otherwise be imposed on a small entity: (1) for a first time violation; and (2) if the small entity acts quickly and in good faith to correct the violation.

Small Business Fair Treatment Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Careers Act''. SEC. 2. FINDINGS. Congress finds the following: (1) A career guidance and counseling program develops an individual's competencies in self-knowledge, educational and occupational exploration, and career planning. (2) Career guidance and counseling programs help individuals acquire the knowledge, skills, and experience necessary to identify options, explore alternatives, and succeed in a 21st century society. (3) The American School Counselor Association recommends a student-to-counselor ratio of two-hundred fifty to one. Forty- seven States do not meet this recommendation. (4) School counselors design and implement comprehensive school counseling programs that include educational and career planning activities for all students that are designed to assist students in reaching academic, career, and personal goals. (5) Students at schools with highly integrated, rigorous, academic and career and technical education programs have significantly higher achievement in reading, mathematics, and science than do students at schools with less integrated programs. SEC. 3. CAREER COUNSELING PROGRAM. (a) Program Authorized.--Part B of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6621 et seq.) is amended by adding at the end the following: ``Subpart 5--Career Counseling Program ``SEC. 2251. DEFINITIONS. ``In this subpart: ``(1) Career counselor.--The term `career counselor' means a school counselor licensed or certified by a State. ``(2) Comprehensive career counseling program.--The term `comprehensive career counseling program' means a program that-- ``(A) provides access for students (and parents, as appropriate) to information regarding career awareness and planning with respect to an individual's occupational and academic future; ``(B) provides information with respect to career options, financial aid, and postsecondary options, including baccalaureate degree programs, registered apprenticeship programs, and professional trades; and ``(C) is implemented in a school by a career counselor. ``(3) Educational development plan.--The term `educational development plan' means an individualized plan for a student that-- ``(A) contains a series of steps to help the student promote career awareness and exploration; and ``(B) assists students in identifying-- ``(i) career and technical programs of study described in section 122(c)(1)(A) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2342(c)(1)(A)); ``(ii) career pathways (as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102)); and ``(iii) programs of training services leading to a recognized postsecondary credential included on a State's list under section 122(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3152(d)). ``(4) Registered apprenticeship program.--The term `registered apprenticeship program' means an apprenticeship program registered under the Act of August 16, 1937 (commonly known as the `National Apprenticeship Act'; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.). ``SEC. 2252. CAREER COUNSELING PROGRAM. ``(a) Program Authorized.--From amounts made available to carry out this subpart, the Secretary shall award grants, on a competitive basis, to State educational agencies, to pay the Federal share of a program enabling the State educational agencies to address the shortage of career counselors and to expand effective career counseling programs by awarding subgrants under section 2253. ``(b) Application.--A State that desires a grant under this subpart shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including a description of-- ``(1) how the State will award subgrants with an emphasis toward supporting local educational agencies with disproportionally high student-to-counselor ratios; ``(2) a professional development program approved by the State for all career counselors in the State, which may include opportunities for externships, fellowships, and other activities to ensure that career counselors are able to provide current and relevant workforce information; ``(3) how the State will provide technical assistance to local educational agencies to enable the local educational agencies to qualify for subgrants; ``(4) the State-wide strategies to be implemented by the State to increase the number of high-quality career counselors; ``(5) how the State will disseminate, in a timely manner, information regarding-- ``(A) national, regional, and local labor market trends; and ``(B) other career-relevant data; and ``(6) how the State will assist local educational agencies in the State in developing a comprehensive career counseling program. ``(c) Special Consideration.--In awarding grants under this program, the Secretary shall give special consideration to State educational agencies that have high student-to-counselor ratios. ``(d) Federal Share; Non-Federal Share.-- ``(1) Federal share.--The Federal share of a grant under this subpart shall be 80 percent of the costs of the activities under the grant. ``(2) Non-federal share.--The non-Federal share of a grant under this subpart shall be 20 percent, and may be provided in cash or in-kind. ``(e) Use of Funds.--Each State receiving a grant under this subpart-- ``(1) may use not more than 10 percent of the total amounts available for the grant to support the grant by carrying out the activities described in paragraphs (2) through (6) of subsection (b), as proposed by the State and approved by the Secretary in the application submitted under subsection (b); ``(2) may use not more than 3 percent of such total amounts for the administrative costs associated with the grant; and ``(3) shall use not less than 87 percent of such total amounts to carry out the subgrant program described in section 2253. ``SEC. 2253. CAREER COUNSELING SUBGRANTS. ``(a) Subgrants Authorized.--From amounts made available under section 2252(e)(3), each State receiving a grant under this subpart shall award subgrants, on a competitive basis, to local educational agencies to enable the local educational agencies to improve career counseling programs. ``(b) Application.--A local educational agency desiring a subgrant under this subpart shall submit to the State an application at such time, in such manner, and containing such information as the State may require, including the following: ``(1) A description of a comprehensive career counseling program to be offered in the local educational agency that-- ``(A) encompasses grades 6 through 12; ``(B) includes strategies to ensure that-- ``(i) all students served by the local educational agency start developing an educational development plan beginning in grade 7; and ``(ii) the educational development plan of each student is regularly reviewed and updated until the date that the student graduates from secondary school or is no longer enrolled in a school served by the local educational agency; and ``(C) is developed in consultation with not less than two of the following types of stakeholders: ``(i) Institutions of higher education or postsecondary vocational institutions (as defined in section 102(c) of the Higher Education Act of 1965 (20 U.S.C. 1002(c))). ``(ii) Sponsors of registered apprenticeship programs. ``(iii) Local boards (as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102)). ``(iv) Nonprofit organizations with expertise in career counseling. ``(v) Tribal organizations. ``(vi) Labor organizations. ``(vii) Trade associations. ``(2) In the case of a local educational agency whose student-to-counselor ratio is higher than the national average ratio (as determined by the American School Counselor Association, or a similar organization designated by the Secretary), a description of the activities that will be offered under the program described in paragraph (1) to reduce the local educational agency's ratio. ``(3) A description of activities to be offered under the comprehensive career counseling program to promote student engagement with registered apprenticeship programs, internships, and other work-based learning experiences. ``(4) A description of the strategies to be employed by the local educational agency-- ``(A) to ensure the effective dissemination of career and labor market information to parents and students; and ``(B) to ensure students are aware of in-school career development activities, including career and technical education programs and career and technical student organizations. ``(5) A description of how the local educational agency will ensure that parents of students are routinely engaged in the development of the educational development plans for their students. ``(6) A description of the strategies to be employed by the local educational agency-- ``(A) for ensuring that the comprehensive career counseling program described in paragraph (1) is incorporated in the school curriculum; and ``(B) for bolstering career readiness among out-of- school youth, economically disadvantaged students, students who are children with disabilities, and other at-risk populations. ``(c) Use of Subgrant Funds.--A local educational agency receiving a subgrant under this section-- ``(1) shall use subgrant funds to-- ``(A) develop and implement the comprehensive career counseling program proposed by the local educational agency in the application submitted under subsection (b)(1); and ``(B) develop and carry out other activities and strategies proposed in the application under subsection (b); and ``(2) may use subgrant funds to-- ``(A) purchase software or online platforms to directly support the comprehensive career counseling program of the local educational agency; and ``(B) train school personnel to effectively provide students with current and relevant workforce information. ``SEC. 2254. REPORTS. ``Each State educational agency receiving a grant under this subpart shall submit an annual report to the Secretary regarding the progress of the grant. ``SEC. 2255. SUPPLEMENT NOT SUPPLANT. ``Amounts made available under this subpart shall supplement, and not supplant, other amounts available to carry out the activities supported under this subpart. ``SEC. 2256. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this subpart $15,000,000 for fiscal year 2019 and each of the 4 succeeding fiscal years.''. (b) Conforming Amendment.--Section 2003(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6603(b)) is amended by inserting ``(except for subpart 5)'' after ``part B''.

Careers Act This bill amends the Elementary and Secondary Education Act of 1965 to require the Department of Education to award competitive grants to state educational agencies for: (1) activities to address the shortage of career counselors in public schools and, (2) subgrants to local educational agencies for the expansion of effective career-counseling programs.

Careers Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia Receivership Accountability Act of 2000''. SEC. 2. SPECIAL RULES APPLICABLE TO RECEIVERS WITH RESPONSIBILITIES OVER DISTRICT OF COLUMBIA GOVERNMENT. (a) In General.--Each District of Columbia receiver shall be subject to the requirements described in section 3. (b) District of Columbia Receiver Defined.--In this Act, a ``District of Columbia receiver'' is any receiver or other official who is first appointed by the United States District Court for the District of Columbia or the Superior Court of the District of Columbia during 1995 or any succeeding year to administer any department, agency, or office of the government of the District of Columbia. SEC. 3. REQUIREMENTS DESCRIBED. (a) Promoting Financial Stability and Management Efficiency.--Each District of Columbia receiver who is responsible for the administration of a department, agency, or office of the government of the District of Columbia shall carry out the administration of such department, agency, or office through practices which promote the financial stability and management efficiency of the government of the District of Columbia. (b) Cost Control.--Each District of Columbia receiver who is responsible for the administration of a department, agency, or office of the government of the District of Columbia shall ensure that the costs incurred in the administration of such department, agency, or office (including personnel costs of the receiver) are consistent with applicable regional and national standards. (c) Use of Practices to Promote Efficient and Cost-Effective Administration.--Each District of Columbia receiver who is responsible for the administration of a department, agency, or office of the government of the District of Columbia shall carry out the administration of such department, agency, or office through the application of generally accepted accounting principles and generally accepted fiscal management practices. (d) Preparation and Submission of Budget.-- (1) Consultation with mayor and chief financial officer.--In preparing the annual budget for a fiscal year for the department, agency, or office of the government of the District of Columbia administered by the receiver, each District of Columbia receiver shall consult with the Mayor and Chief Financial Officer of the District of Columbia. (2) Submission of estimates.--After the consultation required under paragraph (1), the receiver shall prepare and submit to the Mayor, for inclusion in the annual budget of the District of Columbia for the year, the receiver's estimates of the expenditures and appropriations necessary for the maintenance and operation of the department, agency, or office for the year. (3) Treatment by mayor and council.--The estimates submitted under paragraph (2) shall be forwarded by the Mayor to the Council for its action pursuant to sections 446 and 603(c) of the District of Columbia Home Rule Act, without revision but subject to the Mayor's recommendations. Notwithstanding any provision of the District of Columbia Home Rule Act, the Council may comment or make recommendations concerning such estimates but shall have no authority under such Act to revise such estimates. (4) Exceptions.--This subsection shall not apply with respect to-- (A) any department, agency, or office of the government of the District of Columbia administered by a District of Columbia receiver for which, under the terms of the receiver's appointment by the court involved, the Mayor and the Council may revise the annual budget; or (B) the District of Columbia Housing Authority receiver appointed during 1995. (5) Effective date.--This subsection shall apply with respect to fiscal year 2001 and each succeeding fiscal year. (e) Annual Fiscal, Management, and Program Audit.-- (1) In general.--An annual fiscal, management, and program audit of each department, agency, or office of the government of the District of Columbia administered by a District of Columbia receiver shall be conducted by an independent auditor selected jointly by the receiver involved (or the receiver's designee) and the Mayor (or the Mayor's designee), and each District of Columbia receiver shall provide the auditor with such information and assistance as the auditor may require to conduct such audit. (2) Exceptions.--Paragraph (1) shall not apply with respect to-- (A) any department, agency, or office of the government of the District of Columbia administered by a District of Columbia receiver for which, under the terms of the receiver's appointment by the court involved, audits are conducted by an auditor selected jointly by the parties to the action under which the receiver was appointed; or (B) the District of Columbia Housing Authority receiver appointed during 1995. (f) Procurement.-- (1) In general.--In carrying out procurement on behalf of the department, agency, or office of the government of the District of Columbia administered by the receiver, each District of Columbia receiver-- (A) shall obtain full and open competition through the use of competitive procedures; and (B) shall use the competitive procedure or combination of competitive procedures which is best suited under the circumstances of the procurement. (2) Exceptions.-- (A) Alternative methods for certain procurement.-- Notwithstanding paragraph (1), a District of Columbia receiver may use alternative methods to carry out procurement if-- (i) the amount involved is nominal; (ii) the public exigencies require the immediate delivery of the articles or performance of the service involved; (iii) the receiver certifies that only one source of supply is available; or (iv) the services involved are required to be performed by the contractor in person and are of a technical and professional nature or are performed under the receiver's supervision and paid for on a time basis. (B) Housing authority.--Paragraph (1) shall not apply with respect to the District of Columbia Housing Authority receiver appointed during 1995. SEC. 4. CLARIFICATION OF APPLICABILITY OF ANTI-DEFICIENCY ACT. Nothing in subchapter III of chapter 13 of title 31, United States Code, may be construed to waive the application of the provisions of such subchapter which apply to officers or employees of the District of Columbia government to any District of Columbia receiver. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Authorizes the Mayor and the D.C. Council to make revisions to such estimates if, under the terms of the receiver's appointment by the court involved, the Mayor and the Council are authorized to do so, or if the estimates were proposed by the District Housing Authority receiver appointed during 1995. Requires: (1) an independent auditor, selected jointly by the receiver involved and the Mayor, to conduct an annual fiscal, management, and program audit of each District department, agency, or office administered by a receiver (unless, under the terms of the receiver's appointment by the court involved, audits are conducted by an auditor selected jointly by the parties to the action under which the receiver was appointed or the receiver is the District Housing Authority receiver appointed during 1995); and (2) the receiver to carry out procurement on behalf of such entities by obtaining full and open competition through the use of competitive procedures, with the exception that alternative methods may be used under specified conditions. Applies, with respect to District receivers, provisions of the Anti-Deficiency Act which limit expenditure and obligation amounts.

District of Columbia Receivership Accountability Act of 2000

SECTION 1. RELIQUIDATION OF CERTAIN TOMATO SAUCE PREPARATION ENTERED BETWEEN DECEMBER 28, 1990, AND FEBRUARY 9, 1991. (a) In General.--Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law and subject to the provisions of subsection (b), the United States Customs Service shall, not later than 90 days after the receipt of the request described in subsection (b), liquidate or reliquidate each entry described in subsection (d) containing any merchandise which, at the time of the original liquidation, was classified under subheading 2002.10.00 of the Harmonized Tariff Schedule of the United States (relating to tomatoes, prepared or preserved) at the rate of duty that would have been applicable to such merchandise if the merchandise had been liquidated or reliquidated under subheading 2103.90.60 or 2103.90.90 of the Harmonized Tariff Schedule of the United States, whichever is applicable, on the date of entry. (b) Requests.--Reliquidation may be made under subsection (a) with respect to an entry described in subsection (d) only if a request therefore is filed with the Customs Service within 90 days after the date of enactment of this Act. (c) Payment of Amounts Owed.--Any amounts owed by the United States pursuant to the liquidation or reliquidation of an entry under subsection (a), including any interest provided for by law, shall be paid not later than 90 days after the date of such liquidation or reliquidation. (d) Affected Entries.--The entries referred to in subsection (a) are as follows: Entry Number Entry Date 24601-237-0044368-4................ 12/28/90 24601-237-0044367-6................ 12/28/90 24601-237-0044369-2................ 12/29/90 24601-237-0044370-0................ 12/29/90 24601-237-0044371-8................ 12/29/90 24601-237-0044372-6................ 12/29/90 24601-237-0044373-4................ 12/29/90 24601-237-0044374-2................ 12/29/90 24601-237-0044375-9................ 12/29/90 24601-237-0044366-8................ 12/29/90 24601-237-0044411-2................ 01/03/91 24601-237-0044412-0................ 01/03/91 24601-237-0044414-6................ 01/03/91 24601-237-0044415-3................ 01/03/91 24601-237-0044416-1................ 01/03/91 24601-237-0044417-9................ 01/03/91 24601-237-0044413-8................ 01/03/91 24601-237-0044410-4................ 01/03/91 72704-442-1173199-5................ 01/15/91 24601-237-0044513-5................ 01/18/91 24601-237-0044512-7................ 01/18/91 24601-237-0044514-3................ 01/19/91 24601-237-0044515-0................ 01/19/91 24601-237-0044518-4................ 01/19/91 24601-237-0044519-2................ 01/19/91 24601-237-0044524-2................ 01/19/91 24601-237-0044533-3................ 01/19/91 24601-237-0044523-4................ 01/19/91 24601-237-0044522-6................ 01/19/91 24601-237-0044516-8................ 01/19/91 24601-237-0044520-0................ 01/19/91 24601-237-0044521-8................ 01/19/91 24601-237-0044517-6................ 01/19/91 24601-237-0044525-9................ 01/19/91 24601-237-0044564-8................ 02/01/91 24601-237-0044665-3................ 02/08/91 24601-237-0044672-9................ 02/08/91 24601-237-0044673-7................ 02/08/91 24601-237-0044674-5................ 02/08/91 24601-237-0044677-8................ 02/08/91 24601-237-0044660-4................ 02/08/91 24601-237-0044682-8................ 02/08/91 24601-237-0044669-5................ 02/09/91 24601-237-0044676-0................ 02/09/91 24601-237-0044678-6................ 02/09/91 24601-237-0044681-0................ 02/09/91 24601-237-0044683-6................ 02/09/91 24601-237-0044668-7................ 02/09/91 24601-237-0044680-2................ 02/09/91

Directs the Customs Service to liquidate or reliquidate certain entries of tomato sauce preparation and to refund any amounts owed.

A bill to reliquidate certain entires of tomato sauce preparation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on Financial Crisis Accountability Act of 2009''. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the ``Commission on Financial Crisis Accountability'' (hereafter in this Act referred to as the ``Commission''). SEC. 3. DUTIES. (a) In General.--The Commission shall conduct a study of the financial system in the United States. In conducting such study, the Commission shall examine the current financial crisis, its causes and its impact on the Federal deficit and tax revenues, including-- (1) regulation and transparency, (2) fraud and abuse, (3) the fairness and equity of the tax treatments of financial products and arrangements, and (4) the role of any and all participants in the financial services industry that the Commission deems necessary, including-- (A) government agencies, including the Department of Housing and Urban Development, Department of Treasury, the Securities and Exchange Commission, and any other agency the Commission considers necessary, (B) government-sponsored entities, including the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation, (C) the Board of Governors of the Federal Reserve System, and its banks and leadership, (D) the executive, legislative and judicial branches of government, (E) credit rating agencies, and (F) the Federal Deposit Insurance Corporation and the Commodities Futures Trading Corporation. (b) Report.--The Commission shall prepare a report to the Congress on its findings pursuant to the study conducted under subsection (a). Such report shall include a detailed statement of the findings, conclusions, and recommendations of the Commission and shall address the following: (1) The causes of the current financial crisis and how this kind of crisis can be avoided in the future. (2) The stage the current financial crisis is in and what can be expected in subsequent stages. (3) The impact of the current financial crisis on Federal revenues. (4) The extent to which the financial regulatory structure should be restructured. (5) The tax treatment of financial products and arrangements and how to make them more fair and equitable. (c) Shareholder Bill of Rights.--The Commission shall also make recommendations for investors bill of rights, which shall include necessary protections, as determined by the Commission, to prevent shareholders from being deprived of their rights and their savings. SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 10 members appointed as follows: (1) 3 members shall be appointed by the majority leader of the Senate. (2) 3 members shall be appointed by the Speaker of the House of Representatives. (3) 2 members shall be appointed by the minority leader of the Senate. (4) 2 members shall be appointed by the minority leader of the House of Representatives. (b) Qualifications.--The members shall have knowledge and expertise in matters to be studied by the Commission, except that the members shall not have a conflict of interest with any matter the Commission is required to review under section 3. (c) Terms.--Members shall be appointed for the life of the Commission. (d) Vacancies.--Any vacancy in the Commission shall be filled in the same manner as the original appointment. (e) Chair.--The Chair of the Commission shall be designated by the Speaker of the House of Representatives, after consulting with the majority leader of the Senate and the minority leaders of the House of Representatives and the Senate. (f) Deadline for Appointment.--The appointments of the members of the Commission shall be made no later than 30 days after the date of enactment of this Act. (g) Basic Pay.-- (1) Rates of pay.--Except as provided in paragraph (2), members shall each be paid at a rate not to exceed the rate of basic pay for level IV of the Executive Schedule for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Commission. (2) Prohibition of compensation of federal employees.-- Members of the Commission who are full-time officers or employees of the United States may not receive additional pay, allowances, or benefits by reason of their service on the Commission. (h) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (i) Retired Annuitants.--A member of the Commission who is an annuitant otherwise covered by section 8344 or section 8468 of title 5, United States Code, shall not be subject to the provisions of that section with respect to membership on the Commission by reason of membership on the Commission. (j) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (k) Meetings.-- (1) First meeting.--The Commission shall hold its first meeting on a date designated by the Speaker of the House of Representatives which is not later than 30 days after the date on which all members have been appointed. (2) Subsequent meetings.--After the first meeting, the Commission shall meet upon the call of the Chair. SEC. 5. STAFF OF COMMISSION. (a) Director.--The Commission shall have a Director who shall be appointed by the Chair. The Director shall be paid a rate not to exceed the maximum rate of basic pay for GS-15 of the General Schedule. (b) Additional Staff.--In addition to the Director, the Chair may appoint and fix the pay of up to 3 staff members, except that any staff member appointed under this subsection shall not be paid at a rate to exceed the maximum rate of basic pay for GS-15 of the General Schedule. (c) Applicability of Certain Civil Service Laws.--The Director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (d) Staff of Federal Agencies.--Upon the request of the Chair of the Commission, the head of any Federal department or agency may detail, without reimbursement, any of the personnel of that department or agency to the Commission to assist in carrying out its duties under this Act. SEC. 6. POWERS OF COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Obtaining Official Data.--The Commission may secure directly from any agency of the United States information necessary to enable it to carry out this Act. Upon the request of the Chair of the Commission, the head of that department or agency shall furnish that information to the Commission. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (e) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. SEC. 7. REPORT. The Commission shall transmit the report required by section 3 to the President and Congress not later than 90 days after the date on which the members of the Commission are first appointed. SEC. 8. TERMINATION. The Commission shall terminate 30 days after the date on which the Commission submits its final report to the President and Congress under section 7. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act.

Commission on Financial Crisis Accountability Act of 2009 - Establishes the Commission on Financial Crisis Accountability to study and report to Congress on the U.S. financial system. Requires the Commission to examine the current financial crisis, its causes, and its impact on the federal deficit and tax revenues.

To establish a commission on the tax and fiscal implications of the regulation of financial products and arrangements and to study the current financial crisis, its causes and impact on the Federal deficit and tax revenues.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Blunt Reservoir and Pierre Canal Land Conveyance Act of 2002''. SEC. 2. BLUNT RESERVOIR AND PIERRE CANAL. (a) Definitions.--In this section: (1) Blunt reservoir feature.--The term ``Blunt Reservoir feature'' means the Blunt Reservoir feature of the Oahe Unit, James Division, authorized by the Act of August 3, 1968 (82 Stat. 624), as part of the Pick-Sloan Missouri River Basin Program. (2) Governor.--The term ``Governor'' means the Governor of the State, or a designee of such Governor. (3) Nonpreferential lease parcel.--The term ``nonpreferential lease parcel'' means a parcel of land that-- (A) was purchased by the Secretary for use in connection with the Blunt Reservoir feature or the Pierre Canal feature; and (B) was considered to be a nonpreferential lease parcel by the Secretary as of January 1, 2001, and is reflected as such on the roster of leases of the Bureau of Reclamation for 2001. (4) Pierre canal feature.--The term ``Pierre Canal feature'' means the Pierre Canal feature of the Oahe Unit, James Division, authorized by the Act of August 3, 1968 (82 Stat. 624), as part of the Pick-Sloan Missouri River Basin Program. (5) Preferential leaseholder.--The term ``preferential leaseholder'' means a person or descendant of a person that held a lease on a preferential lease parcel as of January 1, 2001, and is reflected as such on the roster of leases of the Bureau of Reclamation for 2001. (6) Preferential lease parcel.--The term ``preferential lease parcel'' means a parcel of land that-- (A) was purchased by the Secretary for use in connection with the Blunt Reservoir feature or the Pierre Canal feature; and (B) was considered to be a preferential lease parcel by the Secretary as of January 1, 2001, and is reflected as such on the roster of leases of the Bureau of Reclamation for 2001. (7) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Commissioner of Reclamation. (8) State.--The term ``State'' means the State of South Dakota, including a successor in interest of the State. (9) Unleased parcel.--The term ``unleased parcel'' means a parcel of land that-- (A) was purchased by the Secretary for use in connection with the Blunt Reservoir feature or the Pierre Canal feature; and (B) is not under lease as of the date of enactment of this Act. (b) Deauthorization.--The Blunt Reservoir feature is deauthorized. (c) Acceptance of Land and Obligations.-- (1) In general.--As a condition of each conveyance under subsections (d)(5) and (e), respectively, the Governor shall agree-- (A) that the State shall accept in ``as is'' condition, the portions of the Blunt Reservoir feature and the Pierre Canal feature that pass into State ownership; (B) that the State shall assume any liability accruing after the date of conveyance as a result of the ownership, operation, or maintenance of the features referred to in subparagraph (A), including liability associated with certain outstanding obligations associated with expired easements, or any other right granted in, on, over, or across either feature; and (C) to act as the agent for the Secretary in administering the purchase option extended to preferential leaseholders under subsection (d). (2) Responsibilities of the state.--An outstanding obligation described in paragraph (1)(B) shall inure to the benefit of, and be binding upon, the State. (3) Oil, gas, mineral and other outstanding rights.--A conveyance to the State under subsection (d)(5) or (e) or a sale to a preferential leaseholder under subsection (d) shall be made subject to-- (A) oil, gas, and other mineral rights reserved of record, as of the date of enactment of this Act, by or in favor of a third party; and (B) any permit, license, lease, right-of-use, or right-of-way of record in, on, over, or across a feature referred to in paragraph (1)(A) that is outstanding as to a third party as of the date of enactment of this Act. (4) Additional conditions of conveyance to state.--A conveyance to the State under subsection (d)(5) or (e) shall be subject to the reservations by the United States and the conditions specified in section 1 of the Act of May 19, 1948 (chapter 310; 62 Stat. 240; 16 U.S.C. 667b), for the transfer of property to State agencies for wildlife conservation purposes. (d) Purchase Option.-- (1) In general.--A preferential leaseholder shall have an option to purchase from the Governor, acting as an agent for the Secretary, the preferential lease parcel that is the subject of the lease. (2) Terms.-- (A) In general.--Except as provided in subparagraph (B), a preferential leaseholder may elect to purchase a parcel on 1 of the following terms: (i) Cash purchase for the amount that is equal to-- (I) the value of the parcel determined under paragraph (4); minus (II) 10 percent of that value. (ii) Installment purchase, with 10 percent of the value of the parcel determined under paragraph (4) to be paid on the date of purchase and the remainder to be paid over not more than 30 years at 3 percent annual interest. (B) Value under $10,000.--If the value of the parcel is under $10,000, the purchase shall be made on a cash basis in accordance with subparagraph (A)(i). (3) Option exercise period.-- (A) In general.--A preferential leaseholder shall have until the date that is 5 years after enactment of this Act to exercise the option under paragraph (1). (B) Continuation of leases.--Until the date specified in subparagraph (A), a preferential leaseholder shall be entitled to continue to lease from the Secretary the parcel leased by the preferential leaseholder under the same terms and conditions as under the lease, as in effect as of the date of enactment of this Act. (4) Valuation.-- (A) In general.--The value of a preferential lease parcel shall be its fair market value for agricultural purposes determined by an independent appraisal, exclusive of the value of private improvements made by the leaseholders while the land was federally owned before the date of the enactment of this Act, in conformance with the Uniform Appraisal Standards for Federal Land Acquisition. (B) Fair market value.--Any dispute over the fair market value of a property under subparagraph (A) shall be resolved in accordance with section 2201.4 of title 43, Code of Federal Regulations. (5) Conveyance to the state.-- (A) In general.--If a preferential leaseholder fails to purchase a parcel within the period specified in paragraph (3)(A), the Secretary shall convey the parcel to the State of South Dakota Department of Game, Fish, and Parks. (B) Wildlife habitat mitigation.--Land conveyed under subparagraph (A) shall be used by the South Dakota Department of Game, Fish, and Parks for the purpose of mitigating the wildlife habitat that was lost as a result of the development of the Pick-Sloan project. (6) Use of proceeds.--Proceeds of sales of land under this Act shall be deposited as miscellaneous funds in the Treasury and such funds shall be made available, subject to appropriations, to the State for the establishment of a trust fund to pay the county taxes on the lands received by the State Department of Game, Fish, and Parks under this Act. (e) Conveyance of Nonpreferential Lease Parcels and Unleased Parcels.-- (1) Conveyance by secretary to state.-- (A) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary shall convey to the South Dakota Department of Game, Fish, and Parks the nonpreferential lease parcels and unleased parcels of the Blunt Reservoir and Pierre Canal. (B) Wildlife habitat mitigation.--Land conveyed under subparagraph (A) shall be used by the South Dakota Department of Game, Fish, and Parks for the purpose of mitigating the wildlife habitat that was lost as a result of the development of the Pick-Sloan project. (2) Land exchanges for nonpreferential lease parcels and unleased parcels.-- (A) In general.--The Governor may allow a person to exchange land that the person owns elsewhere in the State for a nonpreferential lease parcel or unleased parcel at Blunt Reservoir or Pierre Canal, as the case may be. (B) Priority.--The right to exchange nonpreferential lease parcels or unleased parcels shall be granted in the following order or priority: (i) Exchanges with current lessees for nonpreferential lease parcels. (ii) Exchanges with adjoining and adjacent landowners for unleased parcels and nonpreferential lease parcels not exchanged by current lessees. (C) Easement for water conveyance structure.--As a condition of the exchange of land of the Pierre Canal feature under this paragraph, the United States reserves a perpetual easement to the land to allow for the right to design, construct, operate, maintain, repair, and replace a pipeline or other water conveyance structure over, under, across, or through the Pierre Canal feature. (f) Release From Liability.-- (1) In general.--Effective on the date of conveyance of any parcel under this Act, the United States shall not be held liable by any court for damages of any kind arising out of any act, omission, or occurrence relating to the parcel, except for damages for acts of negligence committed by the United States or by an employee, agent, or contractor of the United States, before the date of conveyance. (2) No additional liability.--Nothing in this section adds to any liability that the United States may have under chapter 171 of title 28, United States Code (commonly known as the ``Federal Tort Claims Act''). (g) Requirements Concerning Conveyance of Lease Parcels.-- (1) Interim requirements.--During the period beginning on the date of enactment of this Act and ending on the date of conveyance of the parcel, the Secretary shall continue to lease each preferential lease parcel or nonpreferential lease parcel to be conveyed under this section under the terms and conditions applicable to the parcel on the date of enactment of this Act. (2) Provision of parcel descriptions.--Not later than 180 days after the date of enactment of this Act, the Secretary shall provide the State a full legal description of all preferential lease parcels and nonpreferential lease parcels that may be conveyed under this section. (h) Authorization of Appropriations.--There is authorized to be appropriated to carry out this Act $750,000 to reimburse the Secretary for expenses incurred in implementing this Act, and such sums as are necessary to reimburse the Governor for expenses incurred implementing this Act, not to exceed 10 percent of the cost of each transaction conducted under this Act.

Blunt Reservoir and Pierre Canal Land Conveyance Act of 2002 - Deauthorizes the Blunt Reservoir feature of the Oahe Irrigation Project authorized as part of the Pick-Sloan Missouri River Basin Program.Allows preferential leaseholders (original landowners or descendants, or operators of the land at the time of purchase) of parcels of the Blunt Reservoir and Pierre Canal an option to purchase from the Commission of Schools and Public Lands of South Dakota the land they lease. Sets terms for such purchases. Directs the Secretary of the Interior to convey all preferential lease parcels not purchased by the leaseholder to the South Dakota Department of Game, Fish, and Parks, to be used for mitigating the wildlife habitat that was lost as a result of the development of the Pick-Sloan project.Directs the Secretary to convey to the Department the nonpreferential leased parcels and unleased parcels of the Blunt Reservoir and Pierre Canal, to be used for mitigating the wildlife habitat that was lost as a result of the development of the Pick-Sloan project.Requires the Governor of South Dakota, or a designee of the Governor (the "Governor"), to accept certain conditions of conveyance, including that: (1) the State receives the land conveyed in "as is" condition; (2) the State assumes responsibility for any liabilities accruing after the date of conveyance as a result of ownership, operation or maintenance of such land; (3) the Federal Government retains all oil, gas, and mineral rights; (4) the property shall continue to be used for wildlife conservation; and (5) title shall revert to the United States if the land is needed for national defense purposes.Authorizes the Governor to allow a person to exchange other land in South Dakota for a nonpreferential lease parcel or unleased parcel at Blunt Reservoir or Pierre Canal.Permits the United States a perpetual easement for a water conveyance structure over, under, across, or through the Pierre Canal Feature.

To direct the Secretary of the Interior to convey certain parcels of land acquired for the Blunt Reservoir and Pierre Canal features of the Oahe Unit, James Division, South Dakota, to the State of South Dakota for the purpose of mitigating lost wildlife habitat, on the condition that the current preferential leaseholders shall have an option to purchase the parcels, and for other purposes.

SECTION 1. SHORT TITLE, ETC. (a) Short Title.--This Act may be cited as the ``Helping Save Americans' Health Care Choices Act of 2012''. (b) Table of Sections.--The table of sections for this Act is as follows: Sec. 1. Short title, etc. Sec. 2. Repeal of additional tax from distributions from HSAs and MSAs. Sec. 3. Repeal of limitation on deductions making non-prescription drugs non-qualifying distributions from tax-preferred accounts. Sec. 4. Treatment of high deductible health plans as qualified health plan under the Patient Protection and Affordable Care Act. Sec. 5. Repeal of limitation on health flexible spending arrangements under cafeteria plans. Sec. 6. Saver's credit for contributions to health savings accounts. Sec. 7. HSA funds for premiums for high deductible health plans. Sec. 8. Requiring greater coordination between high deductible health plan administrators and HSA account administrators so that enrollees can enroll in both at the same time. Sec. 9. Special rule for certain medical expenses incurred before establishment of account. Sec. 10. Provisions relating to medicare. Sec. 11. Individuals eligible for veterans benefits for a service- connected disability. Sec. 12. Increase the maximum contribution limit to an HSA to match deductible and out-of-pocket expense limitation. Sec. 13. FSA funds may be used for long-term care insurance premiums. Sec. 14. Individuals eligible for TRICARE. Sec. 15. Certain physician fees to be treated as medical care. Sec. 16. Allow both spouses to make catch-up contributions to the same hsa account. SEC. 2. REPEAL OF ADDITIONAL TAX FROM DISTRIBUTIONS FROM HSAS AND MSAS. Section 9004 of the Patient Protection and Affordable Care Act is hereby repealed, and effective as of the date of the enactment of such Act the provisions of the Internal Revenue Code of 1986 amended by such section are amended to read as such provisions would read if such section had never been enacted. SEC. 3. REPEAL OF LIMITATION ON DEDUCTIONS MAKING NON-PRESCRIPTION DRUGS NON-QUALIFYING DISTRIBUTIONS FROM TAX-PREFERRED ACCOUNTS. Section 9003 of the Patient Protection and Affordable Care Act is hereby repealed, and effective as of the date of the enactment of such Act the provisions of the Internal Revenue Code of 1986 amended by such section are amended to read as such provisions would read if such section had never been enacted. SEC. 4. TREATMENT OF HIGH DEDUCTIBLE HEALTH PLANS AS QUALIFIED HEALTH PLAN UNDER THE PATIENT PROTECTION AND AFFORDABLE CARE ACT. Subparagraph (B) of section 1301(a)(1) of the Patient Protection and Affordable Care Act is amended by inserting ``or meets the requirements for a high deductible health plan under section 223(c)(2) of the Internal Revenue Code of 1986'' after ``section 1302(a)''. SEC. 5. REPEAL OF LIMITATION ON HEALTH FLEXIBLE SPENDING ARRANGEMENTS UNDER CAFETERIA PLANS. Sections 9005 and 10902 of the Patient Protection and Affordable Care Act are hereby repealed, and effective as of the date of the enactment of such Act the provisions of the Internal Revenue Code of 1986 amended by such sections are amended to read as such provisions would read if such sections had never been enacted. SEC. 6. SAVER'S CREDIT FOR CONTRIBUTIONS TO HEALTH SAVINGS ACCOUNTS. (a) Allowance of Credit.--Subsection (a) of section 25B of the Internal Revenue Code of 1986 is amended by inserting ``aggregate qualified HSA contributions and'' after ``so much of the''. (b) Qualified HSA Contributions.--Subsection (d) of section 25B of such Code is amended by redesignating paragraph (2) as paragraph (3) and by inserting after paragraph (1) the following new paragraph: ``(2) Qualified hsa contributions.--The term `qualified HSA contribution' means, with respect to any taxable year, a contribution of the eligible individual to a health savings account (as defined in section 223(d)(1)) for which a deduction is allowable under section 223(a) for such taxable year.''. (c) Conforming Amendment.--The first sentence of section 25B(d)(3)(A) of such Code (as redesignated by subsection (b)) is amended to read as follows: ``The aggregate qualified retirement savings contributions determined under paragraph (1) and qualified HSA contributions determined under paragraph (2) shall be reduced (but not below zero) by the aggregate distributions received by the individual during the testing period from any entity of a type to which contributions under paragraph (1) or paragraph (2) (as the case may be) may be made.''. (d) Effective Date.--The amendments made by this section shall apply to contributions made after December 31, 2012. SEC. 7. HSA FUNDS FOR PREMIUMS FOR HIGH DEDUCTIBLE HEALTH PLANS. (a) In General.--Subparagraph (C) of section 223(d)(2) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of clause (iii), by striking the period at the end of clause (iv) and inserting ``, or'', and by adding at the end the following: ``(v) a high deductible health plan if-- ``(I) such plan is not offered in connection with a group health plan, and ``(II) no portion of any premium (within the meaning of applicable premium under section 4980B(f)(4)) for such plan is excludable from gross income under section 106.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to premiums for a high deductible health plan for periods beginning after December 31, 2012. SEC. 8. REQUIRING GREATER COORDINATION BETWEEN HIGH DEDUCTIBLE HEALTH PLAN ADMINISTRATORS AND HSA ACCOUNT ADMINISTRATORS SO THAT ENROLLEES CAN ENROLL IN BOTH AT THE SAME TIME. The Secretary of the Treasury, through the issuance of regulations or other guidance, shall encourage administrators of health plans and trustees of health savings accounts to provide for simultaneous enrollment in high deductible health plans and setup of health savings accounts. SEC. 9. SPECIAL RULE FOR CERTAIN MEDICAL EXPENSES INCURRED BEFORE ESTABLISHMENT OF ACCOUNT. (a) In General.--Subsection (d) of section 223 of the Internal Revenue Code of 1986 is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: ``(4) Treatment of account established before tax return due for tax year.--For purposes of this section, if, before the time prescribed by law for filing the return of tax for a taxable year (not including extensions thereof), a taxpayer-- ``(A) establishes a health savings account, ``(B) makes contributions to a health savings account on account of such taxable year, or ``(C) makes payments or distributions from a health savings account for such taxable year, the health savings account shall be deemed to be established on the last day of such taxable year and such contributions and distributions shall be deemed to have been made on account of such taxable year.''. (b) Conforming Amendment.--Paragraph (5) of section 223(d) of such Code, as redesignated by subsection (a), is amended by striking subparagraph (B) and redesignating subparagraphs (C) through (E) as subparagraphs (B) through (D), respectively. (c) Effective Date.--The amendments made by this section shall apply with respect to health savings accounts established, and contributions to and distributions from health savings accounts after, the date of the enactment of this Act. SEC. 10. PROVISIONS RELATING TO MEDICARE. (a) Individuals Over Age 65 Only Enrolled in Medicare Part A.-- Section 223(b)(7) of the Internal Revenue Code of 1986 (relating to contribution limitation on Medicare eligible individuals) is amended by adding at the end the following new sentence: ``This paragraph shall not apply to any individual during any period the individual's only entitlement to such benefits is an entitlement to hospital insurance benefits under part A of title XVIII of such Act pursuant to an enrollment for such hospital insurance benefits under section 226(a)(1) of such Act.''. (b) Medicare Beneficiaries Participating in Medicare Advantage MSA May Contribute Their Own Money to Their MSA.--Subsection (b) of section 138 of such Code is amended by striking paragraph (2) and by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 11. INDIVIDUALS ELIGIBLE FOR VETERANS BENEFITS FOR A SERVICE- CONNECTED DISABILITY. (a) In General.--Section 223(c)(1) of the Internal Revenue Code of 1986 (defining eligible individual) is amended by adding at the end the following new subparagraph: ``(C) Special rule for individuals eligible for certain veterans benefits.--For purposes of subparagraph (A)(ii), an individual shall not be treated as covered under a health plan described in such subparagraph merely because the individual receives periodic hospital care or medical services for a service-connected disability under any law administered by the Secretary of Veterans Affairs but only if the individual is not eligible to receive such care or services for any condition other than a service-connected disability.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 12. INCREASE THE MAXIMUM CONTRIBUTION LIMIT TO AN HSA TO MATCH DEDUCTIBLE AND OUT-OF-POCKET EXPENSE LIMITATION. (a) Self-Only Coverage.--Subparagraph (A) of section 223(b)(2) of the Internal Revenue Code of 1986 is amended by striking ``$2,250'' and inserting ``the amount in effect under subsection (c)(2)(A)(ii)(I)''. (b) Family Coverage.--Subparagraph (B) of section 223(b)(2) of such Code is amended by striking ``$4,500'' and inserting ``the amount in effect under subsection (c)(2)(A)(ii)(II)''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 13. FSA FUNDS MAY BE USED FOR LONG-TERM CARE INSURANCE PREMIUMS. (a) In General.--Subsection (c) of section 106 of the Internal Revenue Code of 1986 is amended by redesignating paragraph (2) as paragraph (3) and by amending so much of such subsection as precedes such paragraph (3) to read as follows: ``(c) Long-Term Care Benefits Provided Through Flexible Spending Arrangements.-- ``(1) In general.--Effective on and after January 1, 2013, gross income of an employee shall not include employer-provided coverage for qualified long-term care services (as defined in section 7702B(c)) to the extent that such coverage is provided through a flexible spending or similar arrangement. ``(2) Premiums for long-term care.--Qualified medical expenses for which reimbursement may be made by distributions from a flexible spending arrangement shall include amounts paid for long-term care coverage.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 14. INDIVIDUALS ELIGIBLE FOR TRICARE. (a) In General.--Section 223(c)(1) of the Internal Revenue Code of 1986 (defining eligible individual), as amended by section 4, is amended by adding at the end the following new subparagraph: ``(D) Special rule for individuals eligible for tricare.--Subparagraph (A)(ii) shall be applied without regard to coverage under the TRICARE program under chapter 55 of title 10, United States Code.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 15. CERTAIN PHYSICIAN FEES TO BE TREATED AS MEDICAL CARE. (a) In General.--Subsection (d) of section 213 of the Internal Revenue Code of 1986, as amended by sections 15 and 16, is amended by adding at the end the following new paragraph: ``(12) Pre-paid physician fees.--The term `medical care' shall include amounts paid by patients to their primary physician in advance for the right to receive medical services on an as-needed basis.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 16. ALLOW BOTH SPOUSES TO MAKE CATCH-UP CONTRIBUTIONS TO THE SAME HSA ACCOUNT. (a) In General.--Paragraph (3) of section 223(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(C) Special rule where both spouses are eligible individuals with 1 account.--If-- ``(i) an individual and the individual's spouse have both attained age 55 before the close of the taxable year, and ``(ii) the spouse is not an account beneficiary of a health savings account as of the close of such year, the additional contribution amount shall be 200 percent of the amount otherwise determined under subparagraph (B).''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Helping Save Americans' Health Care Choices Act of 2012 - Amends the Patient Protection and Affordable Care Act (PPACA) to repeal: (1) the 20% penalty for distributions from a health savings account (HSA) or an Archer medical savings account (Archer MSA) not used for qualified medical expenses, (2) the prohibition on distributions from an HSA for over-the-counter drugs, and (3) the limitation on health flexible spending arrangements under cafeteria plans. Allows the treatment of a high deductible health plan as a qualified health plan under PPACA. Amends the Internal Revenue Code to allow: (1) a retirement savings tax credit for contributions to an HSA, (2) payment of premiums for high deductible health plans from an HSA, (3) a tax deduction for medical expenses incurred prior to the establishment of an HSA, (4) an increase of the HSA maximum allowable contribution amount to match the limit on deductible and out-of-pocket expenses under an HSA, (5) an exclusion from gross income of employer-provided coverage for qualified long-term care services that is provided through a flexible spending or similar arrangement, (6) eligibility for veterans with a service-connected disability, participants in Tricare, and certain Medicare beneficiaries for participation in an HSA, (7) both spouses to make catch-up contributions to the same HSA account, and (8) a tax deduction for amounts paid by patients to their primary physician in advance for the right to receive medical services on an as-needed basis. Directs the Secretary of the Treasury, through regulations or other guidance, to encourage administrators of health plans and trustees of HSAs to provide for simultaneous enrollment in high deductible health plans and setup of HSAs.

To repeal provisions of the Patient Protection and Affordable Care Act relating to health savings accounts, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sanctity of Eternal Rest for Veterans Act of 2011'' or the ``SERVE Act of 2011''. SEC. 2. PURPOSE AND AUTHORITY. (a) Purpose.--The purpose of this Act is to provide necessary and proper support for the recruitment and retention of the Armed Forces and militia employed in the service of the United States by protecting the dignity of the service of the members of such Forces and militia, and by protecting the privacy of their immediate family members and other attendees during funeral services for such members. (b) Constitutional Authority.--Congress finds that this Act is a necessary and proper exercise of its powers under the Constitution, article I, section 8, paragraphs 1, 12, 13, 14, 16 and 18, to provide for the common defense, raise and support armies, provide and maintain a navy, make rules for the government and regulation of the land and naval forces, and provide for organizing and governing such part of the militia as may be employed in the service of the United States. SEC. 3. AMENDMENT TO TITLE 18. Section 1388 of title 18, United States Code is amended to read as follows: ``Sec. 1388. Prohibition on disruptions of funerals of members or former members of the armed forces ``(a) Prohibition.--For any funeral of a member or former member of the Armed Forces that is not located at a cemetery under the control of the National Cemetery Administration or part of Arlington National Cemetery, it shall be unlawful for any person to engage in an activity during the period beginning 120 minutes before and ending 120 minutes after such funeral, any part of which activity-- ``(1)(A) takes place within the boundaries of the location of such funeral or takes place within 300 feet of the point of the intersection between-- ``(i) the boundary of the location of such funeral; and ``(ii) a road, pathway, or other route of ingress to or egress from the location of such funeral; and ``(B) includes any individual willfully making or assisting in the making of any noise or diversion that is not part of such funeral and that disturbs or tends to disturb the peace or good order of such funeral; ``(2)(A) is within 500 feet of the boundary of the location of such funeral; and ``(B) includes any individual willfully and without proper authorization impeding or tending to impede the access to or egress from such location or disrupting or tending to disrupt a funeral procession; or ``(3) is within 500 feet of the boundary of the residence, home or domicile of any surviving member of the deceased person's immediate family and includes any individual willfully making or assisting in the making of any noise or diversion that disturbs or tends to disturb the peace of the persons located at such location. ``(b) Penalty.--Any person who violates subsection (a) shall be fined under this title or imprisoned not more than 2 years, or both. ``(c) Civil Remedies.-- ``(1) District courts.--The district courts of the United States shall have jurisdiction-- ``(A) to prevent and restrain violations of this section; and ``(B) for the adjudication of any claims for relief under this section. ``(2) Attorney general.--The Attorney General may institute proceedings under this section. ``(3) Claims.--Any person, including a surviving member of the deceased person's immediate family, who suffers injury as a result of conduct that violates this section may-- ``(A) sue therefor in any appropriate United States district court or in any court of competent jurisdiction; and ``(B) recover damages as provided in subsection (d) and the cost of the suit, including reasonable attorneys' fees. ``(4) Estoppel.--A final judgment or decree rendered in favor of the United States in any criminal proceeding brought by the United States under this section shall estop the defendant from denying the essential allegations of the criminal offense in any subsequent civil proceeding brought by a person or by the United States. ``(d) Actual and Statutory Damages.-- ``(1) In general.--In addition to any penalty imposed under subsection (b), a violator of this section is liable in an action under subsection (c) for actual or statutory damages as provided in this subsection. ``(2) Actions by private persons.--A person bringing an action under subsection (c)(3) may elect, at any time before final judgment is rendered, to recover the actual damages suffered by him or her as a result of the violation or, instead of actual damages, an award of statutory damages for each violation involved in the action. ``(3) Actions by attorney general.--The Attorney General under subsection (c)(2) is entitled to recover an award of statutory damages for each violation involved in the action notwithstanding any recovery under subsection (c)(3). ``(4) Statutory damages.--A court may award, as the court considers just, statutory damages in a sum of not less than $25,000 or more than $50,000 per violation. ``(e) Rebuttable Presumption.--It shall be a rebuttable presumption that the violation was committed willfully for purposes of determining relief under this section if the violator, or a person acting in concert with the violator, did not have reasonable grounds to believe, either from the attention or publicity sought by the violator or other circumstance, that the conduct of such violator or person would not disturb or tend to disturb the peace or good order of such funeral, impede or tend to impede the access to or egress from such funeral, disrupt or tend to disrupt to a funeral procession, or disturb or tend to disturb the peace of any surviving member of the deceased person`s immediate family who may be found at the residence, home or domicile of the deceased person's immediate family on the date of the service or ceremony. ``(f) Definitions.--In this section-- ``(1) the term `Armed Forces' has the meaning given the term in section 101 of title 10 and includes members and former members of the National Guard who were employed in the service of the United States; and ``(2) the term `immediate family' shall have the same meaning given such term in section 115 of this title.''. SEC. 4. AMENDMENT TO TITLE 38. (a) In General.--Section 2413 of title 38, United States Code, is amended to read as follows: ``Sec. 2413. Prohibition on certain demonstrations and disruptions at cemeteries under control of the National Cemetery Administration and at Arlington National Cemetery ``(a) Prohibition.--It shall be unlawful for any person-- ``(1) to carry out a demonstration on the property of a cemetery under the control of the National Cemetery Administration or on the property of Arlington National Cemetery unless the demonstration has been approved by the cemetery superintendent or the director of the property on which the cemetery is located; or ``(2) with respect to such a cemetery, to engage in an activity during the period beginning 120 minutes before and ending 120 minutes after a funeral, memorial service, or ceremony is held, any part of which activity-- ``(A)(i) takes place within the boundaries of such cemetery or takes place within 300 feet of the point of the intersection between-- ``(I) the boundary of such cemetery; and ``(II) a road, pathway, or other route of ingress to or egress from such cemetery; and ``(ii) includes any individual willfully making or assisting in the making of any noise or diversion that is not part of such funeral, memorial service, or ceremony and that disturbs or tends to disturb the peace or good order of such funeral, memorial service, or ceremony; or ``(B)(i) is within 500 feet of the boundary of such cemetery; and ``(ii) includes any individual willfully and without proper authorization impeding or tending to impede the access to or egress from such cemetery or disrupting or tending to disrupt a funeral procession. ``(b) Penalty.--Any person who violates subsection (a) shall be fined under title 18 or imprisoned not more than 2 years, or both. ``(c) Civil Remedies.--(1) The district courts of the United States shall have jurisdiction-- ``(A) to prevent and restrain violations of this section; and ``(B) for the adjudication of any claims for relief under this section. ``(2) The Attorney General of the United States may institute proceedings under this section. ``(3) Any person, including a surviving member of the deceased person's immediate family, who suffers injury as a result of conduct that violates this section may-- ``(A) sue therefor in any appropriate United States district court or in any court of competent jurisdiction; and ``(B) recover damages as provided in subsection (d) and the cost of the suit, including reasonable attorneys' fees. ``(4) A final judgment or decree rendered in favor of the United States in any criminal proceeding brought by the United States under this section shall estop the defendant from denying the essential allegations of the criminal offense in any subsequent civil proceeding brought by a person or by the United States. ``(d) Actual and Statutory Damages.--(1) In addition to any penalty imposed under subsection (b), a violator of this section is liable in an action under subsection (c) for actual or statutory damages as provided in this subsection. ``(2) A person bringing an action under subsection (c)(3) may elect, at any time before final judgment is rendered, to recover the actual damages suffered by him or her as a result of the violation or, instead of actual damages, an award of statutory damages for each violation involved in the action. ``(3) The Attorney General under subsection (c)(2) is entitled to recover an award of statutory damages for each violation involved in the action notwithstanding any recovery under subsection (c)(3). ``(4) A court may award, as the court considers just, statutory damages in a sum of not less than $25,000 or more than $50,000 per violation. ``(e) Rebuttable Presumption.--It shall be a rebuttable presumption that the violation of subsection (a)(2) was committed willfully for purposes of determining relief under this section if the violator, or a person acting in concert with the violator, did not have reasonable grounds to believe, either from the attention or publicity sought by the violator or other circumstance, that the conduct of such violator or person would not-- ``(1) disturb or tend to disturb the peace or good order of such funeral, memorial service, or ceremony; or ``(2) impede or tend to impede the access to or egress from such funeral, memorial service, or ceremony; or ``(3) disrupt or tend to disrupt a funeral procession. ``(f) Definitions.--In this section-- ``(1) the term `demonstration' includes-- ``(A) any picketing or similar conduct; ``(B) any oration, speech, use of sound amplification equipment or device, or similar conduct that is not part of a funeral, memorial service, or ceremony; ``(C) the display of any placard, banner, flag, or similar device, unless such a display is part of a funeral, memorial service, or ceremony; and ``(D) the distribution of any handbill, pamphlet, leaflet, or other written or printed matter other than a program distributed as part of a funeral, memorial service, or ceremony; and ``(2) the term `immediate family' shall have the same meaning given such term in section 115 of title 18.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 24 of such title is amended by striking the item relating to section 2413 and inserting the following new item: ``2413. Prohibition on certain demonstrations and disruptions at cemeteries under control of the National Cemetery Administration and at Arlington National Cemetery.''.

Sanctity of Eternal Rest for Veterans Act of 2011 or SERVE Act of 2011 - Amends the federal criminal code concerning the prohibition on disruptions of funerals of members or former members of the Armed Forces to increase the period covered under such prohibition from one to two hours before and after a military funeral. Includes within such unlawful conduct any disturbance or disruption occurring within 500 feet of the residence of a surviving member of a deceased's immediate family. Provides civil remedies, including actual and statutory damages. Makes identical changes under federal veterans' provisions concerning the prohibition on certain demonstrations and disruptions at national cemeteries, including Arlington National Cemetery.

To guarantee that military funerals are conducted with dignity and respect.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Motor Carrier Fuel Cost Equity Act of 2001''. SEC. 2. MANDATORY FUEL SURCHARGE. (a) In General.--Chapter 137 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 13714. Fuel surcharge ``(a) Mandatory Fuel Surcharge.-- ``(1) Establishment of surcharge.--Any contract or agreement providing for truckload transportation or service involving a motor carrier, broker, or freight forwarder subject to jurisdiction under chapter 135 who regularly provides such transportation or service shall include a requirement to assess a payer of transportation charges a minimum surcharge for fuel used in the transportation provided to such payer commencing when the current price of fuel surpasses, by $0.05 per gallon, the benchmark price set forth in paragraph (2). The surcharge assessed by the motor carrier, broker, or freight forwarder shall be calculated on the basis of mileage or percentage of revenue (whichever basis the motor carrier, broker, or freight forwarder elects) and shall be the amount necessary to compensate the person responsible for paying for fuel for the amount of increase in the cost of fuel. ``(2) Benchmark price.--The benchmark price referred to in paragraph (1) shall be $1.10 per gallon. ``(b) Implementation.--The surcharge referred to in subsection (a)(1) shall be-- ``(1) calculated on the date the shipment is tendered to the motor carrier, broker, or freight forwarder; ``(2) itemized separately on the motor carrier, broker, or freight forwarder's invoices; and ``(3) paid by the payer of transportation charges. ``(c) Factors.--For purposes of calculating a surcharge under this section-- ``(1) average fuel economy is 5 miles per gallon; and ``(2) mileage means the number of paid miles driven as determined under the Department of Defense, Military Traffic Management Command's `Defense Table of Official Distances' or mileage guide established pursuant to section 13703 (a)(1)(D). ``(d) Limitation on Authority.--Notwithstanding any other provision of this part, enforcement of this section shall be through the private right of action provided in section 14704(a), and neither the Secretary of Transportation nor the Surface Transportation Board shall have regulatory or enforcement authority relating to provisions of this section. ``Sec. 13715. Negotiated fuel adjustments ``(a) In General.--Nothing in section 13714 shall be construed to abrogate provisions relating to fuel cost adjustments in any transportation contract or agreement in effect on the date of the enactment of the Motor Carrier Fuel Cost Equity Act of 2001 and any renewal of such a contract or agreement thereafter. Nothing in this section and sections 13714 and 14102 shall be construed to prohibit any motor carrier, broker, or freight forwarder from including any privately negotiated fuel cost adjustment provision in any contract or agreement to provide transportation that is an amount necessary to compensate the person responsible for paying for fuel for the amount of increase in the cost of fuel. ``(b) Continuation of Authority.--Nothing in section 13714 shall impair the ability of any person to enter into any contract or agreement after the date of the enactment of the Motor Carrier Fuel Cost Equity Act of 2001 that provides for a fuel adjustment under this section or section 13714 during any period in which no fuel surcharge is required under section 13714.''. (b) Clerical Amendment.--The analysis for chapter 137 of such title is amended by adding at the end the following: ``13714. Fuel surcharge. ``13715. Negotiated fuel adjustments.''. SEC. 3. MANDATORY PASS-THROUGH TO COST BEARER. Section 14102 of title 49, United States Code, is amended by adding at the end the following: ``(c) Mandatory Pass-Through to Cost Bearer.-- ``(1) In general.--A motor carrier, broker, or freight forwarder providing transportation or service using motor vehicles not owned by it and using fuel not paid for by it-- ``(A) shall pass through to the person responsible for paying for fuel any fuel surcharge required by section 13714 or provided for in transportation contracts or agreements; ``(B) shall disclose in writing to the equipment lessor and lessee the amount of all freight rates and charges and fuel surcharges applicable to such transportation or service; and ``(C) is prohibited from-- ``(i) intentionally reducing compensatory transportation costs (other than the fuel surcharge) to the person responsible for paying for fuel for the purpose of adjusting for or avoiding the pass through of the fuel surcharge; and ``(ii) intentionally imposing a fuel cost adjustment in accordance with section 13715 for the purpose of avoiding any payment under this section or section 13714. ``(2) Limitation on authority.--Notwithstanding any other provision of this part, enforcement of this section shall be through the private right of action provided in section 14704(a), and neither the Secretary of Transportation nor the Surface Transportation Board shall have regulatory or enforcement authority relating to provisions of this subsection.''.

Motor Carrier Fuel Cost Equity Act of 2001 - Amends Federal transportation law to require any contract or agreement for truckload transportation or service regularly provided by a motor carrier, broker, or freight forwarder subject to the Secretary of Transportation and the Surface Transportation Board to include a requirement to assess a payer of transportation charges a minimum surcharge for fuel when the current price of fuel surpasses the $1.10 per gallon benchmark price by $0.05 per gallon. Requires the surcharge to be the amount necessary to compensate the person responsible for paying for fuel for the amount of increase in its cost.Allows any motor carrier, broker, or freight forwarder to include in any transportation contract or agreement a privately negotiated fuel cost adjustment provision designed to compensate the person responsible for paying for fuel for the increase in its cost.Requires any motor carrier, broker, or freight forwarder providing transportation or service using motor vehicles not owned by it and using fuel not paid for by it to pass any fuel surcharge through to the person responsible for paying for fuel. Prohibits any reduction in compensatory transportation costs (other than the fuel surcharge) to, or the imposition of a fuel cost adjustment on, the payer of fuel for the purpose of adjusting for or avoiding the pass through or the payment of the fuel surcharge.

To amend title 49, United States Code, to provide a mandatory fuel surcharge for transportation provided by certain motor carriers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preparing Excellent Teachers Act of 2007''. SEC. 2. FINDINGS. Congress finds the following: (1) The shortage of qualified teachers in the United States has reached critical levels. (2) Education experts agree that looming teacher retirement and shortages of effective teachers in low-performing schools create a great demand for quality teachers. (3) Nearly 50 percent of new teachers leave in the first 5 years. (4) These numbers have a direct impact on the quality of the education of the children of the United States. (5) Inexperienced teachers are less effective than teachers with several years of experience. Successful teacher preparation programs, providing ongoing support, can make novice teachers effective more rapidly. The majority of new teachers lack such support, and so leave the profession before becoming effective. (6) Teacher candidates must see expert practices modeled and must then practice them with ongoing mentoring support. Teacher preparation often fails to provide the opportunity to learn under the direct supervision of expert teachers working in schools that effectively serve high-need students. Student teaching is too often conducted in classrooms that do not model effective practice, or in classrooms that do not serve high- need students, and the lessons learned do not generalize to effective teaching in high-need schools. (7) It is critical to develop programs that increase the probability recruits will succeed and stay in the high-need classrooms where they are needed. Because many teacher candidates choose to teach where they grew up or went to college, it is important to have strong programs in hard-to- staff urban and rural locations. Teacher residency programs effectively build teacher supply, since they recruit and prepare candidates in the districts that sponsor them. Teacher residency programs have demonstrated the capacity to recruit, prepare, retain, and provide effective support for teachers in high-need schools. SEC. 3. GRANTS FOR TEACHER RESIDENCY PROGRAMS. (a) In General.--Part C of title II of the Elementary and Secondary Education Act of 1965 is amended by adding at the end the following: ``Subpart 6--Teacher Residency Programs ``SEC. 2371. GRANTS FOR TEACHER RESIDENCY PROGRAMS. ``(a) In General.--From amounts made available to carry out this section, the Secretary shall make grants to high-need local educational agencies to assist such agencies to establish and support teacher residency programs. Such agencies are encouraged to work with non- profit community-based organizations that have experience in teacher residency programs. ``(b) Teacher Residency Programs.-- ``(1) Definition.--For purposes of this section, the term `teacher residency program' means a school-based teacher preparation program in which a prospective teacher-- ``(A) teaches alongside a teacher of record (who is designated as the mentor teacher) for at least 1 academic year; ``(B) receives coursework in the teaching of the content area in which the teacher will become certified to teach; ``(C) receives instruction in planning, content, pedagogy, student learning, and assessment, management of the classroom environment, and professional responsibilities, including interaction with families and colleagues and use of assessment data to modify and improve instruction; ``(D) attains full State certification to teach prior to completion of the program; and ``(E) receives a midpoint review. ``(2) Design.--To receive assistance under this section, a teacher residency program shall be designed to meet the following characteristics of successful programs: ``(A) Teacher residency programs integrate pedagogy and classroom practice by partnering with institutions of higher education to ensure residents engage in rigorous master's level coursework while undertaking a guided teaching apprenticeship. Lessons learned from the residency program will be used to inform teacher training at the institution of higher education. ``(B) Residents teach alongside an experienced mentor teacher. Experienced mentor teachers complement the residency program so that classroom clinical practice is tightly aligned with coursework. Experienced mentor teachers may receive additional compensation for participating in the program. ``(C) Experienced mentor teachers shall have extra responsibilities as teacher leaders of the teacher residency program, as mentors for residents, and as teacher coaches during the induction of novice teachers. These responsibilities include establishing, within the program, a learning community in which all individuals are expected to continually improve their capacity to advance student learning. ``(D) The director of the teacher residency program shall establish and publish clear criteria for selection of experienced mentor teachers based on measures of teacher effectiveness and the appropriate subject area knowledge. Evaluation of teacher effectiveness shall be based on observation of domains including each of the following: ``(i) Planning and preparation, including demonstrated knowledge of content, pedagogy, and assessment, including the use of formative assessment to improve student learning. ``(ii) Appropriate instruction that engages students with different learning styles. ``(iii) Collaboration with colleagues to improve instruction. ``(iv) Appropriate and fair analysis of gains in student learning. When feasible, this shall include valid and reliable objective measure of the influence of teachers on the rate of student academic progress. ``(E) Teacher residency programs group teacher candidates in cohorts to facilitate professional collaboration among residents. ``(F) Teacher residency programs admissions goals and priorities are developed in concert with the hiring objectives of the local educational agency, which commits to hire graduates from the residency program. Residents learn to teach in the same district in which they will work, learning the instructional initiatives and curriculum of the district. ``(G) Teacher residency programs support residents once they are hired as teachers of record. Residencies continue to provide professional development and networking opportunities to support residents through their first years of teaching. ``(3) Experienced mentor teacher defined.--In this section, the term `experienced mentor teacher' means a teacher who-- ``(A) has at least five years teaching experience teaching in a school in the high-need local educational agency that is the recipient of a grant under this section; and ``(B) has a masters degree in education or teaching. ``(c) Persons Eligible To Participate.--To be eligible to participate in a teacher residency program under this section, a mid- career professional or recent college graduate shall become enrolled simultaneously in a masters degree program in education or teaching in a university or college that-- ``(1) has entered into a written agreement relating to such program with the high-need local educational agency that is the recipient of a grant under this section; and ``(2) is accredited by the Council of Higher Education Accreditation and the accrediting agency in the State in which the high-need local educational agency is located, if any. ``(d) Participants To Receive Practical Experience.--A participant in a teacher residency program under this section shall, under the supervision of an experienced mentor teacher, complete not fewer than ten months teaching a class containing not more than 30 students in a school chosen by the high-need local educational agency that is the recipient of a grant under this section. ``(e) Participant To Agree To Be Placed in a School.--A participant in a teacher residency program under this section shall agree in writing to be placed, after successfully completing the program, as a teacher in a school chosen by the high-need local educational agency. Such placement shall be for a period of at least 5 academic years beginning with the academic year that begins after the participant successfully completes the program. The school chosen for the placement shall be in a high-need, underserved area. A participant who fails to complete the period of the placement (or the first 5 academic years of the placement, if the period is more than 5 academic years) is required to pay back the cost of the training. ``(f) Amount, Number, and Distribution of Grants.-- ``(1) Amount.--A grant under this section shall be for a period of three years, and shall include $2,500,000 for the first year, $1,500,000 for the second year, and $1,000,000 for the third year. ``(2) Number.--The Secretary may not make more than ten such grants each fiscal year, beginning with fiscal year 2008. ``(3) Distribution.--A high-need local educational agency may receive not more than one grant in each fiscal year. ``(g) Application.--To receive a grant under this section, a high- need local educational agency shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may prescribe. ``(h) Selection.--The Secretary shall award grants under this section on a competitive basis. ``(i) Evaluation.--Of the amounts appropriated to carry out this section, the Secretary shall reserve up to 5 percent for an evaluation of the effectiveness of the program established under this section, in relation to the effectiveness of other programs that prepare teachers for employment with high-need schools and high-need local educational agencies, including, where feasible, value-added measures of learning gains of students taught by graduates of each teacher residency Program, to be conducted by the Institute of Education Sciences, the National Science Foundation, or the National Academy of Sciences, at the direction of the Secretary. Not later than 5 years after the date of the enactment of this section, the Secretary shall make the results of the evaluation public. ``(j) Matching Funds.--A high-need local educational agency that receives a grant under this section shall provide matching funds in an amount equal to 50 percent of grant funds provided to the agency under this section to carry out the activities supported by the grant, which may be provided by community partners, institutions of higher education, or others. ``(k) High-Need Local Educational Agency Defined.--In this section, the term `high-need local educational agency' means a local educational agency-- ``(1) that is among the highest 20 percent of local educational agencies in the State in terms of percentage of students from families with incomes below the poverty line (as defined in section 9101(33) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(33))); ``(2) that is among the lowest 20 percent of local educational agencies in the State on assessments required under part A of title I, or, where feasible, the lowest 20 percent of local educational agencies in the State in terms of measures of teaching effectiveness; and ``(3) for which there is a high percentage of classes taught by teachers not teaching in the academic subjects or grade levels that the teachers were prepared to teach. ``(l) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary $50,000,000 for each of fiscal years 2008 through 2012 to carry out this section. Amounts appropriated are authorized to remain available until expended, and may be used by the Secretary to make additional grants, in accordance with this section, in a fiscal year beginning with fiscal year 2013.''. (b) Clerical Amendment.--The table of contents for that Act is amended by inserting after the item relating to section 2368 the following: ``subpart 6--teacher residency programs ``Sec. 2371. Grants for teacher residency programs.''.

Preparing Excellent Teachers Act of 2007 - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to make competitive, three-year, matching grants to high-need local educational agencies (LEAs) to establish and support teacher residency programs under which residents engage in rigorous master's level coursework at a college or university with which the LEA has an agreement while undertaking a guided teaching apprenticeship alongside a mentor teacher. Requires mentor teachers to have at least five years of teaching experience at a school in the high-need LEA and a master's degree in education or teaching. Requires program participants to attain full state teaching certification prior to completing the program and accept placement for at least five academic years thereafter in a school chosen by the high-need LEA.

To direct the Secretary of Education to make grants to high-need local educational agencies to establish teaching residency programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Independence Act of 2007''. SEC. 2. PURPOSE AND GOALS. The purpose of this Act is to provide support for projects and activities to facilitate the energy independence of the United States so as to ensure that-- (1) all but 10 percent of the energy needs of the United States are supplied by domestic energy sources by calendar year 2017; and (2) all but 20 percent of the energy needs of the United States are supplied by non-fossil fuel sources by calendar year 2037. SEC. 3. ENERGY POLICY COMMISSION. (a) Establishment.-- (1) In general.--There is established a commission, to be known as the ``National Commission on Energy Independence'' (referred to in this section as the ``Commission''). (2) Membership.--The Commission shall be composed of 15 members, of whom-- (A) 3 shall be appointed by the President; (B) 3 shall be appointed by the majority leader of the Senate; (C) 3 shall be appointed by the minority leader of the Senate; (D) 3 shall be appointed by the Speaker of the House of Representatives; and (E) 3 shall be appointed by the minority leader of the House of Representatives. (3) Co-chairpersons.-- (A) In general.--The President shall designate 2 co-chairpersons from among the members of the Commission appointed. (B) Political affiliation.--The co-chairpersons designated under subparagraph (A) shall not both be affiliated with the same political party. (4) Deadline for appointment.--Members of the Commission shall be appointed not later than 90 days after the date of enactment of this Act. (5) Term; vacancies.-- (A) Term.--A member of the Commission shall be appointed for the life of the Commission. (B) Vacancies.--Any vacancy in the Commission-- (i) shall not affect the powers of the Commission; and (ii) shall be filled in the same manner as the original appointment. (b) Purpose.--The Commission shall conduct a comprehensive review of the energy policy of the United States by-- (1) reviewing relevant analyses of the current and long- term energy policy of, and conditions in, the United States; (2) identifying problems that may threaten the achievement by the United States of long-term energy policy goals, including energy independence; (3) analyzing potential solutions to problems that threaten the long-term ability of the United States to achieve those energy policy goals; and (4) providing recommendations that will ensure, to the maximum extent practicable, that the energy policy goals of the United States are achieved. (c) Report and Recommendations.-- (1) In general.--Not later than December 31 of each of calendar years 2009, 2011, 2013, and 2015, the Commission shall submit to Congress and the President a report on the progress of United States in meeting the long-term energy policy goal of energy independence, including a detailed statement of the findings, conclusions, and recommendations of the Commission. (2) Legislative language.--If a recommendation submitted under paragraph (1) involves legislative action, the report shall include proposed legislative language to carry out the action. (d) Commission Personnel Matters.-- (1) Staff and director.--The Commission shall have a staff headed by an Executive Director. (2) Staff appointment.--The Executive Director may appoint such personnel as the Executive Director and the Commission determine to be appropriate. (3) Experts and consultants.--With the approval of the Commission, the Executive Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (4) Federal agencies.-- (A) Detail of government employees.-- (i) In general.--Upon the request of the Commission, the head of any Federal agency may detail, without reimbursement, any of the personnel of the Federal agency to the Commission to assist in carrying out the duties of the Commission. (ii) Nature of detail.--Any detail of a Federal employee under clause (i) shall not interrupt or otherwise affect the civil service status or privileges of the Federal employee. (B) Technical assistance.--Upon the request of the Commission, the head of a Federal agency shall provide such technical assistance to the Commission as the Commission determines to be necessary to carry out the duties of the Commission. (e) Resources.-- (1) In general.--The Commission shall have reasonable access to materials, resources, statistical data, and such other information from Executive agencies as the Commission determines to be necessary to carry out the duties of the Commission. (2) Form of requests.--The co-chairpersons of the Commission shall make requests for access described in paragraph (1) in writing, as necessary.

Energy Independence Act of 2007 - Establishes the National Commission on Energy Independence to conduct a comprehensive review of domestic energy policy. Requires the Commission to submit a status report in specified calendar years to Congress and the President on progress in meeting the long-term energy policy goal of energy independence.

A bill to promote the energy independence of the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Environmental Justice Enforcement Act of 2006''. SEC. 2. FINDINGS. Congress finds the following: (1) This Act is made necessary by a decision of the Supreme Court in Alexander v. Sandoval, 532 U.S. 275 (2001) that significantly impairs statutory protections against discrimination that Congress has erected over a period of almost 4 decades. The Sandoval decision undermines these statutory protections by stripping victims of discrimination (defined under regulations that Congress required Federal departments and agencies to promulgate to implement title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.)) of the right to bring action in Federal court to redress the discrimination and by casting doubt on the validity of the regulations themselves. (2) The Sandoval decision attacks settled expectations created by title VI of the Civil Rights Act of 1964. In 1964 Congress adopted title VI of the Civil Rights Act of 1964 to ensure that Federal dollars would not be used to subsidize or support programs or activities that discriminated on racial, color, or national origin grounds. (3) From the outset, Congress and the executive branch made clear that the regulatory process would be used to ensure broad protections for beneficiaries of the law. The first regulations promulgated by the Department of Justice under title VI of the Civil Rights Act of 1964 forbade the use of ``criteria or methods of administration which have the effect of subjecting individuals to discrimination . . .'' (section 80.3 of title 45, Code of Federal Regulations) and prohibited retaliation against persons participating in litigation or administrative resolution of charges of discrimination brought under the Act. These regulations were drafted by the same executive branch officials who played a central role in drafting title VI of the Civil Rights Act of 1964. (4) These regulations have never been invalidated. In 1966, Congress considered and rejected a proposal to invalidate the disparate impact regulations promulgated pursuant to title VI of the Civil Rights Act of 1964. The Supreme Court has recognized that Congress's failure to disapprove regulations implies that the regulations accurately reflect congressional intent. North Haven Bd. of Educ. v. Bell, 456 U.S. 512, 533-34 (1982). (5) Title VI of the Civil Rights Act of 1964 was designed to confer a benefit on persons who were discriminated against. Title VI of such Act relied heavily on private attorneys general for effective enforcement. Congress acknowledged that it could not secure compliance solely through enforcement actions initiated by the Attorney General. Newman v. Piggie Park Enterprises, 390 U.S. 400 (1968) (per curiam). (6) The Supreme Court has made it clear that individuals suffering discrimination in violation of title VI of the Civil Rights Act of 1964 have a private right of action in the Federal courts, and that this is necessary for effective protection of the law, although Congress did not make such a right of action explicit in the statute. Cannon v. University of Chicago, 441 U.S. 677 (1979). (7) Notwithstanding the decision of the Supreme Court in Cort v. Ash, 422 U.S. 66 (1975) to abandon prior precedent and require explicit statutory statements of a right of action, Congress and the Courts both before and after Cort have recognized an implied right of action under title VI of the Civil Rights Act of 1964. For example, Congress has consistently provided the means for enforcing the statutes. In 1972, Congress established a right to attorney's fees in private actions brought under title VI of the Civil Rights Act of 1964. (8) The Supreme Court had no basis in law or in legislative history in Sandoval for denying a right of action under regulations promulgated pursuant to title VI of the Civil Rights Act of 1964 while permitting it under the statute. The regulations were congressionally mandated and their promulgation was specifically directed by Congress under section 602 of that Act (42 U.S.C. 2000d-1) ``to effectuate'' the antidiscrimination provisions of the statute. Title VI of the Civil Rights Act of 1964 stressed the importance of the regulations by requiring them to be ``approved by the President''. (9) Regulations that prohibit practices that have the effect of discrimination are consistent with prohibitions of disparate treatment that require a showing of intent, as the Supreme Court has acknowledged in the following decisions: (A) A disparate impact standard allows a court to reach discrimination that could actually exist under the guise of compliance with the law. Griggs v. Duke Power Co., 401 U.S. 424 (1971). (B) Evidence of a disproportionate burden will often be the starting point in any analysis of unlawful discrimination. Village of Arlington Heights v. Metropolitan Hous. Dev. Corp., 429 U.S. 252 (1977). (C) An invidious purpose may often be inferred from the totality of the relevant facts, including, where true, that the practice bears more heavily on one race than another. Washington v. Davis, 426 U.S. 229 (1976). (D) The disparate impact method of proof is critical to ferreting out stereotypes underlying intentional discrimination. Watson v. Fort Worth Bank & Trust, 487 U.S. 977 (1988). (10) The interpretation of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) as prohibiting practices that have disparate impact and that are not justified as necessary to achieve the goals of the programs or activities supported by the Federal financial assistance is powerfully reinforced by the use of such a standard in enforcing title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.). When the Supreme Court wavered on the application of a disparate impact standard under title VII, Congress specifically reinstated it as law in the Civil Rights Act of 1991 (Public Law 102-166; 105 Stat. 1071). (11) By reinstating a private right of action under title VI of the Civil Rights Act of 1964, Congress is not acting in a manner that would expose entities subject to that title to unfair findings of discrimination. The legal standard for a disparate impact claim has never been structured so that a finding of discrimination could be based on numerical imbalance alone. (12) In contrast, a failure to reinstate or confirm a private right of action would leave vindication of the rights to equality of opportunity solely to Federal agencies, which may fail to take necessary and appropriate action because of administrative overburden or other reasons. Action by Congress to specify a private right of action is necessary to ensure that persons will have a remedy if they are denied equal access to education, housing, health, environmental protection, transportation, and many other programs and services by practices of entities subject to title VI of the Civil Rights Act of 1964 that result in discrimination. (13) As a result of the Supreme Court's decision in Sandoval, courts have dismissed numerous claims brought under the regulations promulgated pursuant to title VI of the Civil Rights Act of 1964 that challenged actions with an unjustified discriminatory effect. (14) The right to maintain a private right of action under a provision added under this Act to title VI of the Civil Rights Act of 1964 will be effectuated by a waiver of sovereign immunity in the same manner as sovereign immunity is waived under the remaining provisions of that title. SEC. 3. PROHIBITED DISCRIMINATION. Section 601 of the Civil Rights Act of 1964 (42 U.S.C. 2000d) is amended-- (1) by striking ``No'' and inserting ``(a) No''; and (2) by adding at the end the following: ``(b)(1)(A) Discrimination (including exclusion from participation and denial of benefits) based on disparate impact is established under this title only if-- ``(i) a person aggrieved by discrimination on the basis of race, color, or national origin (referred to in this title as an `aggrieved person') demonstrates that an entity subject to this title (referred to in this title as a `covered entity') has a policy or practice that causes a disparate impact on the basis of race, color, or national origin and the covered entity fails to demonstrate that the challenged policy or practice is related to and necessary to achieve the nondiscriminatory goals of the program or activity alleged to have been operated in a discriminatory manner; or ``(ii) the aggrieved person demonstrates (consistent with the demonstration required under title VII with respect to an `alternative employment practice') that a less discriminatory alternative policy or practice exists, and the covered entity refuses to adopt such alternative policy or practice. ``(B)(i) With respect to demonstrating that a particular policy or practice causes a disparate impact as described in subparagraph (A)(i), the aggrieved person shall demonstrate that each particular challenged policy or practice causes a disparate impact, except that if the aggrieved person demonstrates to the court that the elements of a covered entity's decisionmaking process are not capable of separation for analysis, the decisionmaking process may be analyzed as one policy or practice. ``(ii) If the covered entity demonstrates that a specific policy or practice does not cause the disparate impact, the covered entity shall not be required to demonstrate that such policy or practice is necessary to achieve the goals of its program or activity. ``(2) A demonstration that a policy or practice is necessary to achieve the goals of a program or activity may not be used as a defense against a claim of intentional discrimination under this title. ``(3) In this subsection, the term `demonstrates' means meets the burdens of production and persuasion. ``(c) No person in the United States shall be subjected to discrimination, including retaliation, because such person opposed any policy or practice prohibited by this title, or because such person made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this title.''. SEC. 4. RIGHTS OF ACTION. Section 602 of the Civil Rights Act of 1964 (42 U.S.C. 2000d-1) is amended-- (1) by inserting ``(a)'' before ``Each Federal department and agency which is empowered''; and (2) by adding at the end the following: ``(b) Any person aggrieved by the failure of a covered entity to comply with this title, including any regulation promulgated pursuant to this title, may bring a civil action in any Federal or State court of competent jurisdiction to enforce such person's rights.''. SEC. 5. RIGHT OF RECOVERY. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) is amended by inserting after section 602 the following: ``SEC. 602A. ACTIONS BROUGHT BY AGGRIEVED PERSONS. ``(a) Claims Based on Proof of Intentional Discrimination.--In an action brought by an aggrieved person under this title against a covered entity who has engaged in unlawful intentional discrimination (not a practice that is unlawful because of its disparate impact) prohibited under this title (including its implementing regulations), the aggrieved person may recover equitable and legal relief (including compensatory and punitive damages), attorney's fees (including expert fees), and costs, except that punitive damages are not available against a government, government agency, or political subdivision. ``(b) Claims Based on the Disparate Impact Standard of Proof.--In an action brought by an aggrieved person under this title against a covered entity who has engaged in unlawful discrimination based on disparate impact prohibited under this title (including its implementing regulations), the aggrieved person may recover equitable relief, attorney's fees (including expert fees), and costs.''. SEC. 6. EFFECTIVE DATE. (a) In General.--This Act, and the amendments made by this Act, are retroactive to April 24, 2001, and effective as of that date. (b) Application.--This Act, and the amendments made by this Act, apply to all actions or proceedings pending on or after April 24, 2001, except as to an action against a State on a claim brought under the disparate impact standard, as to which the effective date is the date of enactment of this Act.

Environmental Justice Enforcement Act of 2006 - Amends the Civil Rights Act of 1964 to declare that discrimination based on disparate impact under federally assisted programs (including exclusion from participation and denial of benefits) is established only if a person aggrieved by discrimination on the basis of race, color, or national origin demonstrates that: (1) a covered entity has a policy or practice causing a disparate impact on that basis and fails to demonstrate that the challenged policy or practice is related to and necessary to achieve the nondiscriminatory goals of the program or activity alleged to have been operated in a discriminatory manner; or (2) a less discriminatory alternative policy or practice exists, but the covered entity refuses to adopt it. Authorizes an aggrieved person to: (1) bring a civil action in federal or state court to enforce such person's rights; and (2) recover equitable relief, attorney's fees, and costs. Makes the effective date of this Act retroactive to April 24, 2001.

A bill to restore, reaffirm, and reconcile legal rights and remedies under civil rights statutes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Territories Medicare Prescription Drug Assistance Equity Act of 2014''. SEC. 2. EQUITABLE TREATMENT OF RESIDENTS OF TERRITORIES IN PREMIUM AND COST-SHARING SUBSIDIES UNDER MEDICARE PRESCRIPTION DRUG PROGRAM. (a) Medicare Assistance.--Section 1860D-14(a)(3) of the Social Security Act (42 U.S.C. 1395w-114(a)(3)) is amended by striking subparagraph (F). (b) Medicaid Assistance.--Section 1935 of the Social Security Act (42 U.S.C. 1396v) is amended-- (1) in subsection (c)(1)(A)-- (A) by inserting ``(and each other State for each month beginning with January 2016)'' after ``January 2006''; and (B) in clause (i), by inserting ``or (2)(B) (as the case may be)'' after ``paragraph (2)(A)''; (2) in subsection (c)(2)-- (A) in subparagraph (A)-- (i) by amending the heading to read as follows: ``Computation for 50 states and the district of columbia''; and (ii) by striking ``a State described in paragraph (1)'' and inserting ``one of the 50 States or the District of Columbia''; (B) in subparagraph (B)-- (i) by striking ``subparagraph (A)'' and inserting ``subparagraph (A) or (B) (as the case may be)''; and (ii) by redesignating such subparagraph as subparagraph (C); and (C) by inserting after subparagraph (A) the following new subparagraph: ``(B) Computation for territories.--The amount computed under this paragraph for a State not described in subparagraph (A) and for a month in a year (beginning with 2016) is equal to-- ``(i) \1/12\ of the product of-- ``(I) the amount determined under subsection (e) for the State for 2015; and ``(II) 100 percent minus the highest possible Federal medical assistance percentage that may be applied to any of the 50 States for fiscal year 2014 under section 1905(b)(1); and ``(ii) increased for each year ((beginning with 2016) up to and including the year involved) by the applicable growth factor specified in paragraph (4) for that year.''; and (3) in subsection (e)-- (A) in paragraph (1)-- (i) in subparagraph (A), by striking ``of such State; and'' and inserting ``of such State for years before 2016;''; (ii) in subparagraph (B)-- (I) by inserting ``for periods before January 1, 2016'' after ``(B)''; and (II) by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following new subparagraph: ``(C) for the first 3 quarters of fiscal year 2016 and for each subsequent fiscal year, the amount otherwise applied under section 1108(f) for the State shall be increased by the amount specified in paragraph (4)(A) for such period or fiscal year.''; (B) in paragraph (2), by striking ``The Secretary'' and inserting ``For periods before January 2016, the Secretary''; (C) in paragraph (3)-- (i) in the heading, by inserting ``before second quarter of fiscal year 2016'' after ``Increased amount''; (ii) in subparagraph (A)-- (I) in the matter before clause (i), by inserting ``or other fiscal period'' after ``for a year''; and (II) in clause (i), by inserting ``for such year or period'' after ``subparagraph (B)''; and (iii) in subparagraph (B)-- (I) in clause (ii), by striking ``or'' at the end; (II) in clause (iii), by striking ``in a subsequent year'' and inserting ``in a subsequent fiscal year (before the second quarter of fiscal year 2016)'' and by striking the period at the end and inserting ``; and''; and (III) by adding at the end the following: ``(iv) for the first quarter of fiscal year 2016, is equal to 25 percent of the aggregate amount specified in this subparagraph for the previous fiscal year increased by the annual percentage increase specified in section 1860D- 2(b)(6) for the year involved.''; (D) by striking paragraph (4); and (E) by inserting after paragraph (3) the following new paragraph: ``(4) Increased amount beginning with second quarter of fiscal year 2016.-- ``(A) In general.--The amount specified in this paragraph for a State for the last 3 quarters of fiscal year 2016 or for a subsequent fiscal year is equal to the product of-- ``(i) the aggregate amount specified in subparagraph (B) for such period or fiscal year; and ``(ii) the ratio (as estimated by the Secretary) of-- ``(I) the number of individuals who are entitled to benefits under part A or enrolled under part B and who reside in the State (as determined by the Secretary based on the most recent available data before the beginning of the period or year); to ``(II) the sum of such numbers for all States that are subject to this subsection. ``(B) Aggregate amount.--The aggregate amount specified in this subparagraph for-- ``(i) the last 3 quarters of fiscal year 2016, is equal to 3 times the amount specified in paragraph (3)(B)(iv); ``(ii) fiscal year 2017, is equal to 4 times the amount specified in paragraph (3)(B)(iv) increased by the same annual percentage increase as is applied to increases in the amounts applied for the fiscal year and State under section 1108(f); or ``(iii) a subsequent fiscal year, is equal to the aggregate amount specified in this subparagraph for the previous fiscal year increased by the same annual percentage increase as is applied for the fiscal year and State under section 1108(f).''. (c) Conforming Amendments.-- (1) Section 1108(f) of the Social Security Act (42 U.S.C. 1308(f)) is amended by striking ``1935(e)(1)(B)'' and inserting ``1935(e)(1)''. (2) Section 1860D-14(a)(3)(C) of the Social Security Act (42 U.S.C. 1395w-114(a)(3)(C)) is amended by adding at the end the following: ``The poverty line to be applied in the territories shall be the same as the poverty line applied to States in the continental United States.''. (d) Effective Dates.--The amendments made by subsections (a) and (c)(2) shall be effective as of January 1, 2016, and the amendments made by subsections (b) and (c)(1) shall take effect on the date of the enactment of this Act.

Territories Medicare Prescription Drug Assistance Equity Act of 2014 - Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act (SSA) to: (1) repeal the exclusion of non-residents of the 50 states and the District of Columbia from the Medicare prescription drug program under SSA title XVIII part D (Voluntary Prescription Drug Benefit Program), and (2) promote equitable treatment of the residents of U.S. territories in premium and cost-sharing subsidies under the program.

Territories Medicare Prescription Drug Assistance Equity Act of 2014

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Jump Start America Act of 2017''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--SIMPLIFIED INDIVIDUAL INCOME TAX RATES Sec. 101. Simplified individual income tax rates. TITLE II--20-PERCENT CORPORATE TAX RATE Sec. 201. 20-percent corporate tax rate. TITLE III--15-PERCENT MAXIMUM CAPITAL GAINS RATE Sec. 301. 15-percent maximum capital gains rate. TITLE IV--MODIFICATION AND PERMANENT EXTENSION OF THE INCENTIVES TO REINVEST FOREIGN EARNINGS IN THE UNITED STATES Sec. 401. Modification and permanent extension of the incentives to reinvest foreign earnings in the United States. TITLE V--BONUS DEPRECIATION INCREASED TO 100 PERCENT AND MADE PERMANENT Sec. 501. Bonus depreciation increased to 100 percent and made permanent. TITLE VI--FICA AND SECA TAX RATE REDUCTIONS Sec. 601. FICA tax rate reductions. Sec. 602. SECA tax rate reductions. TITLE VII--REPEAL OF ESTATE AND GIFT TAXES Sec. 701. Repeal of estate and gift taxes. TITLE I--SIMPLIFIED INDIVIDUAL INCOME TAX RATES SEC. 101. SIMPLIFIED INDIVIDUAL INCOME TAX RATES. (a) In General.--Section 1(i) of the Internal Revenue Code of 1986 is amended by striking paragraphs (2) and (3), by redesignating paragraph (4) as paragraph (3), and by inserting after paragraph (1) the following new paragraph: ``(2) 20- and 30-percent rate brackets.-- ``(A) In general.--In the case of taxable years beginning after December 31, 2015, the rate of tax under subsections (a), (b), (c), and (d) on taxable income which would (without regard to this paragraph) be taxed at a rate over 15 percent shall be-- ``(i) 20 percent on taxable income not over $1,000,000, and ``(ii) 30 percent on taxable income over $1,000,000. ``(B) Inflation adjustment.--In prescribing the tables under subsection (f) which apply with respect to taxable years beginning after 2016, the $1,000,000 amount in subparagraph (A) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under subsection (f)(3) for the calendar year in which the taxable year begins determined by substituting `calendar year 2015' for `calendar year 1992' in subparagraph (B) thereof. If any adjustment under the preceding sentence is not a multiple of $100, such amount shall be rounded to the next lowest multiple of $100.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2017. TITLE II--20-PERCENT CORPORATE TAX RATE SEC. 201. 20-PERCENT CORPORATE TAX RATE. (a) In General.--Subsection (b) of section 11 of the Internal Revenue Code of 1986 is amended to read as follows: ``(b) Amount of Tax.--The amount of the tax imposed by subsection (a) shall be 20 percent of taxable income.''. (b) Conforming Amendments.-- (1) Paragraphs (2)(B) and (6)(A)(ii) of section 860E(e) of such Code are each amended by striking ``section 11(b)(1)'' and inserting ``section 11(b)''. (2)(A) Section 1445(e)(1) of such Code is amended-- (i) by striking ``35 percent'' and inserting ``the rate of tax in effect for the taxable year under section 11(b)'', and (ii) by striking ``of the gain'' and inserting ``multiplied by the gain''. (B) Section 1445(e)(2) of such Code is amended by striking ``35 percent of the amount'' and inserting ``the rate of tax in effect for the taxable year under section 11(b) multiplied by the amount''. (C) Section 1445(e)(6) of such Code is amended-- (i) by striking ``35 percent'' and inserting ``the rate of tax in effect for the taxable year under section 11(b)'', and (ii) by striking ``of the amount'' and inserting ``multiplied by the amount''. (D) Section 1446(b)(2)(B) of such Code is amended by striking ``section 11(b)(1)'' and inserting ``section 11(b)''. (3) Section 852(b)(1) of such Code is amended by striking the last sentence. (4) Section 7874(e)(1)(B) of such Code is amended by striking ``section 11(b)(1)'' and inserting ``section 11(b)''. (c) Effective Date.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to taxable years beginning after December 31, 2017. (2) Withholding.--The amendments made by subsection (b)(2) shall apply to distributions made after December 31, 2017. TITLE III--15-PERCENT MAXIMUM CAPITAL GAINS RATE SEC. 301. 15-PERCENT MAXIMUM CAPITAL GAINS RATE. (a) In General.--Section 1(h)(1) of the Internal Revenue Code of 1986 is amended by striking subparagraphs (C) and (D), by redesignating subparagraphs (E) and (F) as subparagraphs (D) and (E), respectively, and by inserting after subparagraph (B) the following new subparagraph: ``(C) 15 percent of the adjusted net capital gain (or, if less, taxable income) in excess of the amount on which a tax is determined under subparagraph (B).''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2017. TITLE IV--MODIFICATION AND PERMANENT EXTENSION OF THE INCENTIVES TO REINVEST FOREIGN EARNINGS IN THE UNITED STATES SEC. 401. MODIFICATION AND PERMANENT EXTENSION OF THE INCENTIVES TO REINVEST FOREIGN EARNINGS IN THE UNITED STATES. (a) Repatriation Subject to 5-Percent Tax Rate.--Section 965(a)(1) of the Internal Revenue Code of 1986 is amended by striking ``85 percent'' and inserting ``85.7 percent''. (b) Permanent Extension To Elect Repatriation.--Section 965(f) of such Code is amended to read as follows: ``(f) Election.--The taxpayer may elect to apply this section to any taxable year only if made on or before the due date (including extensions) for filing the return of tax for such taxable year.''. (c) Repatriation Includes Current and Accumulated Foreign Earnings.-- (1) In general.--Section 965(b)(1) of such Code is amended to read as follows: ``(1) In general.--The amount of dividends taken into account under subsection (a) shall not exceed the sum of the current and accumulated earnings and profits described in section 959(c)(3) for the year a deduction is claimed under subsection (a), without diminution by reason of any distributions made during the election year, for all controlled foreign corporations of the United States shareholder.''. (2) Conforming amendments.-- (A) Section 965(b) of such Code is amended by striking paragraph (2) and by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. (B) Section 965(c) of such Code is amended by striking paragraphs (1) and (2) and by redesignating paragraphs (3), (4), and (5) as paragraphs (1), (2), and (3), respectively. (C) Section 965(c)(3) of such Code, as redesignated by subparagraph (B), is amended to read as follows: ``(3) Controlled groups.--All United States shareholders which are members of an affiliated group filing a consolidated return under section 1501 shall be treated as one United States shareholder.''. (d) Clerical Amendments.-- (1) The heading for section 965 of such Code is amended by striking ``temporary''. (2) The table of sections for subpart F of part III of subchapter N of chapter 1 of such Code is amended by striking ``Temporary dividends'' and inserting ``Dividends''. (e) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. TITLE V--BONUS DEPRECIATION INCREASED TO 100 PERCENT AND MADE PERMANENT SEC. 501. BONUS DEPRECIATION INCREASED TO 100 PERCENT AND MADE PERMANENT. (a) Increase.--Section 168(k)(1)(A) of the Internal Revenue Code of 1986 is amended by striking ``50 percent'' and inserting ``100 percent''. (b) Made Permanent.--Section 168(k)(2) of the Internal Revenue Code of 1986 is amended to read as follows: ``(2) Qualified property.--For purposes of this subsection-- ``(A) In general.--The term `qualified property' means property-- ``(i)(I) to which this section applies which has a recovery period of 20 years or less, ``(II) which is computer software (as defined in section 167(f)(1)(B)) for which a deduction is allowable under section 167(a) without regard to this subsection, ``(III) which is water utility property, or ``(IV) which is qualified leasehold improvement property, and ``(ii) the original use of which commences with the taxpayer. ``(B) Exception for alternative depreciation property.--The term `qualified property' shall not include any property to which the alternative depreciation system under subsection (g) applies, determined-- ``(i) without regard to paragraph (7) of subsection (g) (relating to election to have system apply), and ``(ii) after application of section 280F(b) (relating to listed property with limited business use). ``(C) Special rules.-- ``(i) Sale-leasebacks.--For purposes of clause (ii) and subparagraph (A)(ii), if property is-- ``(I) originally placed in service by a person, and ``(II) sold and leased back by such person within 3 months after the date such property was originally placed in service, such property shall be treated as originally placed in service not earlier than the date on which such property is used under the leaseback referred to in subclause (II). ``(ii) Syndication.--For purposes of subparagraph (A)(ii), if-- ``(I) property is originally placed in service by the lessor of such property, ``(II) such property is sold by such lessor or any subsequent purchaser within 3 months after the date such property was originally placed in service (or, in the case of multiple units of property subject to the same lease, within 3 months after the date the final unit is placed in service, so long as the period between the time the first unit is placed in service and the time the last unit is placed in service does not exceed 12 months), and ``(III) the user of such property after the last sale during such 3-month period remains the same as when such property was originally placed in service, such property shall be treated as originally placed in service not earlier than the date of such last sale. ``(D) Coordination with section 280f.--For purposes of section 280F-- ``(i) Automobiles.--In the case of a passenger automobile (as defined in section 280F(d)(5)) which is qualified property, the Secretary shall increase the limitation under section 280F(a)(1)(A)(i) by $8,000. ``(ii) Listed property.--The deduction allowable under paragraph (1) shall be taken into account in computing any recapture amount under section 280F(b)(2). ``(iii) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 2018, the $8,000 amount in clause (i) shall be increased by an amount equal to-- ``(I) such dollar amount, multiplied by ``(II) the automobile price inflation adjustment determined under section 280F(d)(7)(B)(i) for the calendar year in which such taxable year begins by substituting `2017' for `1987' in subclause (II) thereof. If any increase under the preceding sentence is not a multiple of $100, such increase shall be rounded to the nearest multiple of $100. ``(E) Deduction allowed in computing minimum tax.-- For purposes of determining alternative minimum taxable income under section 55, the deduction under section 167 for qualified property shall be determined without regard to any adjustment under section 56.''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2017. TITLE VI--FICA AND SECA TAX RATE REDUCTIONS SEC. 601. FICA TAX RATE REDUCTIONS. (a) Old-Age, Survivors, and Disability Insurance.--Sections 3101(a) and 3111(a) of the Internal Revenue Code of 1986 are each amended by striking ``6.2 percent'' and inserting ``3.1 percent''. (b) Hospital Insurance.-- (1) Employees.--Section 3101(b) of such Code is amended-- (A) by striking ``1.45 percent'' in paragraph (1) and inserting ``0.725 percent'', and (B) by striking ``0.9 percent'' in paragraph (2) and inserting ``0.45 percent''. (2) Employers.--Section 3111(b) of such Code is amended by striking ``1.45 percent'' and inserting ``0.725 percent''. (c) Effective Date.--The amendments made by this section shall apply remuneration paid after December 31, 2017. SEC. 602. SECA TAX RATE REDUCTIONS. (a) Old-Age, Survivors, and Disability Insurance.--Section 1401(a) of the Internal Revenue Code of 1986 is amended-- (1) by striking all that follows ``for such taxable year'' and inserting a period, and (2) by striking ``the following percent'' and inserting ``6.2 percent''. (b) Hospital Insurance.--Section 1401(b) of such Code is amended-- (1) by striking all that follows ``for such taxable year'' in paragraph (1) and inserting a period, (2) by striking ``the following percent'' in paragraph (1) and inserting ``1.45 percent'', and (3) by striking ``0.9 percent'' in paragraph (2)(A) and inserting ``0.45''. (c) Effective Date.--The amendments made by this section shall apply with respect to remuneration received after December 31, 2017. TITLE VII--REPEAL OF ESTATE AND GIFT TAXES SEC. 701. REPEAL OF ESTATE AND GIFT TAXES. (a) In General.--Subtitle B of the Internal Revenue Code of 1986 (relating to estate, gift, and generation-skipping taxes) is hereby repealed. (b) Effective Date.--The repeal made by subsection (a) shall apply to estates of decedents dying, gifts made, and generation-skipping transfers made after the date of the enactment of this Act.

Jump Start America Act of 2017 This bill amends the Internal Revenue Code, with respect to several corporate and individual income tax policies, to: revise individual income tax rates to establish a 20% rate on taxable income of $1 million or less and a 30% rate on taxable income over $1 million, with an adjustment for inflation after 2016; revise the income tax rates on corporations to impose a single 20% rate on corporate taxable income; modify the formula for calculating the tax on the net capital gains of individual taxpayers to provide for a maximum 15% rate on the adjusted net capital gain of such taxpayers; reduce the tax rate on current and accumulated foreign earnings of U.S. corporations reinvested in the United States and make the lower rate permanent; increase the additional depreciation allowance (bonus depreciation) from 50% to 100% of the adjusted basis of qualifying business property and to make such increased allowance permanent; reduce Social Security and Medicare payroll taxes for employers, employees, and the self-employed; and repeal the federal estate, gift, and generation-skipping transfer taxes.

Jump Start America Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Education for Tomorrow's Jobs Act''. SEC. 2. LOCAL EDUCATIONAL AGENCY PLANS. Section 1112(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6312(b)(1)) is amended-- (1) in subparagraph (P), by striking ``and'' at the end; (2) in subparagraph (Q), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(R) in the case of a local educational agency that chooses to use subgrant funds under this part to establish and carry out the program described in this subparagraph, a description of how the local educational agency will establish and carry out such program, including a description of how the agency will-- ``(i) create a network of schools or programs of study within schools that meaningfully and coherently integrate a rigorous academic curricula emphasizing-- ``(I) real-world applications and aligned with entrance requirements for public institutions of higher education in the State; ``(II) a career and technical education component aligned with the State's challenging academic standards pursuant to section 1111(b)(1) and organized around themes in high-pay, high-growth, or high-skill industry or industry sectors; ``(III) work-based learning opportunities aligned with such standards; and ``(IV) wraparound support services; ``(ii) ensure that the educational experience of students participating in such program is personalized through school-level strategies such as cohort scheduling, professional learning communities, and smaller learning communities; ``(iii) provide a needs and resource assessment demonstrating the local educational agency's capacity to carry out the program; ``(iv) facilitate partnerships among the local educational agency and schools participating in the program, and institutions of higher education, industry, community-based organizations, parent organizations, and other stakeholders, and solicit ongoing participation of these groups on an advisory basis; ``(v) contract with not less than one qualified intermediary with demonstrated expertise in building, connecting, sustaining, and measuring partnerships with employers, institutions of higher education, community- based organizations, parent organizations, and other key external stakeholders; ``(vi) provide staff at schools participating in the program and other stakeholders high-quality and rigorous professional development and technical assistance; ``(vii) facilitate transitions from-- ``(I) secondary schools that do not award a diploma to secondary schools that award a diploma; and ``(II) from secondary schools that award a diploma to postsecondary education; ``(viii) where appropriate, develop and provide enabling policies including budgeting, governance, curriculum, and scheduling autonomies for the program; ``(ix) assure that students throughout the local educational agency, including English language learners and students with disabilities, will be able to fully participate in the school or program of study in which they are enrolled and that student assignment to a school or program of study will be conducted without tracking students into the school or program of study on the basis of their prior academic achievement or membership in a group of students specified under 1111(b)(2)(C)(v)(II), and when possible, based upon the preference of the student or the student's parent; ``(x) demonstrate how the program will be sustainable; and ``(xi) provide for an ongoing and rigorous evaluation of the program and disseminate best practices.''.

Education for Tomorrow's Jobs Act - Amends part A of title I of the Elementary and Secondary Education Act of 1965 to require local educational agencies receiving subgrants under part A to describe how they will establish and carry out a school improvement program, including how they will: create a network of schools or programs of study that integrate a rigorous curriculum emphasizing college and career readiness, and wraparound support services; use school-level strategies to personalize students' educational experience; demonstrate their capacity to implement and sustain their program; involve institutions of higher education, employers, community-based organizations, parent organizations, and other stakeholders in the school improvement process; provide school staff and other stakeholders with high-quality training and technical assistance; facilitate student transitions from secondary schools that do not award diplomas to secondary schools that do, and from the latter to postsecondary education; enable their program through policies that may include budgeting, governance, curriculum, and scheduling autonomies; place students, when possible, in a school or program of study that the student or their parents choose; assure that students are able to fully participate in their school or program of study and are not placed in a school or program of study on the basis of their prior academic achievement or status as a poor, minority, disabled, or limited English proficient student; and arrange for an ongoing and rigorous evaluation of their program, and disseminate best practices.

To amend section 1112 of the Elementary and Secondary Education Act of 1965.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pedestrian Safety Enhancement Act of 2010'. SEC. 2. DEFINITIONS. As used in this Act-- (1) the term ``Secretary'' means the Secretary of Transportation; (2) the term ``alert sound'' (herein referred to as the ``sound'') means a vehicle-emitted sound to enable pedestrians to discern vehicle presence, direction, location, and operation; (3) the term ``cross-over speed'' means the speed at which tire noise, wind resistance, or other factors eliminate the need for a separate alert sound as determined by the Secretary; (4) the term ``motor vehicle'' has the meaning given such term in section 30102(a)(6) of title 49, United States Code, except that such term shall not include a trailer (as such term is defined in section 571.3 of title 49, Code of Federal Regulations); (5) the term ``conventional motor vehicle'' means a motor vehicle powered by a gasoline, diesel, or alternative fueled internal combustion engine as its sole means of propulsion; (6) the term ``manufacturer'' has the meaning given such term in section 30102(a)(5) of title 49, United States Code; (7) the term ``dealer'' has the meaning given such term in section 30102(a)(1) of title 49, United States Code; (8) the term ``defect'' has the meaning given such term in section 30102(a)(2) of title 49, United States Code; (9) the term ``hybrid vehicle'' means a motor vehicle which has more than one means of propulsion; and (10) the term ``electric vehicle'' means a motor vehicle with an electric motor as its sole means of propulsion. SEC. 3. MINIMUM SOUND REQUIREMENT FOR MOTOR VEHICLES. (a) Rulemaking Required.--Not later than 18 months after the date of enactment of this Act the Secretary shall initiate rulemaking, under section 30111 of title 49, United States Code, to promulgate a motor vehicle safety standard-- (1) establishing performance requirements for an alert sound that allows blind and other pedestrians to reasonably detect a nearby electric or hybrid vehicle operating below the cross-over speed, if any; and (2) requiring new electric or hybrid vehicles to provide an alert sound conforming to the requirements of the motor vehicle safety standard established under this subsection. The motor vehicle safety standard established under this subsection shall not require either driver or pedestrian activation of the alert sound and shall allow the pedestrian to reasonably detect a nearby electric or hybrid vehicle in critical operating scenarios including, but not limited to, constant speed, accelerating, or decelerating. The Secretary shall allow manufacturers to provide each vehicle with one or more sounds that comply with the motor vehicle safety standard at the time of manufacture. Further, the Secretary shall require manufacturers to provide, within reasonable manufacturing tolerances, the same sound or set of sounds for all vehicles of the same make and model and shall prohibit manufacturers from providing any mechanism for anyone other than the manufacturer or the dealer to disable, alter, replace, or modify the sound or set of sounds, except that the manufacturer or dealer may alter, replace, or modify the sound or set of sounds in order to remedy a defect or non-compliance with the motor vehicle safety standard. The Secretary shall promulgate the required motor vehicle safety standard pursuant to this subsection not later than 36 months after the date of enactment of this Act. (b) Consideration.--When conducting the required rulemaking, the Secretary shall-- (1) determine the minimum level of sound emitted from a motor vehicle that is necessary to provide blind and other pedestrians with the information needed to reasonably detect a nearby electric or hybrid vehicle operating at or below the cross-over speed, if any; (2) determine the performance requirements for an alert sound that is recognizable to a pedestrian as a motor vehicle in operation; and (3) consider the overall community noise impact. (c) Phase-in Required.--The motor vehicle safety standard prescribed pursuant to subsection (a) of this section shall establish a phase-in period for compliance, as determined by the Secretary, and shall require full compliance with the required motor vehicle safety standard for motor vehicles manufactured on or after September 1st of the calendar year that begins 3 years after the date on which the final rule is issued. (d) Required Consultation.--When conducting the required study and rulemaking, the Secretary shall-- (1) consult with the Environmental Protection Agency to assure that the motor vehicle safety standard is consistent with existing noise requirements overseen by the Agency; (2) consult consumer groups representing individuals who are blind; (3) consult with automobile manufacturers and professional organizations representing them; (4) consult technical standardization organizations responsible for measurement methods such as the Society of Automotive Engineers, the International Organization for Standardization, and the United Nations Economic Commission for Europe, World Forum for Harmonization of Vehicle Regulations. (e) Required Study and Report to Congress.--Not later than 48 months after the date of enactment of this Act, the Secretary shall complete a study and report to Congress as to whether there exists a safety need to apply the motor vehicle safety standard required by subsection (a) to conventional motor vehicles. In the event that the Secretary determines there exists a safety need, the Secretary shall initiate rulemaking under section 30111 of title 49, United States Code, to extend the standard to conventional motor vehicles. SEC. 4. FUNDING. Notwithstanding any other provision of law, $2,000,000 of any amounts made available to the Secretary of Transportation under under section 406 of title 23, United States Code, shall be made available to the Administrator of the National Highway Transportation Safety Administration for carrying out section 3 of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Pedestrian Safety Enhancement Act of 2010 - Directs the Secretary of Transportation to initiate a rulemaking to promulgate a phased-in motor vehicle safety standard: (1) establishing performance requirements for an alert sound that allows blind and other pedestrians to detect a nearby electric or hybrid vehicle operating below the cross-over speed, if any; and (2) requiring such vehicles to provide an alert sound conforming to established standard requirements. Prescribes requirements for such standards. Prohibits requiring either driver or pedestrian activation of the alert sound. Directs the Secretary to study and report to Congress on whether there is a safety need to apply such standard to conventional motor vehicles. Requires the allocation of certain funds to the Administrator of the National Highway Transportation Safety Administration (NHTSA) to carry out this rulemaking.

A bill to direct the Secretary of Transportation to study and establish a motor vehicle safety standard that provides for a means of alerting blind and other pedestrians of motor vehicle operation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Regulation Audit Revive Economy Act of 2011'' or the ``RARE Act of 2011''. SEC. 2. MORATORIUM ON REGULATIONS. Until the end of the moratorium period, a Federal agency may not take any regulatory rulemaking action, unless an exception is provided under section 4. SEC. 3. SPECIAL RULE ON STATUTORY, REGULATORY, AND JUDICIAL DEADLINES. (a) In General.--Any deadline for, relating to, or involving any action dependent upon any regulatory rulemaking actions authorized or required to be taken before the end of the moratorium period is extended for 5 months or until the end of the moratorium period, whichever is later. (b) Deadline Defined.--The term ``deadline'' means any date certain for fulfilling any obligation or exercising any authority established by or under any Federal statute or regulation, or by or under any court order implementing any Federal statute or regulation. (c) Identification of Postponed Deadlines.--Not later than 30 days after the date of the enactment of this Act, the President shall identify and publish in the Federal Register a list of deadlines covered by subsection (a). SEC. 4. EMERGENCY EXCEPTIONS; EXCLUSIONS. (a) Emergency Exception.--Section 2 or 3(a), or both, shall not apply to a regulatory rulemaking action if-- (1) the head of a Federal agency otherwise authorized to take the action submits a written request to the Administrator of the Office of Information and Regulatory Affairs within the Office of Management and Budget and submits a copy of such request to the Congress; (2) the Administrator of the Office of Information and Regulatory Affairs within the Office of Management and Budget finds in writing that a waiver for the action is-- (A) necessary because of an imminent threat to health or safety or other emergency; or (B) necessary for the enforcement of criminal laws; and (3) the head of the Federal agency publishes the finding and waiver in the Federal Register. (b) Exclusions.--The head of an agency shall publish in the Federal Register any action excluded because of a certification under section 6(4)(B). (c) Civil Rights Exception.--Section 2 or 3(a), or both, shall not apply to a regulatory rulemaking action to establish or enforce any statutory rights against discrimination on the basis of age, race, religion, gender, national origin, or handicapped or disability status except such rulemaking actions that establish, lead to, or otherwise rely on the use of a quota or preference based on age, race, religion, gender, national origin, or handicapped or disability status. SEC. 5. REVIEW OF RULES. (a) Review and Report Required.--In accordance with this section and as soon as practicable after the date of the enactment of this Act, the Director of the Office of Management and Budget shall-- (1) conduct a review of each rule that is being enforced as of the date of the enactment of this Act; and (2) submit to Congress and make available to the public a report on such review. (b) Matters Covered.--The report under subsection (a) shall include the following: (1) An estimate of the total annual costs and benefits (including quantifiable and nonquantifiable effects) of each rule covered by the review, to the extent feasible. (2) Where applicable, recommendations for reform of an existing major rule. (3) The total number of minor and major rules that are being enforced as of the date of the enactment of this Act. (c) Uniform Standard.--The Director of Office of Management and Budget shall apply a uniform standard for figures and cost summaries in the report required under subsection (a). SEC. 6. DEFINITIONS. For purposes of this Act: (1) Federal agency.--The term ``Federal agency'' means any agency as that term is defined in section 551(1) of title 5, United States Code. (2) Major rule.--The term ``major rule'' has the meaning given that term in section 804 of title 5, United States Code. (3) Moratorium period.--The term ``moratorium period'' means the period of time-- (A) beginning 30 days after the date of the enactment of this Act; and (B) ending on the later of-- (i) 14 days after the day on which the Director of the Office of Management and Budget publishes the report pursuant to section 5; or (ii) two years after the date of the enactment of this Act. (4) Regulatory rulemaking action.-- (A) In general.--The term ``regulatory rulemaking action'' means any rulemaking on any rule normally published in the Federal Register, including-- (i) the issuance of any substantive rule, interpretative rule, statement of agency policy, notice of inquiry, advance notice of proposed rulemaking, or notice of proposed rulemaking, and (ii) any other action taken in the course of the process of rulemaking (except a cost benefit analysis or risk assessment, or both). (B) Exclusions.--The term ``regulatory rulemaking action'' does not include-- (i) any agency action that the head of the agency and the Administrator of the Office of Information and Regulatory Affairs within the Office of Management and Budget certify in writing is limited to repealing, narrowing, or streamlining a rule, regulation, or administrative process or otherwise reducing regulatory burdens; (ii) any agency action that the head of the agency and the Administrator of the Office of Information and Regulatory Affairs within the Office of Management and Budget certify in writing is limited to matters relating to military or foreign affairs functions, statutes implementing international trade agreements, including all agency actions required by the Uruguay Round Agreements Act, or agency management, personnel, or public property, loans, grants, benefits, or contracts; (iii) any agency action that the head of the agency and the Administrator of the Office of Information and Regulatory Affairs within the Office of Management and Budget certify in writing is limited to a routine administrative function of the agency; (iv) any agency action that-- (I) is taken by an agency that supervises and regulates insured depository institutions, affiliates of such institutions, credit unions, or government sponsored housing enterprises; and (II) the head of the agency certifies would meet the standards for an exception or exclusion described in this Act; or (v) any agency action that the head of the agency certifies is limited to interpreting, implementing, or administering the internal revenue laws of the United States. (5) Rule.--The term ``rule''-- (A) means the whole or a part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy; and (B) does not include-- (i) the approval or prescription, on a case-by-case or consolidated case basis, for the future of rates, wages, corporation, or financial structures or reorganizations thereof, prices, facilities, appliances, services or allowances therefor, or of valuations, costs, or accounting, or practices bearing on any of the foregoing; (ii) any action taken in connection with the safety of aviation; (iii) any action taken in connection with the implementation of monetary policy or to ensure the safety and soundness of federally insured depository institutions, any affiliate of such an institution, credit unions, or government sponsored housing enterprises or to protect the Federal deposit insurance funds; (iv) the granting an application for a license, registration, or similar authority, granting or recognizing an exemption, granting a variance or petition for relief from a regulatory requirement, or other action relieving a restriction (including any agency which establishes, modifies, or conducts a regulatory program for a recreational or subsistence activity, including hunting, fishing, and camping, if a Federal law prohibits the recreational or subsistence activity in the absence of the agency action); or (v) taking any action necessary to permit new or improved applications of technology or allow the manufacture, distribution, sale, or use of a substance or product. (6) Rulemaking.--The term ``rulemaking'' means agency process for formulating, amending, or repealing a rule. (7) License.--The term ``license'' means the whole or part of an agency permit, certificate, approval, registration, charter, membership, statutory exemption, or other form of permission. (8) Imminent threat to health or safety.--The term ``imminent threat to health or safety'' means the existence of any condition, circumstance, or practice reasonably expected to cause death, serious illness, or severe injury to humans, or substantial endangerment to private property during the moratorium period. SEC. 7. LIMITATION ON CIVIL ACTIONS. No private right of action may be brought against any Federal agency for a violation of this Act. This prohibition shall not affect any private right of action or remedy otherwise available under any other law.

Regulation Audit Revive Economy Act of 2011 or the RARE Act of 2011 - Imposes a moratorium on federal agencies taking any regulatory rulemaking action beginning 30 days after the enactment of this Act and ending on the later of 14 days after the Director of the Office of Management and Budget (OMB) publishes a report on a review of rules, as defined by this Act, or 2 years after the enactment of this Act. Allows exceptions for rulemaking necessary because of an imminent threat to health or safety or other emergency, for the enforcement of criminal laws, or to establish or enforce statutory rights against discrimination.

To establish a moratorium on regulatory rulemaking actions, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing Public Areas of Transportation Facilities Act of 2018''. SEC. 2. DEFINITIONS. In this Act: (1) Public and private sector stakeholders.--The term ``public and private sector stakeholders'' has the meaning given such term in section 114(u)(1)(C) of title 49, United States Code. (2) Surface transportation asset.--The term ``surface transportation asset'' includes facilities, equipment, or systems used to provide transportation services by-- (A) a public transportation agency (as such term is defined in section 1402(5) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1131(5))); (B) a railroad carrier (as such term is defined in section 20102(3) of title 49, United States Code); (C) an owner or operator of-- (i) an entity offering scheduled, fixed- route transportation services by over-the road bus (as such term is defined in section 1501(4) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1151(4))); or (ii) a bus terminal; or (D) other transportation facilities, equipment, or systems, as determined by the Secretary. SEC. 3. PUBLIC AREA SECURITY WORKING GROUP. (a) Working Group.--The Secretary of Homeland Security shall establish a working group to promote collaborative engagement between the Department of Homeland Security and public and private sector stakeholders to develop non-binding recommendations for enhancing security in public areas of transportation facilities (including facilities that are surface transportation assets), including recommendations regarding the following topics: (1) Information sharing and interoperable communication capabilities among the Department of Homeland Security and public and private stakeholders with respect to terrorist or other threats. (2) Coordinated incident response procedures. (3) The prevention of terrorist attacks and other incidents through strategic planning, security training, exercises and drills, law enforcement patrols, worker vetting, and suspicious activity reporting. (4) Infrastructure protection through effective construction design barriers and installation of advanced surveillance and other security technologies. (b) Annual Report.--Not later than 1 year after the establishment of the working group under subsection (a) and annually thereafter for 5 years, the Secretary of Homeland Security shall report to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the working group's organization, participation, activities, findings, and non- binding recommendations for the immediately preceding 12-month period. The Secretary may publish a public version of such report that describes the working group's activities and such related matters as would be informative to the public, consistent with section 552(b) of title 5, United States Code. (c) Inapplicability of the Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the working group established under subsection (a) or any subsidiary thereof. SEC. 4. TECHNICAL ASSISTANCE. (a) In General.--The Secretary of Homeland Security shall-- (1) inform owners and operators of surface transportation assets about the availability of technical assistance, including vulnerability assessment tools and cybersecurity guidelines, to help protect and enhance the resilience of public areas of such assets; and (2) subject to the availability of appropriations, provide such technical assistance to requesting owners and operators of surface transportation assets. (b) Best Practices.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security shall publish on the Department of Homeland Security's website and widely disseminate, as appropriate, best practices for protecting and enhancing the resilience of public areas of transportation facilities (including facilities that are surface transportation assets), including associated frameworks or templates for implementation. Such best practices shall be updated periodically. SEC. 5. REVIEW. (a) Review.--Not later than 1 year after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that includes a review of regulations, directives, policies, and procedures issued by the Administrator regarding the transportation of a firearm and ammunition, and, as appropriate, information on plans to modify any such regulation, directive, policy, or procedure based on such review. (b) Consultation.--In preparing the report required under subsection (a), the Administrator of the Transportation Security Administration shall consult with the Aviation Security Advisory Committee (established pursuant to section 44946 of title 49, United States Code) and appropriate public and private sector stakeholders. Passed the House of Representatives June 25, 2018. Attest: KAREN L. HAAS, Clerk.

Securing Public Areas of Transportation Facilities Act of 2018 (Sec. 3) This bill requires the Department of Homeland Security (DHS) to establish a working group to promote collaborative engagement between DHS and public and private sector stakeholders to develop non-binding recommendations for enhancing security in public areas of transportation facilities (including facilities that are surface transportation assets). (Sec. 4) DHS shall: (1) inform owners and operators of surface transportation assets about the availability of technical assistance to help protect and enhance the resilience of public areas of such assets, (2) provide such assistance to requesting owners and operators of surface transportation assets, and (3) publish best practices for protecting and enhancing the resilience of public areas of transportation facilities. (Sec. 5) The Transportation Security Administration (TSA) shall submit to specified congressional committees a review of regulations, directives, policies, and procedures issued by the TSA regarding the transportation of a firearm and ammunition.

Securing Public Areas of Transportation Facilities Act of 2018

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Medicare Telehealth Enhancement Act of 2005''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--MEDICARE PROGRAM Sec. 101. Expanding access to telehealth services to all areas. Sec. 102. Increase in number of types of originating sites; clarification. Sec. 103. Expansion of use of store-and-forward technology. Sec. 104. Expansion of practitioners eligible to furnish telehealth services. Sec. 105. Expansion of covered telehealth services. Sec. 106. Facilitating the provision of telehealth services across State lines. Sec. 107. Effective Date. TITLE II--HRSA GRANT PROGRAM Sec. 201. Grant program for the development of telehealth networks. Sec. 202. Reauthorization of telehealth network and telehealth resource centers grant programs. TITLE I--MEDICARE PROGRAM SEC. 101. EXPANDING ACCESS TO TELEHEALTH SERVICES TO ALL AREAS. Section 1834(m)(4)(C)(i) of the Social Security Act (42 U.S.C. 1395m(m)(4)(C)(i)) is amended by striking ``and only if such site is located'' and all that follows and inserting ``without regard to the geographic area where the site is located.''. SEC. 102. INCREASE IN NUMBER OF TYPES OF ORIGINATING SITES; CLARIFICATION. (a) Increase.--Section 1834(m)(4)(C)(ii) of the Social Security Act (42 U.S.C. 1395m(m)(4)(C)(ii)) is amended by adding at the end the following new subclauses: ``(VI) A skilled nursing facility (as defined in section 1819(a)). ``(VII) A renal dialysis facility. ``(VIII) A county mental health clinic or other publicly funded mental health facility.''. (b) Clarification of Intent of the Term Originating Site.--Such section is further amended by adding at the end the following new paragraph: ``(5) Construction.--In applying the term `originating site' under this subsection, the Secretary shall apply the term only for the purpose of determining whether a site is eligible to receive a facility fee. Nothing in the application of that term under this subsection shall be construed as affecting the ability of an eligible practitioner to submit claims for telehealth services that are provided to other sites that have telehealth systems and capabilities.''. SEC. 103. EXPANSION OF USE OF STORE-AND-FORWARD TECHNOLOGY. The second sentence of section 1834(m)(1) of the Social Security Act (42 U.S.C. 1395m(m)(1)) is amended to read as follows: ``For purposes of the preceding sentence, in the case of any medicare demonstration program conducted by the Secretary, any disease management program under this title, or any site determined appropriate by the Secretary, the term `telecommunications system' includes store- and-forward technologies that provide for the asynchronous transmission of health care information in single or multimedia formats.''. SEC. 104. EXPANSION OF PRACTITIONERS ELIGIBLE TO FURNISH TELEHEALTH SERVICES. Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is amended-- (1) in paragraph (1), by striking ``(as defined in section 1861(r)) or a practitioner (described in section 1842(b)(18)(C))'' and inserting ``or a practitioner''; and (2) by striking paragraph (4)(E) and inserting the following new subparagraph: ``(E) Practitioner.--The term `practitioner' means-- ``(i) a practitioner described in section 1842(b)(18)(C); ``(ii) a physical therapist (as described in section 1861(p)); ``(iii) an occupational therapist (as so described); ``(iv) a qualified speech-language pathologist (as defined in section 1861(ll)(3)(A)); ``(v) a certified provider (as described in section 1861(qq)(2)(A)); and ``(vi) any other individual or entity determined appropriate by the Secretary.''. SEC. 105. EXPANSION OF COVERED TELEHEALTH SERVICES. Section 1834(m)(4)(F)(i) of the Social Security Act (42 U.S.C. 1395m(m)(4)(F)(i)) is amended to read as follows: ``(i) In general.--The term `telehealth service' means-- ``(I) any professional service (identified as of July 1, 2000, by HCPCS codes approved for face-to-face care, and as subsequently modified by the Secretary); and ``(II) any additional service specified by the Secretary.''. SEC. 106. FACILITATING THE PROVISION OF TELEHEALTH SERVICES ACROSS STATE LINES. (a) In General.--For purposes of expediting the provision of telehealth services, for which payment is made under the medicare program, across State lines, the Secretary of Health and Human Services shall, in consultation with representatives of States, physicians, health care practitioners, and patient advocates, encourage and facilitate the adoption of provisions allowing for multistate practitioner licensure across State lines. (b) Definitions.--In subsection (a): (1) Telehealth service.--The term ``telehealth service'' has the meaning given that term in subparagraph (F) of section 1834(m)(4) of the Social Security Act (42 U.S.C. 1395m(m)(4)), as amended by this title. (2) Physician, practitioner.--The terms ``physician'' and ``practitioner'' have the meaning given those terms in subparagraphs (D) and (E), respectively, of such section, as so amended. (3) Medicare program.--The term ``medicare program'' means the program of health insurance administered by the Secretary of Health and Human Services under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). SEC. 107. EFFECTIVE DATE. The amendments made by sections 101 through 105 shall apply to services furnished on or after the date that is 90 days after the date of enactment of this Act. TITLE II--HRSA GRANT PROGRAM SEC. 201. GRANT PROGRAM FOR THE DEVELOPMENT OF TELEHEALTH NETWORKS. (a) In General.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary''), acting through the Director of the Office for the Advancement of Telehealth (of the Health Resources and Services Administration), shall make grants to eligible entities (as described in subsection (b)(2)) for the purpose of expanding access to health care services for individuals in rural areas, frontier areas, and urban medically underserved areas through the use of telehealth. (b) Eligible Entities.-- (1) Application.--To be eligible to receive a grant under this section, an eligible entity described in paragraph (2) shall, in consultation with the State office of rural health or other appropriate State entity, prepare and submit to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require, including the following: (A) A description of the anticipated need for the grant. (B) A description of the activities which the entity intends to carry out using amounts provided under the grant. (C) A plan for continuing the project after Federal support under this section is ended. (D) A description of the manner in which the activities funded under the grant will meet health care needs of underserved rural populations within the State. (E) A description of how the local community or region to be served by the network or proposed network will be involved in the development and ongoing operations of the network. (F) The source and amount of non-Federal funds the entity would pledge for the project. (G) A showing of the long-term viability of the project and evidence of health care provider commitment to the network. The application should demonstrate the manner in which the project will promote the integration of telehealth in the community so as to avoid redundancy of technology and achieve economies of scale. (2) Eligible entities.--An eligible entity described in this paragraph is a hospital or other health care provider in a health care network of community-based health care providers that includes at least two of the organizations described in subparagraph (A) and one of the institutions and entities described in subparagraph (B) if the institution or entity is able to demonstrate use of the network for purposes of education or economic development (as required by the Secretary). (A) The organizations described in this subparagraph are the following: (i) Community or migrant health centers. (ii) Local health departments. (iii) Nonprofit hospitals. (iv) Private practice health professionals, including community and rural health clinics. (v) Other publicly funded health or social services agencies. (vi) Skilled nursing facilities. (vii) County mental health and other publicly funded mental health facilities. (viii) Providers of home health services. (ix) Renal dialysis facilities. (B) The institutions and entities described in this subparagraph are the following: (i) A public school. (ii) A public library. (iii) A university or college. (iv) A local government entity. (v) A local health entity. (vi) A health-related nonprofit foundation. (vii) An academic health center. An eligible entity may include for-profit entities so long as the recipient of the grant is a not-for-profit entity. (c) Preference.--The Secretary shall establish procedures to prioritize financial assistance under this section based upon the following considerations: (1) The applicant is a health care provider in a health care network or a health care provider that proposes to form such a network that furnishes or proposes to furnish services in a medically underserved area, health professional shortage area, or mental health professional shortage area. (2) The applicant is able to demonstrate broad geographic coverage in the rural or medically underserved areas of the State, or States, in which the applicant is located. (3) The applicant proposes to use Federal funds to develop plans for, or to establish, telehealth systems that will link rural hospitals and rural health care providers to other hospitals, health care providers, and patients. (4) The applicant will use the amounts provided for a range of health care applications and to promote greater efficiency in the use of health care resources. (5) The applicant is able to demonstrate the long-term viability of projects through cost participation (cash or in- kind). (6) The applicant is able to demonstrate financial, institutional, and community support for the long-term viability of the network. (7) The applicant is able to provide a detailed plan for coordinating system use by eligible entities so that health care services are given a priority over non-clinical uses. (d) Maximum Amount of Assistance to Individual Recipients.--The Secretary shall establish, by regulation, the terms and conditions of the grant and the maximum amount of a grant award to be made available to an individual recipient for each fiscal year under this section. The Secretary shall cause to have published in the Federal Register or the ``HRSA Preview'' notice of the terms and conditions of a grant under this section and the maximum amount of such a grant for a fiscal year. (e) Use of Amounts.--The recipient of a grant under this section may use sums received under such grant for the acquisition of telehealth equipment and modifications or improvements of telecommunications facilities including the following: (1) The development and acquisition through lease or purchase of computer hardware and software, audio and video equipment, computer network equipment, interactive equipment, data terminal equipment, and other facilities and equipment that would further the purposes of this section. (2) The provision of technical assistance and instruction for the development and use of such programming equipment or facilities. (3) The development and acquisition of instructional programming. (4) Demonstration projects for teaching or training medical students, residents, and other health profession students in rural or medically underserved training sites about the application of telehealth. (5) The provision of telenursing services designed to enhance care coordination and promote patient self-management skills. (6) The provision of services designed to promote patient understanding and adherence to national guidelines for common chronic diseases, such as congestive heart failure or diabetes. (7) Transmission costs, maintenance of equipment, and compensation of specialists and referring health care providers, when no other form of reimbursement is available. (8) Development of projects to use telehealth to facilitate collaboration between health care providers. (9) Electronic archival of patient records. (10) Collection and analysis of usage statistics and data that can be used to document the cost-effectiveness of the telehealth services. (11) Such other uses that are consistent with achieving the purposes of this section as approved by the Secretary. (f) Prohibited Uses.--Sums received under a grant under this section may not be used for any of the following: (1) To acquire real property. (2) To purchase or lease equipment to the extent the expenditures would exceed more than 40 percent of the total grant funds. (3) To purchase or install transmission equipment off the premises of the telehealth site and any transmission costs not directly related to the grant. (4) For construction, except that such funds may be expended for minor renovations relating to the installation of equipment. (5) Expenditures for indirect costs (as determined by the Secretary) to the extent the expenditures would exceed more than 15 percent of the total grant. (g) Administration.-- (1) Nonduplication.--The Secretary shall ensure that facilities constructed using grants provided under this section do not duplicate adequately established telehealth networks. (2) Coordination with other agencies.--The Secretary shall coordinate, to the extent practicable, with other Federal and State agencies and not-for-profit organizations operating similar grant programs to pool resources for funding meritorious proposals. (3) Informational efforts.--The Secretary shall establish and implement procedures to carry out outreach activities to advise potential end users located in rural and medically underserved areas of each State about the program authorized by this section. (h) Prompt Implementation.--The Secretary shall take such actions as are necessary to carry out the grant program as expeditiously as possible. (i) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2006, and such sums as may be necessary for each of the fiscal years 2007 through 2012. SEC. 202. REAUTHORIZATION OF TELEHEALTH NETWORK AND TELEHEALTH RESOURCE CENTERS GRANT PROGRAMS. Subsection (s) of section 330I of the Public Health Service Act (42 U.S.C. 254c-14) is amended-- (1) in paragraph (1)-- (A) by striking ``and'' before ``such sums''; and (B) by inserting ``, $10,000,000 for fiscal year 2007, and such sums as may be necessary for each of fiscal years 2008 through 2012'' before the semicolon at the end; and (2) in paragraph (2)-- (A) by striking ``and'' before ``such sums''; and (B) by inserting ``, $10,000,000 for fiscal year 2007, and such sums as may be necessary for each of fiscal years 2008 through 2012'' before the period at the end.

Medicare Telehealth Enhancement Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act regarding telehealth services (services furnished via a telecommunication system by a physician to an enrolled individual) to: (1) remove current geographic restrictions on the provision of such services; (2) add to the kinds of facilities authorized to participate in the telehealth program; (3) provide for the expansion of use of store-and-forward technology; (4) add new kinds of practitioners eligible to furnish telehealth services; (5) extend the meaning of covered telehealth services to any professional service meeting certain requirements; and (6) direct the Secretary of Health and Human Services to facilitate adoption of provisions allowing for multistate practitioner licensure across state lines. Directs the Secretary to make grants for expanding access to health care services for individuals in rural areas, frontier areas, and urban medically underserved areas through the use of telehealth. Amends the Public Health Service Act to reauthorize telehealth network and telehealth resource centers grant programs.

A bill to improve the provision of telehealth services under the Medicare Program, to provide grants for the development of telehealth networks, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Farm Preservation and Conservation Estate Tax Act''. SEC. 2. EXCLUSION FROM GROSS ESTATE FOR CERTAIN FARMLAND SO LONG AS FARMLAND USE CONTINUES. (a) In General.--Part III of subchapter A of chapter 11 of the Internal Revenue Code of 1986 (relating to gross estate) is amended by inserting after section 2033 the following new section: ``SEC. 2033A. EXCLUSION OF CERTAIN FARMLAND SO LONG AS USE AS FARMLAND CONTINUES. ``(a) In General.--In the case of an estate of a decedent to which this section applies, if the executor makes the election described in subsection (f), the value of the gross estate shall not include the adjusted value of qualified farmland included in the estate. ``(b) Estates to Which Section Applies.--This section shall apply to an estate if-- ``(1) the decedent was (at the date of the decedent's death) a citizen or resident of the United States, and ``(2) during the 8-year period ending on the date of the decedent's death there have been periods aggregating 5 years or more during which-- ``(A) the qualified farmland was owned by the decedent or a member of the decedent's family, and ``(B) there was material participation (within the meaning of section 2032A(e)(6)) by the decedent or a member of the decedent's family in the operation of such farmland, except that `material participation' shall also include any rental of real estate and related property between the estate of the decedent or any successor thereto and any tenant so long as the tenant uses the real estate and related property to produce agricultural or horticultural commodities, including but not limited to livestock, bees, poultry, orchards and woodlands, timber and fur-bearing animals and wildlife on such farmland. Rules similar to the rules of paragraphs (4) and (5) of section 2032A(b) shall apply for purposes of subparagraph (B). ``(c) Definitions and Special Rule.--For purposes of this section-- ``(1) Qualified farmland.--The term `qualified farmland' means any real property or other property related to the farm operation-- ``(A) which is located in the United States, ``(B) which is used as a farm for farming purposes, and ``(C) which was acquired from or passed from the decedent to a qualified heir of the decedent and which, on the date of the decedent's death, was being so used by the decedent or a member of the decedent's family. ``(2) Member of family.--A member of a family, with respect to any individual, means-- ``(A) a member of the family (as defined by section 2031A(e)(2)), and ``(B) includes-- ``(i) a lineal descendant of any spouse described in subparagraph (D) of section 2032A(e)(2), ``(ii) a lineal descendant of a sibling of a parent of such individual, ``(iii) a spouse of any lineal descendant described in clause (ii), and ``(iv) a lineal descendant of a spouses described in clause (iii). ``(3) Adjusted value.--The term `adjusted value' means the value of farmland for purposes of this chapter (determined without regard to this section), reduced by the amount deductible under paragraph (3) or (4) of section 2053(a). ``(4) Other terms.--Any other term used in this section which is also used in section 2032A shall have the same meaning given such term by section 2032A. ``(d) Tax Treatment of Dispositions and Failures To Use for Farming Purposes.-- ``(1) Imposition of recapture tax.--If, at any time after the decedent's death-- ``(A) the qualified heir disposes of any interest in qualified farmland (other than by a disposition to a member of his family), or ``(B) the qualified heir ceases to use the real property which was acquired (or passed) from the decedent as a farm for farming purposes, then there is hereby imposed a recapture tax on such disposition or cessation of use. ``(2) Amount of recapture tax.--The amount of the tax imposed by paragraph (1) shall be the excess of-- ``(A) the tax which would have been imposed by section 2001 on the estate of the decedent but determined as if such estate included the interest in qualified farmland described in paragraph (1) which was so disposed of or ceased to be so used, reduced by the credits allowable against such tax, over ``(B) the tax imposed by section 2001 on the estate of the decedent, reduced by such credits. For purposes of this paragraph, the value of the interest in qualified farmland specified in subparagraph (A) shall be the adjusted value of such interest as of the date of the disposition or cessation of such interest described in paragraph (1). ``(3) Regulations.--The Secretary may prescribe such regulations as may be necessary or appropriate to carry out this subsection, including regulations requiring record keeping and information reporting, except that the Secretary may not impose a lien on the estate of the decedent or qualified farmland for such purposes. ``(e) Application of Other Rules.--Rules similar to the rules of subsections (e) (other than paragraph (13) thereof), (f), (g), (h), and (i) of section 2032A shall apply for purposes of this section. ``(f) Election.--The election under this subsection shall be made on or before the due date (including extensions) for filing the return of tax imposed by section 2001 and shall be made on such return.''. (b) Clerical Amendment.--The table of sections for part III of subchapter A of chapter 11 of such Code is amended by inserting after the item relating to section 2033 the following new item: ``Sec. 2033A. Exclusion of certain farmland so long as use as farmland continues.''. (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying after the date of the enactment of this Act. SEC. 3. TEMPORARY EXCLUSION OF QUALIFIED CONSERVATION EASEMENTS. (a) In General.--Part III of subchapter A of chapter 11 of the Internal Revenue Code of 1986 (relating to gross estate), as amended by section 2, is amended by inserting after section 2033A the following new section: ``SEC. 2033B. TEMPORARY EXCLUSION OF QUALIFIED CONSERVATION EASEMENTS. ``(a) In General.--In the case of an estate of a decedent to which this section applies, if the executor makes the election described in subsection (d)-- ``(1) the value of the gross estate shall not include the value of land subject to a qualified conservation easement included in the estate, but ``(2) a tax under subsection (b) shall apply. ``(b) Tax Treatment of Dispositions and for Use Incompatible With Conservation Easement.-- ``(1) Imposition of recapture tax.--If, at any time after the decedent's death-- ``(A) the qualified heir disposes of any interest in the land described in subsection (a)(1) (other than by a disposition to a member of his family), or ``(B) the qualified heir uses any portion of the land described in subsection (a)(1) in a manner which violates the terms of such easement, then there is hereby imposed a recapture tax on such disposition or use. ``(2) Amount of recapture tax.--The amount of the tax imposed by paragraph (1) shall be the excess of-- ``(A) the tax which would have been imposed by section 2001 on the estate of the decedent, determined as if-- ``(i) section 2031(c) did not apply, and ``(ii) as if such estate included the interest described in paragraph (1)(A) or the portion described in paragraph (1)(B), as applicable, reduced by the credits allowable against such tax, over ``(B) the tax imposed by section 2001 on the estate of the decedent, reduced by such credits. For purposes of this paragraph, the value of any interest in land or portion of land subject to a qualified conservation easement shall be the fair market value of such interest or portion as of the date of the disposition or use of such interest or portion described in paragraph (1). ``(3) Regulations.--The Secretary may prescribe such regulations as may be necessary or appropriate to carry out this subsection, including regulations requiring record keeping and information reporting, except that the Secretary may not impose a lien on the estate of the decedent, land subject to a qualified conservation easement, or qualified conservation easement for such purposes. ``(c) Land Subject to Qualified Conservation Easement.--For purposes of this section, the terms `land subject to a qualified conservation easement' and `qualified conservation easement' have the meanings given such terms by section 2031(c)(8). ``(d) Election.--The election under this subsection shall be made on or before the due date (including extensions) for filing the return of tax imposed by section 2001 and shall be made on such return.''. (b) Clerical Amendment.--The table of sections for subchapter B of chapter 62 of such Code is amended by adding at the end the following new item: ``Sec. 2033B. Temporary exclusion of qualified conservation easements.''. (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying after the date of the enactment of this Act. SEC. 4. MODIFICATION OF DEFINITION OF QUALIFIED CONSERVATION EASEMENT. (a) In General.--Subparagraph (B) of section 2031(c)(8) of the Internal Revenue Code of 1986 is amended by striking ``and the restriction on the use of such interest described in section 170(h)(2)(C) shall include a prohibition on more than a de minimis use for a commercial recreational activity''. (b) Effective Date.--The amendments made by this section shall apply to estates of decedents dying after the date of the enactment of this Act. SEC. 5. MODIFICATION OF RULES RELATING TO VALUATION OF CERTAIN FARM, ETC., REAL PROPERTY. (a) Disposition of Interest Subject to Qualified Conservation Easement.--Subparagraph (A) of section 2032A(c)(1) of the Internal Revenue Code of 1986 is amended by striking ``family)'' and inserting ``family or by a disposition to any other person when such interest in real property is subject to a qualified conservation easement (as defined in section 2031(c)(8)(B)))''. (b) Woodlands Subject to Management Plan.--Paragraph (2) of section 2032A(c) of such Code is amended by adding at the end the following new subparagraph: ``(F) Exception for woodlands subject to management plan.--Subparagraph (E) shall not apply to any disposition or severance of standing timber on a qualified woodland that is made pursuant to-- ``(i) a written forest management plan developed by a credentialed professional forester, ``(ii) a written forest management plan that is equivalent to a forest stewardship plan, or ``(iii) a third-party audited forest certification system or similar land management protocol.''. (c) Sale of Conservation Easement Not a Disposition.--Paragraph (8) of section 2032A(c) of such Code is amended-- (1) by striking ``A qualified'' and inserting ``Neither a qualified'', and (2) by inserting ``nor a sale of a conservation easement limiting the use of qualified real property'' after ``otherwise''. (d) Farm Defined.--Paragraph (4) of section 2032A(e) of such Code is amended by striking ``orchards and woodlands'' and inserting ``orchards, woodlands, and properties managed to provide habitat in support of fish and wildlife dependent recreation''. (e) Farming Purpose Defined.--Paragraph (5) of section 2032A(e) of such Code is amended-- (1) in subparagraph (A) by inserting ``, silvicultural,'' after ``agricultural'', and (2) by striking ``and'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, and'', and by adding at the end the following: ``(D) creating, restoring, enhancing, or maintaining habitat for the purpose of generating revenue from nature-oriented recreational opportunities, including hunting, fishing, wildlife observation, and related fish and wildlife dependent recreation.''. (f) Effective Date.--The amendments made by this section shall apply to estates of decedents dying after the date of the enactment of this Act.

Family Farm Preservation and Conservation Estate Tax Act - Amends the Internal Revenue Code to: (1) exclude from the gross estate the value of property used by a decedent and the decedent's family as a farm for farming purposes and certain qualified conservation easements; and (2) impose a recapture tax if such farmland is sold outside the decedent's family or is no longer used for farming purposes or if a qualified conservation easement is likewise sold or used in violation of the terms of such easement.

To amend the Internal Revenue Code of 1986 to provide an exclusion from the gross estate for certain farmlands and lands subject to qualified conservation easements, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Research in Secondary Schools Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The quality of education in science, mathematics, and engineering is the foundation of the Nation's future security and prosperity. (2) In international tests, American secondary school students score lower in science and mathematics than their peers in other developed countries. (3) The number of undergraduate degrees awarded to American students in the physical sciences, mathematics and computer science, and engineering has been static or has declined over the past decade, while projected demand for scientists and engineers is predicted to increase four times faster than overall job growth over the next ten years. (4) New initiatives are required to stimulate the interest of students in science, mathematics, and technology and to help prepare them to succeed in the college courses required for careers in these fields. (5) Hands-on research experiences have been proven to be effective in stimulating student interest in science, mathematics, and technology, in building confidence in the scientific method and problem solving, and in strengthening understanding of scientific concepts. SEC. 3. DEFINITIONS. In this Act-- (1) the term ``Director'' means the Director of the National Science Foundation; (2) the term ``institution of higher education'' has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); and (3) the term ``science teacher'' means a science, mathematics, or technology teacher at the secondary school level. SEC. 4. PROGRAM AUTHORIZED. (a) In General.--The Director is authorized to establish a program to improve science, mathematics, and technology education in secondary schools through awards to institutions of higher education for the support of research projects in science and technology at secondary schools. Awards shall be made to institutions of higher education through a competitive process on the basis of merit in accordance with the guidelines, procedures, and criteria established under subsection (c). (b) Research Projects.--Awards provided under this section shall be used by the recipient institutions to-- (1) provide training for science teachers in the design of research investigations and in the preparation of research project proposals; (2) establish requirements for the contents and procedures for the submission to the institution of higher education of proposals for research projects; (3) establish guidelines, standards, and procedures for the selection of proposals for funding on the basis of merit and following a competitive review process; (4) provide grants to secondary schools for implementing research projects; (5) develop general guidelines for use by science teachers in implementing research projects, including requirements for the reporting of research results; (6) provide stipends for graduate students to serve as advisors and consultants for research projects that include such a role for such graduate students; and (7) assess the educational value of the research projects, including by means of tracking-- (A) the academic performance in science, mathematics, and technology of the participating students; and (B) the undergraduate majors later selected by students who have participated in a research project supported under this Act. (c) Guidelines, Procedures, and Criteria.--The Director shall establish and publish application and selection guidelines, procedures, and criteria for awards under the program established under subsection (a). (d) Proposal Requirements.--Each application for an award under the program established under subsection (a) shall-- (1) provide for collaboration between education faculty and mathematics, engineering, or science faculty at the institution of higher education; (2) include a plan for satisfying the requirements of subsection (b), including a description of the process to be used for soliciting proposals for research projects and an estimate of the number of research projects to be supported; (3) specify the number of graduate students expected to receive support in accordance with subsection (b)(6); and (4) identify sources of non-Federal funding for the proposed program in amounts at least equal to the amount of the award sought under this section. SEC. 5. COORDINATION. The Director shall ensure that coordination and information exchange, including by means of the Internet, occur on a continuing basis among awardees under this Act. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the National Science Foundation to carry out this Act $2,500,000 for each of fiscal years 2002, 2003, and 2004.

Research in Secondary Schools Act - Authorizes the Director of the National Science Foundation to establish a program of competitive grants to institutions of higher education for specified activities in support of research projects in science and technology at secondary schools.Requires the Director to ensure that coordination and information exchange, including by means of the Internet, occur on a continuing basis among grant awardees under this Act.

To authorize the National Science Foundation to provide grants to support research projects in science and technology at secondary schools, and for other purposes.

SECTION 1. ACCESSING, SHARING, AND USING HEALTH DATA FOR RESEARCH PURPOSES. (a) In General.--The HITECH Act (title XIII of division A of Public Law 111-5) is amended by adding at the end of subtitle D of such Act (42 U.S.C. 17921 et seq.) the following: ``PART 4--ACCESSING, SHARING, AND USING HEALTH DATA FOR RESEARCH PURPOSES ``SEC. 13441. REFERENCES. ``In this part: ``(a) The Rule.--References to `the Rule' refer to part 160 or part 164, as appropriate, of title 45, Code of Federal Regulations (or any successor regulation). ``(b) Part 164.--References to a specified section of `part 164', refer to such specified section of part 164 of title 45, Code of Federal Regulations (or any successor section). ``SEC. 13442. DEFINING HEALTH DATA RESEARCH AS PART OF HEALTH CARE OPERATIONS. ``(a) In General.--Subject to subsection (b), the Secretary shall revise or clarify the rule to allow the use and disclosure of protected health information by a covered entity for research purposes, including studies whose purpose is to obtain generalizable knowledge, to be treated as the use and disclosure of such information for health care operations described in subparagraph (1) of the definition of health care operations in section 164.501 of part 164. ``(b) Modifications to Rules for Disclosures for Health Care Operations.--In applying section 164.506 of part 164 to the disclosure of protected health information described in subsection (a)-- ``(1) the Secretary shall revise or clarify the Rule so that the disclosure may be made by the covered entity to only-- ``(A) another covered entity for health care operations (as defined in such section 164.501 of part 164); ``(B) a business associate that has entered into a contract under section 164.504(e) of part 164 with a disclosing covered entity to perform health care operations; or ``(C) a business associate that has entered into a contract under section 164.504(e) of part 164 for the purpose of data aggregation (as defined in such section 164.501 of part 164); and ``(2) the Secretary shall further revise or clarify the Rule so that the limitation specified by section 164.506(c)(4) of part 164 does not apply to disclosures that are described by subsection (a). ``(c) Rule of Construction.--This section shall not be construed as prohibiting or restricting a use or disclosure of protected health information for research purposes that is otherwise permitted under part 164. ``SEC. 13443. TREATING DISCLOSURES OF PROTECTED HEALTH INFORMATION FOR RESEARCH SIMILARLY TO DISCLOSURES OF SUCH INFORMATION FOR PUBLIC HEALTH PURPOSES. ``(a) Remuneration.--The Secretary shall revise or clarify the Rule so that disclosures of protected health information for research purposes are not subject to the limitation on remuneration described in section 164.502(a)(5)(ii)(B)(2)(ii) of part 164. ``(b) Permitted Uses and Disclosures.--The Secretary shall revise or clarify the Rule so that research activities, including comparative research activities, related to the quality, safety, or effectiveness of a product or activity that is regulated by the Food and Drug Administration are included as public health activities for purposes of which a covered entity may disclose protected health information to a person described in section 164.512(b)(1)(iii) of part 164. ``SEC. 13444. PERMITTING REMOTE ACCESS TO PROTECTED HEALTH INFORMATION BY RESEARCHERS. ``The Secretary shall revise or clarify the Rule so that subparagraph (B) of section 164.512(i)(1)(ii) of part 164 (prohibiting the removal of protected health information by a researcher) shall not prohibit remote access to health information by a researcher so long as-- ``(1) appropriate security and privacy safeguards are maintained by the covered entity and the researcher; and ``(2) the protected health information is not copied or otherwise retained by the researcher. ``SEC. 13445. ALLOWING ONE-TIME AUTHORIZATION OF USE AND DISCLOSURE OF PROTECTED HEALTH INFORMATION FOR RESEARCH PURPOSES. ``(a) In General.--The Secretary shall revise or clarify the Rule to specify that an authorization for the use or disclosure of protected health information, with respect to an individual, for future research purposes shall be deemed to contain a sufficient description of the purpose of the use or disclosure if the authorization-- ``(1) sufficiently describes the purposes such that it would be reasonable for the individual to expect that the protected health information could be used or disclosed for such future research; ``(2) either-- ``(A) states that the authorization will expire on a particular date or on the occurrence of a particular event; or ``(B) states that the authorization will remain valid unless and until it is revoked by the individual; and ``(3) provides instruction to the individual on how to revoke such authorization at any time. ``(b) Revocation of Authorization.--The Secretary shall revise or clarify the Rule to specify that, if an individual revokes an authorization for future research purposes such as is described by subsection (a), the covered entity may not make any further uses or disclosures based on that authorization, except, as provided in paragraph (b)(5) of section 164.508 of part 164, to the extent that the covered entity has taken action in reliance on the authorization.''. (b) Revision of Regulations.--Not later than 12 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall revise and clarify the provisions of title 45, Code of Federal Regulations, for consistency with part 4 of subtitle D of the HITECH Act, as added by subsection (a).

This bill amends the HITECH Act to require the Department of Health and Human Services (HHS) to revise or clarify the privacy rule established under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) to allow the use and disclosure of protected health information for research purposes without the individual's authorization, approval from an Institutional Review Board or Privacy Board, or representations from the researcher regarding limited use of the information. These disclosures may only be made to entities subject to HIPAA for health care operations or to business associates that are complying with the privacy rule for health care operations or data aggregation. There is no limitation on payments for these disclosures. Currently, payment is limited to the cost to prepare and transmit the information. An individual's protected health information may be disclosed without the authorization or agreement of the individual for research related to a product or activity that is regulated by the Food and Drug Administration. A researcher is allowed remote access to protected health information if security and privacy safeguards are maintained and the researcher does not retain the information. An individual's authorization to use protected health information for future research is sufficient for a research purpose if the authorization reasonably describes the research and provides instruction to the individual on how to revoke the authorization.

To amend the HITECH Act with respect to accessing, sharing, and using health data for research purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Conservation Reserve Program Improvement and Rural Water Systems Access Act of 2018''. SEC. 2. IMPROVEMENTS TO CONSERVATION RESERVE PROGRAM. (a) Extension.--Section 1231(a) of the Food Security Act of 1985 (16 U.S.C. 3831(a)) is amended by striking ``2018'' and inserting ``2023''. (b) Species of Economic Significance.--Section 1231 of the Food Security Act of 1985 (16 U.S.C. 3831) is amended-- (1) in subsection (f)-- (A) in the subsection heading, by inserting ``and Economic'' after ``Conservation''; (B) by redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively; (C) by inserting before paragraph (2) (as so redesignated) the following: ``(1) Definition of species of economic significance.--In this subsection, the term `species of economic significance' means a wildlife species-- ``(A) the conservation reserve program is critical to maintain the habitat of which, as determined by the Secretary; and ``(B) that the Governor of a State verifies to the Secretary as providing more than $150,000,000 for each year to the economy of the State from hunting the wildlife species and other related activities (such as hunting supplies, lodging, and food sales), as determined by the Secretary.''; (D) in paragraph (2) (as so redesignated), by striking ``designate areas'' and inserting the following: ``designate-- ``(A) areas of special economic sensitivity as economic priority areas; and ``(B) areas''; (E) in paragraph (3) (as so redesignated), by striking the paragraph designation and heading and all that follows through ``subsection'' and inserting the following: ``(3) Eligible areas.--Areas eligible for designation under-- ``(A) paragraph (2)(A) shall include areas with actual and significant declining habitat for species of economic significance; and ``(B) paragraph (2)(B)''; (F) in paragraph (4) (as so redesignated), by striking ``contains actual'' and inserting the following: ``contains, as applicable-- ``(A) actual and significant declining habitat for species of economic significance; or ``(B) actual''; and (G) in paragraph (5) (as so redesignated), by striking ``maximize water quality and habitat benefits in the watersheds described in paragraph (1)'' and inserting ``maximize, as applicable, significant declining habitat for species of economic significance or water quality and habitat benefits in the areas designated under subparagraph (A) or (B), respectively, of paragraph (2)''; and (2) in subsection (i)-- (A) by inserting ``and economic purposes'' after ``conservation purposes''; and (B) by striking ``habitat.'' and inserting ``habitat, including wildlife habitat for species of economic significance (as defined in subsection (f)(1)).''. (c) Cost-Share for Fencing and Water Distribution.--Section 1233(a)(1) of the Food Security Act of 1985 (16 U.S.C. 3833(a)(1)) is amended by striking ``interest;'' and inserting ``interest, including the cost of fencing and water distribution practices, if applicable;''. (d) Harvesting and Grazing.--Section 1233 of the Food Security Act of 1985 (16 U.S.C. 3833) is amended-- (1) in subsection (b)-- (A) by striking paragraph (1); (B) by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (1), (2), (5), and (6), respectively; (C) in paragraph (1) (as so redesignated)-- (i) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately; (ii) in the matter preceding clause (i) (as so designated), by striking ``in permitting those activities'' and inserting the following: ``in permitting-- ``(A) those activities''; (iii) in subparagraph (A)(ii) (as so designated), by adding ``and'' at the end; and (iv) by adding at the end the following: ``(B) those activities and the activities described in paragraph (3), not more than \1/3\ of the acres covered by the contract may be harvested during any year;''; (D) in subparagraph (B) of paragraph (2) (as so redesignated), in the matter preceding clause (i), by striking ``grazing,'' the first place it appears and inserting ``grazing outside the normal grazing period described in paragraph (4),''; (E) by inserting after paragraph (2) (as so redesignated) the following: ``(3) mechanical harvesting of vegetative cover, without any restriction on the use of the vegetative cover harvested (except harvesting the vegetative cover for seed), subject to the conditions that-- ``(A) the harvesting may not occur more frequently than once every 3 years; and ``(B) the annual rental rate for the acres harvested during a year shall be reduced by 25 percent; ``(4) grazing during the applicable normal grazing period determined under subclause (I) of section 1501(c)(3)(D)(i) of the Agricultural Act of 2014 (7 U.S.C. 9081(c)(3)(D)(i)), without any restriction on grazing during the primary nesting period, subject to the conditions that-- ``(A) the grazing shall be at 25 percent of the normal carrying capacity determined under that subclause; and ``(B) the annual rental rate for the acres harvested during a year shall be reduced by 25 percent;''; and (F) in subparagraph (C) of paragraph (6) (as so redesignated), by striking ``(3)'' and inserting ``(2)''; and (2) by adding at the end the following: ``(e) Harvesting and Grazing.-- ``(1) In general.--Except as provided in paragraph (2), the Secretary shall permit harvesting and grazing in accordance with paragraphs (1) through (4) and (6) of subsection (b) on any land subject to a contract under the conservation reserve program. ``(2) Exception.--The Secretary, in coordination with the applicable State Technical Committee established under section 1265(a), may determine for any year that harvesting or grazing described in paragraph (1) shall not be permitted on land subject to a contract under the conservation reserve program in a particular county if harvesting or grazing for that year would cause long-term damage to vegetative cover on that land.''. SEC. 3. RIGHT-OF-WAY. Section 504(g) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1764(g)) is amended-- (1) by striking ``(g) The holder'' and inserting the following: ``(g) Right-of-Way.-- ``(1) In general.--The holder''; (2) in paragraph (1) (as so designated), in the second sentence, by striking ``The Secretary'' and inserting the following: ``(2) Payment.--The Secretary''; (3) in paragraph (2) (as so designated), in the second sentence, by striking ``The Secretary'' and inserting the following: ``(3) Waiver of rentals.--The Secretary''; (4) in paragraph (3) (as so designated), in the second sentence, by striking ``The Secretary'' and inserting the following: ``(4) Reimbursement of costs.-- ``(A) In general.--Except as provided in subparagraph (B), the Secretary''; (5) in paragraph (4) (as so designated)-- (A) in subparagraph (A) (as so designated), in the first sentence-- (i) by striking ``incurred in processing'' and inserting the following: ``incurred-- ``(i) in processing''; (ii) in clause (i) (as so designated), by striking ``right-of-way and in inspection'' and inserting the following: ``right-of-way; and ``(ii) in inspection''; and (iii) in clause (ii) (as so designated), by striking ``right-of-way: Provided, however, That the Secretary'' and inserting the following: ``right-of-way. ``(B) Exception.--In carrying out subparagraph (A), the Secretary''; and (B) in subparagraph (B) (as so designated), in the second sentence, by striking ``Rights-of-way may be granted'' and inserting the following: ``(C) Use of reimbursed money.--The moneys received for reimbursement of reasonable costs under subparagraph (A) shall be deposited with the Treasury in a special account and are authorized to be appropriated and made available until expended. ``(5) Holders of rights-of-way.--Rights-of-way may be granted''; (6) in paragraph (5) (as so designated)-- (A) in the first sentence, by striking ``to a Federal'' and inserting the following: ``to-- ``(A) a Federal''; (B) in subparagraph (A) (as so designated), by striking ``thereof, to nonprofit'' and inserting the following: ``thereof; ``(B) nonprofit''; (C) in subparagraph (B) (as so designated), by striking ``enterprises, or to a holder where he'' and inserting the following: ``enterprises; ``(C) a holder where the holder''; (D) in subparagraph (C) (as so designated), by striking ``concerned, or to a holder'' and inserting the following: ``concerned; and ``(D) a holder''; and (E) in subparagraph (D) (as so designated), by striking ``Such rights-of-way'' and inserting the following: ``(6) Assignment of rights-of-way.--Rights-of-way''; (7) in paragraph (6), by striking ``The moneys received'' in the second sentence and all that follows through ``Rights- of-way shall be granted'' in the third sentence and inserting the following: ``(7) Rental fees.-- ``(A) Electric and telephone facilities.--Rights- of-way shall be granted''; and (8) in paragraph (7) (as so designated)-- (A) in subparagraph (A) (as so designated), by striking ``facilities: Provided, That nothing in this sentence'' and inserting the following: ``facilities. ``(B) Rural water pipelines.--Rights-of-way shall be granted, issued, or renewed, without rental fees-- ``(i) to a rural water district or association; and ``(ii) for-- ``(I) a rural water pipeline that crosses National Forest System land; and ``(II) any appurtenance to a pipeline described in subclause (I). ``(C) Authority to require reimbursement.--Nothing in this paragraph''; and (B) in subparagraph (C) (as so designated), by striking ``the second sentence of this subsection'' and inserting ``paragraph (4)''.

Conservation Reserve Program Improvement and Rural Water Systems Access Act of 2018 This bill amends the Food Security Act of 1985 to reauthorize through FY2023 and modify the Department of Agriculture (USDA) Conservation Reserve Program (CRP). (CRP provides payments to farmers who agree to remove environmentally sensitive land from agricultural production and plant species that will improve environmental health and quality.) The bill authorizes USDA to designate areas of special economic sensitivity as economic priority areas for CRP allocations. These areas include areas with actual and significant declining habitat for specifies of economic significance. A "species of economic significance" is a wildlife specifies: (1) for which CRP is critical to maintaining its habitat, and (2) that the governor of a state verifies provides more than $150 million each year to the economy of the state from hunting and related activities. Additionally, the bill: (1) authorizes cost-share assistance for fencing and water distribution practices, and (2) modifies policies regarding grazing and the mechanical harvesting of vegetative cover on CRP land. The bill also amends the Federal Land Policy and Management Act of 1976 to prohibit the Forest Service from charging rural water districts or associations rental fees for rights-of-way for rural water pipelines that cross National Forest System land.

Conservation Reserve Program Improvement and Rural Water Systems Access Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Save My Home Act of 1999''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) there exists a need for decent, safe, and affordable housing throughout the United States for low-income families; (2) affordable housing is critical to the physical and emotional well-being of low-income families, especially vulnerable populations such as the elderly and persons with disabilities; (3) an unprecedented number of contracts for section 8 contracts are expiring over the next few years, including contracts covering 2,384,000 units in fiscal year 2000 alone; (4) a substantial number of housing units receiving project-based assistance have rents that are lower than the rents of comparable, unassisted rental units in the same housing rental market; (5) many of the residents in federally assisted housing are elderly or persons with disabilities; (6) the elderly are especially vulnerable to displacement trauma, which can lead to emotional problems and death; (7) due to the down sizing of the Department of Housing and Urban Development and diminished administrative capacity, the Department lacks the ability to effectively appraise the market value of properties; (8) during 1998 alone, some 219 properties with over 25,000 units opted out of renewing their section 8 contracts, resulting in the loss of this housing as affordable, low-income housing; (9) currently some 3,000 section 8 project-based units are being lost each month as affordable housing because owners of section 8 project-based housing choosing to prepay or opt-out upon the expiration of their section 8 contracts; (10) a significant number of these section 8 project-based housing projects for which owners have elected to opt-out and not renew their section 8 contracts are located in areas where the availability of affordable housing is scarce; (11) in many of the cases where residents have been provided vouchers because the owners of section 8 project-based housing elected not to renew their section 8 contracts, the residents have not been able to adequately use their vouchers to obtain housing because of the lack of available, affordable housing; (12) it is expected that-- (A) if no changes in the terms and conditions of the section 8 contracts for project-based assistance are made before the contracts expire, more private owners will elect to not renew their contracts; and (B) of those properties with respect to which the owners do not renew their section 8 contracts, many of the properties will no longer be affordable to its current assisted residents due to significant rent increases and, since many of the residents have little or no means to pay the additional rent for these units from personal income, these residents will be effectively forced to move from their homes; (13) the Department of Housing and Urban Development has had the authority to renew expiring section 8 project-based contracts up to comparable market rent levels since October 27, 1997, and has failed to implement any policy for renewing these contracts, resulting in the unnecessary loss of many of these housing units as affordable, low-income housing and the displacement of many vulnerable low-income families, including the elderly and persons with disabilities; (14) the Department of Housing and Urban Development has adequate funds in the Housing Certificate account to renew all expiring section 8 project-based contracts at market rental rates but has failed to make these funds available to preserve this housing as affordable, low-income housing; and (15) the Department of Housing and Urban Development should use all appropriate means to preserve housing assisted with section 8 project-based contracts as affordable, low-income housing. (b) Purpose.--The purpose of this Act is to protect vulnerable residents of affordable housing, especially the elderly, persons with disabilities, and those with large families-- (1) to the extent feasible and appropriate, by ensuring that the Department of Housing and Urban Development renew expiring section 8 project-based contracts, and allowing low- income families to live in their homes without fear of unreasonable displacement; (2) by ensuring that the Department of Housing and Urban Development has done everything in its power to ensure that housing with expiring section 8 project-based contracts are renewed, especially those in rural areas and in other areas with low vacancy rates; and (3) after the Department of Housing and Urban Development has exhausted all means to ensure that housing with expiring section 8 contracts are renewed, by providing flexible rental assistance, including enhanced vouchers, to ensure that vulnerable populations are not forced to move from their homes when rent levels rise to unaffordable levels due to the opt-out of owners who elect to not renew their expiring section 8 project-based contracts. SEC. 3. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Assisted dwelling unit.--The term ``assisted dwelling unit'' means a dwelling unit that-- (A) is in a covered project; and (B) is covered by rental assistance provided under the contract for project-based assistance for the covered project. (2) Covered project.--The term ``covered project'' means any housing that-- (A) consists of more than 4 dwelling units; (B) is covered in whole or in part by a contract for project-based assistance under-- (i) the new construction or substantial rehabilitation program under section 8(b)(2) of the United States Housing Act of 1937 (42 U.S.C. 1437f(b)) (as in effect before October 1, 1983); (ii) the property disposition program under section 8(b) of the United States Housing Act of 1937 (42 U.S.C. 1437f(b)); (iii) the moderate rehabilitation program under section 8(e)(2) of the United States Housing Act of 1937 (42 U.S.C. 1437f(e)(2)) (as in effect before October 1, 1991); (iv) the loan management assistance program under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f); (v) section 23 of the United States Housing Act of 1937 (42 U.S.C. 1437u) (as in effect before January 1, 1975); (vi) the rent supplement program under section 101 of the Housing and Urban Development Act of 1965; or (vii) section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f), following conversion from assistance under section 101 of the Housing and Urban Development Act of 1965, which contract will (under its own terms) expire during the period consisting of fiscal years 2000 through 2004; and (C) is not housing for which residents are eligible for enhanced voucher assistance as provided under the ``Preserving Existing Housing Investment'' account in the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 (Public Law 104-204; 110 Stat. 2884), pursuant to such provision or any other subsequently enacted provision of law. (3) Covered resident.--The term ``covered resident'' means a family who-- (A) is a low-income family as provided under section 3(b)(2) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(2)); and (B) upon the date of the expiration of the contract for project-based assistance for a covered project, is residing in an assisted dwelling unit in the covered project. (4) Low-vacancy area.--The term ``low-vacancy area'' means an area that, in the determination of the Secretary, is not adequate available and affordable housing or that the tenants of the covered project would not be able to locate suitable units or that the tenants of the covered project would not be able to use tenant-based assistance successfully. (5) Project-based assistance.--The term ``project-based assistance'' has the same meaning as in section 8(f) of the United States Housing Act of 1937 (42 U.S.C. 1437f(f)). (6) Tenant-based assistance.--The term ``tenant-based assistance'' has the same meaning as in section 8(f) of the United States Housing Act of 1937 (42 U.S.C. 1437f(f)). (7) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. SEC. 4. RENEWAL OF SECTION 8 PROJECT-BASED CONTRACTS. (a) In General.--Notwithstanding any other provision of law and except as provided in subsection (b) of this section, the Secretary may use amounts available for the renewal of assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f), upon the termination or expiration of a contract for assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) (other than a contract for tenant-based assistance and, notwithstanding section 8(v) of such Act, for loan management assistance), to provide assistance under section 8 of such Act for a covered project under this Act at rent levels that do not exceed comparable market rents for the market area. (b) Mandatory Renewals.--The Secretary shall offer to renew, at up to rent levels that do not exceed comparable market rents for the market area, any contract for assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) (other than a contract for tenant-based assistance and, notwithstanding section 8(v) of such Act, for loan management assistance) that has expired for any covered project-- (1) in a low-vacancy area; or (2) where a predominant number of units are occupied by elderly families, disabled families, or elderly and disabled families. (c) Establishment of Market Rents.--The Secretary shall establish, for units assisted with project-based assistance in a covered project, adjusted rent levels that are equivalent to rents based on appraisals that are derived from comparable properties, if the market rent determination is based on not less than 2 comparable properties, including, if there are no comparable properties in the same market area, 2 properties that have been certified by the Secretary as similar to the covered properties as to neighborhood (including risk of crime), type of location, access, street appeal, age, property size, apartment mix, physical configuration, property and unit amenities, utilities, and other relevant characteristics, provided that the comparable projects are not receiving project-based assistance. (d) Subsidy Layering Requirements.--For purposes of this Act, in determining the market rent for renewing any contract for assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) (other than a contract for tenant-based assistance and, notwithstanding section 8(v) of such Act, for loan management assistance), the Secretary shall ensure that any assistance provided within the jurisdiction of the Housing and Urban Development shall not be greater than is necessary to provide affordable housing. (e) 10-Year Contracts.--Notwithstanding any other provision of law, the Secretary and owner of any covered project may agree to up to a 10- year renewal of a contract for assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) (other than a contract for tenant-based assistance and, notwithstanding section 8(v) of such Act, for loan management assistance) under which payments shall be subject to the annual availability of appropriations. SEC. 5. ENHANCED VOUCHERS FOR RESIDENTS OF PROJECTS WITH EXPIRING SECTION 8 CONTRACTS. (a) In General.--Upon the date of expiration of a contract for assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) (other than a contract for tenant-based assistance and, notwithstanding section 8(v) of such Act, for loan management assistance) for a covered project that is not renewed under section 4, the Secretary-- (1) shall make enhanced voucher assistance under this section available on behalf of each covered resident of a covered project that is located in a low-vacancy area; and (2) may make enhanced voucher assistance available on behalf of any other low-income family who, upon the date of such expiration, is residing in an assisted dwelling unit in a covered project. (b) Enhanced Assistance.--Enhanced voucher assistance under this section for a family shall be voucher assistance under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) (42 U.S.C. 1437f(o)), except that under such enhanced voucher assistance-- (1) if the assisted family elects to remain in the covered project in which the family was residing on the date of the expiration of such contract and the rent for such unit exceeds the applicable payment standard established pursuant to section 8(o) for the unit, the amount of the rental assistance provided on behalf of family shall be determined using the payment standard that is equal to the rent for the dwelling unit, subject to paragraph (10)(A) of such section 8(o); and (2) if the assisted family elects to move from such covered project, subparagraph (A) of this paragraph shall not apply and the payment standard for the dwelling unit occupied by the family shall be determined in accordance with section 8(o). (c) Authorization of Appropriations.--There is authorized to be appropriated for each of fiscal years 2000, 2001, 2002, 2003, and 2004 such sums as may be necessary to carry out this section. SEC. 6. APPRAISALS. (a) Use of Appraisals.--The appraisals used to establish market rents under section 4(c) shall-- (1) meet the standards and procedures of the Uniform Standards of Professional Appraisal Practice as published by the Appraisal Standards Board of the Appraisal Standards Foundation, as modified by the Secretary of Housing and Urban Development; and (2) be performed by individuals who have demonstrated competence and whose professional conduct is subject to effective supervision. (b) Appraisal Clearinghouse.--In conjunction with the Appraisal Standards Foundation, the Secretary shall establish an Appraisal Clearinghouse, which shall be used to collect appraisal data and to develop model appraisal standards for use to establish the market value of multifamily housing, including covered projects, throughout the United States, including rural areas with multifamily housing that have no comparable housing in the same area. SEC. 7. STAFFING REQUIREMENTS. The Secretary shall assign not less than 1 staff person to each Department of Housing and Urban Development Field Office that shall be responsible for evaluating the appraisals for the covered projects within the State. Each staff person shall have demonstrated competence to make appraisals and shall meet all licensing and certification requirements, as provided under applicable Federal or State law. SEC. 8. HOUSING FINANCE AGENCIES. The Secretary may contract with State or local housing finance agencies that have been selected as a Participating Administrative Entity under the Multifamily Assisted Housing Reform and Affordability Act of 1997 for determining the market rental rates of a covered project. SEC. 9. TECHNICAL ASSISTANCE. Section 514(f)(3) of the Multifamily Assisted Housing Reform and Affordability Act of 1997 is amended by inserting after ``the capacity of tenant organizations'', the following: ``for technical assistance for preserving properties whose owners may not renew their section 8 project-based contracts where the rental assistance is below market (including transfer of developments to tenant groups, nonprofit organizations, and public entities)''. SEC. 10. TRANSFER OF COVERED PROJECTS TO NONPROFIT ORGANIZATIONS. For covered projects with contracts for assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) (other than a contract for tenant-based assistance and, notwithstanding section 8(v) of such Act, for loan management assistance) that are not renewed under section 4, the Secretary shall establish procedures to facilitate the voluntary sale or transfer of those covered projects, with a preference for tenant organizations, for tenant-endorsed, community- based nonprofit organizations, and for public agency purchasers meeting such reasonable qualifications as may be established by the Secretary. SEC. 11. REPORTS TO CONGRESS. Not later than 1 year after the date of enactment of this Act and semiannually thereafter, the Secretary shall report, by State, to Congress on the number of section 8 assisted units that have renewed, the number of section 8 assisted units that have not been renewed, and the costs associated with these activities. SEC. 12. REGULATIONS. Not later than 6 months after the date of enactment of this Act, the Secretary shall issue regulations to carry out this Act.

Save My Home Act of 1999 - Authorizes the Secretary of Housing and Urban Development to renew project-based rental housing contracts under section 8 of the United States Housing Act of 1937 at up to market levels. Directs the Secretary to: (1) offer to renew expired section 8 contracts at up to market levels in low-vacancy areas or areas with concentrations of elderly or disabled families; and (2) establish certain market rents. Authorizes ten-year section 8 contract renewals. (Sec. 5) Directs the Secretary to make enhanced voucher assistance (as defined by this Act) available for residents of projects with certain expiring section 8 contracts in low-vacancy areas, and authorizes such assistance for other covered low-income residents. Authorizes appropriations. (Sec. 6) Sets forth market value rent appraisal requirements. Directs the Secretary to establish an Appraisal Clearinghouse to collect data and develop model appraisal standards. (Sec. 7) Establishes appraisal-related staffing requirements. (Sec. 8) Authorizes the Secretary to contract with State or local housing finance agencies to perform market rental rate determinations. (Sec. 10) Authorizes the Secretary to transfer specified nonrenewed section 8 projects to nonprofit organizations (with preference for tenant organizations).

Save My Home Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Concrete Pump Tax Fairness Act of 2014''. SEC. 2. MILEAGE-BASED USER FEE FOR MOBILE MOUNTED CONCRETE BOOM PUMPS. (a) In General.--Chapter 36 of the Internal Revenue Code of 1986 (relating to certain other excise taxes) is amended by inserting after subchapter D the following new subchapter: ``Subchapter E--Mileage-Based User Fee for Mobile Mounted Concrete Boom Pumps ``Sec. 4491. Imposition of fee. ``Sec. 4492. Mobile mounted concrete boom pump vehicle defined. ``Sec. 4493. Method of collecting fee. ``SEC. 4491. IMPOSITION OF FEE. ``(a) Imposition of Fee.--There is hereby imposed on each mobile mounted concrete boom pump vehicle a fee determined at the applicable rate per mile for each mile traveled in the United States. ``(b) Applicable Rate.--For purposes of subsection (a), the applicable rate shall be-- ``(1) $0.05 per mile for a mobile mounted concrete boom pump vehicle with a gross vehicle weight which does not exceed 60,000 pounds, and ``(2) $0.07 per mile for a mobile mounted concrete boom pump vehicle with a gross vehicle weight which exceeds 60,000 pounds. ``(c) By Whom Paid.--The fee imposed by subsection (a) shall be paid by the owner of the mobile mounted concrete boom pump vehicle. ``(d) Credit Against Tax.--At the election of the taxpayer, there shall be allowed as a credit against the fee imposed by subsection (a) for any taxable period the amount of tax imposed with respect to such vehicle under sections 4053, 4081, and 4481 for such period. The credit allowed under the preceding sentence with respect to a quantity of liquid shall be in lieu of a payment under section 6427 with respect to such quantity. ``(e) Special Rules for Determining Mileage.--In determining mileage for purposes of this section, the Secretary shall work in close coordination with the Secretary of Transportation to develop a system for administration and compliance with this section. Such system shall-- ``(1) work in tandem with existing technology installed on the affected vehicles, ``(2) minimize the administrative burdens on pump owners and operators, ``(3) minimize the administrative burden on the Department of Transportation, ``(4) integrate with State and local transportation revenue mechanisms (including demand management systems), ``(5) protect the privacy of participating companies and employees, and ``(6) allow third-party administrators to manage data collection and refund payments to operators. There is authorized to be appropriated not more than $5,000,000 for costs associated with developing and implementing such system, including for making grants to private companies where appropriate to develop and deploy on-board technologies to track and report road miles traveled. ``SEC. 4492. MOBILE MOUNTED CONCRETE BOOM PUMP VEHICLE DEFINED. ``For purposes of this subchapter, the term `mobile mounted concrete boom pump vehicle' means a vehicle-- ``(1) which is mobile machinery (as defined in section 4053(8)), and ``(2) on which the mounted machinery consists of a concrete boom pump and related subordinate parts. ``SEC. 4493. METHOD OF COLLECTING FEE. ``(a) Collection by Return.--The fees imposed by section 4491 shall be collected on the basis of a return for a calendar quarter. The Secretary shall, by regulation, prescribe the time for filing such return, the information to be shown in such return, and the time for payment of such fee. ``(b) Payment Due Date.--Except as otherwise provided in this subsection, the last day for payment of such fee shall be the 14th day after the last day of the calendar quarter for which the return is filed under subsection (a). ``(c) Application of Rules Related to Procedure and Administration.--For purposes of subtitle F, the fee imposed under this subchapter shall be treated in the same manner as an excise tax. ``(d) Calendar Quarter.--For purposes of this section, the term `calendar quarter' means the three-month period ending on March 31, June 30, September 30, or December 31.''. (b) Highway Mileage Limitation Not Applicable.--Subparagraph (C) of section 6421(e)(2) of such Code is amended by adding at the end the following new clause: ``(v) Exception to use requirement for mobile mounted concrete boom pump vehicle.--In the case of a mobile mounted concrete boom pump vehicle (as defined in section 4492), clause (ii) shall be applied without regard to subclause (II) (relating to the use-based test).''. (c) Nontaxable Use.--Subsection (b) of section 4082 of such Code (defining nontaxable use) is amended by inserting ``(other than a use by a vehicle described in clause (v) thereof)'' after ``section 6421(e)(2)(C)''. (d) Deposit Into Highway Trust Fund.--Paragraph (1) of section 9503(b) of such Code (relating to transfer to Highway Trust Fund of amounts equivalent to certain taxes and penalties) is amended by striking ``and'' at the end of subparagraph (D), by striking the period at the end of subparagraph (E) and inserting ``, and'', and by inserting after paragraph (E) the following new subparagraph: ``(F) section 4491 (relating to vehicle mileage tax).''. (e) Clerical Amendment.--The table of subchapters for chapter 36 of such Code is amended by inserting after the item relating to subchapter D the following new item: ``subchapter e. mileage-based user fee for mobile mounted concrete boom pumps''. (f) Effective Date.--The amendments made by this section shall take effect on January 1, 2016.

Concrete Pump Tax Fairness Act of 2014 - Amends the Internal Revenue Code to impose a vehicle mileage tax on owners of mobile mounted concrete boom pump vehicles. Defines "mobile mounted concrete boom pump vehicle" as a vehicle which is mobile machinery and on which the mounted machinery consists of a concrete boom pump and related subordinate parts. Directs that revenues from such tax be deposited into the Highway Trust Fund.

Concrete Pump Tax Fairness Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``The Residential Energy and Economic Savings Act'' or the ``TREES Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) the utility sector is the largest single source of greenhouse gas emissions in the United States today, producing approximately one-third of the country's emissions; (2) heating and cooling homes accounts for nearly 60 percent of residential electricity usage in the United States; (3) shade trees planted in strategic locations can reduce residential cooling costs by as much as 30 percent; (4) strategically planted shade trees can provide significant carbon benefits both directly (sequestration by the growing tree) and indirectly (reductions in carbon emissions from electricity conservation); (5) trees can reduce the rate and magnitude of stormwater runoff and improve surface water quality; (6) trees reduce topsoil erosion, prevent harmful land pollutants contained in soil from getting into our waterways, slow down water run-off, and ensure that our groundwater supplies are continually being replenished; and (7) trees strategically placed on or near residential property can increase a home's property value. SEC. 3. DEFINITIONS. As used in this Act: (1) The term ``nonprofit tree-planting organization'' means any organization described in section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)), that is exempt from taxation under section 501(a) of such Code (26 U.S.C. 501(a)), which exists, in whole or in part, to-- (A) expand urban and residential tree cover; (B) distribute young trees for planting; (C) increase awareness of the environmental and energy-related benefits of trees; (D) educate the public about proper tree planting, care, and maintenance strategies; or (E) carry out any combination of the foregoing activities. (2) The term ``retail power provider'' means any entity authorized under applicable State or Federal law to generate, distribute, or provide retail electricity, natural gas, or fuel oil service. (3) The term ``Secretary'' means the Secretary of Energy. (4) The term ``State'' means each of the several States, the District of Columbia, and each commonwealth, territory, or possession of the United States. (5) The term ``tree-siting guidelines'' means a comprehensive list of science-based measurements outlining the species and minimum distance required between trees planted pursuant to this Act, in addition to the minimum required distance to be maintained between such trees and-- (A) building foundations; (B) air conditioning units; (C) driveways and walkways; (D) property fences; (E) preexisting utility infrastructure; (F) septic systems; (G) swimming pools; and (H) other infrastructure as determined appropriate. SEC. 4. PURPOSE. The purpose of this Act is to assist retail power providers with the establishment and operation of targeted residential tree-planting programs, for the following purposes: (1) Reducing the peak-load demand for electricity in residential areas during the summer months through direct shading of residential buildings provided by strategically planted trees. (2) Reducing wintertime demand for energy in residential areas by blocking cold winds from reaching homes, which lowers interior temperatures and drives heating demand. (3) Protecting air quality and public health by removing harmful pollution from the air. (4) Utilizing the natural photosynthetic and transpiration process of trees to lower ambient temperatures and absorb carbon dioxide, thus mitigating the effects of climate change. (5) Lowering electric bills for residential ratepayers by limiting electricity consumption without reducing benefits. (6) Relieving financial and demand pressure on retail power providers that stems from large peak-load energy demand. (7) Protecting water quality and public health by reducing stormwater runoff and keeping harmful pollutants from entering waterways. (8) Promoting community education, involvement, and stewardship of much-needed tree canopy coverage in residential communities. SEC. 5. GENERAL AUTHORITY. (a) Authority.--The Secretary may establish a grant program to provide financial, technical, and related assistance to retail power providers to support the establishment of new, or continued operation of existing, targeted residential tree-planting programs. (b) Public Recognition Initiative.--In addition to the authority provided under subsection (a), the Secretary may also create a national public recognition initiative to encourage participation in tree- planting programs by retail power providers. (c) Cooperation.--In carrying out the grant program established pursuant to subsection (a), the Secretary may cooperate with, and provide financial, technical, and related assistance for such cooperation to, State foresters or equivalent State officials. (d) Requirements for Qualified Tree-Planting Programs.--In order to qualify for assistance under this Act, a retail power provider shall, in accordance with this Act, establish and operate, or continue operating, a tree-planting program that meets each of the following requirements: (1) The program shall provide free or discounted shade- providing or wind-reducing trees to residential consumers interested in lowering their home energy costs. (2) The program shall optimize the electricity-consumption reduction benefit of each tree by planting in strategic locations around a given residence. (3) The program shall either-- (A) provide maximum amounts of shade during summer intervals when residences are exposed to the most sun intensity; or (B) provide maximum amounts of wind protection during fall and winter intervals when residences are exposed to the most wind intensity. (4) The program shall use the best available science to create and utilize tree-siting guidelines which dictate where the optimum tree species are best planted in locations that ensure adequate root development and that achieve maximum reductions in consumer energy demand while causing the least disruption to public infrastructure, considering overhead and underground facilities. (5) The program shall provide tree recipients with tree planting and tree care instruction and education prior to or in conjunction with delivery of free or discounted trees. (6) The program shall receive certification from the Secretary that it is designed to achieve the goals set forth in paragraphs (1) through (5). In designating criteria for such certification, the Secretary shall collaborate with the Forest Service's Urban and Community Forestry Program to ensure that certification requirements are consistent with such goals. (e) New Program Funding Share.--The Secretary shall ensure that no less than 30 percent of the funds made available under this Act are distributed to retail power providers which-- (1) have not previously established or operated qualified tree-planting programs; or (2) are operating qualified tree-planting programs which were established no more than three years prior to the date of enactment of this Act. SEC. 6. AGREEMENTS BETWEEN RETAIL POWER PROVIDERS AND NONPROFIT TREE- PLANTING ORGANIZATIONS. (a) Grant Authorization.--In providing assistance under this Act, the Secretary is authorized to award grants only to retail power providers that have entered into binding legal agreements with nonprofit tree-planting organizations. (b) Conditions of Agreement.--An agreement between a retail power provider and a nonprofit tree-planting organization under subsection (a) shall set forth conditions under which such nonprofit tree-planting organization shall carry out a targeted residential tree-planting program. Such conditions-- (1) shall require the organization to participate in a local technical advisory committee in accordance with section 7; and (2) may require the organization to-- (A) coordinate volunteer recruitment to assist with the physical act of planting trees in residential locations; (B) undertake public awareness campaigns to educate local residents about the benefits, cost savings, and availability of free shade trees; (C) establish education and information campaigns to encourage recipients to maintain their shade trees over the long term; (D) serve as the point of contact for existing and potential residential participants who have questions or concerns regarding the tree-planting program; (E) require tree recipients to sign agreements committing to voluntary stewardship and care of provided trees; (F) monitor and report on the survival, growth, overall health, and estimated energy savings of provided trees up until the end of their establishment period which shall be no less than five years; and (G) ensure that trees planted near existing power lines will not interfere with energized electricity distribution lines when mature, and that no new trees will be planted under or adjacent to high-voltage electric transmission lines without prior consultation with the applicable retail power provider receiving assistance under this Act. (c) Lack of Nonprofit Tree-Planting Organization.-- (1) In general.--If a qualified nonprofit tree-planting organization does not exist or operate within areas served by retail power providers applying for assistance under this Act, the requirements of this section shall apply to binding legal agreements entered into by such retail power providers and one of the following entities: (A) Local municipal governments with jurisdiction over the urban or suburban forest. (B) Conservation districts. (2) Cooperative agreements.--With respect to an area described in paragraph (1), a local municipal government or conservation district that enters into a binding legal agreement with a retail power provider pursuant to such paragraph may, to fulfill the conditions of such binding legal agreement, enter into a cooperative agreement with a not-for- profit organization in such area that exists in whole, or in part, to meet the goals and objectives described in subparagraphs (A) through (E) of section 3(1). SEC. 7. TECHNICAL ADVISORY COMMITTEES. (a) Description.--In order to qualify for assistance under this Act, a retail power provider shall consult with the nonprofit tree- planting organization with which it has entered into a binding legal agreement under section 6 and State foresters or equivalent State officials to establish a local technical advisory committee which shall provide advice and consultation to the applicable tree-planting program. The advisory committee may-- (1) design and adopt an approved plant list that emphasizes the use of hardy, noninvasive tree species and, where geographically appropriate, the use of native or low water-use shade trees or both; (2) design and adopt planting, installation, and maintenance specifications and create a process for inspection and quality control; (3) ensure that tree recipients are educated to care for and maintain their trees over the long term; (4) help the public become more engaged and educated in the planting and care of shade trees; (5) prioritize which sites receive trees, giving preference to locations with the most potential for energy conservation and secondary preference to areas where the average annual income is below the regional median; and (6) assist with monitoring and collection of data on tree health, tree survival, and energy conservation benefits generated under this Act. (b) Compensation.--Individuals serving on local technical advisory committees shall not receive compensation for their service. (c) Composition.--Local technical advisory committees shall be composed of representatives from public, private, and nongovernmental organizations with expertise in demand-side energy efficiency management, urban forestry, or arboriculture, and shall be composed of the following: (1) Up to 4 persons, but no less than one person, representing the retail power provider receiving assistance under this Act. (2) Up to 4 persons, but no less than one person, representing the nonprofit tree-planting organization which will partner with the retail power provider to carry out this Act. (3) Up to 3 persons representing local nonprofit conservation or environmental organizations. Preference shall be given to those organizations which are organized under section 501(c)(3) of the Internal Revenue Code of 1986, and which have demonstrated expertise engaging the public in energy conservation, energy efficiency, or green building practices or a combination thereof, such that no single organization is represented by more than one individual under this subsection. (4) Up to 2 persons representing a local affordable housing agency, affordable housing builder, or community development corporation. (5) Up to 3, but no less than one, persons representing local city or county government for each municipality where a shade tree-planting program will take place and at least one of these representatives shall be the city or county forester, city or county arborist, conservation district forester or functional equivalent. (6) Up to one person representing the local government agency responsible for management of roads, sewers, and infrastructure, including public works departments, transportation agencies, or equivalents. (7) Up to 2 persons representing the nursery and landscaping industry. (8) Up to 2 persons, but no less than one person, representing State foresters or equivalent State officials. (9) Up to 3 persons representing the research community or academia with expertise in natural resources or energy management issues. (d) Chairperson.-- (1) In general.--Each local technical advisory committee shall elect a chairperson to preside over Committee meetings, act as a liaison to governmental and other outside entities, and direct the general operation of the committee. (2) Eligibility.--Only committee representatives under subsection (c)(1) or subsection (c)(2) shall be eligible to act as a local technical advisory committee chairperson. (e) Credentials.--At least one of the members of each local technical advisory committee shall be certified with one or more of the following credentials: International Society of Arboriculture; Certified Arborist, ISA; Society of American Foresters Certified Forester; Certified Arborist Municipal Specialist, ISA; Certified Arborist Utility Specialist, ISA; Board Certified Master Arborist; or Landscape Architect recommended by the American Society of Landscape Architects. SEC. 8. COST-SHARE PROGRAM. (a) Federal Share.--The Federal share of support for any tree- planting program funded under this Act shall not exceed 50 percent of the cost of such program and shall be provided on a matching basis. (b) Non-Federal Share.--The non-Federal share of such costs may be paid or contributed by any governmental or nongovernmental entity other than from funds derived directly or indirectly from an agency or instrumentality of the United States. SEC. 9. RULEMAKING. (a) Rulemaking Period.--The Secretary is authorized to solicit comments and initiate a rulemaking period that shall last no more than 6 months after the date of enactment of this Act. (b) Competitive Grant Rule.--At the conclusion of the rulemaking period under subsection (a), the Secretary shall promulgate a rule governing a public, competitive grants process through which retail power providers may apply for Federal assistance under this Act. SEC. 10. NONDUPLICITY. Nothing in this Act shall be construed to supersede, duplicate, cancel, or negate the programs or authorities provided under section 9 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2105). SEC. 11. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act.

The Residential Energy and Economic Savings Act or the TREES Act - Authorizes the Secretary of Energy (DOE) to: (1) establish a grant program to provide financial, technical, and related assistance to retail power providers to support the establishment of new, or continued operation of existing, targeted residential tree-planting programs; and (2) create a national public recognition initiative to encourage such providers to participate in such programs. Sets forth requirements that must be met for tree-planting programs to qualify for assistance, including a requirement to provide free or discounted shade-providing or wind-reducing trees to residential consumers interested in lowering their home energy costs. Authorizes the Secretary to award grants only to providers that have entered into binding legal agreements with nonprofit tree-planting organizations. Requires a provider, in order to qualify for assistance, to consult with such organization and state foresters to establish a local technical advisory committee, which shall provide advice and consultation to the program. Authorizes the advisory committee to: (1) design and adopt an approved plant list that emphasizes the use of hardy, noninvasive tree species, native or low water-use shade trees, or both; (2) design and adopt planting, installation, and maintenance specifications and create a process for inspection and quality control; (3) ensure that tree recipients are educated to care for and maintain their trees over the long term; (4) help the public become more engaged and educated in the planting and care of shade trees; (5) prioritize which sites receive trees, giving preference to locations with the most potential for energy conservation and secondary preference to areas where the average annual income is below the regional median; and (6) assist with monitoring and collection of data on tree health, tree survival, and energy conservation benefits generated under this Act.

TREES Act

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``United States- India Nuclear Cooperation Approval and Nonproliferation Enhancement 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. Definitions. TITLE I--APPROVAL OF UNITED STATES-INDIA AGREEMENT FOR COOPERATION ON PEACEFUL USES OF NUCLEAR ENERGY Sec. 101. Approval of Agreement. Sec. 102. Declarations of policy; certification requirement; rule of construction. Sec. 103. Additional Protocol between India and the IAEA. Sec. 104. Implementation of Safeguards Agreement between India and the IAEA. Sec. 105. Modified reporting to Congress. TITLE II--STRENGTHENING UNITED STATES NONPROLIFERATION LAW RELATING TO PEACEFUL NUCLEAR COOPERATION Sec. 201. Procedures regarding a subsequent arrangement on reprocessing. Sec. 202. Initiatives and negotiations relating to agreements for peaceful nuclear cooperation. Sec. 203. Actions required for resumption of peaceful nuclear cooperation. Sec. 204. United States Government policy at the Nuclear Suppliers Group to strengthen the international nuclear nonproliferation regime. Sec. 205. Conforming amendments. SEC. 2. DEFINITIONS. In this Act: (1) Agreement.--The term ``United States-India Agreement for Cooperation on Peaceful Uses of Nuclear Energy'' or ``Agreement'' means the Agreement for Cooperation Between the Government of the United States of America and the Government of India Concerning Peaceful Uses of Nuclear Energy that was transmitted to Congress by the President on September 10, 2008. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. TITLE I--APPROVAL OF UNITED STATES-INDIA AGREEMENT FOR COOPERATION ON PEACEFUL USES OF NUCLEAR ENERGY SEC. 101. APPROVAL OF AGREEMENT. (a) In General.--Notwithstanding the provisions for congressional consideration and approval of a proposed agreement for cooperation in section 123 b. and d. of the Atomic Energy Act of 1954 (42 U.S.C. 2153 (b) and (d)), Congress hereby approves the United States-India Agreement for Cooperation on Peaceful Uses of Nuclear Energy, subject to subsection (b). (b) Applicability of Atomic Energy Act of 1954, Hyde Act, and Other Provisions of Law.--The Agreement shall be subject to the provisions of the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), the Henry J. Hyde United States-India Peaceful Atomic Energy Cooperation Act of 2006 (22 U.S.C. 8001 et. seq; Public Law 109-401), and any other applicable United States law as if the Agreement had been approved pursuant to the provisions for congressional consideration and approval of a proposed agreement for cooperation in section 123 b. and d. of the Atomic Energy Act of 1954. (c) Sunset of Exemption Authority Under Hyde Act.--Section 104(f) of the Henry J. Hyde United States-India Peaceful Atomic Energy Cooperation Act of 2006 (22 U.S.C. 8003(f)) is amended by striking ``the enactment of'' and all that follows through ``agreement'' and inserting ``the date of the enactment of the United States-India Nuclear Cooperation Approval and Nonproliferation Enhancement Act''. SEC. 102. DECLARATIONS OF POLICY; CERTIFICATION REQUIREMENT; RULE OF CONSTRUCTION. (a) Declarations of Policy Relating to Meaning and Legal Effect of Agreement.--Congress declares that it is the understanding of the United States that the provisions of the United States-India Agreement for Cooperation on Peaceful Uses of Nuclear Energy have the meanings conveyed in the authoritative representations provided by the President and his representatives to the Congress and its committees prior to September 20, 2008, regarding the meaning and legal effect of the Agreement. (b) Declarations of Policy Relating to Transfer of Nuclear Equipment, Materials, and Technology to India.--Congress makes the following declarations of policy: (1) Pursuant to section 103(a)(6) of the Henry J. Hyde United States-India Peaceful Atomic Energy Cooperation Act of 2006 (22 U.S.C. 8002(a)(6)), in the event that nuclear transfers to India are suspended or terminated pursuant to title I of such Act (22 U.S.C. 8001 et seq.), the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), or any other United States law, it is the policy of the United States to seek to prevent the transfer to India of nuclear equipment, materials, or technology from other participating governments in the Nuclear Suppliers Group (NSG) or from any other source. (2) Pursuant to section 103(b)(10) of the Henry J. Hyde United States-India Peaceful Atomic Energy Cooperation Act of 2006 (22 U.S.C. 8002(b)(10)), any nuclear power reactor fuel reserve provided to the Government of India for use in safeguarded civilian nuclear facilities should be commensurate with reasonable reactor operating requirements. (c) Certification Requirement.--Before exchanging diplomatic notes pursuant to Article 16(1) of the Agreement, the President shall certify to Congress that entry into force and implementation of the Agreement pursuant to its terms is consistent with the obligation of the United States under the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968, and entered into force March 5, 1970 (commonly known as the ``Nuclear Non-Proliferation Treaty''), not in any way to assist, encourage, or induce India to manufacture or otherwise acquire nuclear weapons or other nuclear explosive devices. (d) Rule of Construction.--Nothing in the Agreement shall be construed to supersede the legal requirements of the Henry J. Hyde United States-India Peaceful Atomic Energy Cooperation Act of 2006 or the Atomic Energy Act of 1954. SEC. 103. ADDITIONAL PROTOCOL BETWEEN INDIA AND THE IAEA. Congress urges the Government of India to sign and adhere to an Additional Protocol with the International Atomic Energy Agency (IAEA), consistent with IAEA principles, practices, and policies, at the earliest possible date. SEC. 104. IMPLEMENTATION OF SAFEGUARDS AGREEMENT BETWEEN INDIA AND THE IAEA. Licenses may be issued by the Nuclear Regulatory Commission for transfers pursuant to the Agreement only after the President determines and certifies to Congress that-- (1) the Agreement Between the Government of India and the International Atomic Energy Agency for the Application of Safeguards to Civilian Nuclear Facilities, as approved by the Board of Governors of the International Atomic Energy Agency on August 1, 2008 (the ``Safeguards Agreement''), has entered into force; and (2) the Government of India has filed a declaration of facilities pursuant to paragraph 13 of the Safeguards Agreement that is not materially inconsistent with the facilities and schedule described in paragraph 14 of the separation plan presented in the national parliament of India on May 11, 2006, taking into account the later initiation of safeguards than was anticipated in the separation plan. SEC. 105. MODIFIED REPORTING TO CONGRESS. (a) Information on Nuclear Activities of India.--Subsection (g)(1) of section 104 of the Henry J. Hyde United States-India Peaceful Atomic Energy Cooperation Act of 2006 (22 U.S.C. 8003) is amended-- (1) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E), respectively; and (2) by inserting after subparagraph (A) the following new subparagraph: ``(B) any material inconsistencies between the content or timeliness of notifications by the Government of India pursuant to paragraph 14(a) of the Safeguards Agreement and the facilities and schedule described in paragraph (14) of the separation plan presented in the national parliament of India on May 11, 2006, taking into account the later initiation of safeguards than was anticipated in the separation plan;''. (b) Implementation and Compliance Report.--Subsection (g)(2) of such section is amended-- (1) in subparagraph (K)(iv), by striking ``and'' at the end; (2) in subparagraph (L), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(M) with respect to the United States-India Agreement for Cooperation on Peaceful Uses of Nuclear Energy (hereinafter in this subparagraph referred to as the `Agreement') approved under section 101(a) of the United States-India Nuclear Cooperation Approval and Nonproliferation Enhancement Act-- ``(i) a listing of-- ``(I) all provision of sensitive nuclear technology to India, and other such information as may be so designated by the United States or India under Article 1(Q); and ``(II) all facilities in India notified pursuant to Article 7(1) of the Agreement; ``(ii) a description of-- ``(I) any agreed safeguards or any other form of verification for by-product material decided by mutual agreement pursuant to the terms of Article 1(A) of the Agreement; ``(II) research and development undertaken in such areas as may be agreed between the United States and India as detailed in Article 2(2)(a.) of the Agreement; ``(III) the civil nuclear cooperation activities undertaken under Article 2(2)(d.) of the Agreement; ``(IV) any United States efforts to help India develop a strategic reserve of nuclear fuel as called for in Article 2(2)(e.) of the Agreement; ``(V) any United States efforts to fulfill political commitments made in Article 5(6) of the Agreement; ``(VI) any negotiations that have occurred or are ongoing under Article 6(iii.) of the Agreement; and ``(VII) any transfers beyond the territorial jurisdiction of India pursuant to Article 7(2) of the Agreement, including a listing of the receiving country of each such transfer; ``(iii) an analysis of-- ``(I) any instances in which the United States or India requested consultations arising from concerns over compliance with the provisions of Article 7(1) of the Agreement, and the results of such consultations; and ``(II) any matters not otherwise identified in this report that have become the subject of consultations pursuant to Article 13(2) of the Agreement, and a statement as to whether such matters were resolved by the end of the reporting period; and ``(iv) a statement as to whether-- ``(I) any consultations are expected to occur under Article 16(5) of the Agreement; and ``(II) any enrichment is being carried out pursuant to Article 6 of the Agreement.''. TITLE II--STRENGTHENING UNITED STATES NONPROLIFERATION LAW RELATING TO PEACEFUL NUCLEAR COOPERATION SEC. 201. PROCEDURES REGARDING A SUBSEQUENT ARRANGEMENT ON REPROCESSING. (a) In General.--Notwithstanding section 131 of the Atomic Energy Act of 1954 (42 U.S.C. 2160), no proposed subsequent arrangement concerning arrangements and procedures regarding reprocessing or other alteration in form or content, as provided for in Article 6 of the Agreement, shall take effect until the requirements specified in subsection (b) are met. (b) Requirements.--The requirements referred to in subsection (a) are the following: (1) The President transmits to the appropriate congressional committees a report containing-- (A) the reasons for entering into such proposed subsequent arrangement; (B) a detailed description, including the text, of such proposed subsequent arrangement; and (C) a certification that the United States will pursue efforts to ensure that any other nation that permits India to reprocess or otherwise alter in form or content nuclear material that the nation has transferred to India or nuclear material and by-product material used in or produced through the use of nuclear material, non-nuclear material, or equipment that it has transferred to India requires India to do so under similar arrangements and procedures. (2) A period of 30 days of continuous session (as defined by section 130 g.(2) of the Atomic Energy Act of 1954 (42 U.S.C. 2159 (g)(2)) has elapsed after transmittal of the report required under paragraph (1). (c) Resolution of Disapproval.--Notwithstanding the requirements in subsection (b) having been met, a subsequent arrangement referred to in subsection (a) shall not become effective if during the time specified in subsection (b)(2), Congress adopts, and there is enacted, a joint resolution stating in substance that Congress does not favor such subsequent arrangement. Any such resolution shall be considered pursuant to the procedures set forth in section 130 i. of the Atomic Energy Act of 1954 (42 U.S.C. 2159 (i)), as amended by section 205 of this Act. SEC. 202. INITIATIVES AND NEGOTIATIONS RELATING TO AGREEMENTS FOR PEACEFUL NUCLEAR COOPERATION. Section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153) is amended by adding at the end the following: ``e. The President shall keep the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate fully and currently informed of any initiative or negotiations relating to a new or amended agreement for peaceful nuclear cooperation pursuant to this section (except an agreement arranged pursuant to section 91 c., 144 b., 144 c., or 144 d., or an amendment thereto).''. SEC. 203. ACTIONS REQUIRED FOR RESUMPTION OF PEACEFUL NUCLEAR COOPERATION. Section 129 a. of the Atomic Energy Act of 1954 (42 U.S.C. 2158 (a)) is amended by striking ``Congress adopts a concurrent resolution'' and inserting ``Congress adopts, and there is enacted, a joint resolution''. SEC. 204. UNITED STATES GOVERNMENT POLICY AT THE NUCLEAR SUPPLIERS GROUP TO STRENGTHEN THE INTERNATIONAL NUCLEAR NONPROLIFERATION REGIME. (a) Certification.--Before exchanging diplomatic notes pursuant to Article 16(1) of the Agreement, the President shall certify to the appropriate congressional committees that it is the policy of the United States to work with members of the Nuclear Suppliers Group (NSG), individually and collectively, to agree to further restrict the transfers of equipment and technology related to the enrichment of uranium and reprocessing of spent nuclear fuel. (b) Peaceful Use Assurances for Certain By-Product Material.--The President shall seek to achieve, by the earliest possible date, either within the NSG or with relevant NSG Participating Governments, the adoption of principles, reporting, and exchanges of information as may be appropriate to assure peaceful use and accounting of by-product material in a manner that is substantially equivalent to the relevant provisions of the Agreement. (c) Report.-- (1) In general.--Not later than six months after the date of the enactment of this Act, and every six months thereafter, the President shall transmit to the appropriate congressional committees a report on efforts by the United States pursuant to subsections (a) and (b). (2) Termination.--The requirement to transmit the report under paragraph (1) terminates on the date on which the President transmits a report pursuant to such paragraph stating that the objectives in subsections (a) and (b) have been achieved. SEC. 205. CONFORMING AMENDMENTS. Section 130 i. of the Atomic Energy Act of 1954 (42 U.S.C. 2159 (i)) is amended-- (1) in paragraph (1), by striking ``means a joint resolution'' and all that follows through ``, with the date'' and inserting the following: ``means-- ``(A) for an agreement for cooperation pursuant to section 123 of this Act, a joint resolution, the matter after the resolving clause of which is as follows: `That the Congress (does or does not) favor the proposed agreement for cooperation transmitted to the Congress by the President on _____ .', ``(B) for a determination under section 129 of this Act, a joint resolution, the matter after the resolving clause of which is as follows: `That the Congress does not favor the determination transmitted to the Congress by the President on _____ .', or ``(C) for a subsequent arrangement under section 201 of the United States-India Nuclear Cooperation Approval and Nonproliferation Enhancement Act, a joint resolution, the matter after the resolving clause of which is as follows: `That the Congress does not favor the subsequent arrangement to the Agreement for Cooperation Between the Government of the United States of America and the Government of India Concerning Peaceful Uses of Nuclear Energy that was transmitted to Congress by the President on September 10, 2008.', with the date''; and (2) in paragraph (4)-- (A) by inserting after ``45 days after its introduction'' the following ``(or in the case of a joint resolution related to a subsequent arrangement under section 201 of the United States-India Nuclear Cooperation Approval and Nonproliferation Enhancement Act, 15 days after its introduction)''; and (B) by inserting after ``45-day period'' the following: ``(or in the case of a joint resolution related to a subsequent arrangement under section 201 of the United States-India Nuclear Cooperation Approval and Nonproliferation Enhancement Act, 15-day period)''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

United States-India Nuclear Cooperation Approval and Nonproliferation Enhancement Act - (Sec. 2) Defines specified terms. Title I: Approval of United States-India Agreement for Cooperation on Peaceful Uses of Nuclear Energy - (Sec. 101) Approves the United States-India Agreement for Cooperation on Peaceful Uses of Nuclear Energy (Agreement), subject to the provisions of the Atomic Energy Act of 1954, the Henry J. Hyde United States-India Peaceful Atomic Energy Cooperation Act of 2006, and other applicable U.S. law. (Sec. 102) Declares that it is the understanding of the United States that the provisions of the Agreement have the meanings conveyed in the authoritative representations provided by the President and his representatives to the Congress and its committees prior to September 20, 2008. Declares it to be congressional policy that: (1) in the event that nuclear transfers to India are suspended or terminated it is U.S. policy to prevent the transfer to India of nuclear equipment, materials, or technology from other participating governments in the Nuclear Suppliers Group (NSG) or from any other source; and (2) any nuclear power reactor fuel reserve provided to India for use in safeguarded civilian nuclear facilities should be commensurate with reasonable reactor operating requirements. States that before exchanging specified diplomatic notes the President shall certify to Congress that entry into force and implementation of the Agreement pursuant to its terms is consistent with the obligation of the United States under the Treaty on the Nonproliferation of Nuclear Weapons (Nuclear Nonproliferation Treaty) not to assist, encourage, or induce India to manufacture or otherwise acquire nuclear weapons or other nuclear explosive devices. (Sec. 103) Urges the government of India to sign and adhere to an Additional Protocol with the International Atomic Energy Agency (IAEA). (Sec. 104) States that licenses may be issued by the Nuclear Regulatory Commission (NRC) for transfers pursuant to the Agreement only after the President certifies to Congress that: (1) the Agreement Between the Government of India and the International Atomic Energy Agency for the Application of Safeguards to Civilian Nuclear Facilities has entered into force; and (2) the government of India has filed a declaration of facilities that is not materially inconsistent with the facilities and schedule of the separation plan presented in the national parliament of India. (Sec. 105) Amends the Henry J. Hyde United States-India Peaceful Atomic Energy Cooperation Act of 2006 to revise related congressional reporting requirements. Title II: Strengthening United States Nonproliferation Law Relating to Peaceful Nuclear Cooperation - (Sec. 201) States that no subsequent arrangement concerning reprocessing arrangements and procedures shall take effect until: (1) the President reports to the House Committee on Foreign Affairs and the Senate Committee on Foreign Relations (Committees) respecting the reasons for such arrangement and a certification that third-party reprocessing arrangements with India will be conducted under similar arrangements; and (2) a period of 30 days of continuous session has elapsed after such report's transmittal. States that a subsequent agreement shall not become effective if during such 30-day period Congress enacts a joint resolution of disapproval. (Sec. 202) Amends the Atomic Energy Act of 1954 to direct the President to inform the Committees of any negotiations relating to a new or amended agreement for peaceful nuclear cooperation. (Sec. 203) Requires that Congress enact a joint resolution to override a presidential determination permitting the export of nuclear materials, equipment, or technology to a country to which such export is otherwise prohibited. (Current law provides for a concurrent resolution of disapproval.) (Sec. 204) Directs the President to: (1) certify to the Committees that it is U.S. policy to work with members of the Nuclear Suppliers Group (NSG) to restrict transfers of equipment and technology related to the enrichment of uranium and reprocessing of spent nuclear fuel; (2) seek to achieve within NSG or with NSG participating governments the adoption of principles and exchanges of information to assure peaceful use and accounting of byproduct material; and (3) report every six months to the Committees until such purposes have been achieved. (Sec. 205) Makes conforming amendments with respect to related congressional actions under the Atomic Energy Act of 1954.

To approve the United States-India Agreement for Cooperation on Peaceful Uses of Nuclear Energy, and for other purposes.

SECTION 1. TAX TREATMENT OF PAYMENTS UNDER LIFE INSURANCE CONTRACTS FOR TERMINALLY ILL INDIVIDUALS. (a) Treatment As Insurance.-- (1) General rule.--Section 101 of the Internal Revenue Code of 1986 (relating to certain death benefits) is amended by adding at the end thereof the following new subsection: ``(g) Treatment of Amounts Paid With Respect to Terminally Ill Individuals or Individuals With Dread Disease.-- ``(1) In general.--For purposes of this section, any amount paid or advanced to an individual under a life insurance contract on the life of an insured who is a terminally ill individual or who has a dread disease shall be treated as an amount paid by reason of the death of such insured. ``(2) Terminally ill individual.--For purposes of this subsection, the term `terminally ill individual' means an individual who has been certified by a licensed physician as having an illness or physical condition which can reasonably be expected to result in death in twenty-four months or less. ``(3) Dread disease.--For purposes of this subsection, the term `dread disease' means a medical condition which has required or requires extraordinary medical intervention without which the insured would die, or a medical condition which would, in the absence of extensive or extraordinary medical treatment, result in a drastically limited life span. ``(4) Assignment or sale of contract.--For purposes of this subsection-- ``(A) In general.--Any amount received by an individual from the sale or assignment to a qualified accelerated benefits corporation of a life insurance contract on the life of an insured who is a terminally ill individual or who has a dread disease shall be treated as an amount described in paragraph (1). The preceding sentence shall not apply to amounts for payment of cash surrender values, loans, or other benefits made by an insurer in accordance with the policy provisions. ``(B) Qualified accelerated benefits corporation.-- The term `qualified accelerated benefits corporation' means a corporation-- ``(i) with respect to which the aggregate amount of money or other property received in exchange for equity in the corporation, as contributions to capital, or as paid-in surplus is at least $1,000,000. ``(ii) which is regularly engaged in purchasing or taking assignment of life insurance contracts on the lives of insureds who are terminally ill individuals or who have dread diseases. ``(iii)(I) which does business in a State in which the insured resides and in which qualifying legislation has been enacted (or qualifying administrative regulations have been promulgated) to govern activities described in clause (ii), and ``(II) the business practices of which in States in which no qualifying legislation has been enacted (and no qualifying administrative regulations have been promulgated) do not materially differ from its business practices in States in which such legislation has been enacted (or such regulations have been promulgated); and ``(iv) which pays an amount equal to at least 60 percent of the face value of the life insurance as consideration for the sale or assignment to it of the policy. ``(C) Qualifying legislation.--For purposes of subparagraph (B)(iii)-- ``(i) the term `qualifying legislation' means legislation enacted by a State legislature which, either along or in conjunction with qualifying administrative regulations-- ``(I) imposes obligations on companies regularly engaged in purchasing or taking assignments of life insurance contracts on the lives of insured who are terminally ill individuals or who have dread diseases with respect to confidentiality of medical information, disclosure of alternatives to accelerated benefits contracts, disclosure of tax consequences of accelerated benefits contracts, and full disclosure to the terminally ill individual or individual with a dread disease of all material terms of the accelerated benefits contract and the life insurance policy, and ``(II) in order to enforce obligations described in subclause (I), authorizes the examination of business records and affairs of qualified accelerated benefits corporations, establishes procedures for investigations and for cease and desist and other orders, and imposes penalties for non-compliance; and ``(ii) the term `qualifying administrative regulations' means regulations promulgated by a State agency which, either alone or in conjunction with the qualifying legislation, impose obligations on companies regularly engaged in purchasing or taking assignments of life insurance contracts on lives of insureds who are terminally ill individuals or who have dread diseases in the areas described in clause (i) and authorize the enforcement of those obligations in the manner provided in clause (i). ``(D) Transition rule.--In the case of taxable years beginning before January 1, 1994, a corporation conducting its business substantially in accordance with the qualifying legislation enacted by any State or with qualifying administrative regulations promulgated by any State agency shall be treated as satisfying the requirements of subparagraph (C) regardless of whether the corporation conducts its business in that State.'' (2) Effective date.--The amendment made by this subsection shall apply to taxable years beginning after December 31, 1989; except that, in the case of amounts received pursuant to a sale or assignment described in section 101(g)(4) of the Internal Revenue Code of 1986 (as added by paragraph (1)), such amendment shall only apply to amounts received after January 1, 1994.'' (b) Tax Treatment Of Companies Issuing Qualified Terminal Illness Or Dread Disease Riders.-- (1) Qualified terminal illness or dread disease rider treated as life insurance.--Section 818 (relating to other definitions and special rules) is amended by adding at the end thereof the following new subsection: ``(g) Qualified Terminal Illness Or Dread Disease Rider Treated As Life Insurance.--For purposes of this part-- ``(1) In general.--Any reference to life insurance shall be treated as including a reference to a qualified terminal illness or dread disease rider. ``(2) Qualified terminal illness or dread disease rider.-- For purposes of this subsection, the term `qualified terminal, illness or dread disease rider' means any rider or addendum on, or other provision of, a life insurance contract which provides for payments to an individual upon the insured becoming a terminally ill individual (as defined in section 101(g)(2) or having a dread illness (as defined in section 101(g)(3)).'' (2) Definitions of life insurance and modified endowment contracts.--For purposes of applying section 7702 or 7702A of the Internal Revenue Code of 1986 to any contract (or determining whether either such section applies to such contract), the issuance of a qualified terminal illness or dread disease rider (as defined in section 818(g)(2) of such Code) with respect to any contract shall not be treated as a modification or material change of such contract. (3) Effective date.--The amendments made by this subsection shall apply to taxable years beginning before, on, or after December 31, 1989. (c) Applicants Or Recipients Under Public Assistance Programs Not To Be Required To Make Election Respecting Accelerated Death Benefits Under Life Insurance Policies.-- (1) In general.--Part A of title XI of the Social Security Act (42 U.S.C. 1301 et seq.) is amended by adding at the end thereof the following new section: ``treatment of accelerated death benefits ``Sec. 1143. (a) In General.--Notwithstanding any other provision of law, no individual who is an applicant for or recipient of aid or assistance under a State plan approved under title IV, X, XIV, XVI, or XIX, of assistance funded by payments under title V or XX, or of benefits under the Supplemental Security Income program established by title XVI shall-- ``(1) be required, as a condition of eligibility for (or of continuing to receive) such aid, assistance, or benefits, to make an election to receive an accelerated death benefit under a policy of life insurance, or ``(2) by reason of failure to make such an election, be denied (or suffer a reduction in the amount of) such aid, assistance, or benefits. ``(b) Accelerated Death Benefit.--For purposes of this section, the term `accelerated death benefit' means any payment made under the terms of a life insurance policy, while the insured individual is alive, as a result of a recalculation of the insured individual's life expectancy.'' (2) Effective date.--The amendment made by this subsection shall take effect on January 1, 1990.

Amends the Internal Revenue Code to require that payment under a life insurance contract on the life of an insured who is terminally ill or who has a dread disease be treated as a death benefit, making such payment eligible for tax exclusion from gross income. Provides that any reference to life insurance shall be treated as referring to a qualified terminal illness or dread disease rider. Provides for the tax treatment of such riders. Describes such a rider as one which provides for payments to an individual upon the insured's becoming terminally ill or having a dread disease. Provides that applicants for or recipients of assistance under the Social Security Act may not be required to elect to receive accelerated death benefits under life insurance policies.

A bill to amend the Internal Revenue Code of 1986 with respect to the treatment of accelerated benefits under life insurance contracts.

SECTION 1. HOV FACILITIES. (a) In General.--Subchapter I of chapter 1 of title 23, United States Code, is amended by adding at the end the following: ``Sec. 165. HOV facilities ``(a) Definitions.--In this section: ``(1) Dedicated alternative fuel vehicle.--The term `dedicated alternative fuel vehicle' means a vehicle that operates solely on-- ``(A) methanol, denatured ethanol, or other alcohols; ``(B) a mixture containing at least 85 percent of methanol, denatured ethanol, or other alcohols by volume with gasoline or other fuels; ``(C) natural gas; ``(D) liquefied petroleum gas; ``(E) hydrogen; ``(F) coal derived liquid fuels; ``(G) fuels (except alcohol) derived from biological materials; ``(H) electricity, including electricity from solar energy; or ``(I) any other fuel that the Secretary prescribes by regulation that is not substantially petroleum and that would yield substantial energy security and environmental benefits. ``(2) HOV facility.--The term `HOV facility' means a high occupancy vehicle facility. ``(3) Low-emission and energy-efficient vehicle.--The term `low-emission and energy-efficient vehicle' means a vehicle that-- ``(A) has been certified by the Administrator of the Environmental Protection Agency as meeting the Tier II emission level established in regulations prescribed by the Administrator under section 202(i) of the Clean Air Act (42 U.S.C. 7521(i)) for that make and model year vehicle; and ``(B)(i) has propulsion energy drawn from onboard hybrid sources of stored energy that are-- ``(I) an internal combustion or heat engine using consumable fuel; ``(II) a rechargeable energy storage system; and ``(III) certified by the manufacturer to have achieved either a 10 percent or more increase in city fuel economy relative to a comparable vehicle that is an internal combustion gasoline fueled vehicle (other than a vehicle that has propulsion energy from such onboard hybrid sources), or a 10 percent or more vehicle increase in lifetime fuel savings relative to a comparable vehicle, determined in accordance with guidelines prescribed by the Administrator of the Environmental Protection Agency not later than 180 days after the date of enactment of this section, specifying procedures and methods for calculating either increase and making the comparison, except that the State agency referred to in this section may, subject to the guidelines, increase in combination the percentage under this subclause in furtherance of its responsibilities with respect to a HOV facility specified in subsection (e); or ``(ii) is a dedicated alternative fuel vehicle. ``(4) Public transportation vehicle.--The term `public transportation vehicle' means a vehicle that provides public transportation (as defined in section 5302(a) of title 49). ``(5) State agency.--The term `State agency', as used with respect to a HOV facility, means an agency of a State or local government (including a State transportation department) having jurisdiction over the operation of the facility. ``(6) Advanced lean burn technology vehicle.--The term `advanced lean burn technology vehicle' means a vehicle with an internal combustion engine that-- ``(A) is designed to operate primarily using more air than is necessary for complete combustion of fuel; ``(B) incorporates direct injection; ``(C) achieves at least 125 percent of city fuel economy of a comparable vehicle; and ``(D) has received a certificate that the vehicle meets or exceeds-- ``(i) in the case of a vehicle having a gross vehicle weight rating of 6,000 pounds or less, the Bin 5 II emission standard established by regulations under section 202(i) of the Clean Air Act (42 U.S.C. 7521(i)); and ``(ii) in the case of a vehicle having a gross vehicle weight rating of more than 6,000 pounds but not more than 8,500 pounds, the Bin 8 Tier II emission standard established by regulations under section 202(i) of the Clean Air Act (42 U.S.C. 7521(i)). ``(b) In General.-- ``(1) Authority of state agencies.--A State agency that has jurisdiction over the operation of a HOV facility shall establish the occupancy requirements of vehicles operating on the facility. ``(2) Occupancy requirement.--Except as otherwise provided by this section, not fewer than 2 occupants per vehicle may be required for use of a HOV facility. ``(c) Exceptions to Occupancy Requirement.--Notwithstanding the occupancy requirements of subsection (b)(2), the following exceptions shall apply with respect to a State agency operating a HOV facility: ``(1) Motorcycles and bicycles.-- ``(A) In general.--Subject to subparagraph (B), the State agency shall allow motorcycles and bicycles to use the HOV facility. ``(B) Safety exception.-- ``(i) In general.--A State agency may restrict use of the HOV facility by motorcycles or bicycles if the agency certifies to the Secretary that such use would create a safety hazard and the Secretary accepts the certification. ``(ii) Notice.--The Secretary may accept a certification under clause (i) only after the Secretary publishes notice of the certification in the Federal Register and provides an opportunity for public comment. ``(2) Public transportation vehicles.--The State agency may allow public transportation vehicles to use the HOV facility if the agency-- ``(A) establishes requirements for clearly identifying the vehicles; and ``(B) establishes procedures for enforcing the restrictions on the use of the facility by the vehicles. ``(3) High occupancy toll vehicles.--The State agency may allow vehicles that are not otherwise exempt under this subsection to use the HOV facility if-- ``(A) the operators of the vehicles pay a toll charged by the agency for use of the facility; and ``(B) the agency-- ``(i) establishes a program that addresses how motorists can enroll and participate in the toll program; ``(ii) develops, manages, and maintains a system that will automatically collect the toll; and ``(iii) establishes policies and procedures to-- ``(I) manage the demand to use the facility by varying the toll amount that is charged; ``(II) enforce violations of use of the facility; and ``(III) permit low-income individuals to pay reduced tolls. ``(4) Low-emission and energy-efficient vehicles.-- ``(A) Inherently low-emission vehicles.--Before September 30, 2009, the State agency may allow vehicles that are certified and labeled as inherently low- emission vehicles under section 88.311-93 of title 40, Code of Federal Regulations, to use the HOV facility if the agency establishes procedures for enforcing restrictions on the use of the facility by the vehicles. ``(B) Other low-emission and energy-efficient vehicles.--Before September 30, 2009, the State agency may allow vehicles that are certified as and labeled low-emission and energy-efficient vehicles under subsection (f) to use the HOV facility if the agency-- ``(i) establishes a program that addresses how the vehicles are selected and certified; ``(ii) establishes requirements for labeling the vehicles and procedures for enforcing those requirements; ``(iii) continuously monitors, evaluates, and reports to the Secretary on the performance of the vehicles; and ``(iv) imposes on the use of the HOV facility by vehicles that do not satisfy established occupancy requirements any restrictions that are necessary to ensure that neither the performance of an individual HOV facility nor the HOV facility system are seriously degraded. ``(5) Advanced lean burn technology vehicles.--Before September 30, 2009, the State agency may allow vehicles that are certified and labeled as advanced lean burn technology vehicles under subsection (f) to use the HOV facility if the agency-- ``(A) establishes a program that addresses how the vehicles are selected and certified; ``(B) establishes requirements for labeling the vehicles and procedures for enforcing those requirements; ``(C) continuously monitors, evaluates, and reports to the Secretary on the performance of the vehicles; and ``(D) imposes on the use of HOV facilities by vehicles that do not satisfy established occupancy requirements any restrictions that are necessary to ensure that neither the performance of individual HOV facilities nor the HOV facility system are seriously degraded. ``(d) Requirements Applicable to Tolls.-- ``(1) In general.--Notwithstanding section 301, tolls may be charged under paragraphs (3) and (4) of subsection (c), subject to the requirements of section 129. ``(2) HOV facilities on the interstate system.-- Notwithstanding section 129, tolls may be charged under paragraphs (3) and (4) of subsection (c) on a HOV facility on the Interstate System. ``(3) Excess toll revenues.--If a State agency makes a certification under the last sentence of section 129(a)(3) concerning toll revenues collected under paragraphs (3) and (4) of subsection (c), the State shall give priority consideration to projects that develop alternatives to single occupancy vehicle travel or improve highway safety in the use of toll revenues under that sentence. ``(e) HOV Facility Management, Operation, Monitoring, and Enforcement.-- ``(1) In general.--A State agency that allows low-emission and energy-efficient vehicles to use a HOV facility under subsection (c)(4) in a fiscal year shall certify to the Secretary that the agency will carry out the following responsibilities with respect to the facility in the fiscal year: ``(A) Establish, manage, and support a performance- monitoring, evaluation, and reporting program for the facility that provides for continuous monitoring, assessment, and reporting on the effects that low- emission and energy-efficient vehicles may have on the operation of the facility and adjacent highways. ``(B) Establish, manage, and support an enforcement program that ensures that the facility is operated in accordance with this section. ``(C) Limit or discontinue the use of the facility by low-emission and energy-efficient vehicles if the presence of the vehicles has degraded the operation of the facility. ``(2) Minimum average operating speed; degraded facility.-- ``(A) Minimum average operating speed defined.--In this paragraph, the term `minimum average operating speed' means-- ``(i) 45 miles per hour, in the case of a HOV facility with a speed limit of 50 miles per hour or greater; and ``(ii) not more than 10 miles per hour below the speed limit, in the case of a HOV facility with a speed limit of less than 50 miles per hour. ``(B) Standard for determining degradation.--For purposes of paragraph (1), the operation of a HOV facility shall be considered to be degraded if vehicles operating on the facility fail to maintain a minimum average operating speed 90 percent of the time over a consecutive 180-day period during morning or evening weekday peak hour periods. ``(f) Certification and Labeling of Low-Emission and Energy- Efficient Vehicles and Advanced Lean Burn Technology Vehicles.--Not later than 180 days after the date of enactment of this section, the Administrator of the Environmental Protection Agency shall promulgate a final rule establishing requirements for-- ``(1) certification of vehicles-- ``(A) as low-emission and energy-efficient vehicles; and ``(B) as advance lean burn technology vehicles; and ``(2) labeling of the vehicles certified under paragraph (1).''. (b) Technical Amendment.--Section 102(c) of title 23, United States Code, is amended by striking ``10 years'' and all that follows through ``after'' and inserting ``10 years (or any longer period that the State requests and the Secretary determines to be reasonable) after''. (c) Conforming Amendments.-- (1) Program efficiencies.--Section 102 of title 23, United States Code, is amended by striking subsection (a) and redesignating subsections (b) and (c) as subsections (a) and (b), respectively. (2) Chapter analysis.--The analysis for subchapter I of chapter 1 of title 23, United States Code, is amended by adding at the end the following: ``165. HOV facilities.''.

Amends the Federal Aid Highways program to require a State agency with jurisdiction over the operation of a HOV facility to establish the occupancy requirements of vehicles operating on the facility. Requires such agency to permit motorcycles and bicycles to use the HOV facility. Permits a State agency to restrict use of the HOV facility by motorcycles or bicycles (or both) if it certifies to the Secretary of Transportation that such use would create a safety hazard. Prescribes guidelines under which a State agency may permit use of an HOV facility by: (1) public transportation vehicles and high occupancy toll vehicles; (2) inherently low-emission vehicles and low emission and energy-efficient vehicles; and (3) advanced lean burn technology vehicles. Permits tolls to be charged on a HOV facility on the Interstate System. Requires a State agency that allows low-emission and energy-efficient vehicles to use a HOV facility to certify to the Secretary that it will establish: (1) a continuous monitoring, assessment, and reporting program regarding the impacts such vehicles may have on the operation of the facility and adjacent highways; and (2) an enforcement program that ensures the facility is operated in accordance with this Act. Directs the Administrator of the Environmental Protection to issue a final rule establishing certification requirements for low emission and energy-efficient vehicles and for advanced lean burn technology vehicles.

A bill entitled the "Hybrid HOV Access Act".

SECTION 1. SHORT TITLE; PURPOSES. (a) Short Title.--This Act may be cited as the ``FHA Multifamily Housing Flexible Disposition Act of 1993''. (b) Purposes.--The purposes of this Act are: (1) To balance the need to reimburse the general insurance fund of the Department of Housing and Urban Development through the disposition of multifamily housing projects with the goal of preserving housing for low-income households. (2) To provide housing to households with mixed incomes that are capable of paying the operating and debt service costs of such housing. (3) To explore different approaches to disposing of such housing, including the use of Federal housing rental subsidies, Federal housing mortgage insurance, risk-sharing arrangements, purchase money mortgages, and low-income housing tax credits, or combinations thereof. (4) To maintain to the maximum extent possible the low- income character of such housing while disposing of such properties in an economically viable manner. SEC. 2. AUTHORITY. (a) In General.--Consistent with the purposes set forth in section 1 and for a period of 18 months from the date of enactment of this Act, the Secretary of Housing and Urban Development (hereafter in this Act referred to as the ``Secretary'') may dispose of multifamily housing projects that are-- (1) owned by the Secretary; or (2) being foreclosed upon by the Secretary; without regard to the provisions of section 203 of the Housing and Community Development Amendments of 1978 (12 U.S.C. 1701z-11). (b) Sale to Local Governments and State Agencies.-- (1) Notice.-- (A) In general.--Within a reasonable period of time after acquiring title to a multifamily housing project, the Secretary shall provide written notice to-- (i) the unit of general local government the jurisdiction of which includes such project; and (ii) the State housing finance agency, or other appropriate agency, of the State in which such project is located. (B) Contents.--The notice provided under paragraph (1) shall contain basic information about the project, including its location, the number of units (identified by number of bedrooms), and information relating to the estimated fair market value of the project. (2) Expression of serious interest.--Not later than 60 days after receiving notice under paragraph (1), a unit of general local government or State agency may provide the Secretary with written notice of its serious interest in the property. Such notice of serious interest shall be in such form and include such information as the Secretary may prescribe. (3) Notice of readiness for sale.--Upon the expiration of the 60-day period referred to in paragraph (2), the Secretary shall provide written notice to any unit of general local government or State agency that has expressed serious interest in the property. Such notice shall specify the minimum terms and conditions for the sale of the property. (4) Offers and acceptance.-- (A) Offers.--A unit of general local government or State agency has 45 days after the date notice is received under paragraph (3) to make a bona fide offer to purchase the property. (B) Nonprofit organizations.--An offer under this paragraph may be made in conjunction with a nonprofit organization. (C) Acceptance.--The Secretary shall accept an offer that complies with the terms and conditions prescribed by the Secretary under paragraph (3). (c) Sale to Other Purchasers.--If, after expiration of the periods of time referred to in paragraphs (2) and (4)(A) of subsection (b), as applicable, no purchaser has expressed serious interest or made a bona fide offer to purchase the property, the Secretary may sell the property to any purchaser. (d) Definitions.--For the purposes of this Act the term ``multifamily housing project'' has the same meaning as in section 203(i)(1) of the Housing and Community Development Amendments of 1978 (12 U.S.C. 1701z-11(i)(1)). SEC. 3. REPORT. Not later than 90 days after the expiration of the 18-month period following the date of enactment of this Act, the Secretary shall transmit to the Congress a report describing the various methods of disposition of multifamily housing projects that have been undertaken pursuant to this Act and any recommendations for administrative or legislative action to further the purposes of this Act.

FHA Multifamily Housing Flexible Disposition Act of 1993 - Authorizes the Secretary of Housing and Urban Development to dispose of HUD-held or -foreclosed multifamily housing projects without regard to specified provisions of the Housing and Community Development Amendments of 1978.

FHA Multifamily Housing Flexible Disposition Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping Families Afford Tuition Act''. SEC. 2. HIGHER EDUCATION TUITION CREDIT. (a) In General.--Section 25A of the Internal Revenue Code of 1986 (relating to Hope and Lifetime Learning credits) is amended to read as follows: ``SEC. 25A. HIGHER EDUCATION TUITION CREDIT. ``(a) Allowance of Credit.--In the case of any eligible student for whom an election is in effect under this section for any taxable year, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year in an amount equal to 50 percent of so much of the qualified tuition and related expenses paid by the taxpayer during the taxable year (for education furnished to the eligible student during any academic period beginning in such taxable year) as does not exceed $10,000. ``(b) Limitations.-- ``(1) Limitation based on modified adjusted gross income.-- ``(A) In general.--The amount which would (but for this paragraph) be taken into account under subsection (a) for the taxable year shall be reduced (but not below zero) by the amount determined under subparagraph (B). ``(B) Amount of reduction.--The amount determined under this subparagraph is the amount which bears the same ratio to the amount which would be so taken into account as-- ``(i) the excess of-- ``(I) the taxpayer's modified adjusted gross income for such taxable year, over ``(II) $100,000 ($200,000 in the case of a joint return), bears to ``(ii) $10,000 ($20,000 in the case of a joint return). ``(C) Modified adjusted gross income.--The term `modified adjusted gross income' means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933. ``(2) Other limitations.-- ``(A) Credit allowed only for 5 taxable years.--An election to have this section apply with respect to any eligible student may not be made for any taxable year if such an election (by the taxpayer or any other individual) is in effect with respect to such student for any 5 prior taxable years. ``(B) Credit allowed for year only if individual is at least 1/2 time student for portion of year.--The credit under subsection (a) shall not be allowed for a taxable year with respect to the qualified tuition and related expenses of an individual unless such individual is an eligible student for at least one academic period which begins during such year. ``(C) Credit allowed only for first 5 years of post secondary education.--An election to have this section apply with respect to any eligible student may not be made for any taxable year if the student has completed (before the beginning of such taxable year) 5 years of post secondary education at one or more eligible educational institutions. ``(D) Denial of credit if student convicted of a felony drug offense.--The credit under subsection (a) shall not be allowed for qualified tuition and related expenses for the enrollment or attendance of a student for any academic period if such student has been convicted of a Federal or State felony offense consisting of the possession or distribution of a controlled substance before the end of the taxable year with or within which such period ends. ``(c) Definitions.--For purposes of this subsection-- ``(1) Eligible student.--The term `eligible student' means, with respect to any academic period, a student who-- ``(A) meets the requirements of section 484(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1091(a)(1)), as in effect on the date of the enactment of the Taxpayer Relief Act of 1997, and ``(B) is carrying at least \1/2\ the normal full- time work load for the course of study the student is pursuing. ``(2) Qualified tuition and related expenses.-- ``(A) In general.--The term `qualified tuition and related expenses' means tuition and fees required for the enrollment or attendance of an eligible student who is-- ``(i) the taxpayer, ``(ii) the taxpayer's spouse, or ``(iii) any dependent of the taxpayer with respect to whom the taxpayer is allowed a deduction under section 151, at an eligible educational institution for courses of instruction of such individual at such institution. ``(B) Exception for education involving sports, etc.--Such term does not include expenses with respect to any course or other education involving sports, games, or hobbies, unless such course or other education is part of the individual's degree program. ``(C) Exception for nonacademic fees.--Such term does not include student activity fees, athletic fees, insurance expenses, or other expenses unrelated to an individual's academic course of instruction. ``(3) Eligible educational institution.--The term `eligible educational institution' means an institution-- ``(A) which is described in section 481 of the Higher Education Act of 1965 (20 U.S.C. 1088), as in effect on the date of the enactment of the Taxpayer Relief Act of 1997, and ``(B) which is eligible to participate in a program under title IV of the Higher Education Act of 1965. ``(d) Special Rules.-- ``(1) Identification requirement.--No credit shall be allowed under subsection (a) to a taxpayer with respect to the qualified tuition and related expenses of an individual unless the taxpayer includes the name and taxpayer identification number of such individual on the return of tax for the taxable year. ``(2) Adjustment for certain scholarships, etc.--The amount of qualified tuition and related expenses otherwise taken into account under subsection (a) with respect to an individual for an academic period shall be reduced (before the application of subsections (a), (b), and (c)) by the sum of any amounts paid for the benefit of such individual which are allocable to such period as-- ``(A) a qualified scholarship which is excludable from gross income under section 117, ``(B) an educational assistance allowance under chapter 30, 31, 32, 34, or 35 of title 38, United States Code, or under chapter 1606 of title 10, United States Code, and ``(C) a payment (other than a gift, bequest, devise, or inheritance within the meaning of section 102(a)) for such individual's educational expenses, or attributable to such individual's enrollment at an eligible educational institution, which is excludable from gross income under any law of the United States. ``(3) Treatment of expenses paid by dependent.--If a deduction under section 151 with respect to an individual is allowed to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins-- ``(A) no credit shall be allowed under subsection (a) to such individual for such individual's taxable year, and ``(B) qualified tuition and related expenses paid by such individual during such individual's taxable year shall be treated for purposes of this section as paid by such other taxpayer. ``(4) Treatment of certain prepayments.--If qualified tuition and related expenses are paid by the taxpayer during a taxable year for an academic period which begins during the first 3 months following such taxable year, such academic period shall be treated for purposes of this section as beginning during such taxable year. ``(5) Denial of double benefit.--No credit shall be allowed under this section for any expense for which a deduction is allowed under any other provision of this chapter. ``(6) No credit for married individuals filing separate returns.--If the taxpayer is a married individual (within the meaning of section 7703), this section shall apply only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year. ``(7) Nonresident aliens.--If the taxpayer is a nonresident alien individual for any portion of the taxable year, this section shall apply only if such individual is treated as a resident alien of the United States for purposes of this chapter by reason of an election under subsection (g) or (h) of section 6013. ``(e) Regulations.--The Secretary may prescribe such regulations as may be necessary or appropriate to carry out this section, including regulations providing for a recapture of the credit allowed under this section in cases where there is a refund in a subsequent taxable year of any amount which was taken into account in determining the amount of such credit.''. (b) Repeal of Deduction for Qualified Tuition and Related Expenses.-- (1) In general.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by striking section 222 (relating to qualified tuition and related expenses). (2) Clerical amendment.--The table of section for part VII of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 222. (c) Conforming Amendments.-- (1) Section 62(a) of such Code is amended by striking paragraph (18). (2) Subparagraph (B) of section 72(t)(7) of such Code is amended by striking ``section 25A(g)(2)'' and inserting ``section 25A(d)(2)''. (3) Section 221(d) of such Code is amended-- (A) by striking ``section 25A(g)(2)'' in paragraph (2)(B) and inserting ``section 25A(d)(2)'', (B) by striking ``section 25A(f)(2)'' in paragraph (2)(B) and inserting ``section 25A(c)(3)'', and (C) by striking ``section 25A(b)(3)'' in paragraph (3) and inserting ``section 25A(c)(1)''. (4) Section 529 of such Code is amended-- (A) by striking ``section 25A(g)(2)'' in subclause (I) of subsection (c)(3)(B)(v) and inserting ``section 25A(d)(2)'', and (B) by striking ``section 25A(b)(3)'' in clause (i) of subsection (e)(3)(B) and inserting ``section 25A(c)(1)''. (5) Section 530 of such Code is amended-- (A) by striking ``section 25A(g)(2)'' in subclause (I) of subsection (d)(2)(C)(i) and inserting ``section 25A(d)(2)'', and (B) by striking ``section 25A(g)(2)'' in clause (iii) of subsection (d)(4)(B) and inserting ``section 25A(d)(2)''. (6) Section 1400O of such Code is amended by adding at the end the following flush sentence: ``For purposes of this section, any reference to section 25A shall be treated as a reference to such section before the date of the enactment of this sentence.''. (7) Subsection (e) of section 6050S of such Code is amended by striking ``(without regard to subsection (g)(2) thereof)'' and inserting ``(without regard to subsection (d)(2) thereof)''. (8) Subparagraph (J) of section 6213(g)(2) of such Code is amended by striking ``section 25A(g)(1)'' and inserting ``section 25A(d)(1)''. (9) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 25A and inserting the following: ``Sec. 25A. Higher education tuition credit.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2010.

Helping Families Afford Tuition Act - Amends the Internal Revenue Code to replace the Hope Scholarship and Lifetime Learning tax credits with an income-based tax credit for 50% of qualified tuition and related expenses, up to $10,000, for attendance at an institution of higher education. Repeals the tax deduction for qualified tuition and related expenses.

To amend the Internal Revenue Code of 1986 to provide a higher education tuition credit in place of existing education tax incentives.

SECTION 1. SHORT TITLE. This Act may be cited as the ``College Tuition Assistance Act of 2001''. SEC. 2. DEDUCTION FOR HIGHER EDUCATION EXPENSES. (a) Deduction Allowed.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 222 as section 223 and by inserting after section 221 the following: ``SEC. 222. HIGHER EDUCATION EXPENSES. ``(a) Allowance of Deduction.-- ``(1) In general.--In the case of an individual, there shall be allowed as a deduction an amount equal to the applicable dollar amount of the qualified tuition and related expenses paid by the taxpayer during the taxable year. ``(2) Applicable dollar amount.--The applicable dollar amount for any taxable year shall be determined as follows: Applicable ``Taxable year: dollar amount: 2002.......................................... $5,000 2003 and thereafter........................... $10,000. ``(b) Limitation Based on Modified Adjusted Gross Income.-- ``(1) In general.--The amount which would (but for this subsection) be taken into account under subsection (a) shall be reduced (but not below zero) by the amount determined under paragraph (2). ``(2) Amount of reduction.--The amount determined under this paragraph equals the amount which bears the same ratio to the amount which would be so taken into account as-- ``(A) the excess of-- ``(i) the taxpayer's modified adjusted gross income for such taxable year, over ``(ii) $50,000 ($100,000 in the case of a joint return), bears to ``(B) $10,000 ($20,000 in the case of a joint return). ``(3) Modified adjusted gross income.--For purposes of this subsection, the term `modified adjusted gross income' means the adjusted gross income of the taxpayer for the taxable year determined without regard to this section and sections 911, 931, and 933. ``(4) Adjustments for inflation.-- ``(A) In general.--In the case of a taxable year beginning after 2001, the $50,000 and $100,000 amounts in paragraph (2)(A)(ii) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2000' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.--If any amount as adjusted under subparagraph (A) is not a multiple of $1,000, such amount shall be rounded to the next lowest multiple of $1,000. ``(c) Qualified Tuition and Related Expenses.--For purposes of this section, the term `qualified tuition and related expenses' has the meaning given such term by section 25A(f)(1) (determined with regard to section 25A(c)(2)(B)). ``(d) Special Rules.-- ``(1) Identification requirement.--No deduction shall be allowed under subsection (a) to a taxpayer with respect to the qualified tuition and related expenses of an individual unless the taxpayer includes the name and taxpayer identification number of such individual on the return of tax for the taxable year. ``(2) No double benefit.-- ``(A) In general.--No deduction shall be allowed under subsection (a) for any expense for which a deduction is allowable to the taxpayer under any other provision of this chapter unless the taxpayer irrevocably waives his right to the deduction of such expense under such other provision. ``(B) Denial of deduction to the extent credit is elected.--No deduction shall be allowed under subsection (a) for a taxable year with respect to the qualified tuition and related expenses of an individual to the extent the taxpayer elects to have section 25A apply with respect to such expenses for such year. ``(C) Dependents.--No deduction shall be allowed under subsection (a) to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins. ``(D) Coordination with exclusions.--A deduction shall be allowed under subsection (a) for qualified tuition and related expenses only to the extent the amount of such expenses exceeds the amount excludable under section 135 or 530(d)(2) for the taxable year. ``(3) Limitation on taxable year of deduction.-- ``(A) In general.--A deduction shall be allowed under subsection (a) for qualified tuition and related expenses for any taxable year only to the extent such expenses are in connection with enrollment at an institution of higher education during the taxable year. ``(B) Certain prepayments allowed.--Subparagraph (A) shall not apply to qualified tuition and related expenses paid during a taxable year if such expenses are in connection with an academic term beginning during such taxable year or during the first 3 months of the next taxable year. ``(4) Adjustment for certain scholarships and veterans benefits.--The amount of qualified tuition and related expenses otherwise taken into account under subsection (a) with respect to the education of an individual shall be reduced (before the application of subsection (b)) by the sum of the amounts received with respect to such individual for the taxable year as-- ``(A) a qualified scholarship which under section 117 is not includable in gross income, ``(B) an educational assistance allowance under chapter 30, 31, 32, 34, or 35 of title 38, United States Code, or ``(C) a payment (other than a gift, bequest, devise, or inheritance within the meaning of section 102(a) or needs-based aid received under part A of title IV of the Higher Education Act of 1965) for educational expenses, or attributable to enrollment at an eligible educational institution, which is exempt from income taxation by any law of the United States. ``(5) No deduction for married individuals filing separate returns.--If the taxpayer is a married individual (within the meaning of section 7703), this section shall apply only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year. ``(6) Nonresident aliens.--If the taxpayer is a nonresident alien individual for any portion of the taxable year, this section shall apply only if such individual is treated as a resident alien of the United States for purposes of this chapter by reason of an election under subsection (g) or (h) of section 6013. ``(7) Regulations.--The Secretary may prescribe such regulations as may be necessary or appropriate to carry out this section, including regulations requiring recordkeeping and information reporting.''. (b) Deduction Allowed in Computing Adjusted Gross Income.--Section 62(a) of the Internal Revenue Code of 1986 is amended by inserting after paragraph (17) the following: ``(18) Higher education expenses.--The deduction allowed by section 222.''. (c) Conforming Amendment.--The table of sections for part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 222 and inserting the following: ``Sec. 222. Higher education expenses. ``Sec. 223. Cross reference.''. (d) Effective Date.--The amendments made by this section shall apply to expenses paid after December 31, 2001 (in taxable years ending after such date), for education furnished in academic periods beginning after such date. SEC. 3. EXPANSION OF LIFETIME LEARNING CREDIT. (a) In General.--Section 25A(c)(1) of the Internal Revenue Code of 1986 (relating to lifetime learning credit) is amended by striking ``20 percent'' and inserting ``28 percent''. (b) Increase in AGI Limits.-- (1) In general.--Subsection (d) of section 25A of the Internal Revenue Code of 1986 is amended to read as follows: ``(d) Limitation Based on Modified Adjusted Gross Income.-- ``(1) Hope credit.-- ``(A) In general.--The amount which would (but for this subsection) be taken into account under subsection (a)(1) shall be reduced (but not below zero) by the amount determined under subparagraph (B). ``(B) Amount of reduction.--The amount determined under this subparagraph equals the amount which bears the same ratio to the amount which would be so taken into account as-- ``(i) the excess of-- ``(I) the taxpayer's modified adjusted gross income for such taxable year, over ``(II) $40,000 ($80,000 in the case of a joint return), bears to ``(ii) $10,000 ($20,000 in the case of a joint return). ``(2) Lifetime learning credit.-- ``(A) In general.--The amount which would (but for this subsection) be taken into account under subsection (a)(2) shall be reduced (but not below zero) by the amount determined under subparagraph (B). ``(B) Amount of reduction.--The amount determined under this subparagraph equals the amount which bears the same ratio to the amount which would be so taken into account as-- ``(i) the excess of-- ``(I) the taxpayer's modified adjusted gross income for such taxable year, over ``(II) $50,000 ($100,000 in the case of a joint return), bears to ``(ii) $10,000 ($20,000 in the case of a joint return). ``(3) Modified adjusted gross income.--For purposes of this subsection, the term `modified adjusted gross income' means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933.''. (2) Conforming amendment.--Section 25A(h)(2)(A) of such Code is amended by striking ``subsection (d)(2)'' and inserting ``subsection (d)(1)(B) and the $50,000 and $100,000 amounts in subsection (d)(2)(B)''. (c) Use of Certain Needs-Based Aid for Qualified Expenses.--Section 25A(g)(2)(C) of the Internal Revenue Code of 1986 (relating to adjustment for certain scholarships , etc.) is amended by inserting ``or needs-based aid received under part A of title IV of the Higher Education Act of 1965'' after ``section 102(a)''. (d) Effective Date.--The amendments made by this section shall apply to expenses paid after December 31, 2001 (in taxable years ending after such date), for education furnished in academic periods beginning after such date. SEC. 4. EXPANSION OF STUDENT LOAN INTEREST DEDUCTION. (a) Per Student Basis.-- (1) In general.--Section 221(b)(1) of the Internal Revenue Code of 1986 (relating to maximum deduction) is amended by inserting ``with respect to qualified education loans of each eligible student'' after ``paragraph (2),''. (2) Effective date.--The amendment made by this subsection shall apply with respect to any loan interest paid after December 31, 2001, in taxable years ending after such date. (b) Elimination of 60-Month Limit.-- (1) In general.--Section 221 of the Internal Revenue Code of 1986 (relating to interest on education loans) is amended by striking subsection (d) and by redesignating subsections (e), (f), and (g) as subsections (d), (e), and (f), respectively. (2) Conforming amendment.--Section 6050S(e) of such Code is amended by striking ``section 221(e)(1)'' and inserting ``section 221(d)(1)''. (3) Effective date.--The amendments made by this subsection shall apply with respect to any loan interest paid after December 31, 2001, in taxable years ending after such date. (c) Increase in Income Limitation.-- (1) In general.--Section 221(b)(2)(B) of the Internal Revenue Code of 1986 (relating to amount of reduction) is amended by striking clauses (i) and (ii) and inserting the following: ``(i) the excess of-- ``(I) the taxpayer's modified adjusted gross income for such taxable year, over ``(II) $40,000 ($80,000 in the case of a joint return), bears to ``(ii) $15,000 ($20,000 in the case of a joint return).''. (2) Conforming amendment.--Section 221(g)(1) of such Code is amended by striking ``$60,000'' and inserting ``$80,000''. (3) Effective date.--The amendments made by this subsection shall apply to taxable years ending after December 31, 2001. SEC. 5. PELL GRANTS. Section 401(b)(2)(A) of the Higher Education Act of 1965 (20 U.S.C. 1070a(b)(2)(A)) is amended-- (1) in clause (iii), by striking ``$5,100'' and inserting ``$5,800''; and (2) in clause (iv), by striking ``$5,400'' and inserting ``$5,800''.

College Tuition Assistance Act of 2001 - Amends the Internal Revenue Code to allow an income-based deduction ($5,000 maximum for 2002; $10,000 maximum for 2003 and thereafter) for qualifying higher education tuition and related expenses on behalf of an individual who can be claimed as a personal exemption by a taxpayer.Increases the: (1) lifetime learning credit to 28 percent of qualified education expenses; and (2) related income eligibility levels.Eliminates specified needs-based educational assistance under the Higher Education Act of 1965 from financial eligibility computations for such credit and the hope scholarship credit.Amends education loan interest provisions to: (1) eliminate the 60-month deductibility limit; (2) increase joint filer income eligibility levels; and (3) apply deductibility limits on a per student basis.Amends the Higher Education Act of 1965 to increase Federal Pell grant amounts for academic years 2001-2002 and 2002-2003.

A bill to amend the Internal Revenue Code of 1986 to provide assistance to students and families coping with the costs of higher education, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterinary Services Investment Act''. SEC. 2. VETERINARY SERVICES AND OUTREACH GRANT PROGRAM. The National Agricultural Research, Extension, and Teaching Policy Act of 1977 is amended by inserting after section 1415A (7 U.S.C. 3151a) the following: ``SEC. 1415B. VETERINARY SERVICES AND OUTREACH GRANT PROGRAM. ``(a) Definitions.--In this section: ``(1) Qualified entity.--The term `qualified entity' means the following: ``(A) A for-profit or nonprofit entity located in the United States that operates a veterinary clinic providing veterinary services-- ``(i) in a rural area, as defined in section 1393(a)(2) of the Internal Revenue Code of 1986; or ``(ii) in response to a veterinarian shortage situation. ``(B) A State, national, allied, or regional veterinary organization or specialty board recognized by the American Veterinary Medical Association. ``(C) A college or school of veterinary medicine accredited by the American Veterinary Medical Association. ``(D) A university research foundation or veterinary medical foundation. ``(E) A department of veterinary science or department of comparative medicine at an accredited institution of higher education recognized by the Department of Education. ``(F) A State agricultural experiment station. ``(G) A State, local, or tribal government agency. ``(2) Veterinarian shortage situation.--The term `veterinarian shortage situation' means a veterinarian shortage situation determined by the Secretary under section 1415A(b). ``(b) Establishment of Program.-- ``(1) Competitive grants.--The Secretary shall carry out a program to make competitive grants to qualified entities described in paragraph (2) for the purpose of developing, implementing, and sustaining veterinary services. ``(2) Eligibility requirements.--To be eligible for a grant under this section, a qualified entity shall carry out programs or activities that the Secretary determines will-- ``(A) substantially relieve veterinary shortage situations; ``(B) support or facilitate private veterinary practices engaged in public health activities; or ``(C) support or facilitate practices of veterinarians who are participating in, or have successfully completed, a service requirement under section 1415A. ``(c) Award Processes and Preferences.-- ``(1) Application, evaluation, and input processes.--In administering the grant program under this section, the Secretary shall-- ``(A) use an appropriate application and evaluation process; and ``(B) seek the input of interested persons. ``(2) Grant preferences.--In selecting qualified entities to receive a grant under this section, the Secretary shall give a preference to qualified entities that-- ``(A) document coordination between or with-- ``(i) a State, national, allied, or regional veterinary organization, a specialty board, or veterinary medical association recognized by the American Veterinary Medical Association; ``(ii) the applicable accredited veterinary education institution or department of veterinary science or department of comparative medicine at an accredited institution of higher education recognized by the Department of Education; or ``(iii) the applicable State veterinarian or animal health official (or equivalent official); and ``(B) will use the grant funds to help to meet veterinary workforce or food protection needs. ``(3) Additional preferences.--In awarding grants under this section, the Secretary may develop additional preferences by taking into account-- ``(A) the amount of funds available for grants; and ``(B) the purposes for which the grant funds will be used. ``(4) Applicability of other provisions.--Sections 1413B, 1462(a), and subsections (a)(3) and (c) of section 1469 shall apply to the administration of the grant program under this section. ``(d) Cost-Sharing Requirements.-- ``(1) Recipient share.--A grant recipient shall provide matching non-Federal funds, either in the form of cash or in- kind contributions, in an amount equal to not less than 25 percent of the Federal funds provided in a grant under this section. ``(2) Waiver.--The Secretary may establish, by regulation, conditions under which the cost-sharing requirements of paragraph (1) may be reduced or waived. ``(e) Use of Grant To Relieve Veterinary Shortage Situations and Support Veterinary Services.--Funds provided by grants under this section may be used for the following purposes to relieve veterinary shortage situations and support veterinary services: ``(1) Grants to promote recruitment, placement, and retention of-- ``(A) veterinarians; ``(B) veterinary technicians; ``(C) students of veterinary medicine; and ``(D) students of veterinary technology. ``(2) Grants to assist veterinarians with establishing or expanding practices for the purposes of-- ``(A) equipping veterinary offices; ``(B) sharing in the overhead costs of the practices; or ``(C) establishing mobile veterinary facilities at which at least a portion of the facilities will address education or extension needs. ``(3) Financial assistance for veterinary students, veterinary interns, externs, fellows, and residents, and veterinary technician students to attend training programs in food safety or food animal medicine to cover expenses other than tuition. ``(4) Programs establishing or expanding accredited veterinary education programs, veterinary residency and fellowship programs, or veterinary internship and externship programs in coordination with accredited colleges of veterinary medicine. ``(5) Programs for tele-veterinary medicine at practices that contribute to veterinary extension, education, or research. ``(6) Support the ability of the office or position of a State veterinarian or animal health official to coordinate veterinary services and food protection issues described in paragraphs (1) through (5). ``(7) Assessments of veterinarian shortage situations and preparation of applications for designation as a shortage situation. ``(8) Programs in continuing education and extension (including distance-based education) for veterinarians, veterinary technicians, and other health professionals needed to strengthen veterinary programs and enhance food safety. ``(9) Faculty recruitment and retention programs at accredited colleges of veterinary medicine. ``(10) Programs, in coordination with universities or local educational agencies, to encourage students in secondary schools to pursue a career in veterinary medicine or science professions. ``(f) Prohibition on Use of Grant Funds for Construction.--Funds made available for grants under this section shall not be used for the construction of a new building or facility or the acquisition, expansion, remodeling, or alteration of an existing building of facility, including site grading and improvement and architect fees. ``(g) Implementation.--Not later than 1 year after the date of enactment of this section, the Secretary shall promulgate regulations to implement the grant program authorized under this section. ``(h) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section for fiscal year 2011 and each fiscal year thereafter.''.

Veterinary Services Investment Act - Amends The National Agricultural Research, Extension, and Teaching Policy Act of 1977 to direct the Secretary of Agriculture carry out a grant program to develop, implement, and sustain veterinary services and relieve veterinary shortage situations.

A bill to amend the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to establish a grant program to promote efforts to develop, implement, and sustain veterinary services, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``School Construction Act of 1998''. SEC. 2. INCENTIVES FOR PUBLIC SCHOOL CONSTRUCTION. (a) In General.--Part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to credits against tax) is amended by inserting after subpart G the following new subpart: ``Subpart H--Credit to Holders of Qualified Public School Construction Bonds. ``Sec. 54. Credit to holders of qualified public school construction bonds. ``Sec. 54A. Qualified public school construction bonds. ``SEC. 54. CREDIT TO HOLDERS OF QUALIFIED PUBLIC SCHOOL CONSTRUCTION BONDS. ``(a) Allowance of Credit.--In the case of a taxpayer who holds a qualified public 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.-- ``(1) In general.--The amount of the credit determined under this subsection with respect to any qualified public school construction bond is the amount equal to the product of-- ``(A) the credit rate determined by the Secretary under paragraph (2) for the month in which such bond was issued, multiplied by ``(B) the face amount of the bond held by the taxpayer on the credit allowance date. ``(2) Determination.--During each calendar month, the Secretary shall determine a credit rate which shall apply to bonds issued during the following calendar month. The credit rate for any month is the percentage which the Secretary estimates will on average permit the issuance of qualified public school construction bonds without discount and without interest cost to the issuer. ``(c) Limitation Based on Amount of Tax.-- ``(1) In general.--The credit allowed under subsection (a) for any taxable year shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under this part (other than subpart C thereof, relating to refundable credits). ``(2) Carryover of unused credit.--If the credit allowable under subsection (a) exceeds the limitation imposed by paragraph (1) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. ``(d) Definitions.--For purposes of this subpart-- ``(1) Credit allowance date.--The term `credit allowance date' means, with respect to any issue, the last day of the 1- year period beginning on the date of issuance of such issue and the last day of each successive 1-year period thereafter. ``(2) Bond.--The term `bond' includes any obligation. ``(3) State.--The term `State' includes the District of Columbia and any possession of the United States. ``(4) Public school facility.--The term `public school facility' shall not include any stadium or other facility primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public. ``(e) Credit Included in Gross Income.--Gross income includes the amount of the credit allowed to the taxpayer under this section and the amount so included shall be treated as interest income. ``(f) Bonds Held By Regulated Investment Companies.--If any qualified public school construction bond is held by a regulated investment company, the credit determined under subsection (a) shall be allowed to shareholders of such company under procedures prescribed by the Secretary. ``SEC. 54A. QUALIFIED PUBLIC SCHOOL CONSTRUCTION BONDS. ``(a) Qualified Public School Construction Bond.--For purposes of this subpart-- ``(1) In general.--The term `qualified public 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 the construction, rehabilitation, or repair of a public school facility, ``(B) the bond is issued by a State or local government within the jurisdiction of which such school is located, ``(C) the issuer designates such bond for purposes of this section, and ``(D) the term of each bond which is part of such issue does not exceed 15 years. ``(2) Temporary period exception.--A bond shall not be treated as failing to meet the requirement of paragraph (1)(A) solely by reason of the fact that the proceeds of the issue of which such bond is a part are invested for a reasonable temporary period (but not more than 36 months) until such proceeds are needed for the purpose for which such issue was issued. Any earnings on such proceeds during such period shall be treated as proceeds of the issue for purposes of applying paragraph (1)(A). ``(b) Limitation on Amount of Bonds Designated.--The maximum aggregate face amount of bonds issued during any calendar year which may be designated under subsection (a) by any issuer shall not exceed the limitation amount allocated under subsection (d) for such calendar year to such issuer. ``(c) National Limitation on Amount of Bonds Designated.--There is a national qualified school construction bond limitation for each calendar year. Such limitation is-- ``(1) $3,600,000,000 for 1999, ``(2) $3,600,000,000 for 2000, and ``(3) except as provided in subsection (e), zero after 2000. ``(d) Allocation of Limitation Among States.-- ``(1) In general.--The Secretary shall allocate the national qualified school construction bond limitation for any calendar year among the States with projected enrollment increases. The amount allocated to a State under the preceding sentence shall be allocated by the State education agency to issuers within such State and such allocations may be made only if there is an approved State application. ``(2) Allocation formula.-- ``(A) In general.--The national qualified school construction bond limitation shall be allocated among the States with projected enrollment increases in proportion to their respective shares of the national projected enrollment increase. ``(B) Projected enrollment increase.--The amount of projected enrollment increase for the United States or any State is the amount of the increase (as projected by the Secretary of Education using data as of January 1, 1998) in enrollment in public elementary and secondary schools in the United States or in such State (as the case may be) during the 10-year period beginning with 1997. ``(3) Approved state application.--For purposes of paragraph (1), the term `approved State application' means an application which is approved by the Secretary of Education and which includes-- ``(A) the results of a recent publicly-available survey (undertaken by the State with the involvement of local education officials, members of the public, and experts in school construction and management) of such State's needs for public school facilities, including descriptions of-- ``(i) health and safety problems at such facilities, ``(ii) the capacity of public schools in the State to house projected enrollments, and ``(iii) the extent to which the public schools in the State offer the physical infrastructure needed to provide a high-quality education to all students, and ``(B) a description of how the State will allocate to local educational agencies, or otherwise use, its allocation under this subsection to address the needs identified under subparagraph (A), including a description of how it will-- ``(i) give priority to localities experiencing the largest increases in enrollment, ``(ii) use its allocation under this subsection to assist localities that lack the fiscal capacity to issue bonds on their own, and ``(iii) ensure that its allocation under this subsection is used only to supplement, and not supplant, the amount of school construction, rehabilitation, and repair in the State that would have occurred in the absence of such allocation. Any allocation under paragraph (1) by a State education agency shall be binding if such agency reasonably determined that the allocation was in accordance with the plan approved under this paragraph. ``(e) Carryover of Unused Limitation.--If for any calendar year-- ``(1) the amount allocated under subsection (d) to any State, exceeds ``(2) the amount of bonds issued during such year which are designated under subsection (a) pursuant to such allocation, the limitation amount under such subsection for such State for the following calendar year shall be increased by the amount of such excess. The subsection shall not apply if such following calendar year is after 2002.'' (b) Reporting.--Subsection (d) of section 6049 of such Code (relating to returns regarding payments of interest) is amended by adding at the end the following new paragraph: ``(8) Reporting of credit on qualified public school construction bonds.-- ``(A) In general.--For purposes of subsection (a), the term `interest' includes amounts includible in gross income under section 54(e) and such amounts shall be treated as paid on the credit allowance date (as defined in section 54(d)(1)). ``(B) Reporting to corporations, etc.--Except as otherwise provided in regulations, in the case of any interest described in subparagraph (A) of this paragraph, subsection (b)(4) of this section shall be applied without regard to subparagraphs (A), (H), (I), (J), (K), and (L)(i). ``(C) Regulatory authority.--The Secretary may prescribe such regulations as are necessary or appropriate to carry out the purposes of this paragraph, including regulations which require more frequent or more detailed reporting.'' (c) Clerical Amendment.--The table of subparts for part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Subpart H. Credit to holders of qualified public school construction bonds.''. (d) Effective Date.--The amendments made by this section shall apply to obligations issued after December 31, 1998.

School Construction Act of 1998 - Amends the Internal Revenue Code to: (1) allow a limited tax credit to holders of qualified public school construction bonds as an incentive for public school construction; (2) include in gross income the amount of such credit, which shall be treated as interest income; and (3) establish a national qualified school construction bond limitation for each calendar year, to be allocated among the States with projected enrollment increases.

School Construction Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Historic Lighthouse Preservation Act of 1998''. SEC. 2. PRESERVATION OF HISTORIC LIGHT STATIONS. Title III of the National Historic Preservation Act (16 U.S.C. 470w-470w-6) is amended by adding at the end the following new section: ``Sec. 308. Historic lighthouse preservation ``(a) In General.--In order to provide a national historic light station program, the Secretary shall-- ``(1) collect and disseminate information concerning historic light stations, including historic lighthouses and associated structures; ``(2) foster educational programs relating to the history, practice, and contribution to society of historic light stations; ``(3) sponsor or conduct research and study into the history of light stations; ``(4) maintain a listing of historic light stations; and ``(5) assess the effectiveness of the program established by this section regarding the conveyance of historic light stations. ``(b) Conveyance of Historic Light Stations.-- ``(1) Within one year of the date of enactment of this section, the Secretary and the Administrator of General Services (hereinafter Administrator) shall establish a process for identifying, and selecting, an eligible entity to which a historic light station could be conveyed for education, park, recreation, cultural, or historic preservation purposes. ``(2) The Secretary shall review all applicants for the conveyance of a historic light station, when the historic light station has been identified as excess to the needs of the agency with administrative jurisdiction over the historic light station, and forward to the Administrator a single approved application for the conveyance of the historic light station. When selecting an eligible entity, the Secretary may consult with the State Historic Preservation Officer of the state in which the historic light station is located. A priority of consideration shall be afforded public entities that submit applications in which the public entity enters into a partnership with a nonprofit organization whose primary mission is historic light station preservation. ``(3)(A) Except as provided in paragraph (B), the Administrator shall convey, by quit claim deed, without consideration, all right, title, and interest of the United States in and to the historic light station, subject to the conditions set forth in subsection (c). The conveyance of a historic light station under this section shall not be subject to the provisions of 42 U.S.C. 11301 et seq. ``(B)(i) Historic light stations located within the exterior boundaries of a unit of the National Park System or a refuge within the National Wildlife Refuge System shall be conveyed or sold only with the approval of the Secretary. ``(ii) If the Secretary approves the conveyance or sale of a historic light station referenced in this paragraph, such conveyance or sale shall be subject to the conditions set forth in subsection (c) and any other terms or conditions the Secretary considers necessary to protect the resources of the park unit or wildlife refuge. ``(iii) For those historic light stations referenced in this paragraph, the Secretary is encouraged to enter cooperative agreements with appropriate eligible entities, as provided in this Act, to the extent such cooperative agreements are consistent with the Secretary's responsibilities to manage and administer the park unit or wildlife refuge, as appropriate. ``(c) Terms of Conveyance.-- ``(1) The conveyance of a historic light station shall be made subject to any conditions the Administrator considers necessary to ensure that-- ``(A) the lights, antennas, sound signal, electronic navigation equipment, and associated light station equipment located at the historic light station, which are active aids to navigation, shall continue to be operated and maintained by the United States for as long as needed for this purpose; ``(B) the eligible entity to which the historic light station is conveyed under this section shall not interfere or allow interference in any manner with aids to navigation without the express written permission of the head of the agency responsible for maintaining the aids to navigation; ``(C) there is reserved to the United States the right to relocate, replace, or add any aid to navigation located at the historic light station as may be necessary for navigation purposes; ``(D) the eligible entity to which the historic light station is conveyed under this section shall maintain the historic light station in accordance with the National Historic Preservation Act of 1966, 16 U.S.C. 470-470x, the Secretary of the Interior's Standards for the Treatment of Historic Properties, and other applicable laws; ``(E) the eligible entity to which the historic light station is conveyed under this section shall make the historic light station available for education, park, recreation, cultural or historic preservation purposes for the general public at reasonable times and under reasonable conditions; and ``(F) the United States shall have the right, at any time, to enter the historic light station without notice for purposes of maintaining and inspecting aids to navigation and ensuring compliance with paragraph (C), to the extent that it is not possible to provide advance notice. ``(2) The Secretary, the Administrator, and any eligible entity to which a historic light station is conveyed under this section, shall not be required to maintain any active aids to navigation associated with a historic light station. ``(3) In addition to any term or condition established pursuant to this subsection, the conveyance of a historic light station shall include a condition that the historic light station in its existing condition, at the option of the Administrator, revert to the United States if-- ``(A) the historic light station or any part of the historic light station ceases to be available for education, park, recreation, cultural, or historic preservation purposes for the general public at reasonable times and under reasonable conditions which shall be set forth in the eligible entity's application; ``(B) the historic light station or any part of the historic light station ceases to be maintained in a manner that ensures its present or future use as an aid to navigation or compliance with the National Historic Preservation Act, 16 U.S.C. 470-470x, the Secretary of the Interior's Standards for the Treatment of Historic Properties, and other applicable laws; or ``(C) at least 30 days before the reversion, the Administrator provides written notice to the owner that the historic light station is needed for national security purposes. ``(d) Description of Property.--The Administrator shall prepare the legal description of any historic light station conveyed under this section. The Administrator may retain all right, title, and interest of the United States in and to any historical artifact, including any lens or lantern, that is associated with the historic light station and located at the light station at the time of conveyance. All conditions placed with the deed of title to the historic light station shall be construed as covenants running with the land. No submerged lands shall be conveyed to nonfederal entities. ``(e) Responsibilities of Conveyees.--Each eligible entity to which a historic light station is conveyed under this section shall use and maintain the historic light station in accordance with this section, and have such conditions recorded with the deed of title to the historic light station. ``(f) Definitions.--For purposes of this section: ``(1) Historic light station.--The term `historic light station' includes the light tower, lighthouse, keepers dwelling, garages, storage sheds, oil house, fog signal building, boat house, barn, pumphouse, tramhouse support structures, piers, walkways, and related real property and improvements associated therewith; provided that the light tower or lighthouse shall be included in or eligible for inclusion in the National Register of Historic Places. ``(2) Eligible entity.--The term `eligible entity' shall mean-- ``(A) any department or agency of the Federal government; or ``(B) any department or agency of the state in which the historic light station is located, the local government of the community in which the historic light station is located, nonprofit corporation, educational agency, or community development organization that-- ``(i) has agreed to comply with the conditions set forth in subsection (c) and to have such conditions recorded with the deed of title to the historic light station; ``(ii) is financially able to maintain the historic light station in accordance with the conditions set forth in subsection (c); and ``(iii) can indemnify the Federal government to cover any loss in connection with the historic light station, or any expenses incurred due to reversion.''. SEC. 3. SALE OF SURPLUS LIGHT STATIONS. Title III of the National Historic Preservation Act (16 U.S.C. 470w-470w-6) is amended by adding at the end the following new section: ``Sec. 309. Historic light station sales ``In the event no applicants are approved for the conveyance of a historic light station pursuant to section 308, the historic light station shall be offered for sale. Terms of such sales shall be developed by the Administrator of General Services. Conveyance documents shall include all necessary covenants to protect the historical integrity of the historic light station and ensure that any active aids to navigation located at the historic light station are operated and maintained by the United States for as long as needed for that purpose. Net sale proceeds shall be transferred to the National Maritime Heritage Grant Program, established by the National Maritime Heritage Act of 1994, Pub. L. 103-451, within the Department of the Interior.''. SEC. 4. TRANSFER OF HISTORIC LIGHT STATIONS TO FEDERAL AGENCIES. Title III of the National Historic Preservation Act of 1966, 16 U.S.C. 470-470x, is amended by adding at the end the following new section: ``Sec. 310. Transfer of historic light stations to Federal agencies ``After the date of enactment of this section, any department or agency of the Federal government, to which a historic light station is conveyed, shall maintain the historic light station in accordance with the National Historic Preservation Act of 1966, 16 U.S.C. 470-470x, the Secretary of the Interior's Standards for the Treatment of Historic Properties, and other applicable laws.''. SEC. 5. FUNDING. There are hereby authorized to be appropriated to the Secretary of the Interior such sums as may be necessary to carry out this Act. Passed the Senate July 17, 1998. Attest: GARY SISCO, Secretary.

National Historic Lighthouse Preservation Act of 1998 - Amends the National Historic Preservation Act to direct the Secretary of the Interior, in order to provide a national historic light station program, to: (1) collect and disseminate information concerning such stations; (2) foster educational programs relating to the history, practice, and contribution to society of such stations; (3) sponsor or conduct research and study into the history of such stations; (4) maintain a listing of such stations; and (5) assess the effectiveness of the program regarding the conveyance of such stations. Directs the Secretary and the Administrator of General Services to establish a process for identifying and selecting an eligible entity to which a station could be conveyed for education, park, recreation, cultural, and historic preservation purposes. Requires: (1) the Secretary to review all applicants for the conveyance of a station identified as excess to an agency's needs and forward to the Administrator a single approved application for such station; (2) the Administrator to convey such station, subject to specified conditions that include a requirement that active aids to navigation continue to be operated and maintained by the United States if considered necessary by the Administrator; and (3) subject to the same conditions and any other terms or conditions the Secretary considers necessary to protect the resources of the park unit or wildlife refuge, the Secretary's approval before the conveyance or sale of such stations located within the exterior boundaries of a National Park System unit or a refuge within the National Wildlife Refuge System. Requires: (1) a station to be offered for sale in accordance with terms developed by the Administrator if no applicants are approved for conveyance; and (2) net sale proceeds to be transferred to the National Maritime Heritage Grant Program. Requires any Federal department or agency to which a station is conveyed to maintain the station in accordance with the National Historic Preservation Act of 1966 and the Secregtary's Standards for the Treatment of Historic Properties, and other applicable laws. Authorizes appropriations.

National Historic Lighthouse Preservation Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mental Health Access Improvement Act of 2017''. SEC. 2. COVERAGE OF MARRIAGE AND FAMILY THERAPIST SERVICES AND MENTAL HEALTH COUNSELOR SERVICES UNDER PART B OF THE MEDICARE PROGRAM. (a) Coverage of Services.-- (1) In general.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (A) in subparagraph (FF), by striking ``and'' after the semicolon at the end; (B) in subparagraph (GG), by inserting ``and'' after the semicolon at the end; and (C) by adding at the end the following new subparagraph: ``(HH) marriage and family therapist services (as defined in subsection (jjj)(1)) and mental health counselor services (as defined in subsection (jjj)(3));''. (2) Definitions.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Marriage and Family Therapist Services; Marriage and Family Therapist; Mental Health Counselor Services; Mental Health Counselor ``(jjj)(1) The term `marriage and family therapist services' means services performed by a marriage and family therapist (as defined in paragraph (2)) for the diagnosis and treatment of mental illnesses, which the marriage and family therapist is legally authorized to perform under State law (or the State regulatory mechanism provided by State law) of the State in which such services are performed, as would otherwise be covered if furnished by a physician or as an incident to a physician's professional service, but only if no facility or other provider charges or is paid any amounts with respect to the furnishing of such services. ``(2) The term `marriage and family therapist' means an individual who-- ``(A) possesses a master's or doctoral degree which qualifies for licensure or certification as a marriage and family therapist pursuant to State law; ``(B) after obtaining such degree has performed at least 2 years of clinical supervised experience in marriage and family therapy; and ``(C) in the case of an individual performing services in a State that provides for licensure or certification of marriage and family therapists, is licensed or certified as a marriage and family therapist in such State. ``(3) The term `mental health counselor services' means services performed by a mental health counselor (as defined in paragraph (4)) for the diagnosis and treatment of mental illnesses which the mental health counselor is legally authorized to perform under State law (or the State regulatory mechanism provided by the State law) of the State in which such services are performed, as would otherwise be covered if furnished by a physician or as incident to a physician's professional service, but only if no facility or other provider charges or is paid any amounts with respect to the furnishing of such services. ``(4) The term `mental health counselor' means an individual who-- ``(A) possesses a master's or doctor's degree in mental health counseling or a related field; ``(B) after obtaining such a degree has performed at least 2 years of supervised mental health counselor practice; and ``(C) in the case of an individual performing services in a State that provides for licensure or certification of mental health counselors or professional counselors, is licensed or certified as a mental health counselor or professional counselor in such State.''. (3) Provision for payment under part b.--Section 1832(a)(2)(B) of the Social Security Act (42 U.S.C. 1395k(a)(2)(B)) is amended by adding at the end the following new clause: ``(v) marriage and family therapist services (as defined in section 1861(jjj)(1)) and mental health counselor services (as defined in section 1861(jjj)(3));''. (4) Amount of payment.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) by striking ``and (BB)'' and inserting ``(BB)''; and (B) by inserting before the semicolon at the end the following: ``, and (CC) with respect to marriage and family therapist services and mental health counselor services under section 1861(s)(2)(HH), the amounts paid shall be 80 percent of the lesser of the actual charge for the services or 75 percent of the amount determined for payment of a psychologist under subparagraph (L)''. (5) Exclusion of marriage and family therapist services and mental health counselor services from skilled nursing facility prospective payment system.--Section 1888(e)(2)(A)(ii) of the Social Security Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended by inserting ``marriage and family therapist services (as defined in section 1861(jjj)(1)), mental health counselor services (as defined in section 1861(jjj)(3)),'' after ``qualified psychologist services,''. (6) Inclusion of marriage and family therapists and mental health counselors as practitioners for assignment of claims.-- Section 1842(b)(18)(C) of the Social Security Act (42 U.S.C. 1395u(b)(18)(C)) is amended by adding at the end the following new clauses: ``(vii) A marriage and family therapist (as defined in section 1861(jjj)(2)). ``(viii) A mental health counselor (as defined in section 1861(jjj)(4)).''. (b) Coverage of Certain Mental Health Services Provided in Certain Settings.-- (1) Rural health clinics and federally qualified health centers.--Section 1861(aa)(1)(B) of the Social Security Act (42 U.S.C. 1395x(aa)(1)(B)) is amended by striking ``or by a clinical social worker (as defined in subsection (hh)(1))'' and inserting ``, by a clinical social worker (as defined in subsection (hh)(1)), by a marriage and family therapist (as defined in subsection (jjj)(2)), or by a mental health counselor (as defined in subsection (jjj)(4))''. (2) Hospice programs.--Section 1861(dd)(2)(B)(i)(III) of the Social Security Act (42 U.S.C. 1395x(dd)(2)(B)(i)(III)) is amended by inserting ``, marriage and family therapist, or mental health counselor'' after ``social worker''. (c) Authorization of Marriage and Family Therapists and Mental Health Counselors To Develop Discharge Plans for Post-Hospital Services.--Section 1861(ee)(2)(G) of the Social Security Act (42 U.S.C. 1395x(ee)(2)(G)) is amended by inserting ``, including a marriage and family therapist and a mental health counselor who meets qualification standards established by the Secretary'' before the period at the end. (d) Effective Date.--The amendments made by this section shall apply with respect to services furnished on or after January 1, 2018.

Mental Health Access Improvement Act of 2017 This bill amends title XVIII (Medicare) of the Social Security Act to: (1) cover marriage and family therapist services and mental health counselor services under Medicare, (2) exclude such services from the skilled nursing facility prospective payment system, and (3) authorize marriage and family therapists and mental health counselors to develop discharge plans for post-hospital services.

Mental Health Access Improvement Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Police Pursuit Policy Act of 1995''. SEC. 2. FINDINGS. The Congress finds that-- (1) accidents occurring as a result of high speed motor vehicle pursuits of fleeing motor vehicles by law enforcement officers are becoming increasingly common across the United States; (2) the extent of the problem of those pursuits is evident despite significant underreporting; (3) because the problem of those pursuits is extensive, it is essential for all law enforcement agencies to develop and implement policies and training procedures for dealing with high speed motor vehicle pursuits; (4) a high speed motor vehicle pursuit in a community by a law enforcement officer should be treated in the same manner as the firing of a police firearm because a high speed motor vehicle pursuit involves the use of a deadly force with the potential for causing harm or death to pedestrians and motorists; (5) the Federal Government should provide an incentive for States to enact laws to prevent high speed motor vehicle pursuits; (6) to demonstrate leadership in response to the national problem of high speed motor vehicle pursuits, all Federal law enforcement agencies should-- (A) develop policies and procedures governing motor vehicle pursuits; and (B) provide assistance to State and local law enforcement agencies in instituting such policies and procedures and in conducting training; and (7) the policies referred to in paragraph (6) should balance reasonably the need-- (A) to apprehend promptly dangerous criminals; and (B) to address the threat to the safety of the general public posed by high speed pursuits. SEC. 3. MOTOR VEHICLE PURSUIT REQUIREMENTS FOR STATE HIGHWAY SAFETY PROGRAMS. Section 402(b)(1) of title 23, United States Code, is amended-- (1) in each of subparagraphs (A) through (D), by striking the period at the end and inserting a semicolon; (2) in subparagraph (E), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(F) on and after January 1, 1997, have in effect throughout the State-- ``(i) a law that-- ``(I) makes it unlawful for the driver of a motor vehicle to increase speed or to take any other deliberately evasive action if a law enforcement officer clearly signals the driver to stop the motor vehicle; and ``(II) provides that any driver who violates that law shall be subject to a minimum penalty of-- ``(aa) imprisonment for a period of not less 3 months; and ``(bb) seizure of the motor vehicle at issue; and ``(ii) a requirement that each State agency and each agency of a political subdivision of the State that employs law enforcement officers who, in the course of employment, may conduct a motor vehicle pursuit shall-- ``(I) have in effect a policy that meets requirements that the Secretary shall establish concerning the manner and circumstances in which a motor vehicle pursuit may be conducted by law enforcement officers; ``(II) train all law enforcement officers of the agency in accordance with the policy referred to in subclause (I); and ``(III) for each fiscal year, transmit to the chief executive officer of the State a report containing information on each motor vehicle pursuit conducted by a law enforcement officer of the agency.''. SEC. 4. REPORTING REQUIREMENT. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Attorney General of the United States, the Secretary of Agriculture, the Secretary of the Interior, the Secretary of the Treasury, the Chief of the Capitol Police, and the Administrator of General Services shall each transmit to the Congress a report containing-- (1) the policy of the department or agency headed by that individual concerning motor vehicle pursuits by law enforcement officers of that department or agency; and (2) a description of the procedures that the department or agency uses to train law enforcement officers in the implementation of the policy referred to in paragraph (1). (b) Requirement.--Each policy referred to in subsection (a)(1) shall meet the requirements established by the Secretary of Transportation pursuant to section 402(b)(1)(F)(ii)(I) of title 23, United States Code, concerning the manner and circumstances in which a motor vehicle pursuit may be conducted.

National Police Pursuit Policy Act of 1995 - Prohibits the Secretary of Transportation from approving the highway safety program of a State that does not have in effect: (1) a law that makes it unlawful for the driver of a motor vehicle to increase speed or to take any other deliberately evasive action if a law enforcement officer clearly signals the driver to stop the motor vehicle and that subjects any driver who violates that law to a minimum penalty of three months' imprisonment and seizure of the motor vehicle; and (2) a requirement that each State and local agency that employs law enforcement officers who may conduct a motor vehicle pursuit have a policy that meets guidelines set by the Secretary, train all law enforcement officers in accordance with that policy, and submit to the chief executive officer of the State a report containing information regarding each motor vehicle pursuit. Requires the U.S. Attorney General, the Secretary of Agriculture, the Secretary of the Interior, the Secretary of the Treasury, the Chief of the Capitol Police, and the Administrator of General Services to report to the Congress on each such entity's motor vehicle pursuit policy and the procedures used to train law enforcement officers to implement that policy. Requires each such policy to meet the policy requirements of State programs under this Act.

National Police Pursuit Policy Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Choice for America's Seniors Act of 2006''. SEC. 2. SIX-MONTH EXTENSION OF 2006 INITIAL ENROLLMENT PERIOD FOR MEDICARE PRESCRIPTION DRUG PLANS AND MA PLANS. (a) In General.--Section 1851(e)(3)(B)(iii) of the Social Security Act (42 U.S.C. 1395w-21(e)(3)(B)(iii)) is amended by striking ``May 15, 2006'' and inserting ``November 14, 2006''. (b) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173). SEC. 3. SUSPENSION OF MEDICARE PRESCRIPTION DRUG LATE ENROLLMENT PENALTY DURING 2006. (a) In General.--Section 1860D-13(b)(3)(B) of the Social Security Act (42 U.S.C. 1395w-113(b)(3)(B)) is amended by inserting ``(after December 2006)'' after ``any month''. (b) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173). SEC. 4. CHANGES OF ENROLLMENT IN PRESCRIPTION DRUG PLANS AND MA PLANS ALLOWED TWICE DURING YEAR. (a) Additional Election Permitted Once Each Year Outside of Annual Coordinated Election Period.--Section 1851(e)(4) of the Social Security Act (42 U.S.C. 1395w-21(e)(4)) is amended by inserting ``once every year, and in addition,'' after ``make a new election under this section''. (b) Effective Date.--The amendment made by subsection (a) shall take effect as of the date of the enactment of this Act. SEC. 5. LIMITATION ON REMOVAL OR CHANGE OF COVERED PART D DRUGS FROM THE PRESCRIPTION DRUG PLAN FORMULARY; NOTICE OF CHANGES IN COVERAGE. (a) Limitation on Removal or Change of Covered Part D Drugs From the Prescription Drug Plan Formulary.--Section 1860D-4(b)(3)(E) of the Social Security Act (42 U.S.C. 1395w-104(b)(3)(E)) is amended to read as follows: ``(E) Removing a drug from formulary or imposing a restriction or limitation on coverage.-- ``(i) Limitation on removal, limitation, or restriction.-- ``(I) In general.--Subject to subclause (II) and clause (ii), beginning with 2006, the PDP sponsor of a prescription drug plan may not remove a covered part D drug from the plan formulary or impose a restriction or limitation on the coverage of such a drug (such as through the application of a preferred status, usage restriction, step therapy, prior authorization, or quantity limitation) other than at the beginning of each plan year except as the Secretary may permit to take into account new therapeutic uses and newly covered part D drugs. ``(II) Special rule for newly enrolled individuals.--Subject to clause (ii), in the case of an individual who enrolls in a prescription drug plan on or after the date of enactment of this subparagraph, the PDP sponsor of such plan may not remove a covered part D drug from the plan formulary or impose a restriction or limitation on the coverage of such a drug (such as through the application of a preferred status, usage restriction, step therapy, prior authorization, or quantity limitation) during the period beginning on the date of such enrollment and ending on December 31 of the immediately succeeding plan year except as the Secretary may permit to take into account new therapeutic uses and newly covered part D drugs. ``(ii) Exceptions to limitation on removal.--Clause (i) shall not apply with respect to a covered part D drug that-- ``(I) is a brand name drug for which there is a generic drug approved under section 505(j) of the Food and Drug Cosmetic Act (21 U.S.C. 355(j)) that is placed on the market during the period in which there are limitations on removal or change in the formulary under subclause (I) or (II) of clause (i) if such generic drug is included in the formulary without any restriction or limitation placed on the coverage of such generic drug other than a restriction or limitation that would be placed on the coverage of the brand name drug during such period without the application of this clause; ``(II) is a brand name drug that goes off-patent during such period; ``(III) is a drug for which the Commissioner of Food and Drugs issues a clinical warning that imposes a restriction or limitation on the drug during such period; ``(IV) is a drug that the appropriate pharmacy and therapeutic committee determines, based on evidence from peer-reviewed medical research, to be unsafe or ineffective during such period; or ``(V) is any other drug that satisfies any other requirement determined appropriate by the Secretary. ``(iii) Notice of removal under application of exception to limitation.--Not later than 90 days before a PDP sponsor of a prescription drug plan removes a covered part D drug from the plan formulary (or restricts or limits such coverage) under clause (ii), the sponsor shall provide appropriate notice (such as under subsection (a)(3)) of such removal (or restriction or limitation) to the Secretary, affected enrollees, physicians, pharmacies, and pharmacists.''. (a) Advance Notice Required for Change in Formulary and Other Restrictions or Limitations on Coverage.-- (1) In general.--Section 1860D-4(a) of the Social Security Act (42 U.S.C. 1395w-104(a)) is amended by adding at the end the following new paragraph: ``(5) Annual notice of changes in formulary and other restrictions or limitations on coverage.--Each PDP sponsor offering a prescription drug plan shall furnish to each enrollee 90 days before the time of each annual coordinated election period (referred to in section 1860D-1(b)(1)(B)(iii)) for a plan year a notice of any changes in the formulary or other restrictions or limitations on coverage of a covered part D drug under the plan that will take effect for the plan year.''. (2) Effective date.--The amendment made by paragraph (1) shall apply to annual coordinated election periods beginning after the date of the enactment of this Act, except that if this Act is enacted after September 15, 2006, and before January 1, 2007, the notice required under such section shall apply with respect to the annual coordinated election period that begins on November 15, 2006, as of such date (as soon as possible after such date of enactment) as the Secretary of Health and Human Services shall specify.

Choice for America's Seniors Act of 2006 - Amends part C (Medicare+Choice) of title XVIII (Medicare) the Social Security Act (SSA) to provide for a six-month extension of the 2006 initial enrollment period for Medicare prescription drug plans and Medicare Advantage (MA) plans. Amends SSA title XVIII part D (Voluntary Prescription Drug Benefit Program) to suspend the Medicare prescription drug late enrollment penalty during 2006. Amends SSA title XVIII part C to allow changes of enrollment in Medicare prescription drug plans and MA plans twice during the year. Amends title XVIII (Medicare) of the Social Security Act to prohibit removal of covered part D (Voluntary Prescription Drug Benefit Program) drugs from a prescription drug plan formulary, or imposition of a restriction or limitation on the coverage of such a drug, during the plan year: (1) except at the beginning; or (2) for an individual enrollee, from the date of enrollment until December 31 of the immediately succeeding plan year. Specifies exceptions to such prohibition. Requires an advance notice before the time of each annual coordinated election period for a plan year of any changes in the formulary or other restrictions or limitations on coverage of a covered part D drug that will take effect for that plan year.

To amend title XVIII of the Social Security Act to extend the 2006 initial enrollment period for the Medicare prescription drug benefit by six months, to suspend the late enrollment penalty for such benefit during 2006, to permit Medicare beneficiaries to change enrollment in a prescription drug plan once a year, and to prevent changes in formularies other than at the time of open enrollment periods and only with advance notice.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Limiting the Intrusive Miles of International Terrorist Sponsors Act of 2008'' or the ``LIMITS Act of 2008''. SEC. 2. FINDINGS. Congress finds the following: (1) Countries designated as state sponsors of terrorism represent a threat to the national security of the United States. (2) The United States is obligated to permit officials and other representatives of countries designated as state sponsors of terrorism to travel to New York City to attend meetings and conduct official business at the United Nations. (3) Individuals from countries not otherwise legally permitted to travel to the United States are given visas for delegates and representatives to the United Nations and other related diplomatic purposes. (4) In connection with the September 2007 meeting of the United Nations General Assembly, 21 delegates from Cuba, 144 delegates from Iran, 6 delegates from North Korea, 7 delegates from Syria, and 16 delegates from Sudan were issued visas by the Department of State for travel to New York City. (5) These delegates and representatives are in addition to the number of domestically assigned nationals assigned to the United States. (6) Between 2002 and 2007, the Department of State issued, with full diplomatic immunity, 1823 visas to delegates and representatives from Cuba, 2782 visas to delegates and representatives from Iran, 132 visas to delegates and representatives from North Korea, 1242 visas to delegates and representatives from Sudan, and 706 visas to delegates and representatives from Syria. (7) The delegates and representatives from Iran, North Korea, and Cuba, which are all state sponsors of terrorism, are currently permitted to travel up to 25 miles from Columbus Circle in New York City for United Nations activities, far beyond the necessary working vicinity of the United Nations, giving them access not only to Manhattan, but to surrounding cities and States. (8) The delegates and representatives from Syria and Sudan, both state sponsors of terrorism, are currently permitted to travel throughout the United States without any mileage restrictions. (9) In June 2002, November 2003, and June 2004, Iranian diplomatic personnel from the Iranian Mission to the United Nations were caught photographing and videotaping the New York City subway and other popular landmarks. (10) The Department of State expelled these individuals for being engaged in activities not consistent with their duties. (11) Issuing approximately 6685 visas over the past 5 years to personnel from countries designated as state sponsors of terrorism, without proper boundaries, creates a major security vulnerability within the United States. (12) The presence of hundreds of individuals with diplomatic immunity from countries designated as state sponsors of terrorism is overwhelming United States counterterrorism and intelligence resources. (13) The United States has an obligation to protect the American people against such threats. SEC. 3. RESTRICTION ON DIPLOMATIC TRAVEL OF OFFICIALS AND REPRESENTATIVES OF STATE SPONSORS OF TERRORISM. (a) In General.--Notwithstanding any other provision of law, and except as provided in subsections (b) and (c), the President shall restrict to the designated area the travel of officials and representatives of countries that are designated as state sponsors of terrorism who are visiting the United Nations headquarters complex in connection with official business at the United Nations headquarters complex. (b) Waiver.--The President may waive the travel restriction described in subsection (a) if the President-- (1) determines that it is in the interest of national defense of the United States to do so; and (2) submits to Congress a report that contains the reasons for such determination. (c) Exceptions.-- (1) Ingress and egress.--For purposes of this section, the restriction on travel referred to in subsection (a) shall not include travel to and from John F. Kennedy International Airport or LaGuardia Airport to the designated area in connection with meetings at the United Nations headquarters complex. Travel between the designated area and such airports shall be direct and without any intervening stops. (2) Accommodations.--For purposes of this section, the restriction on travel referred to in subsection (a) shall not include travel to and from any lodgings or other hotel accommodations in which an official or representative is staying if such lodging or other hotel accommodation is within the designated area. Such permissible travel within the designated area may be made only by land. (3) Medical emergencies.--For purposes of this section, the restriction on travel referred to in subsection (a) shall not include travel to and from New York University medical center or Bellevue Hospital Center for emergency medical care. (d) Rules of Construction.-- (1) On travel.--Nothing in this Act shall be construed to prohibit the placement of additional restrictions by the City of New York, the State of New York, or the law enforcement agencies of such City or State on the travel within the designated area of officials and representatives of countries that are designated as state sponsors of terrorism. (2) Other restrictions.--Nothing in this Act shall be construed to prohibit the placement by the President of additional restrictions on officials and representatives of countries that are designated as state sponsors or terrorism. (e) Effective Date.--This Act shall take effect on the date that is 60 days after the date of the enactment of this Act. (f) Definitions.--In this Act: (1) Designated area.--The term ``designated area'' means an area not greater than one-half of one mile (0.5 miles) in any direction on the island of Manhattan from the United Nations headquarters complex, but does not include any waterway. (2) State sponsor of terrorism.--The term ``state sponsor of terrorism'' means a country the government of which has been determined by the Secretary of State, for purposes of section 6(j) of the Export Administration Act of 1979, section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, or other provision of law, is a government that has repeatedly provided support for acts of international terrorism. (3) United nations headquarters complex.--The term ``United Nations headquarters complex'' means the complex of United Nations buildings located in the City of New York, on First Avenue between 42nd Street and 48th Street, with the street address of 760 United Nations Plaza.

Limiting the Intrusive Miles of International Terrorist Sponsors Act of 2008 or LIMITS Act of 2008 - Directs the President to restrict to the designated area the travel of officials and representatives of countries that are designated as state sponsors of terrorism who are visiting the U.N. headquarters complex in connection with official business. Authorizes presidential waiver of such restriction upon submission of a report to Congress explaining why it is in the national interest to do so. Excludes from such restriction: (1) direct travel to and from John F. Kennedy International Airport or LaGuardia Airport to the designated area in connection with meetings at the U.N. headquarters complex; (2) land travel to and from any lodgings or other hotel accommodations in which an official or representative is staying if such lodging or other hotel accommodation is within the designated area; and (3) travel to and from New York University medical center or Bellevue Hospital Center for emergency medical care. Defines: (1) "designated area"; (2) "state sponsor of terrorism"; and (3) "United Nations headquarters complex."

To restrict the diplomatic travel of officials and representatives of state sponsors of terrorism, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on Measures of Household Economic Security Act of 2008''. SEC. 2. FINDINGS. Congress finds that-- (1) Federal and State governments, policymakers, legislators, and private sector entities depend on the economic statistics that are published by the Federal Government; (2) Federal economic statistics are used, among other things-- (A) to judge our Nation's economic performance over time; and (B) to provide policymakers and legislators with the information necessary to design appropriate economic policies and other programs to address the well-being of American individuals and households; (3) questions have been raised about the sufficiency of existing reported economic measures and statistics to provide a meaningful and accurate reflection and assessment of the economic well-being of American individuals and households; (4) the most commonly reported economic statistics, such as gross domestic product, unemployment rate, and consumer price indices, do not adequately or accurately reflect the economic status of average American individuals and households; and (5) a more accurate, transparent, coherent, and comprehensive assessment of the economic well-being of American households and regular reporting of such information would allow Federal and State governments-- (A) to better track and judge the economic status of average Americans; and (B) to develop better, more accurate, and more responsive policies to address concerns that are more directly relevant to American households. SEC. 3. ESTABLISHMENT OF COMMISSION ON MEASURES OF HOUSEHOLD ECONOMIC SECURITY. (a) Establishment.--There is established the Commission on Measures of Household Economic Security (referred to in this Act as the ``Commission''). (b) Membership.-- (1) Composition.--The Commission shall be composed of 8 members of whom-- (A) 2 shall be appointed by the majority leader of the Senate, in consultation with the chairmen and ranking members of the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Banking, Housing, and Urban Affairs of the Senate, and the Joint Economic Committee, of whom 1 shall be an employee of the Bureau of Economic Analysis; (B) 2 shall be appointed by the minority leader of the Senate, in consultation with the chairmen and ranking members of the committees referred to in subparagraph (A), of whom 1 shall be an employee of the Census Bureau; (C) 2 shall be appointed by the Speaker of the House of Representatives, in consultation with the chairmen and ranking members of the Committee on Financial Services of the House of Representatives; the Committee on Ways and Means of the House of Representatives; and the Joint Economic Committee, of whom 1 shall be an employee of the Bureau of Labor Statistics; and (D) 2 shall be appointed by the minority leader of the House of Representatives, in consultation with the chairmen and ranking members of the committees referred to in subparagraph (C), of whom 1 shall be an employee of the Federal Reserve. (2) Qualifications.--Members of the Commission shall be-- (A) appointed on a nonpartisan basis; and (B) academic or government policy experts in the field of economics, statistics, or other specialty field that is directly related to the duties of the Commission described in section 4(a). (3) Date.--The members of the Commission shall be appointed not later than 60 days after the date of the enactment of this Act. (c) Period of Appointment; Vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Chairman and Vice Chairman.--The Commission shall select a Chairman and Vice Chairman from among its members. (e) Meetings.-- (1) Initial meeting.--Not later than 60 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (2) Regular meetings.--During the life of the Commission, the Commission shall meet-- (A) at the call of the Chairman; and (B) not less frequently than once every 3 months. (f) Quorum.--A majority of the members of the Commission shall constitute a quorum for purposes of transacting the business of the Commission, but a lesser number of members may hold hearings. (g) Rules.--The Commission may establish by majority vote any other rules for the conduct of the Commission's business, in accordance with the provisions of this Act and other applicable law. SEC. 4. DUTIES OF THE COMMISSION. (a) Study.--The Commission shall identify, study, and evaluate-- (1) existing economic statistics and data collected and reported by agencies of the Federal Government that describe the economic well-being of American households; (2) ways to synthesize, expand, augment, improve, and modernize the statistical measures described in paragraph (1) to provide a more accurate, transparent, coherent, and comprehensive assessment of the economic well-being of American households by-- (A) determining the cost, logistics, implementation time, and reliability of producing new statistics; (B) recommending improved standards and methodologies for measuring and reflecting the economic well-being of American individuals and households; and (C) considering the development of statistical measures to describe-- (i) the current debt situation of American individuals and households, including a description of the categories of debt, such as credit card debt, education related loans, and mortgage payments; (ii) the movement of Americans between salaried jobs with benefits to single or multiple wage jobs with limited or no benefits, including a comparison of income that includes the value of benefits programs, such as health insurance and retirement plans; (iii) the percentage of Americans who are covered by both employer-provided and individual health care plans and the extent of health care coverage per dollar paid by both employers and employees; (iv) the savings rate, including both standard savings plans and pension plans; (v) the disparity in income distribution over time and between different demographic and geographic groups; (vi) the number of Americans receiving cash or near cash transfer payments from the Federal Government and a State government and the percentage of household income represented by such benefits; and (vii) the breakdown of household expenditures between categories such as food, shelter, medical expenses, debt servicing, and energy; (D) the relevance, development, and implementation of nonmarket satellite accounts, including accounts related to-- (i) household production; (ii) investments in formal education and the resulting stock of skill capital; (iii) investments in health and the resulting stock of health capital; (iv) activities of the non-profit and volunteer sectors; and (v) environmental assets and services. (b) Consultation.--In conducting the study under this section, the Commission shall consult with relevant government leaders, representative citizen groups, and experts, including-- (1) the Chairman of the Federal Reserve Board of Governors; (2) the Secretary of Commerce; (3) the Secretary of Labor; (4) the Secretary of the Treasury; (5) the Chairman of the Council of Economic Advisers; (6) the Comptroller General of the United States; (7) the Administrator of the Environmental Protection Agency; (8) the Secretary of Health and Human Services; (9) the Director of the Bureau of Economic Analysis; (10) the Commissioner of the Bureau of Labor Statistics; (11) the Committee on National Statistics, National Research Council at the National Academies; and (12) representative groups of citizens, from sample populations selected through methodologies and procedures recommended by appropriate experts, that represent national geographic, economic, and employment diversity. (c) Report.--Not later than 18 months after the date of the first meeting of the Commission, the Commission shall submit a report to Congress that contains-- (1) a detailed statement of the findings and conclusions of the Commission; and (2) recommendations for such legislation and administrative actions as the Commission considers appropriate, including-- (A) a list of economic statistics that should be reported regularly to more accurately reflect the economic status and well-being of American households, and the uses and benefits of such statistics; (B) the costs, logistics, estimated implementation time, and reliability of producing the statistics referred to in subparagraph (A); and (C) the need for, and benefits of, establishing a standing commission after the termination of the Commission to address or recommend actions with respect to-- (i) household economic information; (ii) non-market satellite accounts; and (iii) other economic indicators and measurements that are the subject of study and evaluation by the Commission. SEC. 5. POWERS OF THE COMMISSION. (a) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this Act. (b) Information From Federal Agencies.-- (1) In general.--The Commission may secure such information directly from any Federal department or agency as the Commission determines to be necessary to carry out this Act. Upon request of the Chairman of the Commission, the head of such department or agency shall furnish such information to the Commission. (2) Confidentiality.--The Commission shall maintain the same level of confidentiality for such information made available under this subsection as is required of the head of the department or agency from which the information was obtained. (c) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (d) Contract Authority.-- (1) In general.--Subject to the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.), the Commission may enter into contracts with Federal and State agencies, private firms, institutions, and individuals for the conduct of activities necessary to the discharge of its duties and responsibilities. (2) Duration.--A contract, lease, or other legal agreement entered into by the Commission may not extend beyond the date of the termination of the Commission. SEC. 6. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.-- (1) In general.--Except as provided under paragraph (2), each member of the Commission who is not an officer or employee of the Federal Government may be compensated at a rate equal to the daily equivalent of the maximum annual rate of basic pay for level IV of the Executive Schedule under section 5316 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. (2) Federal employees.--All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (c) Staff.-- (1) In general.--The Chairman of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation.--The Chairman of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level IV of the Executive Schedule under section 5316 of such title. (3) Personnel as federal employees.-- (A) In general.--The executive director and any personnel of the Commission who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, 89A, 89B, and 90 of such title. (B) Members of board.--Subparagraph (A) may not be construed to apply to members of the Commission. (d) Detail of Government Employees.--Any Federal Government employee may be detailed to the Commission without reimbursement. Such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The Chairman of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (f) Volunteer Services.-- (1) In general.--Notwithstanding section 1342 of title 31, United States Code, the Commission may-- (A) accept and utilize the services of volunteers serving without compensation; and (B) reimburse such volunteers for local travel and office supplies, and for other travel expenses, including per diem in lieu of subsistence, in accordance with section 5703 of title 5, United States Code. (2) Status.--A person providing volunteer services to the Commission shall be considered an employee of the Federal Government in the performance of those services for the purposes of-- (A) chapter 81 of title 5, United States Code (relating to compensation for work related injuries); (B) chapter 11 of title 18, United States Code (relating to conflicts of interest); and (C) chapter 171 of title 28, United States Code (relating to tort claims). (g) Administrative Support.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities. SEC. 7. TERMINATION OF THE COMMISSION. The Commission shall terminate 90 days after the date on which the Commission submits the report under section 4(c). SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--Of the amounts made available for the Bureau of Labor Statistics for fiscal year 2009, not less than $2,500,000 shall be made available for the activities of the Commission under this Act. (b) Availability.--The amounts made available for the activities of the Commission under subsection (a) shall remain available until the date on which the Commission is terminated pursuant to section 7.

Commission on Measures of Household Economic Security Act of 2008 - Establishes a Commission on Measures of Household Economic Security to study and report to Congress on: (1) existing economic statistics and data collected and reported by federal agencies about the economic well-being of American households; and (2) ways to improve and modernize these statistical measures to provide a more accurate, transparent, coherent, and comprehensive assessment of that economic well-being.

A bill to establish the Commission on Measures of Household Economic Security to conduct a study and submit a report containing recommendations to establish and report economic statistics that reflect the economic status and well-being of American households.

SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia Personal Protection Act''. SEC. 2. CONGRESSIONAL FINDINGS. Congress finds the following: (1) The Second Amendment to the United States Constitution provides that the right of the people to keep and bear arms shall not be infringed. (2) The Second Amendment to the United States Constitution protects the rights of individuals, including those who are not members of a militia or engaged in military service or training, to keep and bear arms. (3) The law-abiding citizens of the District of Columbia are deprived by local laws of handguns, rifles, and shotguns that are commonly kept by law-abiding persons throughout the rest of the United States for sporting use and for lawful defense of persons, homes, and families. (4) The District of Columbia has the highest per capita murder rate in the Nation, which may be attributed in part to local laws prohibiting possession of firearms by law-abiding persons who would otherwise be able to defend themselves and their loved ones in their own homes and businesses. (5) The Federal Gun Control Act of 1968, as amended by the Firearms Owners' Protection Act of 1986, and the Brady Handgun Violence Prevention Act of 1993, provide comprehensive Federal regulations applicable in the District of Columbia as elsewhere. In addition, existing District of Columbia criminal laws punish possession and illegal use of firearms by violent criminals and felons. Consequently, there is no need for local laws which only disarm law-abiding citizens. (6) Legislation is required to correct the District of Columbia's law in order to restore the rights of its citizens under the Second Amendment to the United States Constitution and thereby enhance public safety. SEC. 3. REFORM D.C. COUNCIL'S AUTHORITY TO RESTRICT FIREARMS. Section 303.43 of title 1, District of Columbia Code, is amended by adding at the end the following: ``This section shall not be construed to permit the Council, the Mayor, or any governmental or regulatory authority of the District of Columbia to prohibit, constructively prohibit, or unduly burden the ability of persons otherwise permitted to possess firearms under Federal law from acquiring, possessing in their homes or businesses, or using for sporting, self-protection or other lawful purposes, any firearm neither prohibited by Federal law nor regulated by the National Firearms Act. The District of Columbia shall not have authority to enact laws or regulations that discourage or eliminate the private ownership or use of firearms.''. SEC. 4. REPEAL D.C. SEMIAUTOMATIC BAN. Section 2501.01(10) of title 7, District of Columbia Code, is amended to read as follows: ``(10) Machine gun means any firearm which shoots, is designed to shoot, or can be readily converted or restored to shoot automatically, more than 1 shot by a single function of the trigger.''. SEC. 5. REPEAL REGISTRATION REQUIREMENT. Section 2502.01 of title 7, District of Columbia Code, is amended-- (1) in subsection (a)-- (A) by striking ``, and no person or organization in the District shall possess or control any firearm, unless the person or organization holds a valid registration certificate for the firearm''; and (B) by striking beginning with ``A registration'' through paragraph (3); and (2) in subsection (b)-- (A) in paragraphs (1) and (2), by striking ``firearm or''; (B) in paragraph (2), by striking the semicolon at the end and inserting a period; and (C) by striking paragraph (3). SEC. 6. REPEAL D.C. HANDGUN BAN. Section 2502.02 of title 7, District of Columbia Code, is amended-- (1) in subsection (a)-- (A) in paragraph (2), by inserting ``or'' after the semicolon; (B) in paragraph (3), by striking ``; or'' and inserting a period; (C) by striking paragraph (4); and (D) by striking ``(a)''; and (2) by striking subsection (b). SEC. 7. REPEAL HANDGUN AMMUNITION BAN. Section 2506.01 of title 7, District of Columbia Code, is repealed. SEC. 8. RESTORE RIGHT OF SELF DEFENSE IN THE HOME. Section 2507.02 of title 7, District of Columbia Code, is repealed. SEC. 9. ADDITIONAL REPEALS. Sections 2502.03, 2502.04, 2502.05, 2502.06, 2502.07, 2502.08, 2502.09, 2502.10, and 2502.11 of title 7, District of Columbia Code, are repealed. SEC. 10. REMOVE CRIMINAL PENALTIES FOR POSSESSION OF UNREGISTERED FIREARMS. Section 2507.06 of title 7, District of Columbia Code, is amended-- (1) by striking ``that:'' through ``(1) A'' and inserting ``that a''; and (2) by striking paragraph (2). SEC. 11. REMOVE CRIMINAL PENALTIES FOR CARRYING A PISTOL IN ONE'S DWELLING OR OTHER PREMISES. Section 4504(a) of title 22, District of Columbia Code, is amended-- (1) in the matter before paragraph (1), by inserting ``, except in his dwelling house or place of business or on other land possessed by that person, whether loaded or unloaded,'' before ``a pistol''; and (2) in paragraph (1), by striking ``a pistol, without a license pursuant to District of Columbia law, or''.

District of Columbia Personal Protection Act - Amends the District of Columbia Code to provide that the D.C. Council's regulatory authority regarding firearms, explosives, and weapons in the District shall not be construed to permit the Council, the Mayor, or any governmental or regulatory authority of the District to prohibit, constructively prohibit, or unduly burden the ability of persons otherwise permitted to possess firearms under Federal law from acquiring, possessing in their homes or businesses, or using for sporting, self-protection or other lawful purposes, any firearm neither prohibited by Federal law nor regulated by the National Firearms Act. Denies the District any authority to enact laws or regulations that discourage or eliminate the private ownership or use of firearms. Repeals the definition of machine gun as any firearm which shoots, is designed to shoot, or can be readily converted or restored to shoot semiautomatically, more than 12 shots without manual reloading. (Thus repeals the ban on semiautomatic weapons.) Repeals the District's: (1) registration requirement for possession of firearms; (2) prohibition on registration of pistols (handguns); (3) prohibition on possession of handgun ammunition; (4) requirement that, under certain conditions, firearms in the possession of certain individuals must be kept unloaded, disassembled, or with the trigger locked; (5) related firearm registration requirements such as applicant qualifications and filing deadline. Eliminates criminal penalties for: (1) possessing an unregistered firearm; or (2) carrying a pistol whether loaded or unloaded in one's dwelling house, place of business, or on land possessed by such person.

A bill to restore second amendment rights in the District of Columbia.

SECTION 1. RURAL EDUCATION. (a) Rural Education Initiative.--Part J of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8271 et seq.) is amended-- (1) by redesignating section 10975 as section 10976; and (2) by striking sections 10971 through 10974, and inserting the following: ``SEC. 10971. SHORT TITLE. ``This subpart may be cited as the ``Rural Education Initiative Act''. ``SEC. 10972. FINDINGS. ``Congress makes the following findings: ``(1) Under Federal law there is no consistent definition of rural schools. ``(2) Rural school districts do not benefit as much as the school districts could from Federal education funding because the unique needs of rural school districts do not necessarily fit the categorical Federal formula programs. ``(3) Rural schools often cannot compete for Federal funding distributed by competitive grants because the schools lack the personnel needed to prepare grant applications and the resources to hire specialists in the writing of Federal grant proposals. ``(4) Small school districts with fewer than 600 students often cannot use Federal grant funds distributed by formula because the formula allocation does not provide enough revenue to carry out the program the grant is intended to fund. ``SEC. 10973. FORMULA GRANT PROGRAM AUTHORIZED. ``(a) Alternative Uses.-- ``(1) In general.--Notwithstanding any other provision of law, an eligible local educational agency may use the applicable funding, that the agency is eligible to receive from the State educational agency for a fiscal year, to support local or statewide education reform efforts intended to improve the achievement of elementary school and secondary school students and the quality of instruction provided for the students. ``(2) Notification.--An eligible local educational agency shall notify the State educational agency of the local educational agency's intention to use the applicable funding in accordance with paragraph (1) not later than a date that is established by the State educational agency for the notification. ``(b) Eligibility.--A local educational agency shall be eligible to use the applicable funding in accordance with subsection (a) if-- ``(1) the total number of students in average daily attendance at all of the schools served by the local educational agency is less than 600; and ``(2) all of the schools served by the local educational agency are located in a community with a Rural-Urban Continuum Code of 6, 7, 8, or 9, as determined by the Secretary of Agriculture. ``(c) Applicable Funding.--In this section, the term ``applicable funding'' means funds provided under each of the following provisions of law: ``(1) Section 307 of the Department of Education Appropriations Act, 1999. ``(2) Titles II, IV, and VI. ``(d) Disbursal.--Each State educational agency that receives applicable funding for a fiscal year shall disburse the applicable funding to local educational agencies for alternative uses under this section for the fiscal year at the same time that the State educational agency disburses the applicable funding to local educational agencies that do not intend to use the applicable funding for such alternative uses for the fiscal year. ``(e) Supplement Not Supplant.--Funds made available under this section shall be used to supplement and not supplant any other Federal, State or local education funds. ``(f) Special Rule.--References in Federal law to funds for the provisions of law set forth in subsection (c) may be considered to be references to funds for this section. ``SEC. 10974. COMPETITIVE GRANT PROGRAM AUTHORIZED. ``(a) In General.--The Secretary is authorized to award grants to eligible local educational agencies to enable the local educational agencies to support local or statewide education reform efforts intended to improve the achievement of elementary school and secondary school students and the quality of instruction provided for the students. ``(b) Eligibility.--A local educational agency shall be eligible to receive a grant under this section if-- ``(1) the total number of students in average daily attendance at all of the schools served by the local educational agency is less than 600; and ``(2) all of the schools served by the local educational agency are located in a community with a Rural-Urban Continuum Code of 6, 7, 8, or 9, as determined by the Secretary of Agriculture. ``(c) Amount.-- ``(1) In general.--The Secretary shall award a grant to a local educational agency under this section for a fiscal year in an amount equal to the amount determined under paragraph (2) for the fiscal year minus the total amount received under the provisions of law described under section 10973(c) for the fiscal year. ``(2) Determination.--The amount referred to in paragraph (1) is as follows: ``(A) If the number of children in average daily attendance at the schools served by such agency is greater than 0 and less than 50, then the amount is $20,000. ``(B) If the number of such children is greater than or equal to 50 and less than 150, then the amount is $30,000. ``(C) If the number of such children is greater than or equal to 150 and less than 300, then the amount is $40,000. ``(D) If the number of such children is greater than or equal to 300 and less than 450, then the amount is $50,000. ``(E) If the number of such children is greater than or equal to 450 and less than 600, then the amount is $60,000. ``(3) Census determination.-- ``(A) In general.--Each local educational agency desiring a grant under this section shall conduct a census not later than December 1 of each year to determine the number of kindergarten through grade 12 students in average daily attendance at the schools served by the local educational agency. ``(B) Submission.--Each local educational agency shall submit the number described in subparagraph (A) to the Secretary not later than March 1 of each year. ``(4) Penalty.--If the Secretary determines that a local educational agency has knowingly submitted false information under paragraph (3) for the purpose of gaining additional funds under this section, then the local educational agency shall be fined an amount equal to twice the difference between the amount the local educational agency received under this section, and the correct amount the local educational agency would have received under this section if the agency had submitted accurate information under paragraph (3). ``(d) Disbursal.--The Secretary shall disburse the funds awarded to a local educational agency under this section for a fiscal year not later than July 1 of that year. ``(e) Special Rule.--Any local educational agency that receives a grant under this section for a fiscal year shall be ineligible to receive funds for the fiscal year under the following provisions of law: ``(1) Subpart 2 of part A of title III. ``(2) Subpart 1 of part A of title VII. ``(3) Subpart 2 of part A of title VII. ``(4) Section 7142. ``(5) Part A of title X. ``(6) Part B of title X. ``(7) Part I of title X. ``(f) Supplement Not Supplant.--Funds made available under this section shall be used to supplement and not supplant any other Federal, State or local education funds. ``SEC. 10975. ACCOUNTABILITY. ``(a) Academic Achievement.-- ``(1) In general.--Each local educational agency that uses or receives funds under section 10973 or 10974 for a fiscal year shall-- ``(A) administer a test, that is used Statewide, to assess the academic achievement of students in the schools served by the local educational agency; or ``(B) in the case of a local educational agency for which there is no Statewide test described in subparagraph (A), administer a test, that is selected by the local educational agency, to assess the academic achievement of students in the schools served by the local educational agency. ``(2) Special rule.--Each local educational agency that uses or receives funds under section 10973 or 10974 shall use the same test described in paragraph (1) for each year of participation in the program under such section. ``(b) State Educational Agency Determination Regarding Continuing Participation.--Each State educational agency that receives funding under the provisions of law described in section 10973(c) shall-- ``(1) after the 5th year that a local educational agency participates in a program under section 10973 or 10974 and on the basis of the results of the tests described in subsection (a), determine whether the students served by the local educational agency participating in the program performed better on the tests after the 5th year of the participation compared to the results on the tests after the 1st year of the participation; ``(2) only permit those local educational agencies that so participated and performed better on the tests to continue to so participate for an additional period of 5 years; and ``(3) prohibit those local educational agencies that so participated and did not perform better on the tests from such participation for a period of 5 years from the date of the determination.''. (b) Conforming Amendments.--Part J of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8271 et seq.) is amended-- (1) in section 10951 (20 U.S.C. 8271)-- (A) in subsections (a)(1) and (b), by striking ``1995'' and inserting ``2000''; and (B) in subsections (a)(1), (a)(3), and (b), by striking ``10975'' and inserting ``10976''; (2) in section 10952 (20 U.S.C. 8272)-- (A) by striking paragraph (4); and (B) by redesignating paragraph (5) as paragraph (4); (3) in the heading for subpart 2, by striking ``Demonstration Grants'' and inserting ``Initiative''; and (4) in section 10976 (as redesignated by subsection (a)(1)), by adding at the end the following: ``(d) Rural Eligible Local Educational Agency.--The term `rural eligible local educational agency' means a local educational agency-- ``(1)(A) in which at least 15 percent of the children enrolled in the schools served by such agency are eligible to be counted under part A of title I; and ``(B) which is not in a metropolitan statistical area; or ``(2) in which the total enrollment in the schools served by such agency is less than 2,500 students and that does not serve schools located in a metropolitan statistical area.''.

Rural Education Initiative Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to establish Rural Education Initiative (REI) programs under subpart 2 of part J (Urban and Rural Education Assistance) of title X (Programs of National Significance). (Replaces current subpart 2 provisions for demonstration grants for rural education, but retains provisions for higher education grants partnerships for rural education.) (Sec. 1) Makes a local educational agency (LEA) eligible for REI alternative use formula grants and competitive grants if: (1) the total number of students in average daily attendance at all of the schools served by the LEA is less than 600; and (2) all of the schools served by the LEA are located in a community with a Rural-Urban Continuum Code of 6, 7, 8, or 9, as determined by the Secretary of Agriculture. Provides, under the alternative use formula grant program, that an eligible LEA may use applicable funding that it is eligible to receive from the State educational agency (SEA) for a fiscal year to support local or statewide education reform efforts intended to improve the achievement of elementary school and secondary school students and the quality of instruction provided for the students. Defines applicable funding as that received under: (1) specified provisions of the Department of Education Appropriations Act, 1999; (2) ESEA title II (Dwight D. Eisenhower Professional Development Program); (3) ESEA title IV (Safe and Drug-Free Schools and Communities); and (4) ESEA title VI (Innovative Education Program Strategies). Requires each SEA receiving applicable funding to disburse it to LEAs for alternative uses at the same times it disburses it to LEAs that do not intend to use it for alternative uses for that fiscal year. Authorizes the Secretary of Education to award competitive grants to eligible LEAs to support local or statewide education reform efforts intended to improve the achievement of elementary school and secondary school students and the quality of instruction provided for the students. Sets forth formulas for determining the amounts of such grants, based on numbers of children in average daily attendance at schools served by the LEAs, minus amounts received under applicable funding. Makes LEAs that receive such competitive grants ineligible for funds under specified ESEA programs. Sets forth accountability provisions. Requires LEAs that receive REI alternative use formula grants or competitive grants to administer tests to assess the academic achievement of students in their schools. Requires each SEA that receives applicable funding to: (1) determine, after the fifth year of an LEA's participation in either REI grant program, whether the LEA's students are performing better on such tests than after the first year of participation; (2) only permit LEAs that perform better to continue to participate for an additional five years; and (3) prohibit LEAs that do not perform better from participating for five years from the date of determination. Authorizes appropriations through FY 2004 for the following ESEA title X part J programs: (1) the REI program established by this Act; (2) higher education grants partnerships for rural education; and (3) Urban Education Demonstration Grants.

Rural Education Initiative Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Streamlining and Expediting Approval for Communications Technologies Act''. SEC. 2. TRACKING OF APPLICATIONS TO LOCATE OR MODIFY COMMUNICATIONS FACILITIES ON FEDERAL REAL PROPERTY. (a) Tracking by Senior Real Property Officers.-- (1) In general.--For the first fiscal year that begins more than 1 year after the date of the enactment of this Act, and each fiscal year thereafter, the Senior Real Property Officer of a covered agency shall track applications to locate or modify communications facilities on covered assets of such agency. (2) Information included.--The tracking required by paragraph (1) shall include tracking of-- (A) the number of applications described in such paragraph that are-- (i) received; (ii) approved; and (iii) denied; (B) in the case of an application described in such paragraph that is denied, the reasons for the denial; (C) the amount of time between the receipt of an application described in such paragraph and the issuance of a final decision on such application; (D) in the case of an application described in such paragraph with respect to which the agency is not in compliance with a deadline for action that is imposed by statute or regulation or has not achieved a performance goal included in a performance plan of the agency under section 1115(b) of title 31, United States Code, the reasons for the delay; and (E) the cost to the agency of considering applications described in such paragraph. (3) Reports.-- (A) From srpos to ntia.--Not later than 90 days after the end of each fiscal year for which the Senior Real Property Officer of a covered agency is required under paragraph (1) to track applications described in such paragraph, the Senior Real Property Officer shall submit to the Assistant Secretary a report on the tracking of such applications during such fiscal year that includes the information described in paragraph (2). (B) From ntia to congress.--Not later than 180 days after the end of each fiscal year for which the Senior Real Property Officer of a covered agency is required under paragraph (1) to track applications described in such paragraph, the Assistant Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that contains-- (i) the information described in paragraph (2) that was contained in each report submitted by a Senior Real Property Officer under subparagraph (A) for the fiscal year; (ii) an analysis of the speed and efficiency of the consideration by each covered agency of such applications during the fiscal year; and (iii) any recommendations on how to improve the process of considering such applications that the Assistant Secretary considers appropriate. (4) Response to inquiries.--Beginning on the first day of the first fiscal year for which the Senior Real Property Officer of a covered agency is required under paragraph (1) to track applications described in such paragraph, the Senior Real Property Officer shall respond to an inquiry about the status of such an application from the applicant not later than 7 days after the date on which the Senior Real Property Officer receives the inquiry. (b) Inclusion of Goals in Agency Performance Plans.--Beginning with the first performance plan that the head of a covered agency is required to make available under section 1115(b) of title 31, United States Code, after the date that is 60 days after the date of the enactment of this Act, the head of the agency shall include in such plan performance goals for the speed and efficiency of the consideration by the agency of applications described in subsection (a)(1). (c) Covered Agency Defined.--In this section, the term ``covered agency'' means an agency for which a Senior Real Property Officer is designated under Executive Order 13327 (69 Fed. Reg. 5895).

Streamlining and Expediting Approval for Communications Technologies Act This bill directs Senior Real Property Officers of specified federal agencies to track applications to locate or modify communications facilities on certain federal real property assets of those agencies. Each officer shall report on the tracking of such applications to the National Telecommunications and Information Administration (NTIA). In turn, the NTIA shall report to Congress on the information in each submitted report and analyses of the application process. An officer must respond to an inquiry about the status of an application from the applicant no later than seven days after receiving such inquiry.

Streamlining and Expediting Approval for Communications Technologies Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``No Taxpayer Funding for Abortion Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--PROHIBITING FEDERALLY FUNDED ABORTIONS Sec. 101. Prohibiting taxpayer funded abortions. Sec. 102. Amendment to table of chapters. TITLE II--ELIMINATION OF CERTAIN TAX BENEFITS RELATING TO ABORTION Sec. 201. Deduction for medical expenses not allowed for abortions. Sec. 202. Disallowance of refundable credit for coverage under qualified health plan which provides coverage for abortion. Sec. 203. Disallowance of small employer health insurance expense credit for plan which includes coverage for abortion. Sec. 204. Distributions for abortion expenses from certain accounts and arrangements included in gross income. TITLE I--PROHIBITING FEDERALLY FUNDED ABORTIONS SEC. 101. PROHIBITING TAXPAYER FUNDED ABORTIONS. Title 1, United States Code is amended by adding at the end the following new chapter: ``CHAPTER 4--PROHIBITING TAXPAYER FUNDED ABORTIONS ``Sec. ``301. Prohibition on funding for abortions. ``302. Prohibition on funding for health benefits plans that cover abortion. ``303. Limitation on Federal facilities and employees. ``304. Construction relating to separate coverage. ``305. Construction relating to the use of non-Federal funds for health coverage. ``306. Non-preemption of other Federal laws. ``307. Construction relating to complications arising from abortion. ``308. Treatment of abortions related to rape, incest, or preserving the life of the mother. ``309. Application to District of Columbia. ``Sec. 301. Prohibition on funding for abortions ``No funds authorized or appropriated by Federal law, and none of the funds in any trust fund to which funds are authorized or appropriated by Federal law, shall be expended for any abortion. ``Sec. 302. Prohibition on funding for health benefits plans that cover abortion ``None of the funds authorized or appropriated by Federal law, and none of the funds in any trust fund to which funds are authorized or appropriated by Federal law, shall be expended for health benefits coverage that includes coverage of abortion. ``Sec. 303. Limitation on Federal facilities and employees ``No health care service furnished-- ``(1) by or in a health care facility owned or operated by the Federal Government; or ``(2) by any physician or other individual employed by the Federal Government to provide health care services within the scope of the physician's or individual's employment, may include abortion. ``Sec. 304. Construction relating to separate coverage ``Nothing in this chapter shall be construed as prohibiting any individual, entity, or State or locality from purchasing separate abortion coverage or health benefits coverage that includes abortion so long as such coverage is paid for entirely using only funds not authorized or appropriated by Federal law and such coverage shall not be purchased using matching funds required for a federally subsidized program, including a State's or locality's contribution of Medicaid matching funds. ``Sec. 305. Construction relating to the use of non-Federal funds for health coverage ``Nothing in this chapter shall be construed as restricting the ability of any non-Federal health benefits coverage provider from offering abortion coverage, or the ability of a State or locality to contract separately with such a provider for such coverage, so long as only funds not authorized or appropriated by Federal law are used and such coverage shall not be purchased using matching funds required for a federally subsidized program, including a State's or locality's contribution of Medicaid matching funds. ``Sec. 306. Non-preemption of other Federal laws ``Nothing in this chapter shall repeal, amend, or have any effect on any other Federal law to the extent such law imposes any limitation on the use of funds for abortion or for health benefits coverage that includes coverage of abortion, beyond the limitations set forth in this chapter. ``Sec. 307. Construction relating to complications arising from abortion ``Nothing in this chapter shall be construed to apply to the treatment of any infection, injury, disease, or disorder that has been caused by or exacerbated by the performance of an abortion. This rule of construction shall be applicable without regard to whether the abortion was performed in accord with Federal or State law, and without regard to whether funding for the abortion is permissible under section 308. ``Sec. 308. Treatment of abortions related to rape, incest, or preserving the life of the mother ``The limitations established in sections 301, 302, and 303 shall not apply to an abortion-- ``(1) if the pregnancy is the result of an act of rape or incest; or ``(2) in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself. ``Sec. 309. Application to District of Columbia ``In this chapter: ``(1) Any reference to funds appropriated by Federal law shall be treated as including any amounts within the budget of the District of Columbia that have been approved by Act of Congress pursuant to section 446 of the District of Columbia Home Rule Act (or any applicable successor Federal law). ``(2) The term `Federal Government' includes the government of the District of Columbia.''. SEC. 102. AMENDMENT TO TABLE OF CHAPTERS. The table of chapters for title 1, United States Code, is amended by adding at the end the following new item: ``4. Prohibiting taxpayer funded abortions.................. 301''. TITLE II--ELIMINATION OF CERTAIN TAX BENEFITS RELATING TO ABORTION SEC. 201. DEDUCTION FOR MEDICAL EXPENSES NOT ALLOWED FOR ABORTIONS. (a) In General.--Section 213 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(g) Amounts Paid for Abortion Not Taken Into Account.-- ``(1) In general.--An amount paid during the taxable year for an abortion shall not be taken into account under subsection (a). ``(2) Exceptions.--Paragraph (1) shall not apply to-- ``(A) an abortion-- ``(i) in the case of a pregnancy that is the result of an act of rape or incest, or ``(ii) in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy, and ``(B) the treatment of any infection, injury, disease, or disorder that has been caused by or exacerbated by the performance of an abortion.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 202. DISALLOWANCE OF REFUNDABLE CREDIT FOR COVERAGE UNDER QUALIFIED HEALTH PLAN WHICH PROVIDES COVERAGE FOR ABORTION. (a) In General.--Subparagraph (A) of section 36B(c)(3) of the Internal Revenue Code of 1986 is amended by inserting before the period at the end the following: ``or any health plan that includes coverage for abortions (other than any abortion or treatment described in section 213(g)(2))''. (b) Option To Purchase or Offer Separate Coverage or Plan.-- Paragraph (3) of section 36B(c) of such Code is amended by adding at the end the following new subparagraph: ``(C) Separate abortion coverage or plan allowed.-- ``(i) Option to purchase separate coverage or plan.--Nothing in subparagraph (A) shall be construed as prohibiting any individual from purchasing separate coverage for abortions described in such subparagraph, or a health plan that includes such abortions, so long as no credit is allowed under this section with respect to the premiums for such coverage or plan. ``(ii) Option to offer coverage or plan.-- Nothing in subparagraph (A) shall restrict any non-Federal health insurance issuer offering a health plan from offering separate coverage for abortions described in such subparagraph, or a plan that includes such abortions, so long as premiums for such separate coverage or plan are not paid for with any amount attributable to the credit allowed under this section (or the amount of any advance payment of the credit under section 1412 of the Patient Protection and Affordable Care Act).''. (c) Effective Date.--The amendment made by this section shall apply to taxable years ending after December 31, 2013. SEC. 203. DISALLOWANCE OF SMALL EMPLOYER HEALTH INSURANCE EXPENSE CREDIT FOR PLAN WHICH INCLUDES COVERAGE FOR ABORTION. (a) In General.--Subsection (h) of section 45R of the Internal Revenue Code of 1986 is amended-- (1) by striking ``Any term'' and inserting the following: ``(1) In general.--Any term'', and (2) by adding at the end the following new paragraph: ``(2) Exclusion of health plans including coverage for abortion.--The terms `qualified health plan' and `health insurance coverage' shall not include any health plan or benefit that includes coverage for abortions (other than any abortion or treatment described in section 213(g)(2)).''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 204. DISTRIBUTIONS FOR ABORTION EXPENSES FROM CERTAIN ACCOUNTS AND ARRANGEMENTS INCLUDED IN GROSS INCOME. (a) Flexible Spending Arrangements Under Cafeteria Plans.--Section 125 of the Internal Revenue Code of 1986 is amended by redesignating subsections (k) and (l) as subsections (l) and (m), respectively, and by inserting after subsection (j) the following new subsection: ``(k) Abortion Reimbursement From Flexible Spending Arrangement Included in Gross Income.--Notwithstanding section 105(b), gross income shall include any reimbursement for expenses incurred for an abortion (other than any abortion or treatment described in section 213(g)(2)) from a health flexible spending arrangement provided under a cafeteria plan. Such reimbursement shall not fail to be a qualified benefit for purposes of this section merely as a result of such inclusion in gross income.''. (b) Archer MSAs.--Paragraph (1) of section 220(f) of such Code is amended by inserting before the period at the end the following: ``, except that any such amount used to pay for an abortion (other than any abortion or treatment described in section 213(g)(2)) shall be included in the gross income of such holder''. (c) HSAs.--Paragraph (1) of section 223(f) of such Code is amended by inserting before the period at the end the following: ``, except that any such amount used to pay for an abortion (other than any abortion or treatment described in section 213(g)(2)) shall be included in the gross income of such beneficiary''. (d) Effective Dates.-- (1) FSA reimbursements.--The amendment made by subsection (a) shall apply to expenses incurred with respect to taxable years beginning after the date of the enactment of this Act. (2) Distributions from savings accounts.--The amendments made by subsection (b) and (c) shall apply to amounts paid with respect to taxable years beginning after the date of the enactment of this Act.

No Taxpayer Funding for Abortion Act - Prohibits the expenditure of funds authorized or appropriated by federal law or funds in any trust fund to which funds are authorized or appropriated by federal law (federal funds) for any abortion. Prohibits federal funds from being used for any health benefits coverage that includes coverage of abortion. (Currently, federal funds cannot be used for abortion services and plans receiving federal funds must keep federal funds segregated from any funds for abortion services.) Prohibits the inclusion of abortion in any health care service furnished by a federal or District of Columbia health care facility or by any physician or other individual employed by the federal government or the District. Excludes an abortion from such prohibitions if: (1) the pregnancy is the result of rape or incest; or (2) the woman suffers from a physical disorder, injury, or illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would place her in danger of death unless an abortion is performed, as certified by a physician. Applies such prohibitions to District of Columbia funds. Amends the Internal Revenue Code to disqualify, for purposes of the tax deduction for medical expenses, any amounts paid for an abortion. Excludes from the definition of "qualified health plan" after December 31, 2013, for purposes of the refundable tax credit for premium assistance for such plans, any plan that includes coverage for abortion. Excludes from the definitions of "qualified health plan" and "health insurance coverage," for purposes of the tax credit for small employer health insurance expenses, any health plan or benefit that includes coverage for abortions. Includes any reimbursements or distributions to pay for an abortion in the gross income of participants in flexible spending arrangements under a tax-exempt cafeteria plan, Archer Medical Savings Accounts (MSAs), and health savings accounts (HSAs). Exempts from the application of such tax provisions: (1) abortions for pregnancies resulting from rape or incest or in cases where a woman suffers from a physical disorder, injury, or illness that would, as certified by a physician, endanger her life if an abortion were not performed; and (2) the treatment of any infection, injury, disease, or disorder that was caused by or exacerbated by the performance of an abortion.

No Taxpayer Funding for Abortion Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Drug-Free Workplace Program Reauthorization Act of 2004''. SEC. 2. REAUTHORIZATION OF PAUL D. COVERDELL DRUG-FREE WORKPLACE PROGRAM. (a) In General.--Paragraph (1) of section 27(g) of the Small Business Act (15 U.S.C. 654(g)) is amended by striking ``2001 through 2003'' and inserting ``2004 through 2006''. (b) Additional Grants for Programs Carried Out in Cooperation With Small Business Development Centers.-- (1) In general.--Subsection (b) of section 27 of the Small Business Act (15 U.S.C. 654) is amended-- (A) by striking ``There is established'' and inserting the following: ``(1) In general.--There is established''; and (B) by adding at the end the following new paragraph: ``(2) Additional grants for programs carried out in cooperation with small business development centers.--The Administrator may make an additional grant to, or enter into a cooperative agreement or contract with, any grantee under paragraph (1) for the purpose of providing, in cooperation with one or more small business development centers, technical assistance to small business concerns seeking to establish a drug-free workplace program.''. (2) Authorization.--Subsection (g) of section 27 of the Small Business Act (15 U.S.C. 654) is amended-- (A) by redesignating paragraph (2) as paragraph (3); (B) by inserting after paragraph (1) the following new paragraph: ``(2) Additional authorization.--There is authorized to be appropriated to carry out this subsection, $1,500,000 for each of fiscal years 2004 through 2006. Amounts made available under this paragraph shall remain available until expended.''; and (C) in paragraph (1)-- (i) by inserting ``(other than subsection (b)(2))'' after ``this section''; and (ii) by striking ``this subsection'' and inserting ``this paragraph''. (c) 2-Year Grants.--Subsection (b) of section 27 of the Small Business Act (15 U.S.C. 654), as amended by subsection (b), is further amended by adding at the end the following new paragraph: ``(3) 2-year grants.--Each grant made under this subsection shall be for a period of 2 years, subject to an annual performance review by the Administrator.''. (d) Eligibility of Drug-Free Communities Coalitions.--Subparagraph (D) of section 27(a)(2) of the Small Business Act (15 U.S.C. 654(a)(2)) is amended to read as follows: ``(D)(i) the purpose of which is-- ``(I) to develop comprehensive drug-free workplace programs or to supply drug-free workplace services; or ``(II) to provide other forms of assistance and services to small business concerns; or ``(ii) that is eligible to receive a grant under chapter 2 of the National Narcotics Leadership Act of 1988 (21 U.S.C. 1521 et seq.).''. (e) Evaluation and Coordination.--Section 27 of the Small Business Act (15 U.S.C. 654) is amended-- (1) by striking subsection (d); (2) by redesignating subsections (e), (f), and (g) as subsections (f), (g), and (h), respectively; and (3) by inserting after subsection (c) the following new subsections: ``(d) Technical Assistance.--The Administrator, after consultation with the Director of the Center for Substance Abuse and Prevention, shall provide technical assistance and information to each eligible intermediary receiving a grant under subsection (b) regarding the most effective practices in establishing and carrying out drug-free workplace programs. ``(e) Evaluation of Program.-- ``(1) Data collection system.--Each eligible intermediary receiving a grant under this section shall establish a system to collect and analyze information regarding the effectiveness of drug-free workplace programs established with assistance provided under this section through the intermediary, including information regarding any increase or decrease among employees in drug use, awareness of the adverse consequences of drug use, and absenteeism, injury, and disciplinary problems related to drug use. Such system shall conform to such requirements as the Administrator, after consultation with the Director of the Center for Substance Abuse and Prevention, may prescribe. Not more than 5 percent of the amount of each grant made under subsection (b) shall be used by the eligible intermediary to carry out this paragraph. ``(2) Method of evaluation.--The Administrator, after consultation with the Director of the Center for Substance Abuse and Prevention, shall provide technical assistance and guidance to each eligible intermediary receiving a grant under subsection (b) regarding the collection and analysis of information to evaluate the effectiveness of drug-free workplace programs established with assistance provided under this section, including the information referred to in paragraph (1). Such assistance shall include the identification of additional information suitable for measuring the benefits of drug-free workplace programs to the small business concern and to the concern's employees and the identification of methods suitable for analyzing such information. ``(3) Study and report.--Not later than 18 months after the date of the enactment of the Drug-Free Workplace Program Reauthorization Act of 2004, the Administrator, in consultation with the Secretary of Labor, the Secretary of Health and Human Services, and the Director of National Drug Control Policy, shall-- ``(A) compile and analyze the information collected under this subsection; ``(B) identify trends in such information; ``(C) evaluate the effectiveness of the drug-free workplace programs established with assistance provided under this section; and ``(D) submit to the Congress a report that describes the results of the analysis conducted under subparagraph (A), the trends identified under subparagraph (B), and the results of the evaluation conducted under subparagraph (C).''. (f) Small Business Development Centers.-- (1) In general.--Subparagraph (T) of section 21(c)(3) of the Small Business Act (15 U.S.C 648(c)(3)) is amended by striking ``October 1, 2003'' and inserting ``October 1, 2006''. (2) Limitation.--Paragraph (3) of section 27(h) of the Small Business Act (15 U.S.C. 654(g)), as redesignated under subsection (b)(2) and (d), is amended-- (A) by striking ``$1,000,000'' and inserting ``$500,000''; and (B) by inserting ``for fiscal years 2004 through 2006'' after ``under this subsection''. (g) Administrative Costs.--Subsection (h) of section 27 of the Small Business Act (15 U.S.C. 654), as so redesignated, is amended by adding at the end the following new paragraph: ``(4) Administrative costs.--Of the total amount made available under this subsection for any fiscal year, not more than 5 percent of such amount shall be used for administrative costs (determined without regard to the administrative costs of eligible intermediaries).''.

Drug-Free Workplace Program Reauthorization Act of 2004 - Amends the Small Business Act to extend through FY 2006 the authorization for the drug-free workplace demonstration program (program). Authorizes the Administrator of the Small Business Administration to make an additional grant to, or enter into a cooperative agreement or contract with, any original grantee under such program for providing, in cooperation with one or more small business development centers, technical assistance to small businesses seeking to establish a program. Provides two-year periods for such grants. Makes drug-free communities coalitions eligible for such grant assistance. Requires: (1) the Administrator to provide technical assistance to each intermediary receiving a grant regarding the most effective practices in establishing and carrying out such programs; (2) each intermediary to establish a system to collect and analyze information regarding the effectiveness of programs established with grant assistance; and (3) the Administrator to provide technical assistance and guidance to each intermediary with respect to the collection and analysis of such information. Extends through FY 2006 the authority of small business development centers to provide information and assistance to small businesses with respect to establishing such programs.

To amend the Small Business Act to reauthorize the Paul D. Coverdell Drug-Free Workplace Program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Inflammatory Bowel Disease Research Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Crohn's disease and ulcerative colitis are serious inflammatory diseases of the gastrointestinal tract. (2) Crohn's disease may occur in any section of the gastrointestinal tract but is predominately found in the lower part of the small intestine and the large intestine. Ulcerative colitis is characterized by inflammation and ulceration of the innermost lining of the colon. Complete removal of the colon in patients with ulcerative colitis can potentially alleviate and cure symptoms. (3) Because Crohn's disease and ulcerative colitis behave similarly, they are collectively known as inflammatory bowel disease. Both diseases present a variety of symptoms, including severe diarrhea; abdominal pain with cramps; fever; and rectal bleeding. There is no known cause of inflammatory bowel disease, or medical cure. (4) It is estimated that up to 1,400,000 people in the United States suffer from inflammatory bowel disease, 30 percent of whom are diagnosed during their childhood years. (5) Children with inflammatory bowel disease miss school activities because of bloody diarrhea and abdominal pain, and many adults who had onset of inflammatory bowel disease as children had delayed puberty and impaired growth and have never reached their full genetic growth potential. (6) Inflammatory bowel disease patients are at high risk for developing colorectal cancer. (7) The total annual medical costs for inflammatory bowel disease patients is estimated at more than $2,000,000,000. SEC. 3. NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY DISEASES; INFLAMMATORY BOWEL DISEASE RESEARCH EXPANSION. (a) In General.--The Director of the National Institute of Diabetes and Digestive and Kidney Diseases shall expand, intensify, and coordinate the activities of the Institute with respect to research on inflammatory bowel disease, with particular emphasis on the following areas: (1) Genetic research on susceptibility for inflammatory bowel disease, including the interaction of genetic and environmental factors in the development of the disease. (2) Research targeted to increase knowledge about the causes and complications of inflammatory bowel disease in children. (3) Animal model research on inflammatory bowel disease, including genetics in animals. (4) Clinical inflammatory bowel disease research, including clinical studies and treatment trials. (5) Expansion of the Institute's Inflammatory Bowel Disease Centers program with a focus on pediatric research. (6) Other research initiatives identified by the scientific document entitled ``Challenges in Inflammatory Bowel Disease'' and the research agenda for pediatric gastroenterology, hepatology and nutrition entitled ``Chronic Inflammatory Bowel Disease''. (b) Authorization of Appropriations.-- (1) In general.--For the purpose of carrying out subsection (a), there are authorized to be appropriated $75,000,000 for fiscal year 2006, $85,000,000 for fiscal year 2007, and $100,000,000 for fiscal year 2008. (2) Reservation.--Of the amounts authorized to be appropriated under paragraph (1), not more than 20 percent shall be reserved for the training of qualified health professionals in biomedical research focused on inflammatory bowel disease, including pediatric investigators. SEC. 4. CENTERS FOR DISEASE CONTROL AND PREVENTION; NATIONAL INFLAMMATORY BOWEL DISEASE ACTION PLAN. (a) In General.-- (1) Preparation of plan.--The Director of the Centers for Disease Control and Prevention, in consultation with the inflammatory bowel disease community, shall prepare a comprehensive plan to address the burden of inflammatory bowel disease in both adult and pediatric populations (which plan shall be designated by the Director as the ``National Inflammatory Bowel Disease Action Plan''). (2) Report to congress.-- Not later than 12 months after the date of the enactment of this Act, the Director of the Centers for Disease Control and Prevention shall submit the Plan referred to in paragraph (1) to the Committee on Energy and Commerce and the Committee on Appropriations in the House of Representatives and to the Committee on Health, Education, Labor and Pensions and the Committee on Appropriations in the Senate. (b) Content.-- (1) In general.--The National Inflammatory Bowel Disease Action Plan shall address strategies for determining the true prevalence of inflammatory bowel disease in the United States, and the unique demographic characteristics of the patient community through the expansion of appropriate epidemiological activities. (2) Certain requirements.-- The Plan referred to in paragraph (1) shall-- (A) focus on strategies for increasing awareness about inflammatory bowel disease within the general public and the health care community in order to facilitate more timely and accurate diagnoses; and (B) address mechanisms designed to prevent the progression of the disease and the development of complications, such as colorectal cancer, and other strategies and activities as deemed appropriate. (c) Authorization of Appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated $750,000 for fiscal year 2006.

Inflammatory Bowel Disease Research Act - Requires the Director of the National Institute of Diabetes and Digestive and Kidney Diseases to expand, intensify, and coordinate the Institute's research activities on inflammatory bowel disease, with an emphasis on: (1) genetic research on susceptibility for inflammatory bowel disease; (2) research targeted to increase knowledge about the causes and complications of inflammatory bowel disease in children; (3) animal model research; (4) clinical research; (5) expansion of the Institute's Inflammatory Bowel Disease Centers program with a focus on pediatric research; and (6) other research initiatives identified in specified documents. Requires the Director of the Centers for Disease Control and Prevention (CDC) to prepare a National Inflammatory Bowel Disease Action Plan to: (1) address the burden of inflammatory bowel disease in both adult and pediatric populations; (2) address strategies for determining the prevalence of the disease in the United States and the unique demographic characteristics of the patient community; (3) focus on strategies for increasing awareness about the disease within the general public and the health care community; and (4) address mechanisms designed to prevent the progression of the disease and the development of complications.

To expand the research, prevention, and awareness activities of the National Institute of Diabetes and Digestive and Kidney Diseases and the Centers for Disease Control and Prevention with respect to inflammatory bowel disease.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Vietnam Education Foundation Act of 2000''. SEC. 2. PURPOSES. The purposes of this Act are the following: (1) To establish an international fellowship program under which-- (A) Vietnamese nationals can undertake graduate and post-graduate level studies in the sciences (natural, physical, and environmental), mathematics, medicine, and technology (including information technology); and (B) United States citizens can teach in the fields specified in subparagraph (A) in appropriate Vietnamese institutions. (2) To further the process of reconciliation between the United States and Vietnam and the building of a bilateral relationship serving the interests of both countries. SEC. 3. DEFINITIONS. In this Act: (1) Board.--The term ``Board'' means the Board of Directors of the Foundation. (2) Foundation.--The term ``Foundation'' means the Vietnam Education Foundation established in section 4. (3) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (4) United states-vietnam debt agreement.--The term ``United States-Vietnam debt agreement'' means the Agreement Between the Government of the United States of America and the Government of the Socialist Republic of Vietnam Regarding the Consolidation and Rescheduling of Certain Debts Owed to, Guaranteed by, or Insured by the United States Government and the Agency for International Development, dated April 7, 1997. SEC. 4. ESTABLISHMENT. There is established the Vietnam Education Foundation as an independent establishment of the executive branch under section 104 of title 5, United States Code. SEC. 5. BOARD OF DIRECTORS. (a) In General.--The Foundation shall be subject to the supervision and direction of the Board of Directors, which shall consist of 13 members, as follows: (1) Two members of the House of Representatives appointed by the Speaker of the House of Representatives, one of whom shall be appointed upon the recommendation of the Majority Leader and one of whom shall be appointed upon the recommendation of the Minority Leader, and who shall serve as ex officio, nonvoting members. (2) Two members of the Senate, appointed by the President pro tempore, one of whom shall be appointed upon the recommendation of the Majority Leader and one of whom shall be appointed upon the recommendation of the Minority Leader, and who shall serve as ex officio, nonvoting members. (3) Secretary of State. (4) Secretary of Education. (5) Secretary of Treasury. (6) Six members to be appointed by the President from among individuals in the nongovernmental sector who have academic excellence or experience in the fields of concentration specified in section 2(1)(A) or a general knowledge of Vietnam, not less than three of whom shall be drawn from academic life. (b) Rotation of Membership.--(1) The term of office of each member appointed under subsection (a)(6) shall be 3 years, except that of the members initially appointed under that subsection, two shall serve for terms of one year, two shall serve for terms of two years, and two shall serve for terms of three years. (2) A member of Congress appointed under subsection (a)(1) or (2) shall not serve as a member of the Board for more than a total of six years. (c) Chair.--The Board shall elect one of the members appointed under subsection (a)(6) to serve as Chair. (d) Meetings.--The Board shall meet upon the call of the Chair but not less frequently than twice each year. A majority of the voting members of the Board shall constitute a quorum. (e) Duties.--The Board shall-- (1) select the individuals who will be eligible to serve as Fellows; and (2) provide overall supervision and direction of the Foundation. (f) Compensation.-- (1) In general.--Except as provided in paragraph (2), each member of the Board shall serve without compensation, and members who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (2) Travel expenses.--The members of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of service for the Board. SEC. 6. FELLOWSHIP PROGRAM. (a) Award of Fellowships.-- (1) In general.--To carry out the purposes of this Act, the Foundation shall award fellowships to-- (A) Vietnamese nationals to study at institutions of higher education in the United States at graduate and post-graduate levels in the following fields: physical sciences, natural sciences, mathematics, environmental sciences, medicine, technology, and computer sciences; and (B) United States citizens to teach in Vietnam in appropriate Vietnamese institutions in the fields of study described in subparagraph (A). (2) Special emphasis on scientific and technical vocabulary in english.--Fellowships awarded under paragraph (1) may include funding for the study of scientific and technical vocabulary in English. (b) Criteria for Selection.--Fellowships under this Act shall be awarded to persons who meet the minimum criteria established by the Foundation, including the following: (1) Vietnamese nationals.--Vietnamese candidates for fellowships shall have basic English proficiency and must have the ability to meet the criteria for admission into graduate or post-graduate programs in United States institutions of higher learning. (2) United states citizen teachers.--American teaching candidates shall be highly competent in their fields and be experienced and proficient teachers. (c) Implementation.--The Foundation may provide, directly or by contract, for the conduct of nationwide competition for the purpose of selecting recipients of fellowships awarded under this section. (d) Authority To Award Fellowships on a Matching Basis.--The Foundation may require, as a condition of the availability of funds for the award of a fellowship under this Act, that an institution of higher education make available funds for such fellowship on a matching basis. (e) Fellowship Conditions.--A person awarded a fellowship under this Act may receive payments authorized under this Act only during such periods as the Foundation finds that the person is maintaining satisfactory proficiency and devoting full time to study or teaching, as appropriate, and is not engaging in gainful employment other than employment approved by the Foundation pursuant to regulations of the Board. (f) Funding.-- (1) Fiscal year 2001.-- (A) Authorization of appropriations.--There are authorized to be appropriated to the Foundation $5,000,000 for fiscal year 2001 to carry out the activities of the Foundation. (B) Availability of funds.--Amounts appropriated pursuant to subparagraph (A) are authorized to remain available until expended. (2) Fiscal year 2002 and subsequent fiscal years.-- Effective October 1, 2001, the Foundation shall utilize funds transferred to the Foundation under section 7. SEC. 7. VIETNAM DEBT REPAYMENT FUND. (a) Establishment.--Notwithstanding any other provision of law, there is established in the Treasury a separate account which shall be known as the Vietnam Debt Repayment Fund (in this subsection referred to as the ``Fund''). (b) Deposits.--There shall be deposited as offsetting receipts into the Fund all payments (including interest payments) made by the Socialist Republic of Vietnam under the United States-Vietnam debt agreement. (c) Availability of the Funds.-- (1) Fiscal year limitation.--Beginning with fiscal year 2002, and each subsequent fiscal year through fiscal year 2018, $5,000,000 of the amounts deposited into the Fund (or accrued interest) each fiscal year shall be available to the Foundation, without fiscal year limitation, under paragraph (2). (2) Disbursement of funds.--The Secretary of the Treasury, at least on a quarterly basis, shall transfer to the Foundation amounts allotted to the Foundation under paragraph (1) for the purpose of carrying out its activities. (3) Transfer of excess funds to miscellaneous receipts.-- Beginning with fiscal year 2002, and each subsequent fiscal year through fiscal year 2018, the Secretary of the Treasury shall withdraw from the Fund and deposit in the Treasury of the United States as miscellaneous receipts all moneys in the Fund in excess of amounts made available to the Foundation under paragraph (1). (d) Annual Report.--The Board shall prepare and submit annually to Congress statements of financial condition of the Fund, including the beginning balance, receipts, refunds to appropriations, transfers to the general fund, and the ending balance. SEC. 9. FOUNDATION PERSONNEL MATTERS. (a) Appointment by Board.--There shall be an Executive Secretary of the Foundation who shall be appointed by the Board without regard to the provisions of title 5, United States Code, or any regulation thereunder, governing appointment in the competitive service. The Executive Director shall be the Chief Executive Officer of the Foundation and shall carry out the functions of the Foundation subject to the supervision and direction of the Board. The Executive Director shall carry out such other functions consistent with the provisions of this Act as the Board shall prescribe. The decision to employ or terminate an Executive Director shall be made by an affirmative vote of at least 6 of the 9 voting members of the Board. (b) Professional Staff.--The Executive Director shall hire Foundation staff on the basis of professional and nonpartisan qualifications. (c) Experts and Consultants.--The Executive Director may procure temporary and intermittent services of experts and consultants as are necessary to the extent authorized by section 3109 of title 5, United States Code to carry out the purposes of the Foundation. (d) Compensation.--The Board may fix the compensation of the Executive Director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title V, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the Executive Director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. SEC. 9. ADMINISTRATIVE PROVISIONS. (a) In General.--In order to carry out this title, the Foundation may-- (1) prescribe such regulations as it considers necessary governing the manner in which its functions shall be carried out; (2) receive money and other property donated, bequeathed, or devised, without condition or restriction other than it be used for the purposes of the Foundation, and to use, sell, or otherwise dispose of such property for the purpose of carrying out its functions; (3) accept and use the services of voluntary and noncompensated personnel; (4) enter into contracts or other arrangements, or make grants, to carry out the provisions of this title, and enter into such contracts or other arrangements, or make such grants, with the concurrence of a majority of the members of the Board, without performance or other bonds and without regard to section 3709 of the Revised Statutes (41 U.S.C. 5); (5) rent office space in the District of Columbia; and (6) make other necessary expenditures. (b) Annual Report.--The Foundation shall submit to the President and to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives an annual report of its operations under this Act. SEC. 10. TERMINATION. (a) In General.--The Foundation may not award any new fellowship, or extend any existing fellowship, after September 30, 2016. (b) Abolishment.--Effective 120 days after the expiration of the last fellowship in effect under this Act, the Foundation is abolished.

Establishes the Vietnam Debt Repayment Fund which shall consist of deposits as offsetting receipts of all payments (including interest) made by the Socialist Republic of Vietnam under the U.S.-Vietnam debt agreement, dated April 7, 1997. Makes amounts deposited into the Fund available for Foundation activities.

Vietnam Education Foundation Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Motor Carrier Fuel Cost Equity Act of 2000''. SEC. 2. MANDATORY FUEL SURCHARGE. (a) In General.--Chapter 137 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 13714. Fuel surcharge ``(a) Mandatory Fuel Surcharge.-- ``(1) Assessment of surcharge.--Any motor carrier, broker, or freight forwarder subject to jurisdiction under chapter 135 regularly providing truck-load transportation service shall assess under each contract or agreement for such service the payor of transportation charges a surcharge under this section, or a surcharge or other fuel cost adjustment permitted under section 13715, for fuel used in the transportation provided to such payor commencing when an increase in the price of such fuel surpasses the benchmark in paragraph (2). A surcharge assessed under this section by the motor carrier, broker, or freight forwarder shall be calculated on the basis of mileage or percentage of revenue (whichever basis the motor carrier, broker, or freight forwarder elects) and shall be the amount necessary to compensate the motor carrier, broker, or freight forwarder or other person responsible for paying for fuel for the difference in the price of fuel between the Current Fuel Price and the Fuel Price Norm determined under paragraph (2). ``(2) Benchmark.-- ``(A) In general.--The benchmark referred to in paragraph (1) is the difference between the Current Fuel Price and the Fuel Price Norm, when such difference exceeds $0.05. ``(B) Current fuel price.--The Current Fuel Price referred to in paragraph (1) and subparagraph (A) shall be determined from the latest weekly Energy Information Administration's Average Retail On-Highway Diesel Prices, National U.S. Average, as published by the Department of Energy. ``(C) Fuel price norm.--The Fuel Price Norm referred to in paragraph (1) and subparagraph (A) shall be determined by calculating the latest 52-week average of the Average Retail On-Highway Diesel Prices referred to in subparagraph (B). ``(b) Implementation.--The surcharge referred to in subsection (a)(1) shall be-- ``(1) calculated on the date the shipment is tendered to the motor carrier, broker, or freight forwarder; ``(2) itemized separately on the motor carrier, broker, or freight forwarder's invoices; and ``(3) paid by the payor of the related transportation charges. ``(c) Factors.--For purposes of calculating a surcharge under this section-- ``(1) average fuel economy is 5 miles per gallon for calendar year 2000 and shall be determined on January 1 of such year thereafter by the Secretary of Transportation; and ``(2) mileage means the number of paid miles driven as determined under the Department of Defense, Military Traffic Management Command's `Defense Table of Official Distances'. ``(d) Limitation on Authority.--Notwithstanding any other provision of this part, any action to enforce this section under section 14704 may only be brought by the motor carrier, broker, or freight forwarder that provided the transportation services against the payor of the transportation charges or by the payor of the transportation charges against the motor carrier, broker, of freight forwarder that provided the transportation services. In such action, a court shall only have the authority to determine whether a fuel surcharge assessed under this section has been assessed or paid. A court shall not have the authority in such action to review any other charges imposed by the provider of the transportation services. Neither the Secretary of Transportation nor the Surface Transportation Board shall have regulatory or enforcement authority relating to provisions of this section. ``(e) Effective Period.--Subsections (a) through (d) and section 13715 shall be in effect beginning the 60th day following the date of the enactment of this section and ending September 30, 2003. ``Sec. 13715. Negotiated fuel adjustments ``(a) In General.--Nothing in section 13714 shall be construed to abrogate provisions relating to fuel cost adjustments in any transportation contract or agreement in effect on the date of the enactment of the Motor Carrier Fuel Cost Equity Act of 2000 and any renewal of such a contract or agreement thereafter. Nothing in this section and sections 13714 and 14102 shall be construed to prohibit any motor carrier, broker, or freight forwarder from including any reasonable privately negotiated fuel cost adjustment provision in any contract or agreement to provide transportation. ``(b) Continuation of Authority.--Nothing in section 13714 shall impair the ability of any person to enter into any contract or agreement after the date of the enactment of the Motor Carrier Fuel Cost Equity Act of 2000 that provides for a fuel adjustment under this section or section 13714 during any period in which no fuel surcharge is required under section 13714.''. (b) Clerical Amendment.--The analysis for chapter 137 of such title is amended by adding at the end the following: ``13714. Fuel surcharge. ``13715. Negotiated fuel adjustments.''. SEC. 3. CONFORMING AMENDMENT. Section 14102 of title 49, United States Code, is amended by adding at the end the following: ``(c) Mandatory Pass-Through to Cost Bearer.-- ``(1) In general.--A motor carrier, broker, or freight forwarder providing transportation or service using motor vehicles not owned by it and using fuel not paid for by it-- ``(A) shall pass through to the person responsible for paying for fuel any fuel surcharge required pursuant to section 13714, or fuel cost adjustment permitted under section 13715, or provided for in transportation contracts or agreements; ``(B) shall disclose in writing to the person responsible for paying for fuel the amount of all freight rates and charges and fuel surcharges under section 13714 and fuel cost adjustments permitted under section 13715 applicable to such transportation or service; and ``(C) is prohibited from-- ``(i) intentionally reducing compensatory transportation costs (other than the fuel surcharge) to the person responsible for paying for fuel for the purpose of adjusting for or avoiding the pass through of the fuel surcharge; and ``(ii) intentionally imposing a fuel cost adjustment in accordance with section 13715 for the purpose of avoiding any payment under this section or section 13714. ``(2) Limitation on authority.--Notwithstanding any other provision of this part, the person responsible for paying for fuel may only bring an action to enforce this section under section 14704 against the motor carrier, freight forwarder, or broker providing the transportation services with vehicles not owned by it. Neither the Secretary of Transportation nor the Surface Transportation Board shall have regulatory or enforcement authority relating to provisions of this subsection. ``(3) Effective period.--Paragraphs (1) and (2) shall be in effect beginning the 60th day following the date of the enactment of this section and ending September 30, 2003.''. Passed the House of Representatives October 10, 2000. Attest: Clerk.

Requires the surcharge to be: (1) calculated on the date the shipment is tendered to the motor carrier, broker, or freight forwarder; (2) itemized separately on invoices; and (3) paid by the payor of transportation charges. Declares that any action to enforce this Act may only be brought by the motor carrier, broker, or freight forwarder that provided the transportation services against the payor of the charges, or by the payor against the motor carrier, broker, or freight forwarder. Limits a court's authority to determining only whether a surcharge under this Act (as opposed to any other charges) has been assessed or paid. Denies either the Secretary or the Board any regulatory or enforcement authority relating to this Act. Declares that nothing in this Act shall: (1) be construed to prohibit any motor carrier, broker, or freight forwarder from including any reasonable privately negotiated fuel cost adjustment provision in any transportation contract or agreement; or (2) impair the ability of any person to enter into any contract or agreement after enactment of this Act that provides for a fuel adjustment during any period in which no fuel surcharge is required. Requires any motor carrier, broker, or freight forwarder providing transportation or service using motor vehicles not owned by it and using fuel not paid for by it to pass any fuel surcharge through, with due notice in writing, to the person responsible for paying for fuel. Prohibits any reduction in compensatory transportation costs (other than the fuel surcharge) to the payor of fuel for the purpose of adjusting for or avoiding the pass through of the fuel surcharge. Prohibits any intentional imposition of a fuel cost adjustment for the purpose of avoiding any payment under this Act. Declares that the person responsible for paying for fuel may only bring an action to enforce this Act against the motor carrier, freight forwarder, or broker providing the transportation services with vehicles not owned by it.

Motor Carrier Fuel Cost Equity Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayer Rebate and Responsibility Act''. SEC. 2. REFUND OF CERTAIN BUDGET SURPLUS AMOUNTS. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 (relating to abatements, credits, and refunds) is amended by adding at the end the following new section: ``SEC. 6429. REFUND OF BUDGET SURPLUS AMOUNTS. ``(a) In General.--Each individual who was an eligible individual for such individual's first taxable year beginning in the calendar year in which a surplus year begins shall be treated as having made a payment against the tax imposed by chapter 1 for such first taxable year in an amount equal to the lesser of-- ``(1) the taxpayer's allocable portion of the refund amount for such taxable year, or ``(2) the taxpayer's limitation amount for such taxable year. ``(b) Timing of Payments.--In the case of any overpayment attributable to this section, the Secretary shall, subject to the provisions of this title, refund or credit such overpayment as rapidly as possible. ``(c) Definitions.--For purposes of this section-- ``(1) Eligible individual.--The term `eligible individual' means any individual other than-- ``(A) any estate or trust, ``(B) any nonresident alien individual, and ``(C) any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which the individual's taxable year begins. ``(2) Surplus year.--The term `surplus year' means a fiscal year for which the Director of the Office of Management and Budget certifies to the President and the Congress after the close of such year that there is a surplus in the budget of the United States for such fiscal year and the amount of such surplus, determined without regard to the income and expenditures of the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, and the Federal Hospital Insurance Trust Fund. Such term shall not include any year if the Secretary determines that the cost of carrying out this section with respect to such year would exceed the refund amount for such year. ``(3) Refund amount.-- ``(A) In general.--The term `refund amount' means with respect to a surplus year, the applicable percentage of the amount of the surplus certified under paragraph (2) for that year. ``(B) Applicable percentage.--The term `applicable percentage' means such percentage as the Secretary may determine with respect to any surplus year, except that such percentage shall not be less than 50 percent nor more than 100 percent. ``(4) Taxpayer's allocable portion of the refund amount.--A taxpayer's allocable portion of the refund amount is the portion of the refund amount determined by the Secretary to be the amount which bears the same ratio to the tax paid by the taxpayer under subtitle A for the taxpayer's first taxable year beginning in the calendar year in which the surplus year begins as the total amount of taxes imposed under subtitle A on all eligible individuals for such taxable year bears to the total amount of the refund amount for the surplus year. ``(5) Limitation amount.--The term `limitation amount' means, with respect to any taxable year, the excess (if any) of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) for such taxable year plus the tax imposed by section 55 for such taxable year, over ``(B) the sum of the credits allowable under part IV of subchapter A of chapter 1 (other than the credits allowable under subpart C thereof, relating to refundable credits) for such taxable year. ``(d) Special Rules.-- ``(1) No interest.--No interest shall be allowed on any overpayment attributable to this section. ``(2) Joint returns.--In the case of a refund or credit made or allowed under this section with respect to a joint return, half of such refund or credit shall be treated as having been made or allowed to each individual filing such return.''. (b) Clerical Amendment.--The table of sections for subchapter B of chapter 65 is amended by adding at the end the following new item: ``6429. Refund of budget surplus amounts.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Taxpayer Rebate and Responsibility Act - Amends the Internal Revenue Code to provide for refunds or credits to individual taxpayers of a portion of their income tax for any year in which the Director of the Office of Management and Budget certifies that there is a surplus in the U.S. budget.

To amend the Internal Revenue Code of 1986 to provide for refunds to taxpayers of the budget surplus for each year of surplus.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Glaucoma Screening Act of 2007''. SEC. 2. FINDINGS. Congress finds the following: (1) It is estimated that only half of the more than 3,000,000 individuals in the United States that have glaucoma are aware that they have glaucoma. (2) Glaucoma is the leading cause of blindness among African-Americans and Hispanics. (3) Glaucoma is 6 to 8 times more common in African- Americans than in Caucasians. (4) Glaucoma accounts for over 7,000,000 visits to physicians each year. (5) In terms of Social Security benefits paid, lost income tax revenues, and health care expenditures, the cost of glaucoma to the United States government is estimated to be over $1.5 billion annually. (6) Poor vision costs Medicare more than $2 billion per year in non-eye-related illnesses and healthcare needs. (7) Medicare currently provides coverage for glaucoma screenings for beneficiaries in the following high risk groups: (A) Individuals with diabetes. (B) Individuals with a family history of glaucoma. (C) African-Americans 50 years of age and older. (D) Hispanics 65 years of age and older. (8) Although Medicare has covered glaucoma screenings since 1998 for beneficiaries with diabetes, less than 45 percent of those beneficiaries have had an eye exam. SEC. 3. DIRECTING SECRETARY TO INCLUDE COVERAGE OF GLAUCOMA SCREENINGS UNDER MEDICARE FOR CERTAIN HISPANICS. (a) Expanding Medicare Coverage of Glaucoma Screenings to Hispanics 50 Years of Age and Older.--Section 1861(s)(2)(U) of the Social Security Act (42 U.S.C. 1395x(s)(2)(U)) is amended by striking ``determined to be'' and all that follows through ``diabetes'' and inserting the following: ``with a family history of glaucoma, individuals with diabetes, and individuals determined to be at high risk for glaucoma including, among other individuals determined to be at high risk for glaucoma, individuals who are both older than 49 years of age and Hispanic''. (b) Effective Date.--The amendment made by subsection (a) applies with respect to services furnished on or after January 1, 2008. SEC. 4. ESTABLISHING GRANT PROGRAM TO PROVIDE SCREENINGS FOR GLAUCOMA TO HIGH RISK INDIVIDUALS. (a) Grant Program.--The Secretary shall establish a program to award a grant to an eligible entity (as described in subsection (b)) to provide screenings for glaucoma for individuals determined to be at high risk for glaucoma. (b) Eligibility.--In order to be eligible to receive a grant under this section, an entity shall-- (1) submit an application at such time, in such form, and with such information and assurances as the Secretary may require; (2) be located within the United States, the Commonwealth of Puerto Rico, or a territory or possession of the United States; and (3) be dedicated solely to screening individuals for glaucoma and other eye diseases. (c) Use of Funds.--An entity receiving a grant under this section shall use the grant in accordance with the following requirements: (1) The entity shall utilize mobile screening units to test for glaucoma and other eye diseases. (2) The entity shall target screening activities to populations primarily consisting of individuals determined to be at high risk for glaucoma. (3) The entity shall form partnerships with Federally- qualified health centers to increase awareness of the need for screenings for glaucoma and to provide screenings for glaucoma for individuals determined to be at high risk for glaucoma, individuals with a family history of glaucoma, and individuals with diabetes. (4) The entity shall provide grants to approved medical residency training programs to permit students participating in the programs to conduct screenings for glaucoma for individuals determined to be at high risk for glaucoma. (5) The entity shall conduct all grant-funded activities within the United States, the Commonwealth of Puerto Rico, or a territory or possession of the United States. (d) Definitions.--For the purposes of this section, the following definitions apply: (1) Approved medical residency training program.--The term ``approved medical residency training program'' has the meaning given that term in section 1886(h)(5)(A) of the Social Security Act (42 U.S.C. 1395ww(h)(5)(A)). (2) Federally-qualified health center.--The term ``Federally-qualified health center'' has the meaning given that term in section 1861(aa)(4) of the Social Security Act (42 U.S.C.1395x(aa)(4)). (3) Individuals determined to be at high risk for glaucoma.--The term ``individuals determined to be at high risk for glaucoma'' means those individuals determined by the Secretary to be at high risk for glaucoma pursuant to the Secretary's administration of section 1861(s)(2)(U) of the Social Security Act (42 U.S.C. 1395x(s)(2)(U)), as amended by section 3(a), but without regard to the age of the individual. (4) Screening for glaucoma.--The term ``screening for glaucoma'' has the meaning given that term in section 1861(uu) of the Social Security Act (42 U.S.C. 1395x(uu)). (5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (e) Authorization of Appropriations.--There is authorized to be appropriated $10,000,000 for grants under this section for each of the first 5 fiscal years beginning after the date of enactment of this Act.

Glaucoma Screening Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act to expand coverage of screening for glaucoma to include individuals who are both older than 49 years of age and Hispanic. Directs the Secretary of Health and Human Services to establish a program to award a grant to an eligible entity to provide glaucoma screenings to individuals determined to be at high risk. Requires such an entity to: (1) utilize mobile screening units to test for glaucoma and other eye diseases; (2) target screening activities to populations primarily consisting of high-risk individuals; (3) form partnerships with federally-qualified health centers to increase awareness of the need for glaucoma screenings and to provide screenings for high-risk individuals; and (4) provide grants to approved medical residency training programs to permit participating students to conduct such screenings.

A bill to establish a grant program to provide screenings for glaucoma to individuals determined to be at a high risk for glaucoma, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clinical Research Enhancement Act of 1999''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) Clinical research is critical to the advancement of scientific knowledge and to the development of cures and improved treatment for disease. (2) Tremendous advances in biology are opening doors to new insights into human physiology, pathophysiology and disease, creating extraordinary opportunities for clinical research. (3) Clinical research includes translational research which is an integral part of the research process leading to general human applications. It is the bridge between the laboratory and new methods of diagnosis, treatment, and prevention and is thus essential to progress against cancer and other diseases. (4) The United States will spend more than $1,200,000,000,000 on health care in 1999, but the Federal budget for health research at the National Institutes of Health was $15,600,000,000 only 1 percent of that total. (5) Studies at the Institute of Medicine, the National Research Council, and the National Academy of Sciences have all addressed the current problems in clinical research. (6) The Director of the National Institutes of Health has recognized the current problems in clinical research and appointed a special panel, which recommended expanded support for existing National Institutes of Health clinical research programs and the creation of new initiatives to recruit and retain clinical investigators. (7) The current level of training and support for health professionals in clinical research is fragmented, undervalued, and underfunded. (8) Young investigators are not only apprentices for future positions but a crucial source of energy, enthusiasm, and ideas in the day-to-day research that constitutes the scientific enterprise. Serious questions about the future of life-science research are raised by the following: (A) The number of young investigators applying for grants dropped by 54 percent between 1985 and 1993. (B) The number of physicians applying for first- time National Institutes of Health research project grants fell from 1226 in 1994 to 963 in 1998, a 21 percent reduction. (C) Newly independent life-scientists are expected to raise funds to support their new research programs and a substantial proportion of their own salaries. (9) The following have been cited as reasons for the decline in the number of active clinical researchers, and those choosing this career path: (A) A medical school graduate incurs an average debt of $85,619, as reported in the Medical School Graduation Questionnaire by the Association of American Medical Colleges (AAMC). (B) The prolonged period of clinical training required increases the accumulated debt burden. (C) The decreasing number of mentors and role models. (D) The perceived instability of funding from the National Institutes of Health and other Federal agencies. (E) The almost complete absence of clinical research training in the curriculum of training grant awardees. (F) Academic Medical Centers are experiencing difficulties in maintaining a proper environment for research in a highly competitive health care marketplace, which are compounded by the decreased willingness of third party payers to cover health care costs for patients engaged in research studies and research procedures. (10) In 1960, general clinical research centers were established under the Office of the Director of the National Institutes of Health with an initial appropriation of $3,000,000. (11) Appropriations for general clinical research centers in fiscal year 1999 equaled $200,500,000. (12) Since the late 1960s, spending for general clinical research centers has declined from approximately 3 percent to 1 percent of the National Institutes of Health budget. (13) In fiscal year 1999, there were 77 general clinical research centers in operation, supplying patients in the areas in which such centers operate with access to the most modern clinical research and clinical research facilities and technologies. (b) Purpose.--It is the purpose of this Act to provide additional support for and to expand clinical research programs. SEC. 3. INCREASING THE INVOLVEMENT OF THE NATIONAL INSTITUTES OF HEALTH IN CLINICAL RESEARCH. Part B of title IV of the Public Health Service Act (42 U.S.C. 284 et seq.) is amended by adding at the end the following: ``SEC. 409C. CLINICAL RESEARCH. ``(a) In General.--The Director of National Institutes of Health shall undertake activities to support and expand the involvement of the National Institutes of Health in clinical research. ``(b) Requirements.--In carrying out subsection (a), the Director of National Institutes of Health shall-- ``(1) consider the recommendations of the Division of Research Grants Clinical Research Study Group and other recommendations for enhancing clinical research; and ``(2) establish intramural and extramural clinical research fellowship programs directed specifically at medical and dental students and a continuing education clinical research training program at the National Institutes of Health. ``(c) Support for the Diverse Needs of Clinical Research.--The Director of National Institutes of Health, in cooperation with the Directors of the Institutes, Centers, and Divisions of the National Institutes of Health, shall support and expand the resources available for the diverse needs of the clinical research community, including inpatient, outpatient, and critical care clinical research. ``(d) Peer Review.--The Director of National Institutes of Health shall establish peer review mechanisms to evaluate applications for the awards and fellowships provided for in subsection (b)(2) and section 409D. Such review mechanisms shall include individuals who are exceptionally qualified to appraise the merits of potential clinical research training and research grant proposals.''. SEC. 4. GENERAL CLINICAL RESEARCH CENTERS. (a) Grants.--Subpart 1 of part B of title IV of the Public Health Service Act (42 U.S.C. 287 et seq.) is amended by adding at the end the following: ``SEC. 481C. GENERAL CLINICAL RESEARCH CENTERS. ``(a) Grants.--The Director of the National Center for Research Resources shall award grants for the establishment of general clinical research centers to provide the infrastructure for clinical research including clinical research training and career enhancement. Such centers shall support clinical studies and career development in all settings of the hospital or academic medical center involved. ``(b) Activities.--In carrying out subsection (a), the Director of National Institutes of Health shall expand the activities of the general clinical research centers through the increased use of telecommunications and telemedicine initiatives. ``(c) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each fiscal year.''. (b) Enhancement Awards.--Part B of title IV of the Public Health Service Act (42 U.S.C. 284 et seq.), as amended by section 3, is further amended by adding at the end the following: ``SEC. 409D. ENHANCEMENT AWARDS. ``(a) Mentored Patient-Oriented Research Career Development Awards.-- ``(1) Grants.-- ``(A) In general.--The Director of the National Institutes of Health shall make grants (to be referred to as `Mentored Patient-Oriented Research Career Development Awards') to support individual careers in clinical research at general clinical research centers or at other institutions that have the infrastructure and resources deemed appropriate for conducting patient-oriented clinical research. ``(B) Use.--Grants under subparagraph (A) shall be used to support clinical investigators in the early phases of their independent careers by providing salary and such other support for a period of supervised study. ``(2) Applications.--An application for a grant under this subsection shall be submitted by an individual scientist at such time as the Director may require. ``(3) Authorization of appropriations.--For the purpose of carrying out this subsection, there are authorized to be appropriated such sums as may be necessary for each fiscal year. ``(b) Mid-Career Investigator Awards in Patient-Oriented Research.-- ``(1) Grants.-- ``(A) In general.--The Director of the National Institutes of Health shall make grants (to be referred to as `Mid-Career Investigator Awards in Patient- Oriented Research') to support individual clinical research projects at general clinical research centers or at other institutions that have the infrastructure and resources deemed appropriate for conducting patient-oriented clinical research. ``(B) Use.--Grants under subparagraph (A) shall be used to provide support for mid-career level clinicians to allow such clinicians to devote time to clinical research and to act as mentors for beginning clinical investigators. ``(2) Applications.--An application for a grant under this subsection shall be submitted by an individual scientist at such time as the Director requires. ``(3) Authorization of appropriations.--For the purpose of carrying out this subsection, there are authorized to be appropriated such sums as may be necessary for each fiscal year. ``(c) Graduate Training in Clinical Investigation Award.-- ``(1) In general.--The Director of the National Institutes of Health shall make grants (to be referred to as `Graduate Training in Clinical Investigation Awards') to support individuals pursuing master's or doctoral degrees in clinical investigation. ``(2) Applications.--An application for a grant under this subsection shall be submitted by an individual scientist at such time as the Director may require. ``(3) Limitations.--Grants under this subsection shall be for terms of 2 years or more and shall provide stipend, tuition, and institutional support for individual advanced degree programs in clinical investigation. ``(4) Definition.--As used in this subsection, the term `advanced degree programs in clinical investigation' means programs that award a master's or Ph.D. degree in clinical investigation after 2 or more years of training in areas such as the following: ``(A) Analytical methods, biostatistics, and study design. ``(B) Principles of clinical pharmacology and pharmacokinetics. ``(C) Clinical epidemiology. ``(D) Computer data management and medical informatics. ``(E) Ethical and regulatory issues. ``(F) Biomedical writing. ``(5) Authorization of appropriations.--For the purpose of carrying out this subsection, there are authorized to be appropriated such sums as may be necessary for each fiscal year. ``(d) Clinical Research Curriculum Awards.-- ``(1) In general.--The Director of the National Institutes of Health shall make grants (to be referred to as `Clinical Research Curriculum Awards') to institutions for the development and support of programs of core curricula for training clinical investigators, including medical students. Such core curricula may include training in areas such as the following: ``(A) Analytical methods, biostatistics, and study design. ``(B) Principles of clinical pharmacology and pharmacokinetics. ``(C) Clinical epidemiology. ``(D) Computer data management and medical informatics. ``(E) Ethical and regulatory issues. ``(F) Biomedical writing. ``(2) Applications.--An application for a grant under this subsection shall be submitted by an individual institution or a consortium of institutions at such time as the Director may require. An institution may submit only 1 such application. ``(3) Limitations.--Grants under this subsection shall be for terms of up to 5 years and may be renewable. ``(4) Authorization of appropriations.--For the purpose of carrying out this subsection, there are authorized to be appropriated such sums as may be necessary for each fiscal year.''. SEC. 5. LOAN REPAYMENT PROGRAM REGARDING CLINICAL RESEARCHERS. Part G of title IV of the Public Health Service Act is amended by inserting after section 487E (42 U.S.C. 288-5) the following: ``SEC. 487F. LOAN REPAYMENT PROGRAM REGARDING CLINICAL RESEARCHERS. ``(a) In General.--The Secretary, acting through the Director of the National Institutes of Health, shall establish a program to enter into contracts with qualified health professionals under which such health professionals agree to conduct clinical research, in consideration of the Federal Government agreeing to repay, for each year of service conducting such research, not more than $35,000 of the principal and interest of the educational loans of such health professionals. ``(b) Application of Provisions.--The provisions of sections 338B, 338C, and 338E shall, except as inconsistent with subsection (a) of this section, apply to the program established under subsection (a) to the same extent and in the same manner as such provisions apply to the National Health Service Corps Loan Repayment Program established in subpart III of part D of title III. ``(c) Funding.-- ``(1) Authorization of appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each fiscal year. ``(2) Availability.--Amounts appropriated for carrying out this section shall remain available until the expiration of the second fiscal year beginning after the fiscal year for which the amounts were made available.''. SEC. 6. DEFINITION. Section 409 of the Public Health Service Act (42 U.S.C. 284d) is amended-- (1) by striking ``For purposes'' and inserting ``(a) Health Service Research.--For purposes''; and (2) by adding at the end the following: ``(b) Clinical Research.--As used in this title, the term `clinical research' means patient oriented clinical research conducted with human subjects, or research on the causes and consequences of disease in human populations involving material of human origin (such as tissue specimens and cognitive phenomena) for which an investigator or colleague directly interacts with human subjects in an outpatient or inpatient setting to clarify a problem in human physiology, pathophysiology or disease, or epidemiologic or behavioral studies, outcomes research or health services research, or developing new technologies, therapeutic interventions, or clinical trials.''. SEC. 7. OVERSIGHT BY GENERAL ACCOUNTING OFFICE. Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Congress a reporting describing the extent to which the National Institutes of Health has complied with the amendments made by this Act. Passed the Senate November 19, 1999. Attest: GARY SISCO, Secretary.

(Sec. 4) Mandates grants to: (1) establish general clinical research centers to provide the infrastructure for clinical research, including clinical research training and career enhancement; (2) support individual careers in clinical research at general clinical research centers or at other institutions (to be known as Mentored Patient-Oriented Research Career Development Awards); (3) support individual clinical research projects at general clinical research centers or at other institutions (to be known as Mid-Career Investigator Awards in Patient-Oriented Research); (4) support individuals pursuing master's or doctoral degrees in clinical investigation (to be known as Graduate Training in Clinical Investigation Awards); and (5) develop and support programs for training clinical investigators in biostatistics, pharmacology, and other core curricula (to be known as Clinical Research Curriculum Awards). Authorizes appropriations. (Sec. 5) Directs the Secretary of Health and Human Services to establish a loan repayment program for qualified health professionals who have contracted with the Federal Government to conduct clinical research in return for the Government's repayment of a specified amount of their educational loans for each year of service. Authorizes appropriations to carry out the loan repayment provisions. (Sec. 7) Directs the Comptroller General to report to Congress on the extent to which the NIH has complied with requirements of this Act.

Clinical Research Enhancement Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Middle-Income Savings and Investment Act of 1999''. SEC. 2. EXEMPTION OF CERTAIN INTEREST AND DIVIDEND INCOME FROM TAX. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to amounts specifically excluded from gross income) is amended by inserting after section 115 the following new section: ``SEC. 116. PARTIAL EXCLUSION OF DIVIDENDS AND INTEREST RECEIVED BY INDIVIDUALS. ``(a) Exclusion From Gross Income.--Gross income does not include the sum of the amounts received during the taxable year by an individual as-- ``(1) dividends from domestic corporations, or ``(2) interest. ``(b) Limitations.-- ``(1) Maximum amount.--The aggregate amount excluded under subsection (a) for any taxable year shall not exceed $200 ($400 in the case of a joint return). ``(2) Certain dividends excluded.--Subsection (a)(1) shall not apply to any dividend from a corporation which, for the taxable year of the corporation in which the distribution is made, or for the next preceding taxable year of the corporation, is a corporation exempt from tax under section 501 (relating to certain charitable, etc., organization) or section 521 (relating to farmers' cooperative associations). ``(c) Interest.--For purposes of this section, the term `interest' means-- ``(1) interest on deposits with a bank (as defined in section 581), ``(2) amounts (whether or not designated as interest) paid in respect of deposits, investment certificates, or withdrawable or repurchasable shares, by-- ``(A) a mutual savings bank, cooperative bank, domestic building and loan association, industrial loan association or bank, or credit union, or ``(B) any other savings or thrift institution which is chartered and supervised under Federal or State law, the deposits or accounts in which are insured under Federal or State law or which are protected and guaranteed under State law, ``(3) interest on-- ``(A) evidences of indebtedness (including bonds, debentures, notes, and certificates) issued by a domestic corporation in registered form, and ``(B) to the extent provided in regulations prescribed by the Secretary, other evidences of indebtedness issued by a domestic corporation of a type offered by corporations to the public, ``(4) interest on obligations of the United States, a State, or a political subdivision of a State (not excluded from gross income of the taxpayer under any other provision of law), and ``(5) interest attributable to participation shares in a trust established and maintained by a corporation established pursuant to Federal law. ``(d) Special Rules.--For purposes of this section-- ``(1) Distributions from regulated investment companies and real estate investment trusts.--Subsection (a) shall apply with respect to distributions by-- ``(A) regulated investment companies to the extent provided in section 854(c), and ``(B) real estate investment trusts to the extent provided in section 857(c). ``(2) Distributions by a trust.--For purposes of subsection (a), the amount of dividends and interest properly allocable to a beneficiary under section 652 or 662 shall be deemed to have been received by the beneficiary ratably on the same date that the dividends and interest were received by the estate or trust. ``(3) Certain nonresident aliens ineligible for exclusion.--In the case of a nonresident alien individual, subsection (a) shall apply only-- ``(A) in determining the tax imposed for the taxable year pursuant to section 871(b)(1) and only in respect of dividends and interest which are effectively connected with the conduct of a trade or business within the United States, or ``(B) in determining the tax imposed for the taxable year pursuant to section 877(b).''. (b) Conforming Amendments.-- (1) The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 115 the following new item: ``Sec. 116. Partial exclusion of dividends and interest received by individuals.''. (2) Paragraph (2) of section 265(a) of such Code is amended by inserting before the period at the end the following: ``, or to purchase or carry obligations or shares, or to make deposits, to the extent the interest thereon is excludable from gross income under section 116''. (3) Subsection (c) of section 584 of such Code is amended by adding at the end the following new flush sentence: ``The proportionate share of each participant in the amount of dividends or interest received by the common trust fund and to which section 116 applies shall be considered for purposes of such section as having been received by such participant.''. (4) Subsection (a) of section 643 of such Code is amended by redesignating paragraph (7) as paragraph (8) and by inserting after paragraph (6) the following new paragraph: ``(7) Dividends or interest.--There shall be included the amount of any dividends or interest excluded from gross income pursuant to section 116.''. (5) Section 854 of such Code is amended by adding at the end the following new subsection: ``(c) Treatment Under Section 116.-- ``(1) In general.--For purposes of section 116, in the case of any dividend (other than a dividend described in subsection (a)) received from a regulated investment company which meets the requirements of section 852 for the taxable year in which it paid the dividend-- ``(A) the entire amount of such dividend shall be treated as a dividend if the sum of the aggregate dividends and the aggregate interest received by such company during the taxable year equals or exceeds 75 percent of its gross income, or ``(B) if subparagraph (A) does not apply, there shall be taken into account under section 116 only the portion of such dividend which bears the same ratio to the amount of such dividend as the sum of the aggregate dividends received and aggregate interest received bears to gross income. For purposes of the preceding sentence, gross income and aggregate interest received shall each be reduced by so much of the deduction allowable by section 163 for the taxable year as does not exceed aggregate interest received for the taxable year. ``(2) Notice to shareholders.--The amount of any distribution by a regulated investment company which may be taken into account as a dividend for purposes of the exclusion under section 116 shall not exceed the amount so designated by the company in a written notice to its shareholders mailed not later than 60 days after the close of its taxable year. ``(3) Definitions.--For purposes of this subsection-- ``(A) The term `gross income' does not include gain from the sale or other disposition of stock or securities. ``(B) The term `aggregate dividends' includes only dividends received from domestic corporations other than dividends described in section 116(b)(2). In determining the amount of any dividend for purposes of this subparagraph, the rules provided in section 116(d)(1) (relating to certain distributions) shall apply. ``(C) The term `interest' has the meaning given such term by section 116(c).''. (6) Subsection (c) of section 857 of such Code is amended to read as follows: ``(c) Limitations Applicable to Dividends Received From Real Estate Investment Trusts.-- ``(1) In general.--For purposes of section 116 (relating to an exclusion for dividends and interest received by individuals) and section 243 (relating to deductions for dividends received by corporations), a dividend received from a real estate investment trust which meets the requirements of this part shall not be considered as a dividend. ``(2) Treatment as interest.--For purposes of section 116, in the case of a dividend (other than a capital gain dividend, as defined in subsection (b)(3)(C)) received from a real estate investment trust which meets the requirements of this part for the taxable year in which it paid the dividend-- ``(A) such dividend shall be treated as interest if the aggregate interest received by the real estate investment trust for the taxable year equals or exceeds 75 percent of its gross income, or ``(B) if subparagraph (A) does not apply, the portion of such dividend which bears the same ratio to the amount of such dividend as the aggregate interest received bears to gross income shall be treated as interest. ``(3) Adjustments to gross income and aggregate interest received.--For purposes of paragraph (2)-- ``(A) gross income does not include the net capital gain, ``(B) gross income and aggregate interest received shall each be reduced by so much of the deduction allowable by section 163 for the taxable year (other than for interest on mortgages on real property owned by the real estate investment trust) as does not exceed aggregate interest received by the taxable year, and ``(C) gross income shall be reduced by the sum of the taxes imposed by paragraphs (4), (5), and (6) of section 857(b). ``(4) Interest.--The term `interest' has the meaning given such term by section 116(c). ``(5) Notice to shareholders.--The amount of any distribution by a real estate investment trust which may be taken into account as interest for purposes of the exclusion under section 116 shall not exceed the amount so designated by the trust in a written notice to its shareholders mailed not later than 60 days after the close of its taxable year.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1998.

Middle-Income Savings and Investment Act of 1999 - Amends the Internal Revenue Code to exclude from individual gross income up to $200 ($400 for joint filers) of the sum of dividends from domestic corporations or interest. Sets forth related provisions with respect to: (1) distributions from regulated investment companies and real estate investment trusts; and (2) nonresident aliens.

Middle-Income Savings and Investment Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Standardization of Collegiate Oversight of Revenues and Expenditures Act'' or ``SCORE Act''. SEC. 2. REPORTING BY INSTITUTIONS OF HIGHER EDUCATION ON ATHLETIC REVENUE AND EXPENSES. Section 485(g) of the Higher Education Act of 1965 (20 U.S.C. 1092(g)) is amended-- (1) in paragraph (1), by adding at the end the following: ``(K) The amount of revenue generated by each of the following categories, disaggregated by each sports team, if applicable: ``(i) Ticket sales. ``(ii) Student fees. ``(iii) Distributions from any other intercollegiate athletic association, conference, or tournament. ``(iv) Appearance guarantees and options. ``(v) Contributions from alumni and others. ``(vi) Compensation and benefits provided by third-party support. ``(vii) Concessions, programs, novelties, and parking. ``(viii) Broadcast and media rights, reported separately for television, radio, internet, and print. ``(ix) Royalties, advertising, and sponsorship. ``(x) Sports camps. ``(xi) Endowment and investment income, reported separately for each source of such income. ``(xii) Direct institutional support. ``(xiii) Indirect institutional support for facilities, services, and administrative support. ``(xiv) Direct government support, reported separately by State government, local government, Federal Government. ``(L) The expenses attributable to each of the following categories, disaggregated by each sports team, as applicable: ``(i) Grants-in-aid. ``(ii) Guarantees and options. ``(iii) Total salaries and benefits, and salaries and benefits paid by the institution and by third parties, respectively, to head coaches, to assistant coaches, and for administrative salaries. ``(iv) Severance pay. ``(v) Team travel. ``(vi) Recruiting. ``(vii) Equipment, uniforms, and supplies. ``(viii) Fundraising. ``(ix) Marketing and promotion. ``(x) Game expenses. ``(xi) Medical. ``(xii) Membership dues. ``(xiii) Sports camps. ``(xiv) Spirit groups. ``(xv) Transfers to the institution. ``(xvi) Debt service payments. ``(xvii) Athletic facility maintenance and rental. ``(xviii) Indirect facilities and administrative support. ``(xix) Education and general expenses of the institution-- ``(I) including instruction, research, public service, academic support, student services, instructional support, and scholarships and fellowships; and ``(II) which do not include expenses with respect to auxiliary enterprises, hospitals, or independent operations.''; (2) in paragraph (5)-- (A) by striking ``the term'' and inserting the following: ``(A) the term''; (B) by striking the period at the end inserting ``; and''; and (C) by adding at the end the following: ``(B) the terms listed in each of the categories under subparagraphs (K) through (L) of paragraph (1) shall be defined by the Secretary by regulation, developed in consultation with the Secretary of the Treasury and the task force described in paragraph (6)(A), and such definitions shall be updated in accordance with paragraph (6)(B).''; and (3) by adding at the end the following: ``(6) Task force; definition updates.-- ``(A) Task force.--The Secretary shall appoint a task force of nonprofit and higher education accounting experts, professionals, and organizations representing each of the following: ``(i) Institutions of higher education that are members of division I of National Collegiate Athletic Association. ``(ii) Institutions of higher education that are members of division II of National Collegiate Athletic Association. ``(iii) Institutions of higher education that are members of division III of National Collegiate Athletic Association. ``(B) Updating definitions.--The Secretary, on a biannual basis and in consultation with the task force described in subparagraph (A), shall review each definition under paragraph (5)(B) and, if necessary, update such definition in accordance with generally accepted accounting principles or significant changes in the national system of intercollegiate athletics. ``(7) Special rule.--An institution of higher education that submits the information described in subparagraphs (K) through (L) of paragraph (1) to an intercollegiate athletic association for an academic year, and such information is verified by an independent audit and certified by chancellor of the institution, may, in lieu of submitting such information under paragraph (1), request such association to directly submit such information to the Secretary on behalf of the institution for such academic year.''. SEC. 3. PROGRAM REQUIREMENTS. Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended by adding at the end the following: ``(30)(A) An institution will not be a member of any intercollegiate athletic association or participate in any national intercollegiate athletics competition organized by any person, unless such association or person reports, on an annual basis, to the Secretary the following, disaggregated by sport, athletic event, or contract, as applicable: ``(i) Total generated revenue and amount of revenue generated by each of the following categories: ``(I) Total ticket sales. ``(II) Distributions from other intercollegiate athletic organization or person. ``(III) Cash contributions. ``(IV) Dues and other assessments from member institutions of higher education. ``(V) Third-party support. ``(VI) Merchandise. ``(VII) Concessions, programs, and novelties. ``(VIII) Broadcast and media rights, reported separately for television, radio, internet, and print. ``(IX) Endowment and investment income, reported separately for each source of such income. ``(X) Other corporate sponsorship. ``(XI) Royalties, advertising, and sponsorship. ``(XII) Net assets. ``(XIII) Direct government support, reported separately by State government, local government, or Federal Government. ``(XIV) Any other category determined appropriate by the Secretary. ``(ii) Amount of expenses attributable to each of the following categories: ``(I) Disbursements to institutions of higher educations, athletic conferences, or other persons. ``(II) Salaries and benefits. ``(III) Severance pay. ``(IV) Equipment, uniforms, and supplies. ``(V) Fundraising. ``(VI) Marketing and promotion. ``(VII) Game expenses. ``(VIII) Medical. ``(IX) Facility construction. ``(X) Facility maintenance and rental. ``(XI) Capital investment. ``(XII) Debt service payments. ``(XIII) Charitable donations. ``(XIV) Any other category determined appropriate by the Secretary. ``(iii) Executive compensation schedules. ``(B) The Secretary shall-- ``(i) define by regulation, developed in consultation with the Secretary of the Treasury and the task force described in section 485(g)(6)(A), the terms listed in each of the categories under subparagraphs (A); and ``(ii) on a biannual basis and in consultation with such task force, review each definition under clause (i) and, if necessary, update such definition in accordance with generally accepted accounting principles or significant changes in the national system of intercollegiate athletics.''.

Standardization of Collegiate Oversight of Revenues and Expenditures Act or the SCORE Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require each coeducational institution of higher education (IHE) that is participating in a title IV program and has an intercollegiate athletic program to include in its annual report on its intercollegiate athletic program: (1) the amount of revenue generated by each item on a list of categorized sources, disaggregated by each sports team; and (2) the expenses attributable to each item on a list of categorized activities or obligations, disaggregated by each sports team. Prohibits an IHE from being a member of any intercollegiate athletic association or participating in any national intercollegiate athletics competition organized by any person, unless such association or person annually reports and disaggregates by sport, athletic event, or contract, as applicable: (1) the total generated revenue and amount of revenue generated by each item on a list of categorized sources, (2) the amount of expenses attributable to each item on a list of categorized activities or obligations, and (3) executive compensation schedules. Directs the Secretary of Education to: (1) define the categories of information that must be reported pursuant to this Act; and (2) biannually review and, as necessary, update each definition in accordance with generally accepted accounting principles or significant changes in the national system of intercollegiate athletics. Directs the Secretary to appoint a task force, made up of representatives from division I, II, and III schools in the National Collegiate Athletic Association (NCAA), with which the Secretary is to consult in defining or redefining each category.

SCORE Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Day Laborer Fairness and Protection Act''. SEC. 2. DEFINITIONS. In this Act the following definitions apply: (1) Day laborer.--The term ``day laborer'' means an individual who contracts for employment with a day labor service agency. (2) Day labor.--The term ``day labor'' means labor or employment that is occasional or irregular for which an individual is employed for not longer than the time period required to complete the assignment for which the individual was hired and in which wage payments are made directly or indirectly by the day labor service agency or the third party employer for work undertaken by a day laborer pursuant to a contract between the day labor service agency with the third party employer. Day labor does not include labor or employment of a professional or clerical nature. (3) Day labor service agency.--The term ``day labor service agency'' means any person or entity engaged in the business of employing day laborers to provide services to or for any third party employer pursuant to a contract with the day labor service agency and the third party employer. (4) Department.--The term ``Department'' means the Department of Labor. (5) Secretary.--The term ``Secretary'' means the Secretary of Labor. (6) Third party employer.--The term ``third party employer'' means any person or entity that contracts with a day labor service agency for the employment of day laborers. SEC. 3. EQUAL WAGES. (a) Equal Rate.--A day labor service agency shall provide notice of the wage rate expected to be paid by each third party employer using the services of the agency. For a third party employer, such wage rate shall be the rate that is equal to the rate paid to permanent employees of such third party employer who are performing substantially equivalent work, with due consideration given to seniority, experience, skills and qualifications. A day laborer shall be paid by a third party employer not less than the wage rate stated in the notice of the agency for all work performed for the third party employer, including the work contained in the description issued under section 6. (b) Wage Reduction.-- An employer who is paying a wage rate differential in violation of subsection (a) shall not, in order to comply with subsection (a), reduce the wage rate of any employee. (c) Agency Processing Delay.-- (1) In general.--If a day labor service agency expends more than 30 minutes in processing a day laborer's work assignment, the day labor service agency shall pay the day laborer for any additional waiting time at a rate that is not less than the rate in effect under section 6(a)(1) of the Fair Labor Standards Act of 1938 (20 U.S.C. 206) or the applicable State minimum wage law whichever is higher. (2) Limitation.--The time spent in transit to or from the designated work site or to or from the day labor service agency shall not be included in computing processing time. (d) Unpaid Wages.--For purposes of administration and enforcement of this Act, any amounts owing to any employee that have been withheld in violation of subsection (a) shall be deemed to be unpaid minimum wages or unpaid overtime compensation. (e) Enforcement.--Any employer who violates subsection (a) shall be liable to any eligible employee affected for damages equal to-- (1) the amount of any wages, salary, employment benefits, or other compensation denied or lost to such employee by reason of the violation; (2) the interest on the amount described in paragraph (1) calculated at the prevailing rate. (f) Criminal Provision.-- (1) In general.--Any employer or any agent of an employer, who, being able to pay wages, final compensation, or wage supplements and being under a duty to pay, willfully refuses to pay as provided in subsection (a), or falsely denies the amount or validity thereof or that the same is due, with intent to secure for such employer or other person any underpayment of such indebtedness with intent to annoy, harass, oppress, hinder, delay, or defraud the person to whom such indebtedness is due, shall be fined under title 18, United States Code. (2) Continued violation.--Each day during which any violation of subsection (a) continues shall constitute a separate and distinct offense. (g) Employer Failure To Pay.--Any employer who has been ordered by the Secretary or the court to pay wages due an employee and who fails to do so within 15 days after such order is entered shall be liable to pay a penalty of 10 percent per calendar day to the day laborer for each day of delay in paying such wages to the day laborer up to an amount equal to twice the sum of unpaid wages due the day laborer. (h) Other Wage Issues.-- (1) In general.--At the time of the payment of wages, a day labor service agency shall provide each day laborer with an itemized statement showing in detail each deduction made from the wages. (2) Annual statement.--A day labor service agency shall provide each worker an annual earnings summary within a reasonable time after the preceding calendar year, but in no case later than February 1. A day labor service agency shall, at the time of each wage payment, give notice to day laborers of the availability of the annual earnings summary or post such a notice in a conspicuous place in the public reception area. (3) Payment schedules.--At the request of a day laborer, a day labor service agency shall hold the daily wages of the day laborer and make either weekly or semi-monthly payments. The wages shall be paid in a single check representing the wages earned during the period for which wage payments are to be made, as designated by the day laborer. A day labor service agency that make daily wage payments shall provide written notification to all day laborers of the right to request weekly or semi-monthly checks. The day laborer service agency may provide such notice by conspicuously posting the notice at the location where the wages are received by the day laborers. (4) Check cashing.--A day labor service agency may not charge any day laborer for cashing a check issued by the agency for wages earned by a day laborer who performed work through that agency. (5) Overpayment.--A day laborer shall not be charged fees for overpayment to them by the day labor agency. SEC. 4. RIGHTS OF DAY LABORERS. (a) General Rights.--Any employer, or any agent of an employer, who knowingly discharges or in any other manner knowingly discriminates against any day laborer because that day laborer has-- (1) made a complaint to the day laborer's employer, or to the Secretary or the Secretary's authorized representative, that the day laborer has not been paid in accordance with section 3(a), (2) caused to be instituted any proceeding under or related to this Act, or (3) testified or is about to testify in an investigation or proceeding under this Act, shall be fined under title 18, United States Code. (b) Public Access Area.--Each day labor service agency shall provide adequate seating in the public access area of the offices of the agency. The public access area shall be the location for the employment and wage notices required by this Act. The public access area shall allow for access to restrooms and water. (c) Work Restriction.--No day labor service agency shall restrict the right of a day laborer to accept a permanent position with a third party employer to whom the day laborer has been referred for temporary work or restrict the right of such third party employer to offer such employment to a day laborer. Nothing in this subsection shall restrict a day labor service agency from receiving a placement fee from the third party employer for employing a day laborer for whom a contract for temporary work has been effected by the day labor service agency. SEC. 5. INJURIES. (a) Health Care Expenses.--If a day laborer is injured while working, the employer who has requested the services of such day laborer shall be responsible to pay for the health care costs associated with the injury unless compensation is available under the applicable State workmens' compensation law. (b) Transportation Liability.--A day labor service agency or a third party employer that transports a day laborer to or from a designated work site is liable for any injury to a day laborer arising from any accident that occurs while the day laborer is being transported to or from the work site. SEC. 6. NOTIFICATION REQUIREMENTS. A day labor service agency shall, in the public reception area, post a list of all employers that are seeking day laborers which shall include the following: (1) The name and address of the employer and the address of the work site if different from that of the employer. (2) The type of job opportunity for day laborers. (3) The amount of wages to be paid per hour for the work. (4) Whether transportation is available, the cost of transportation, if any, whether the work site is accessible by public or personal transportation, and the approximate commute time to the work site. A day labor service agency shall, for each job opportunity posted, provide a detailed description of the work which shall include the following: (A) A detailed description of the work to be performed by the day laborer, including any requirements for special attire, accessories, or safety equipment. (B) Whether the day laborer will be charged for using special attire, accessories, or safety equipment. (C) The exact address of the work site and a telephone number at which a day laborer can be reached for emergency purposes. If the location is in a rural area, the notice must also contain directions to the work site. (D) The time of day the work will begin, the time of day the work will end, and the overtime rate of pay. (E) Whether a meal is provided, either by the day labor service agency or the third party employer, and the cost of the meal, if any. The notices required to be posted under this section shall be written in English and any other language that is generally used in the locale of the day labor service agency. SEC. 7. EQUITABLE EXPENSES. (a) Meals.--A day labor service agency or a third party employer shall not charge a day laborer more than the actual cost of providing a meal. In no case shall the purchase of a meal be a condition of employment for a day laborer. (b) Transportation.--A day labor service agency or a third party employer shall charge no more than the actual cost to transport a day laborer to or from the designated work site; except that, the total cost to each day laborer shall not exceed 3 percent of the day laborer's daily wages. Any motor vehicle that is owned or operated by the day labor service agency or a third party employer, or a contractor of either, which is used for the transportation of day laborers shall have proof of financial responsibility as provided for in applicable State insurance laws of the area. (c) Day Laborer Equipment.--For any safety equipment, clothing, accessories, or any other items required by the nature of the work, either by law, custom or as a requirement of the third party employer, the day labor service agency or the third party employer may charge the day laborer the market value of the item temporarily provided to the day laborer by the third party employer if the day laborer fails to return such items to the third party employer or the day labor service agency. For any other equipment, clothing, accessories, or any other items the day labor service agency makes available for purchase, the day laborer shall not be charged more than the actual market value for the item. SEC. 8. AGENCY REGISTRATION. (a) In General.--A day labor service agency shall register with the Secretary in accordance with rules adopted by the Secretary for day labor service agencies and with State departments of labor which require such registration. (b) Fees.--The Secretary may assess each day labor agency a registration fee not exceeding $250. SEC. 9. DEPARTMENT REQUIREMENTS AND RESPONSIBILITIES. (a) In General.--The Secretary shall adopt rules and regulations necessary to implement the provisions of this Act, including provisions for hearings and imposition of penalties for violations of this Act. (b) Posting Requirement.--The Secretary shall cause to be posted in each day labor service agency a notice which informs the public of a toll-free telephone number for day laborers and the public to file wage dispute complaints and other alleged violations by day labor service agencies. (c) Fines.--The Secretary shall have the authority to fine a day labor service agency that fails to register with the Department of Labor in accordance with this Act $1,000 for the first offense and $5,000 for the second offense. (d) Suspensions and Revocations.--The Secretary shall have the authority to suspend or revoke the registration of a day labor service agency if warranted by public health and safety concerns or violations of this Act. (e) Investigations.--The Secretary shall promptly investigate complaints concerning alleged violations of this Act. SEC. 10. PREVENTION OF DISCRIMINATION DURING AND AT THE CONCLUSION OF LABOR DISPUTES. Section 8(a) of the National Labor Relations Act (29 U.S.C. 158(a)) is amended-- (1) by striking the period at the end of paragraph (5) and inserting ``; or'', and (2) by adding at the end thereof the following new paragraph: ``(6)(i) to offer, or to grant, the status of a permanent replacement employee to an individual for performing bargaining unit work for the employer during a labor dispute, or ``(ii) to otherwise offer, or grant, an individual any employment preference based on the fact that such individual was employed, or indicated a willingness to be employed, during a labor dispute over an individual who-- ``(A) was an employee of the employer at the commencement of the dispute; ``(B) has exercised the right to join, to assist, or to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection through the labor organization involved in the dispute; and ``(C) is working for, or has unconditionally offered to return to work for, the employer.''.

Day Laborer Fairness and Protection Act - Requires day labor service agencies to provide notice of the wage rate expected to be paid by each third party employer using their services. Requires the wage rate for such third party employers to equal the rate paid to their permanent employees who perform substantially equivalent work, with due consideration given to seniority, experience, skills and qualifications. Prohibits employers from reducing the wage rate of any employee in order to comply with requirements of this Act.Sets forth requirements for: (1) agency payments to day laborers for excessive processing time; (2) civil damages and criminal penalties for certain employer violations; (3) itemized wage statements, annual earnings summaries, and optional payment schedules; (4) nondiscrimination; (5) adequate seating, restrooms, and water in waiting areas; (6) health care liability for injuries on the job or in transit; (7) agency notices; (8) equitable expenses for day laborer meals, transportation, and equipment; and (9) agency registration with the Secretary of Labor. Prohibits: (1) charges for cashing wage payment checks or for overpayments; and (2) restrictions on worker acceptance of permanent positions (but allows placement fees to agencies by employers).Amends the National Labor Relations Act to make it an unfair labor practice for employers to offer and grant: (1) permanent replacement employee status or other employment preferences to individuals for performing bargaining unit work for the employer during a labor dispute; or (2) any employment preference based on an individual's being employed, or having indicated a willingness to be employed, during a labor dispute, over any employee who was there at dispute commencement, has exercised rights through the labor organization involved in the dispute, and is working for the employer, or has unconditionally offered to return to such work.

To protect day laborers from unfair labor practices.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Allies from Visa Exclusion (PAVE) Act''. SEC. 2. PROHIBITION ON ENTRY INAPPLICABLE TO CERTAIN SPECIAL IMMIGRANTS. (a) Iraqi Special Immigrants.--Section 3(c) of Executive Order 13769, entitled ``Protecting the Nation from Foreign Terrorist Entry into the United States'' (January 27, 2017), or any other provision of an Executive order, regulation, informal rule of guidance, or memorandum issued by the President or any other official in the executive branch precluding issuance of visas to, revoking visas issued to, or precluding entry or admission of, a class or classes of aliens, shall not apply to an alien who is a national of Iraq or Afghanistan and has been granted special immigrant status under section 101(a)(27) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) pursuant to-- (1) section 1244 of the National Defense Authorization Act for Fiscal Year 2008 (8 U.S.C. 1157 note); (2) section 1059 of the National Defense Authorization Act for Fiscal Year 2006 (8 U.S.C. 1101 note); or (3) section 602 of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note). (b) Refugees.--Section 5 of Executive Order 13769, or any other provision of an Executive order, regulation, informal rule of guidance, or memorandum issued by the President or any other official in the executive branch precluding issuance of visas to, revoking visas issued to, or precluding entry or admission of, a class or classes of aliens, shall not apply to an alien who has been granted refugee status, has been approved for refugee admission, or is a refugee applicant in the United States Refugee Admissions Program under a Priority 2 designation pursuant to section 1243 of National Defense Authorization Act for Fiscal Year 2008 (8 U.S.C. 1157 note) or section 3 of this Act. (c) Effective Date.--This section shall take effect as if enacted concurrent with Executive Order 13769. SEC. 3. UNITED STATES REFUGEE PROGRAM PROCESSING PRIORITIES FOR AFGHANIS. (a) In General.--Refugees of special humanitarian concern eligible for Priority 2 processing under the refugee resettlement priority system who may apply directly to the United States Admission Program shall include-- (1) Afghanis who were or are employed by the United States Government in Afghanistan; (2) Afghanis who establish to the satisfaction of the Secretary of State that they are or were employed in Afghanistan by-- (A) a media or nongovernmental organization headquartered in the United States; or (B) an organization or entity closely associated with the United States mission in Afghanistan that has received United States Government funding through an official and documented contract, award, grant, or cooperative agreement; (3) spouses, children, and parents whether or not accompanying or following to join, and sons, daughters, and siblings of aliens described in paragraph (1) or paragraph (2); (4) spouses, children, and parents whether or not accompanying or following to join, and sons, daughters, and siblings of Afghanis granted the status of a special immigrant under section 101(a)(27) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) based on faithful and valuable service to the United States Government; and (5) Afghanis who are members of a religious or minority community, have been identified by the Secretary of State, or the designee of the Secretary, as a persecuted group, and have close family members (as described in section 201(b)(2)(A)(i) or 203(a) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i) and 1153(a))) in the United States. (b) Identification of Other Persecuted Groups.--The Secretary of State, or the designee of the Secretary, is authorized to identify other Priority 2 groups of Afghanis, including vulnerable populations. (c) Ineligible Organizations and Entities.--Organizations and entities described in subsection (a)(2) shall not include any that appear on the Department of the Treasury's list of Specially Designated Nationals or any entity specifically excluded by the Secretary of Homeland Security, after consultation with the Secretary of State and the heads of relevant elements of the intelligence community (as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4))). (d) Applicability of Other Requirements.--Aliens under this section who qualify for Priority 2 processing under the refugee resettlement priority system shall satisfy the requirements of section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) for admission to the United States. (e) Numerical Limitations.--In determining the number of Afghani refugees who should be resettled in the United States under paragraphs (2), (3), and (4) of subsection (a) and subsection (b) of section 207 of the Immigration and Nationality Act (8 U.S.C. 1157), the President shall consult with the heads of nongovernmental organizations that have a presence in Afghanistan or experience in assessing the problems faced by Afghani refugees. (f) Eligibility for Admission as Refugee.--No alien shall be denied the opportunity to apply for admission under this section solely because such alien qualifies as an immediate relative or is eligible for any other immigrant classification.

Protecting Allies from Visa Exclusion (PAVE) Act This bill makes any executive order precluding issuance of visas to, revoking visas issued to, or precluding entry or admission of, a class or classes of aliens inapplicable to an alien who is a national of Iraq or Afghanistan and has been granted special immigrant status pursuant to: (1) the National Defense Authorization Act for Fiscal Year 2008, (2) the National Defense Authorization Act for Fiscal Year 2006, or (3) the Afghan Allies Protection Act of 2009. Any such executive order shall not apply to an alien who has been granted refugee status, has been approved for refugee admission, or is a refugee applicant in the United States Refugee Admissions Program under a priority 2 designation pursuant to this bill or the National Defense Authorization Act for Fiscal Year 2008. Priority 2 is for groups of special humanitarian concern identified by the U.S. refugee program. The bill provides priority 2 designation for: Afghanis who were or are employed by the U.S. government in Afghanistan, Afghanis who are or were employed in Afghanistan by a U.S.-headquartered media or nongovernmental organization or an organization closely associated with the U.S. mission in Afghanistan that has received U.S. government funding, family members of such aliens or of Afghanis granted special immigrant status based on valuable U.S. service, and Afghanis who are members of a persecuted religious or minority community and who have close family members in the United States. The Department of State may identify other priority 2 groups of Afghanis, including vulnerable populations.

Protecting Allies from Visa Exclusion (PAVE) Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lower Rogue Wild and Scenic Rivers Act of 2008''. SEC. 2. ROGUE RIVER ADDITIONS. (a) In General.--Section 3(a)(5) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(5)) is amended-- (1) by striking ``The segment'' and inserting the following: ``(A) In general.--The segment''; and (2) by adding at the end the following: ``(B) Additional areas.--In addition to the segment described in subparagraph (A), the following segments of the Rogue River, Oregon, to be administered in the following classifications: ``(i) Kelsey creek.-- ``(I) The 2.2-mile segment of Kelsey Creek from the headwaters of the Creek to the eastern section line of 32S 8W sec. 30 as a recreational river. ``(II) The 7.1-mile segment of Kelsey Creek from the eastern section line of 32S 8W sec. 30 to the confluence with the Rogue River as a wild river. ``(ii) East fork kelsey creek.-- ``(I) The 0.1-mile segment of East Fork Kelsey Creek from the headwaters of the Creek to 0.1 miles downstream of road 32-7-19.3 as a scenic river. ``(II) The 4.7-mile segment of East Fork Kelsey Creek downstream from 0.1 miles downstream of road 32-7-19.3 to the confluence with Kelsey Creek as a wild river. ``(iii) Whisky creek.-- ``(I) The 0.6-mile segment of Whisky Creek from the confluence of the East Fork and West Fork to 0.1 miles downstream from road 33-8-23 as a recreational river. ``(II) The 1.9-mile segment of Whisky Creek from 0.1 miles downstream from road 33-8-23 to the confluence with the Rogue River as a wild river. ``(iv) East fork whisky creek.-- ``(I) The 0.1-mile segment of East Fork Whisky Creek from the headwaters of the Creek to 0.1 miles downstream of road 34-8-1 as a scenic river. ``(II) The 3.7-mile segment of East Fork Whisky Creek from 0.1 miles downstream of road 34-8-1 to the confluence with Whisky Creek as a wild river. ``(v) West fork whisky creek.--The 4.8-mile segment of West Fork Whisky Creek from the headwaters of the Creek to the confluence of the Rogue River as a wild river. ``(vi) Big windy creek.-- ``(I) The 1.5-mile segment of Big Windy Creek from the headwaters of the Creek to 0.1 miles downstream from road 34-9-17.1 as a scenic river. ``(II) The 5.8-mile segment of Big Windy Creek from 0.1 miles downstream from road 34-9- 17.1 to the confluence with the Rogue River as a wild river. ``(vii) East fork big windy creek.-- ``(I) The 0.2-mile segment of East Fork Big Windy Creek from the headwaters of the Creek to 0.1 miles downstream from road 34-8-36 as a scenic river. ``(II) The 3.7-mile segment of East Fork Big Windy Creek from 0.1 miles downstream from road 34-8-36 to the confluence with Big Windy Creek as a wild river. ``(viii) Little windy creek.-- ``(I) The 1.1-mile segment of Little Windy Creek from the headwaters of the Creek to 0.1 miles downstream of road 34-8-36 as a scenic river. ``(II) The 1.9-mile segment of Little Windy Creek from 0.1 miles downstream of road 34-8-36 to the confluence with the Rogue River as a wild river. ``(ix) Howard creek.-- ``(I) The 0.3-mile segment of Howard Creek from the headwaters of the Creek to 0.1 miles downstream of road 34-9-34 as a scenic river. ``(II) The 6.9-mile segment of Howard Creek from 0.1 miles downstream of road 34-9-34 to the confluence with the Rogue River as a wild river. ``(x) Mule creek.-- ``(I) The 0.2-mile segment of Mule Creek from the headwaters of the Creek to 0.1 miles downstream from road 32-9-15.1 as a scenic river. ``(II) The 11.2-mile segment of Mule Creek from 0.1 miles downstream from road 32-9-15.1 to the confluence with the Rogue River as a wild river. ``(xi) Grave creek.-- ``(I) The 1.6-mile segment of Grave Creek from the confluence of Wolf Creek downstream as a scenic river. ``(II) The 8.2-mile segment of Grave Creek from 1.6 miles downstream of the confluence of Wolf Creek to the confluence with the Rogue River as a recreational river. ``(xii) Anna creek.--The 3.5-mile segment of Anna Creek from the headwaters of Anna Creek to the confluence with Howard Creek as a wild river. ``(xiii) Missouri creek.-- ``(I) The 2.6-mile segment of Missouri Creek from the headwaters of the Creek to the north section line of 33S 10W sec. 25 as a scenic river. ``(II) The 2.2-mile segment of Missouri Creek from the north section line of 33S 10W sec. 25 to the confluence with the Rogue River as a wild river. ``(xiv) Jenny creek.-- ``(I) The 0.3-mile segment of Jenny Creek from the headwaters of the Creek to 0.1 miles downstream from road 34-9-7 as a scenic river. ``(II) The 4.6-mile segment of Jenny Creek from 0.1 miles downstream from road 34-9-7 to the confluence with the Rogue River as a wild river. ``(xv) Rum creek.-- ``(I) The 2-mile segment of Rum Creek from the headwaters of the Creek to 0.1 miles downstream from road 34-8-34 as a scenic river. ``(II) The 2.4-mile segment of Rum Creek from 0.1 miles downstream from road 34-8-34 to the confluence with the Rogue River as a wild river. ``(xvi) East fork rum creek.-- ``(I) The 0.5-mile segment of East Rum Creek from the headwaters to 0.1 miles downstream of road 34-8-10.1 as a scenic river. ``(II) The 1.5-mile segment of East Rum Creek from 0.1 miles downstream of road 34-8- 10.1 to the confluence with Rum Creek as a wild river. ``(xvii) Wildcat creek.--The 1.7-mile segment of Wildcat Creek from the headwaters of the Creek downstream to the confluence with the Rogue River as a wild river. ``(xviii) Montgomery creek.--The 1.8-mile segment of Montgomery Creek from the headwaters of the Creek downstream to the confluence with the Rogue River as a wild river. ``(xix) Quartz creek.-- ``(I) The 0.5-mile segment of Quartz Creek from its headwaters to 0.1 miles downstream from road 35-9-1.2 as a recreational river. ``(II) The 2.8-mile segment from 0.1 miles downstream from road 35-9-1.2 to the confluence of the North Fork Galice Creek as a scenic river. ``(xx) Hewitt creek.-- ``(I) The 1.3-mile segment of Hewitt Creek from the headwaters of the Creek to 0.1 miles downstream of road 33-9-21 as a scenic river. ``(II) The 1.3-mile segment of Hewitt Creek from 0.1 miles downstream of road 33-9-21 to the confluence with the Rogue River as a wild river. ``(xxi) Bunker creek.--The 6.6-mile segment of Bunker Creek from the headwaters of the Creek to the confluence with the Rogue River as a wild river. ``(xxii) Dulog creek.-- ``(I) The 0.8-mile segment of Dulog Creek from the headwaters of the Creek to 0.1 miles downstream of road 34-8-36 as a scenic river. ``(II) The 1.0-mile segment of Dulog Creek from 0.1 miles downstream of road 34-8-36 to the confluence with the Rogue River as a wild river. ``(xxiii) Galice creek.--The 2.2-mile segment of Galice Creek from the confluence with the North and South Forks of Galice Creek to the confluence with the Rogue River as a recreational river. ``(xxiv) North fork galice creek.-- ``(I) The 1.2-mile segment of North Fork Galice Creek from the headwaters of the Creek to 0.1 miles upstream of road 34-8-36 as a scenic river. ``(II) The 4.5-mile segment of North Fork Galice Creek from 0.1 miles upstream of road 34-8-36 to the confluence with Galice Creek as a recreational river. ``(xxv) Quail creek.-- ``(I) The 0.7-mile segment of Quail Creek from the headwaters of the Creek to 0.1 miles downstream from road 32-9-14.2 as a scenic river. ``(II) The 1.8-mile segment of Quail Creek from to 0.1 miles downstream from road 32-9- 14.2 to the confluence with the Rogue River as a wild river. ``(xxvi) Meadow creek.--The 4.1-mile segment of Meadow Creek from the headwaters of the Creek to the confluence with the Rogue River as a wild river. ``(xxvii) Russian creek.-- ``(I) The 0.4-mile segment of Russian Creek from the headwaters of the Creek to 0.1 miles downstream from road 33-8-21 as a scenic river. ``(II) The 2.2-mile segment of Russian Creek 0.1 miles downstream from road 33-8-21 to the confluence with the Rogue River as a wild river. ``(xxviii) Alder creek.--The 1.2-mile segment of Alder Creek from the headwaters of the Creek to the confluence with the Rogue River as a wild river. ``(xxix) Booze creek.--The 1.5-mile segment of Booze Creek from the headwaters of the Creek to the confluence with the Rogue River as a wild river. ``(xxx) Bronco creek.--The 1.8-mile segment of Bronco Creek from the headwaters of the Creek to the confluence with the Rogue River as a wild river. ``(xxxi) Centennial gulch creek.--The 1.9-mile segment of Centennial Gulch Creek from the headwaters of the Creek to the confluence with the Rogue River as a recreational river. ``(xxxii) Copsey creek.--The 1.5-mile segment of Copsey Creek from the headwaters of the Creek to the confluence with the Rogue River as a wild river. ``(xxxiii) Corral creek.--The 0.5-mile segment of Corral Creek from the headwaters of the Creek to the confluence with the Rogue River as a wild river. ``(xxxiv) Cowley creek.--The 0.9-mile segment of Cowley Creek from the headwaters of the Creek to the confluence with the Rogue River as a wild river. ``(xxxv) Ditch creek.-- ``(I) The 0.5-mile segment of Ditch Creek from the headwaters of the Creek 0.1 miles downstream from road 33-5-9.2 as a scenic river. ``(II) The 1.9-mile segment of Ditch Creek from 0.1 miles downstream from road 33-5-9.2 to the confluence with the Rogue River as a wild river. ``(xxxvi) Francis creek.--The 0.9-mile segment of Francis Creek from the headwaters of the Creek to the confluence with the Rogue River as a wild river. ``(xxxvii) Long gulch.-- ``(I) The 1.4-mile segment of Long Gulch from the headwaters to 0.1 miles downstream from road 34-9-21 as a scenic river. ``(II) The 1.1-mile segment of Long Gulch from 0.1 miles downstream of road 34-9-21 to the confluence with the Rogue River as a wild river. ``(xxxviii) Bailey creek.-- ``(I) The 1.0-mile segment of Bailey Creek from the headwaters of the Creek to 0.1 miles downstream from road 34-8-22.2 as a scenic river. ``(II) The 2.1-mile segment of Bailey Creek from 0.1 miles downstream from road 34-8-22.2 to the confluence of the Rogue River as a wild river. ``(xxxix) Shady creek.--The 0.7-mile segment of Shady Creek from the headwaters of the Creek to the confluence with the Rogue River, as a wild river. ``(xl) Slide creek.-- ``(I) The 0.5-mile segment of Slide Creek from the headwaters of the Creek to 0.1 miles downstream from road 33-9-6 as a scenic river. ``(II) The 0.7-mile segment of Slide Creek from 0.1 miles downstream of road 33-9-6 to the confluence with the Rogue River as a wild river.''. (b) Administrative Provisions.-- (1) In general.--Any segment of the Rogue River designated by subparagraph (B) of section 3(a)(5) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(5)) (as added by subsection (a)(2)) shall-- (A) include an average of 640 acres per mile measured from the ordinary high water mark on both sides of the River; and (B) be managed as part of the Rogue Wild and Scenic River designated by subparagraph (A) of section 3(a)(5) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(5)) (as added by subsection (a)(1)). (2) Withdrawal.--Subject to valid rights, the Federal land within the boundaries of the river segments designated by subparagraph (B) of section 3(a)(5) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(5)) (as added by subsection (a)(2)) is withdrawn from all forms of-- (A) entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) disposition under all laws relating to mineral and geothermal leasing or mineral materials. (3) Windpower facilities prohibited.--The siting of windpower facilities within the lateral boundaries of a segment of the Rogue Wild and Scenic River designated by subparagraph (B) of section 3(a)(5) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(5)) (as added by subsection (a)(2)) is prohibited.

Lower Rogue Wild and Scenic Rivers Act of 2008 - Amends the Wild and Scenic Rivers Act to add specified segments of creeks to the designation of the Rogue River in Oregon as a component of the national wild and scenic rivers system.

A bill to amend the Wild and Scenic Rivers Act to add certain segments to the Rogue River designation, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Coast Guard Readiness Act of 2002''. SEC. 2. INTERAGENCY HOMELAND SECURITY FUSION CENTERS. (a) Establishment.--The Secretary of Homeland Security shall establish a system of Interagency Homeland Security Fusion Centers. (b) Duties.--The Centers shall collectively, have the following duties: (1) Coordinate the interagency fusion of maritime homeland security information focusing on the air and sea approaches to the United States. (2) Facilitate information sharing between all of the Federal agencies named in subsection (c) and any foreign governments represented in the membership of a Center. (3) Timely provide the appropriate Federal agencies with intelligence information concerning maritime threats to the homeland security of the United States. (c) Membership.--The Secretary of Homeland Security shall designate the members of each Interagency Homeland Security Fusion Center from among personnel of any or all of the following Federal agencies and foreign governments. (1) The United States Coast Guard. (2) The United States Customs Service. (3) The Drug Enforcement Administration. (4) The Department of Defense. (5) The Immigration and Naturalization Service. (6) The Transportation Security Administration. (7) The Federal Bureau of Investigation. (8) The Central Intelligence Agency. (9) The National Security Agency. (10) Any other Federal agency as the Secretary determines necessary. (11) Representatives of such foreign governments as the President may direct. (d) Function.--Interagency Fusion Centers shall-- (1) have access to all databases and information systems of Federal agencies represented in the membership of a Center subject to adequate protections to ensure the security of such databases and systems; (2) collect, compile, analyze, and disseminate information from such agencies, including any information concerning tracking vessels, cargo, and persons of interest, to identify and locate potential threats to the security of the homeland of the United States; and (3) alert all pertinent government agencies regarding each potential homeland security threat immediately upon ascertaining the threat. (e) Implementation Plan.--Not later than 1 year after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Governmental Affairs of the Senate, the Committee on Government Reform of the House of Representatives, and the Committees on Appropriations of the Senate and the House of Representatives a detailed plan to implement the requirements of Interagency Homeland Security Fusion Centers. The plan shall include the following matters: (1) The number and location of the Interagency Homeland Security Fusion Centers. (2) Policies and procedures for establishing the Centers and commencing operations by the Centers, including the Federal agencies to be represented in the membership of the Centers. (3) A discussion of how the Centers are to operate in conjunction with or in place of other intelligence or fusion centers. (4) Proposed legislation for any changes in authorities of the Federal agencies represented in the membership of the Interagency Homeland Security Fusion Centers that the Secretary considers necessary. SEC. 3. COAST GUARD FUNDING FLOORS. (a) In General.--No budget request submitted to the Congress pursuant to section 1105 of title 31, United States Code, for fiscal year 2004 or fiscal year 2005 may contain a request for the Coast Guard a reduction in annual total spending and annual internal budget allocations for each non-homeland security mission area below the levels appropriated and allocated for the Coast Guard for fiscal year 2002 or for fiscal year 2003, whichever is greater for each area. (b) Non-Homeland Security Missions.--The term ``non-homeland security missions'' means the following missions of the Coast Guard: (1) Marine safety. (2) Search and rescue. (3) Aids to navigation. (4) Living marine resources, including enforcement of laws relating to fisheries. (5) Marine environmental protection. (6) Ice operations. (c) Waiver.-- (1) In general.--The President may waive the requirements of subsection (a) if the Commandant of the Coast Guard simultaneously submits to the President and to Congress in order to mitigate substantially the consequences of a specific major accident occurring after the date of the enactment of this Act, respond successfully to a specific and unanticipated national or international crisis arising after such date, counter a specific, unanticipated threat to United States homeland security identified after such date, or otherwise react satisfactorily to a specific, unanticipated event occurring within a mission area of the Coast Guard after such date. (2) Justification.--Each recommendation of a waiver under paragraph (1) shall include a detailed justification for the recommendation, including the specific information upon which the recommendation is based and the specific reasons why the Coast Guard could not effectively respond to the accident, crisis, threat, or event without the waiver. (3) Intelligence certification.--Any recommendation for a waiver based on a need to counter a specific, unanticipated threat to United States homeland security shall be accompanied by a certification by the Director of Central Intelligence that-- (A) there exists a preponderance of credible, accurate, and compelling evidence within the Intelligence Community that demonstrates that the threat upon which the Commandant's recommendation is based is real, unanticipated, and acute, and that immediate action must be taken to counter it; and (B) the Intelligence Community is taking specific and decisive steps to reduce significantly the probability that such threats will be unanticipated in the future. SEC. 4. REPORT ON ACCELERATING THE INTEGRATED DEEPWATER SYSTEM. Not later than 90 days after the date of enactment of the National Homeland Security and Combating Terrorism Act of 2002, the Secretary of Homeland Security, in consultation with the Commandant of the Coast Guard shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate, and the Committees on Appropriations of the Senate and the House of Representatives a report that-- (1) contains an analysis of the feasibility of accelerating the rate of procurement in the Coast Guard's Integrated Deepwater System from 20 years to 10 years; (2) includes an estimate of the additional resources necessary for accelerating such rate of procurement; (3) describes the increased capabilities that would result from the accelerated procurement, including any increase in the Coast Guard's homeland security readiness and any increases in operational efficiencies; and (4) provides a revised asset phase-in schedule consistent with such an accelerated rate of procurement.

Coast Guard Readiness Act of 2002 - Requires the Secretary of Homeland Security establish a system of Interagency Homeland Security Fusion Centers (Centers) composed of members from specified Federal agencies and foreign governments.Directs the Centers to: (1) coordinate maritime homeland security information focusing on air and sea approaches to the United States; (2) facilitate information sharing between specified Federal agencies and foreign governments; and (3) provide intelligence to the appropriate Federal Agencies concerning maritime threats to homeland security.Requires Centers to: (1) have access to all databases and information systems of member Federal agencies; (2) collect, compile, analyze, and disseminate agency information to identify and locate potential threats to homeland security; and (3) alert all pertinent government agencies regarding potential homeland security threats.Provides that no budget request submitted to Congress for FY 2004 or 2005 may contain a request for reductions in Coast Guard appropriations for specified non-homeland security mission areas below the larger of the FY 2002 or 2003 levels appropriated and allocated for each area.

A bill to establish a system of Interagency Homeland Security Fusion Centers, to require that budget requests for the Coast Guard for non-homeland security missions are not reduced, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Wages for Workers with Disabilities Act of 2011''. SEC. 2. FINDINGS. Congress finds the following: (1) Current Federal law allows the Secretary of Labor to grant special wage certificates to entities that provide employment to workers with disabilities, allowing such entities to pay their disabled workers at rates that are lower than the Federal minimum wage. (2) The practice of paying workers with disabilities less than the Federal minimum wage dates back to the 1930s, when there were virtually no employment opportunities for disabled workers in the mainstream workforce. (3) Today, advancements in vocational rehabilitation, technology, and training provide disabled workers with greater opportunities than in the past, and the number of such workers in the national workforce has dramatically increased. (4) Employees with disabilities, when provided the proper rehabilitation services, training, and tools, can be as productive as nondisabled employees. Even those individuals that are considered most severely disabled have been able to successfully obtain employment earning minimum wage or higher. (5) While some employers possessing special wage certificates claim to provide rehabilitation and training to disabled workers to prepare them for competitive employment, the fact that such employers can pay their workers less than the Federal minimum wage gives them an incentive to exploit the cheap labor provided by their disabled workers rather than to prepare those workers for integrated employment in the mainstream economy. (6) Many employers with a history of paying subminimum wages benefit from philanthropic donations and preferred status when bidding on Federal contracts. Yet they claim that paying minimum wage to their employees with disabilities would result in lack of profitability and forced reduction of their workforces. (7) Other employers, recognizing that the payment of subminimum wages is in fact exploitation of disabled workers, are now paying the Federal minimum wage, or higher, to their employees with disabilities without reducing their workforces, while still maintaining their profitability. For example, National Industries for the Blind (NIB) agencies exploited their blind employees for years through the payment of subminimum wages, claiming they could not maintain profitability otherwise. Now, ``All NIB associated agencies are committed to the NIB Board policy to pay employees, whose only disability is blindness, at or above the Federal minimum wage or their state minimum wage, whichever is highest.'' (8) The Wage and Hour Division of the Department of Labor is charged with the responsibility for oversight of these special wage certificates. The results from thorough investigations conducted by the Government Accountability Office--``Stronger Federal Efforts Needed for Providing Employment Opportunities and Enforcing Labor Standards in Sheltered Workshops, Report to the Congress, Comptroller General of the United States'' (HRD-81-99) and ``Report to Congressional Requesters, Special Wage Program: Centers Offer Employment and Support Services to Workers With Disabilities, But Labor Should Improve Oversight'' (GAO-01-886)--explain that due to lack of capacity, training, and resources, the Wage and Hour Division is incapable of enforcing compliance with the subminimum wage provision. Furthermore, the significant appropriation that would be required to improve oversight of the regulation would be better spent improving employment outcomes for people with disabilities. (9) According to the rules established under section 14(c) of the Fair Labor Standards Act of 1938, employers are to determine the special wage to be paid to a disabled employee through a complicated method that unfairly establishes a productivity benchmark that would be difficult for anyone to maintain. The inability of many employers to correctly establish the wage pursuant to the rule has regularly resulted in disabled employees receiving even less than the special minimum wage (below the federally established minimum wage) that they should have received under the regulation. SEC. 3. TRANSITION TO FAIR WAGES. (1) Discontinuance.--Effective on the date of enactment of this Act, the Secretary of Labor shall discontinue issuing special wage certificates under section 14(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)) to any new entities not currently holding a certificate. (2) Transition.--All special wage certificates held on the date of enactment of this Act-- (A) by private for profit entities shall be revoked 1 year after such date of enactment; (B) by public or governmental entities shall be revoked 2 years after such date of enactment; and (C) by non-profit entities shall be revoked 3 years after such date of enactment. (3) Repeal.--Effective 3 years from the date of enactment of this Act, section 14(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)) is repealed and any remaining special wage certificates issued under such section shall be revoked.

Fair Wages for Workers with Disabilities Act of 2011 - Directs the Secretary of Labor to discontinue issuing to any new profit or non-profit or governmental entity special wage certificates (which permit individuals with disabilities, including individuals employed in agriculture, to be paid at lower than minimum wages). Prescribes requirements for a three-year phase-out of all certificates. Amends the Fair Labor Standards Act of 1938 to repeal authority and requirements for the issuance of such certificates three years after enactment of this Act. Requires revocation of any certificates remaining at that time.

To phase out special wage certificates under the Fair Labor Standards Act of 1938 under which individuals with disabilities may be employed at subminimum wage rates.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Credit for Caring Act of 2016''. SEC. 2. CREDIT FOR WORKING FAMILY CAREGIVERS. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25D the following new section: ``SEC. 25E. WORKING FAMILY CAREGIVERS. ``(a) Allowance of Credit.--In the case of an eligible caregiver, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 30 percent of the qualified expenses paid by the taxpayer during the taxable year to the extent that such expenses exceed $2,000. ``(b) Limitation.-- ``(1) In general.--The amount allowed as a credit under subsection (a) for the taxable year shall not exceed $3,000. ``(2) Adjustment for inflation.--In the case of any taxable year beginning after 2016, the dollar amount contained in paragraph (1) shall be increased by an amount equal to the product of-- ``(A) such dollar amount, and ``(B) the medical care cost adjustment determined under section 213(d)(10)(B)(ii) for the calendar year in which the taxable year begins, determined by substituting `2015' for `1996' in subclause (II) thereof. If any increase determined under the preceding sentence is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50. ``(c) Eligible Caregiver.--For purposes of this section, the term `eligible caregiver' means an individual who-- ``(1) during the taxable year pays or incurs eligible expenses in connection with providing care for a qualified care recipient, and ``(2) has earned income (as defined in section 32(c)(2)) for the taxable year in excess of $7,500. ``(d) Qualified Care Recipient.--For purposes of this section-- ``(1) In general.--The term `qualified care recipient' means, with respect to any taxable year, any individual who-- ``(A) is the spouse of the eligible caregiver, or any other person who bears a relationship to the eligible caregiver described in any of subparagraphs (A) through (H) of section 152(d)(2), ``(B) has been certified, before the due date for filing the return of tax for the taxable year, by a licensed health care practitioner (as defined in section 7702B(c)(4)) as being an individual with long- term care needs described in paragraph (3) for a period-- ``(i) which is at least 180 consecutive days, and ``(ii) a portion of which occurs within the taxable year. ``(2) Period for making certification.--Notwithstanding paragraph (1)(B), a certification shall not be treated as valid unless it is made within the 39\1/2\-month period ending on such due date (or such other period as the Secretary prescribes). ``(3) Individuals with long-term care needs.--An individual is described in this paragraph if the individual meets any of the following requirements: ``(A) The individual is at least 6 years of age and-- ``(i) is unable to perform (without substantial assistance from another individual) at least 2 activities of daily living (as defined in section 7702B(c)(2)(B)) due to a loss of functional capacity, or ``(ii) requires substantial supervision to protect such individual from threats to health and safety due to severe cognitive impairment and is unable to perform, without reminding or cueing assistance, at least 1 activity of daily living (as so defined) or to the extent provided in regulations prescribed by the Secretary (in consultation with the Secretary of Health and Human Services), is unable to engage in age appropriate activities. ``(B) The individual is at least 2 years of age but not 6 years of age and is unable due to a loss of functional capacity to perform (without substantial assistance from another individual) at least 2 of the following activities: eating, transferring, or mobility. ``(C) The individual is under 2 years of age and requires specific durable medical equipment by reason of a severe health condition or requires a skilled practitioner trained to address the individual's condition to be available if the individual's parents or guardians are absent. ``(e) Qualified Expenses.--For purposes of this section-- ``(1) In general.--The term `qualified expenses' means expenditures for goods, services, and supports that assist with activities of daily living (as defined in section 7702B(c)(2)(B)) and instrumental activities of daily living (as defined in section 1915(k)(6)(F) of the Social Security Act (42 U.S.C. 1396n(k)(6)(F)) provided to a qualified care recipient described and are not incurred by individuals who do not need such assistance. ``(2) Adjustment for other tax benefits.--The amount of qualified expenses otherwise taken into account under paragraph (1) with respect to an individual shall be reduced by the sum of any amounts paid for the benefit of such individual for the taxable year which are-- ``(A) taken into account under section 21 or 213, or ``(B) excluded from gross income under section 129, 223(f), or 529A(c)(1)(B). ``(3) Goods, services, and supports.--For purposes of paragraph (1), goods, services and supports (as defined by the Secretary) include-- ``(A) human assistance, supervision, cueing and standby assistance, ``(B) assistive technologies and devices (including remote health monitoring), ``(C) environmental modifications (including home modifications), ``(D) health maintenance tasks (such as medication management), ``(E) information, ``(F) transportation of the qualified care recipient, ``(G) non-health items (such as incontinence supplies), ``(H) travel costs of the eligible caregiver related to caring for a qualified care recipient, ``(I) lost wages for unpaid time off due to caring for a qualified care recipient as verified by an employer, ``(J) coordination of and services for people who live in their own home, a residential setting, or a nursing facility, as well as the cost of care in these or other locations, and ``(K) supports provided to family members and other unpaid caregivers. ``(4) Human assistance.--The term `human assistance' includes the costs of a direct care worker. ``(5) Documentation.--An expense shall not be taken into account under this section unless the eligible caregiver substantiates such expense under such regulations or guidance as the Secretary shall provide. ``(6) Mileage rate.--For purposes of this section, the mileage rate for the use of a passenger automobile shall be the standard mileage rate used to calculate the deductible costs of operating an automobile for medical purposes. Such rate may be used in lieu of actual automobile-related travel expenses. ``(7) Coordination with able accounts.--Qualified expenses for a taxable year shall not include contributions to an ABLE account (as defined in section 529A). ``(f) Phase-Out Based on Adjusted Gross Income.--For purposes of this section-- ``(1) In general.--The amount of the credit allowable under subsection (a) shall be reduced (but not below zero) by $100 for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income exceeds the threshold amount. ``(2) Modified adjusted gross income.--The term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(3) Threshold amount.--The term `threshold amount' means-- ``(A) $150,000 in the case of a joint return, and ``(B) $75,000 in any other case. ``(4) Indexing.--In the case of any taxable year beginning in a calendar year after 2016, each dollar amount contained in paragraph (3) shall be increased by an amount equal to the product of-- ``(A) such dollar amount, and ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting ``calendar year 2015'' for ``calendar year 1992'' in subparagraph (B) thereof. ``(5) Rounding rule.--If any increase determined under paragraph (4) is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50. ``(g) Identification of Eligible Caregiver With Care Recipient (Qualified Care Recipient) Identification Requirement.--No credit shall be allowed under this section to a taxpayer with respect to any qualified care recipient unless the taxpayer includes the name and taxpayer identification number of such individual, and the identification number of the licensed health care practitioner certifying such individual, on the return of tax for the taxable year.''. (b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Working family caregivers.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2015.

Credit for Caring Act of 2016 This bill amends the Internal Revenue Code to allow an eligible caregiver a new tax credit for 30% of the cost of long-term care expenses that exceed $2,000, up to $3,000 in a taxable year. The bill defines "eligible caregiver" as an individual who pays or incurs expenses for providing care to a spouse or other dependent relative with long-term care needs and who has earned income for the taxable year in excess of $7,500.

Credit for Caring Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Two-Midnight Rule Delay Act of 2013''. SEC. 2. ENFORCEMENT DELAY OF MEDICARE TWO-MIDNIGHT RULE TO PERMIT DEVELOPMENT OF A NEW MEDICARE PAYMENT METHODOLOGY FOR SHORT INPATIENT HOSPITAL STAYS. (a) Delay in Enforcement of Two-Midnight Rule.-- (1) In general.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall not enforce the provisions of the two-midnight rule (as defined in paragraph (2)) with respect to admissions to a hospital (as defined in subsection (d)) for which payment is made under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) for admissions occurring before October 1, 2014. (2) Two-midnight rule defined.--In this section, the term ``two-midnight rule'' means the following numbered amendments to 42 CFR Chapter IV contained in the IPPS FY 2014 Final Rule (and includes any sub-regulatory guidance issued in the implementation of such amendments and any portion of the preamble of section XI.C. of such rule relating to such amendments): (A) Amendment 2 (on page 50965), which adds a section 412.3 of title 42, Code of Federal Regulations (relating to admissions). (B) Amendment 3 (on page 50965), which revises section 412.46 of such title (relating to medical review requirements). (C) Amendment 23 (on page 50969), which amends paragraphs (d) and (e)(2) of section 424.11 of such title (relating to conditions of payment: General procedures). (D) Amendment 24 (on pages 50969 and 50970), which revises section 424.13 of such title (relating to requirements for inpatient services of hospitals other than inpatient psychiatric facilities). (E) Amendment 25 (on page 50970), which revises paragraphs (a), (b), (d)(1), and (e) of section 424.14 of such title (relating to requirements for inpatient services of inpatient psychiatric facilities). (F) Amendment 26 (on page 50970), which revises section 424.15 of such title (relating to requirements for inpatient CAH services). (3) IPPS fy 2014 final rule defined.--In this section, the term ``IPPS FY 2014 Final Rule'' means the final rule (CMS- 1599-F, CMS-1455-F) published by the Centers for Medicare & Medicaid Services in the Federal Register on August 19, 2013, entitled ``Medicare Program; Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals and the Long-Term Care Hospital Prospective Payment System and Fiscal Year 2014 Rates; Quality Reporting Requirements for Specific Providers; Hospital Conditions of Participation; Payment Policies Related to Patient Status'' (78 Federal Register 50496 et seq.). (4) Application to medicare review contractors.-- (A) In general.--Paragraph (1) shall also apply to Medicare review contractors (as defined in subparagraph (B)). No Medicare review contractor may deny a claim for payment for inpatient hospital services furnished by a hospital, or inpatient critical access hospital services furnished by a critical access hospital, for which payment may be made under title XVIII of the Social Security Act for discharges occurring before the date specified in paragraph (1)-- (i) for medical necessity due to the length of an inpatient stay in such hospital or due to a determination that the services could have been provided on an outpatient basis; or (ii) for requirements for orders, certifications, or recertifications, and associated documentation relating to the matters described in clause (i). (B) Medicare review contractor defined.--In subparagraph (A), the term ``Medicare review contractor'' means any contractor or entity that has entered into a contract or subcontract with the Centers for Medicare & Medicaid Services with respect to the Medicare program to review claims for items and services furnished for which payment is made under title XVIII of the Social Security Act, including-- (i) Medicare administrative contractors under section 1874A of the Social Security Act (42 U.S.C. 1395kk-1); and (ii) recovery audit contractors under section 1893(h) of such Act (42 U.S.C. 1395ddd(h)). (5) Continuation of medicare probe and educate program for inpatient hospital admissions.-- (A) In general.--Subject to subparagraph (B), nothing in this subsection shall be construed to preclude the Secretary from continuing the conduct by Medicare administrative contractors of the Medicare Probe and Educate program (as defined in subparagraph (C)) for hospital admissions during the delay of enforcement under paragraph (1). (B) Maintenance of sample prepayment record limits.--The Secretary may not increase the sample of claims selected for prepayment review under the Medicare Probe and Educate program above the number and type established by the Secretary under such program as of November 4, 2013, such as 10 claims for most hospitals and 25 claims for large hospitals. (C) Medicare probe and educate program defined.--In this paragraph, the term ``Medicare Probe and Educate program'' means the program established by the Secretary as in effect on November 4, 2013 (and described in a public document made available by the Centers for Medicare & Medicaid Services on its Website entitled ``Frequently Asked Questions 2 Midnight Inpatient Admission Guidance & Patient Status Reviews for Admissions on or after October 1, 2013'') under which Medicare administrative contractors-- (i) conduct prepayment patient status reviews for inpatient hospital claims with dates of admission on or after October 1, 2013, and before March 31, 2014; and (ii) based on the results of such prepayment patient status reviews, conduct educational outreach efforts during the following 3 months. (b) Short Inpatient Hospital Stay Payment Methodology.-- (1) In general.--The Secretary shall develop a payment methodology under the Medicare program for hospitals for short inpatient hospital stays (as defined in paragraph (2)). Such payment methodology may be a reduced payment amount for such inpatient hospital services than would otherwise apply if paid for under section 1886(d) of the Social Security Act (42 U.S.C. 1395ww(d)) or may be an alternative payment methodology. The Secretary shall promulgate such payment methodology as part of the annual regulations implementing the Medicare hospital inpatient prospective payment system for fiscal year 2015. (2) Short inpatient hospital stay defined.--In this section. the term ``short inpatient hospital stay'' means, with respect to an inpatient admission of an individual entitled to benefits under part A of title XVIII of the Social Security Act to a hospital, a length of stay that is less than the length of stay required to satisfy the 2-midnight benchmark described in section 412.3 of title 42, Code of Federal Regulation, as amended under the Amendment 2 referred to in subsection (a)(2)(A). (c) Crosswalk of ICD-10 Codes and CPT Codes; Crosswalk of DRG and CPT Codes.-- (1) ICD10-to-CPT crosswalk.-- (A) In general.--Not later than 2 years after the date of the enactment of this Act, the Secretary shall develop general equivalency maps (referred to in this subsection as ``crosswalks'') to link the relevant ICD- 10 codes to relevant CPT codes, and the relevant CPT codes to relevant ICD-10 codes, in order to permit comparisons of inpatient hospital services, for which payment is made under section 1886 of the Social Security Act (42 U.S.C. 1395ww), and hospital outpatient department services, for which payment is made under section 1833(t) of such Act (42 U.S.C. 1395l(t)). In this subsection the terms ``ICD-10 codes'' and ``CPT codes'' include procedure as well as diagnostic codes. (B) Process.-- (i) In general.--In carrying out subparagraph (A), the Secretary shall develop a proposed ICD10-to-CPT crosswalk which shall be made available for public comment for a period of not less than 60 days. (ii) Notice.--The Secretary shall provide notice of the comment period through the following: (I) Publication of notice of proposed rulemaking in the Federal Register. (II) A solicitation posted on the Internet Website of the Centers for Medicare & Medicaid Services. (III) An announcement on the Internet Website of the Centers for Medicare & Medicaid Services of the availability of the proposed crosswalk and the deadline for comments. (IV) A broadcast through an appropriate Listserv operated by the Centers for Medicare & Medicaid Services. (iii) Use of the icd-9-cm coordination and maintenance committee.--The Secretary also shall instruct the ICD-9-CM Coordination and Maintenance Committee to convene a meeting to receive input from the public regarding the proposed ICD10-to-CPT crosswalk. (iv) Publication of final crosswalks.-- Taking into consideration comments received on the proposed crosswalk, the Secretary shall publish a final ICD10-to-CPT crosswalk under subparagraph (A) and shall post such crosswalk on the Internet Website of the Centers for Medicare & Medicaid Services. (v) Updating.--The Secretary shall update such crosswalk on an annual basis. (2) DRG-to-APC crosswalk.-- (A) In general.--The Secretary shall, using the ICD10-to-CPT crosswalk developed under paragraph (1), develop a second crosswalk between diagnosis-related group (DRG) codes for inpatient hospital services and Ambulatory Payment Class (APC) codes for outpatient hospital services. (B) Data to be used.--In developing such crosswalk, the Secretary shall use claims data for inpatient hospital services for discharges occurring in fiscal years beginning with fiscal year 2015 and for outpatient hospital services furnished in years beginning with 2015. (C) Publication.--Not later than June 30, 2017, the Secretary shall publish the DRG-to-APC crosswalk developed under this paragraph. (d) Hospital Defined.--For purposes of this section, the term ``hospital'' means the following (insofar as such terms are used under title XVIII of the Social Security Act): (1) An acute care hospital. (2) A critical access hospital. (3) A long-term care hospital. (4) An inpatient psychiatric facility.

Two-Midnight Rule Delay Act of 2013 - Prohibits the Secretary of Health and Human Services (HHS) from enforcing the two-midnight rule to a hospital for which payment is made under title XVIII (Medicare) of the Social Security Act for admissions occurring before October 1, 2014. (The two-midnight rule allows Medicare coverage of only hospital stays for which a physician admits to a hospital a beneficiary expected to require care that crosses two midnights, but generally denies coverage of care expected to require less than a two-midnight stay.) Applies such prohibition to Medicare review contracts. Prohibits Medicare review contractors from denying a claim for inpartient hospital services furnished by a hospital, or inpatient critical access hospital services furnished by a critical access hospital, for discharges occurring before October 1, 2014: (1) for medical necessity due to the length of an inpatient stay in such hospital or due to a determination that the services could have been provided on an outpatient basis; or (2) for requirements for orders, certifications, or recertifications, and associated documentation relating to such matters. Prohibits the Secretary from increasing the sample of claims selected for prepayment review under the Medicare Probe and Educate program above the number and type established by the Secretary as of November 4, 2013. Directs the Secretary to develop: (1) a Medicare hospital payment methodology for short inpatient hospital stays; (2) general equivalency maps to link the relevant International Statistical Classification of Diseases and Related Health Problems (ICD)-10 codes (used to report medical diagnoses and inpatient procedures) to relevant Current Procedural Terminology (CPT) codes, and the relevant CPT codes to relevant ICD-10 codes, in order to permit comparison of inpatient hospital services and hospital outpatient department servives; and (3) a second crosswalk between Diagnosis-Related Group (DRG) codes for inpatient hospital services and Ambulatory Payment Class codes for outpatient hospital services.

Two-Midnight Rule Delay Act of 2013

SECTION 1. SHORT TITLE AND REFERENCE. (a) Short Title.--This Act may be cited as the ``Family and Medical Leave Improvements Act of 1997''. (b) Reference.--Whenever in this Act (other than in section 4) an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Family and Medical Leave Act of 1993. SEC. 2. COVERAGE OF EMPLOYEES. Paragraphs (2)(B)(ii) and (4)(A)(i) of section 101 (29 U.S.C. 2611 (2)(B)(ii) and (4)(A)(i)) are each amended by striking ``50'' each place it appears and inserting ``25''. SEC. 3. GENERAL REQUIREMENTS FOR LEAVE. (a) Entitlement to Leave.--Section 102(a) (29 U.S.C. 2612(a)) is amended by adding at the end the following: ``(3) Entitlement to parental involvement and elder-care leave.-- ``(A) In general.--Subject to section 103(f), an eligible employee shall be entitled to a total of 24 hours of leave during any 12-month period, in addition to leave available under paragraph (1), to-- ``(i) participate in school activities directly related to the educational advancement of a son or daughter of the employee, such as parent-teacher conferences or interviewing for a new school; ``(ii) accompany the son or daughter of the employee to routine medical or dental appointments, such as checkups or vaccinations; and ``(iii) accompany an elderly relative of the employee to routine medical or dental appointments or appointments for other professional services related to the elder's care, such as interviewing at nursing or group homes. ``(B) Definitions.--As used in this paragraph: ``(i) School.--The term `school' means an elementary school or secondary school (as such terms are defined in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)), a Head Start program assisted under the Head Start Act (42 U.S.C. 9831 et seq.), and a child care facility licensed under State law. ``(ii) Elderly relative.--The term `elderly relative' means an individual of at least 60 years of age who is related by blood or marriage to the employee, including a parent.''. (b) Schedule.--Section 102(b)(1) (29 U.S.C. 2612(b)(1)) is amended by inserting after the second sentence the following: ``Leave under subsection (a)(3) may be taken intermittently or on a reduced leave schedule.''. (c) Substitution of Paid Leave.--Section 102(d)(2)(A) (29 U.S.C. 2612(d)(2)(A)) is amended by inserting before the period the following: ``, or for leave provided under subsection (a)(3) for any part of the 24-hour period of such leave under such subsection''. (d) Notice.--Section 102(e) (29 U.S.C. 2612(e)) is amended by adding at the end the following: ``(3) Notice for parental involvement and eldercare leave.--If the necessity for leave under subsection (a)(3) is foreseeable, the employee shall provide the employer with not less than 7 days notice before the date the leave is to begin. If the necessity for leave is not foreseeable, the employee shall provide such notice as is practicable.''. (e) Certification.--Section 103 (29 U.S.C. 2613) is amended by adding at the end the following: ``(f) Certification for Parental Involvement and Elder-Care Leave.--An employer may require that a request for leave under section 102(a)(3) be supported by a certification issued at such time and in such manner as the Secretary may by regulation prescribe.''. SEC. 4. LEAVE FOR CIVIL SERVICE EMPLOYEES. (a) Entitlement to Leave.--Section 6382(a) of title 5, United States Code, is amended by adding at the end the following: ``(3)(A) Subject to section 6383(f), an employee shall be entitled to a total of 24 hours of leave during any 12-month period, in addition to leave available under paragraph (1), to: ``(i) participate in school activities directly related to the educational advancement of a son or daughter of the employee, such as parent-teacher conferences, or interviewing for a new school; ``(ii) accompany the son or daughter of the employee to routine medical or dental appointments, such as checkups or vaccinations; and ``(iii) accompany an elderly relative of the employee to routine medical or dental appointments or appointments for other professional services related to the elder's care, such as interviewing at nursing or group homes. ``(B) As used in this paragraph: ``(i) The term `school' means an elementary school or secondary school (as such terms are defined in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)), a Head Start program assisted under the Head Start Act (42 U.S.C. 9831 et seq.), and a child care facility licensed under State law. ``(ii) The term `elderly relative' means an individual of at least 60 years of age who is related by blood or marriage to the employee, including a parent.''. (b) Schedule.--Section 6382(b)(1) of such title is amended by inserting after the second sentence the following: ``Leave under subsection (a)(3) may be taken intermittently or on a reduced leave schedule.''. (c) Substitution of Paid Leave.--Section 6382(d) of such title is amended by inserting before ``, except'' the following: ``, or for leave provided under subsection (a)(3) any of the employee's accrued or accumulated annual leave under subchapter I for any part of the 24-hour period of such leave under such subsection''. (d) Notice.--Section 6382(e)(1) of such title is amended by adding at the end the following: ``If the necessity for leave under subsection (a)(3) is foreseeable, the employee shall provide the employer with not less than 7 days notice before the date the leave is to begin. If the necessity for leave is not foreseeable, the employee shall provide such notice as is practicable.''. (e) Certification.--Section 6383 of such title is amended by adding at the end the following: ``(f) Certification.--An employing agency may require that a request for leave under section 6382(a)(3) be supported by a certification issued at such time and in such manner as the Office of Personnel Management may by regulation prescribe.''. SEC. 5. EFFECTIVE DATE. This Act shall take effect 120 days after the date of enactment.

Family and Medical Leave Improvements Act of 1997 - Amends the Family and Medical Leave Act of 1993 to extend coverage to employees at worksites where the employer employs at least 25 (currently 50) employees at the worksite and within 75 miles of that worksite. Allows employees covered by such Act to take up to four hours during any 30-day period, and up to 24 hours during any 12-month period, of parental involvement and elder care leave to: (1) participate in or attend their children's educational and extracurricular activities; (2) accompany the child to routine medical or dental appointments; and (3) accompany an elderly relative to routine medical or dental appointments or appointments for other professional services related to the elder's care, such as interviewing at nursing or group homes. Amends Federal civil service law to apply the same parental involvement and elder care leave allowance to Federal employees.

Family and Medical Leave Improvements Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Second Amendment Reaffirmation Act of 1995''. SEC. 2. FINDINGS. The Congress finds: (1) Article I, section 8, of the Constitution of the United States gives no authority to Congress to require a waiting period or a background check before the sale of a firearm. (2) The United States Supreme Court, in United States v. Lopez, struck down gun control legislation for lack of constitutional authority. (3) A number of Federal district courts have ruled that the Federal mandate imposed on the States by Public Law 103-159 violates the tenth amendment to the Constitution of the United States. (4) Public Law 103-159 violates the second amendment to the Constitution of the United States because it impermissibly infringes on the right of the people to secure a firearm when necessary for the protection of person and property and for the pursuit of other constitutionally protected activities. (5) Waiting periods and background checks have produced devastating effects for law-abiding citizens trying to acquire firearms for self-defense. During the 1992 riots in Los Angeles, residents were forced to wait fifteen days before they could legally buy firearms for protection, in spite of the fact that police admitted they could not protect citizens. (6) In addition to the problem of delays and erroneous denials for law-abiding citizens who need to protect themselves, background checks can also lend themselves to official abuse: (A) In 1991, the office of Technology Assessment commented on the possibility of gun owner registration under Virginia's instant check system. It stated, ``[T]he potential [for registration] exists regardless of legal prohibitions.'' (B) A Justice Department Task Force stated in 1989 that ``[a]ny system that requires a criminal record check prior to purchase of a firearm creates the potential for the automated tracking of individuals who seek to purchase firearms.'' SEC. 3. SECOND AMENDMENT RESTORATION. (a) Public Law 103-159 is hereby repealed, and any provisions of law amended or repealed by such Act are restored or revived as if such Act had not been enacted. (b) The Assault Weapon Manufacturing Strict Liability Act of 1990 (D.C. Act 8-289, signed by the Mayor of the District of Columbia on December 17, 1990) is hereby repealed, and any provisions of law amended or repealed by such Act are restored or revived as if such Act had not been enacted. (c) The second sentence of paragraph (4) of subsection (g) of section 923 of title 18, United States Code, is amended to read as follows: ``Where discontinuance of the business is absolute, such records shall be delivered within thirty days after the business discontinuance to another licensee.''. (d) Subparagraph (2)(A) of subsection (d) of section 924 of title 18, United States Code, is amended by adding after ``chapter'' the following: ``or under chapter 53 of subtitle E of title 26, United States Code, including a proceeding before an administrative law judge''. (e) Subparagraph (2)(B) of subsection (d) of section 924 of title 18, United States Code, is amended by adding after ``chapter'' the following: ``or under chapter 53 of subtitle of title 26, United States Code, including a proceeding before an administrative law judge''. (f) Subparagraph (2)(D) of subsection (d) of section 924 of title 18, United States Code, is amended by striking all after ``(D)'' and inserting in lieu thereof the following: ``Any person aggrieved by the violation of any civil or constitutional right in connection with the lawful possession or use of a firearm by the Government of the United States or any official or employee thereof or the Government of any State or subdivision or any official or employee thereof may bring an action for actual and punitive damages in the federal district court in which such person resides or transacts business. The court may award a prevailing plaintiff, other than the Government of the United States or any State or any subdivision thereof, or any official or employee thereof, reasonable attorneys' fees and costs. Nothing in this subparagraph shall be construed to limit any remedies which may otherwise be available to such person.'' (g) Section 926 of title 18, United States Code, is amended by adding at the end thereof the following new subsections: ``(d) No provision of law, nor any statute of any State or subdivision thereof, enacted to regulate the level of any pollutant or pollutants may be applied to the sale, transportation, possession, importation, or use of any firearm or ammunition. ``(e) No officer or employee of the Bureau of Alcohol, Tobacco and Firearms may undertake any investigation of a single individual, organization, or business which will reasonably require expenditures in excess of $4,000 without prior written approval by the Deputy Secretary of the Treasury. ``(f) No officer or employee or the Bureau of Alcohol, Tobacco and Firearms may undertake any investigation in consultation or cooperation with the Internal Revenue Service without prior written approval by the Deputy Secretary of the Treasury. ``(g) Whoever violates any provision of this section shall be imprisoned for not more than two years, fined not more than $250,000, or both. ``(h)(1) No officer, agent, or employee of the United States may list, record, copy, or computerize the names of firearms owners, other than those required to be maintained under title 26, United States Code, nor shall such officer, agent, or employee transfer information concerning the identities of firearms owners to a facility owned, managed, or controlled by the United States or any State or political subdivision thereof, nor shall such officer, agent, or employee participate in the establishment of any system of registration of firearms, firearms owners, or firearms transactions or dispositions. Any list, record, copy, computerization, facility, or system which, had it been created or expanded following the effective date of this Act, would be in violation of this Act, together with any records delivered to the Secretary pursuant to paragraph (4) of subsection (g) of section 923 of title 18, United States Code, shall be destroyed within ninety days of the effective date of this Act. ``(2) Any person aggrieved by the violation of any civil or constitutional right in connection with a violation of the provisions or this subsection by the Government of the United States or any official or employee thereof or the Government of any State or subdivision or any official or employee thereof or the Government of any State or subdivision or any official or employee thereof may bring an action for actual and punitive damages in the federal district court in which such person resides or transacts business. The court may award a prevailing plaintiff, other than the Government of the United States or any State or any subdivision thereof, or any official or employee thereof, reasonable attorney's fees and costs. Nothing in this subparagraph shall be construed to limit any remedies which may otherwise be available to such person.''. SEC. 4. SEVERABILITY. If any provision of this Act or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act which can be given effect without the invalid provisions or applications, and to this end the provisions of this Act are severable. SEC. 5. EFFECTIVE DATE. The provisions of this Act shall take effect immediately upon enactment.

Second Amendment Reaffirmation Act of 1995 - Repeals: (1) the Brady Handgun Violence Prevention Act; and (2) the Assault Weapon Manufacturing Strict Liability Act of 1990 (D.C. Act 8-289). Amends the Firearms Owners' Protection Act (the Act) to: (1) provide that, where discontinuance of a firearms or ammunition business is to be absolute, the records required to be kept shall be delivered within 30 days after such discontinuance to another Federal firearms licensee; and (2) make provisions regarding the award of attorney's fees to the prevailing party, including when the court finds that the action was without foundation or initiated in bad faith, applicable to certain actions and proceedings under Internal Revenue Code (IRC) provisions concerning excise taxes for machine guns, destructive devices, and certain other firearms, including a proceeding before an administrative law judge. Authorizes: (1) any person aggrieved by the violation of a civil or constitutional right in connection with the lawful possession or use of a firearm by the U.S. Government, any official or employee thereof, or the government of any State or subdivision or official or employee thereof to bring an action for actual and punitive damages in the Federal district court in which such person resides or transacts business; and (2) the court to award a prevailing plaintiff, other than the Government, reasonable attorneys' fees and costs. Bars: (1) the application of any legal provision or any State or local statute enacted to regulate the level of any pollutant from being applied to the sale, transportation, possession, importation, or use of any firearm or ammunition; and (2) any officer or employee of the Bureau of Alcohol, Tobacco, and Firearms (BATF) from undertaking any investigation of a single individual, organization, or business which will reasonably require expenditures in excess of $4,000, or any investigation in consultation or cooperation with the Internal Revenue Service, without prior written approval by the Deputy Secretary of the Treasury. Sets penalties for violations. Prohibits any U.S. officer, agent, or employee from listing, recording, copying, or computerizing the names of firearm owners (other than those required to be maintained under the IRC), transferring information concerning the identities of firearms owners to a facility owned, managed, or controlled by the United States or any State or political subdivision thereof, or participating in the establishment of any system of registration of firearms, firearms owners, or firearms transactions or dispositions. Requires that any such list, record, copy, computerization, facility, or system that would have violated this Act had it been created or expanded following the effective date of this Act be destroyed. Creates a cause of action for persons aggrieved by the violation of any civil or constitutional right in connection with a violation of the Act by the Government for actual and punitive damages, including the award of reasonable attorney's fees and costs to a prevailing plaintiff other than the Federal, a State, or local government.

Second Amendment Reaffirmation Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Combating Prescription Drug Abuse Act''. SEC. 2. COMMISSION. (a) Establishment.--There is established the Combating Prescription Drug Abuse Commission (referred to in this Act as the ``Commission''). (b) Membership.-- (1) Appointment.--The Commission shall be composed of 30 members. Such members shall be appointed by the Comptroller General of the United States, in consultation with the Secretary of Health and Human Services and the Attorney General. (2) Composition.--The members appointed under paragraph (1) shall include an equitable balance of individuals representing health care groups and law enforcement groups, including-- (A) a representative of the Drug Enforcement Administration; (B) a representative of the Food and Drug Administration; (C) a representative of the Office of National Drug Control Policy; (D) representatives of patient, advocacy, and community-based groups; (E) representatives of pharmacy, prescribers, hospitals, wholesalers, dispensers, manufacturers, and other health care groups; (F) public policy experts; (G) representatives of State attorneys general; and (H) representatives of law enforcement officials, including local law enforcement officials. (3) Date of appointment.--The appointments of the members of the Commission shall be made not later than 180 days after the date of enactment of this Act. (4) Co-chairs.--The representative of the Drug Enforcement Administration and the representative of the Food and Drug Administration shall serve as Co-Chairs of the Commission. (5) Period of appointment; vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (c) Meetings.--The Commission shall meet at the call of the Co- Chairs. The Commission shall meet for at least 2 public meetings, at which the Commission shall provide opportunity for public input, comment, and suggestion. (d) Duties of the Commission.-- (1) In general.--The Commission shall-- (A) review and report to Congress on Federal initiatives with respect to efforts to prevent and reduce prescription drug abuse; (B) identify gaps and opportunities with respect to ensuring the safe use of prescription drugs with the potential for diversion and abuse; and (C) make recommendations on specific ways to reduce diversion and abuse of prescription drugs. (2) Report.-- (A) In general.--Not later than 1 year after the date of enactment of this Act, the Commission shall issue a report to Congress that describes the efforts of the Commission to prevent or reduce drug diversion and abuse to ensure that patients continue to have access to medications. (B) Recommendations.--The report described in subparagraph (A) shall include specific recommendations for the Drug Enforcement Administration, the Food and Drug Administration, and other Federal and State agencies, as appropriate, and shall include the following topics: (i) Systems for prescription drug monitoring, which shall include proposals to increase the use and sustainability of prescription drug monitoring programs. (ii) Illegal Internet prescription drug sites and ``pill mills'' that distribute prescription drugs and fill prescriptions inappropriately. (iii) Facilitating proper disposal of prescription drugs, including public outreach and education efforts with respect to such proper disposal. (iv) Identifying active areas of prescription drug abuse. (v) Improving collaboration among Federal agencies, especially the Drug Enforcement Administration and the Food and Drug Administration. (vi) Improving collaboration between Federal agencies and relevant stakeholders, including the groups represented on the Commission. (vii) The resource needs for law enforcement. (viii) Proposals to improve the education of providers, patients, parents, and youth. (ix) Development of abuse-resistant products. (x) Recommendations for reducing robberies, burglaries, and cargo theft. (e) Powers of the Commission.-- (1) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this section. (2) Information from federal agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this section. Upon the request of the Co-Chairs of the Commission, the head of such department or agency shall furnish such information to the Commission in a timely manner. (f) Confidentiality.--Information obtained by the Commission from any Federal agency shall be exempt from disclosure under section 552 of title 5, United States Code. For purposes of the preceding sentence, this subsection shall be considered a statute described in subsection (b)(3)(B) of such section 552. (g) Termination of the Commission.--The Commission shall terminate 2 years after the date on which the members are appointed under subsection (b). (h) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated $3,000,000 for fiscal years 2014 through 2016 to the Commission to carry out this section. (2) Limitation on use of funds.--No funds appropriated under paragraph (1) may be used to carry out the recommendations of the Commission.

Combating Prescription Drug Abuse Act - Establishes the Combating Prescription Drug Abuse Commission, whose duties shall be to: (1) review and report to Congress on federal initiatives regarding efforts to prevent and reduce prescription drug abuse, (2) identify gaps and opportunities regarding the safe use of prescription drugs with the potential for diversion and abuse, and (3) make recommendations on specific ways to reduce diversion and abuse of prescription drugs. Requires the report to describe Commission efforts to prevent or reduce drug diversion and abuse to ensure that patients continue to have access to medications and include specific recommendations for the Drug Enforcement Administration (DEA), the Food and Drug Administration (FDA), and other federal and state agencies concerning prescription drug monitoring and abuse.

Combating Prescription Drug Abuse Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ethanol Infrastructure Expansion Act of 2007''. SEC. 2. FINDINGS. Congress finds that-- (1) it is in the national interest to make greater use of ethanol in transportation fuels; (2) ethanol is a clean, renewable fuel that provides public health benefits in the form of reduced emissions, including reduced greenhouse gas emissions that cause climate change; (3) ethanol use provides economic gains to agricultural producers, biofuels producers, and rural areas; (4) ethanol use benefits the national security of the United States by displacing the use of petroleum, much of which is imported from foreign countries that are hostile to the United States; (5) ethanol can reduce prices at the pump for motoring consumers by extending fuel supplies due to the competitive cost of ethanol relative to conventional gasoline; (6) ethanol faces shipping challenges in pipelines that transport other liquid transportation fuels; (7) additional research and development can provide solutions to overcome the barriers of shipping ethanol in pipelines that transport other liquid transportation fuels; (8) currently ethanol is shipped by rail tanker cars, barges, and trucks, all of which could, as ethanol production expands, encounter capacity limits due to competing use demands for the rail tanker cars, barges, and trucks; (9) as the United States ethanol market expands in the coming years there is a need to evaluate the feasibility and value for new construction of dedicated ethanol pipelines to transport ethanol from the Midwest, where ethanol generally is produced, to the Eastern and Western United States; (10) as of the date of enactment of this Act, dedicated ethanol pipelines do not exist in the United States and will be challenging to construct, at least initially; (11) ascertaining solutions to the technical barriers of transporting ethanol in the existing pipeline system is important because of the safety, reliability, and cost savings pipeline transportation provides to the public; and (12) having an ethanol pipeline study completed in the very near term is important because the construction of 1 or more dedicated ethanol pipelines would take at least several years to complete. SEC. 3. DEFINITION OF SECRETARY. In this Act, the term ``Secretary'' means the Secretary of Energy. SEC. 4. FEASIBILITY STUDIES. (a) In General.--The Secretary, in coordination with the Secretary of Transportation, shall spend up to $1,000,000 to fund feasibility studies for the construction of dedicated ethanol pipelines. (b) Conduct of Studies.-- (1) In general.--The Secretary shall-- (A) through a competitive solicitation process, select 1 or more firms having capabilities in the planning, development, and construction of dedicated ethanol pipelines to carry out the feasibility studies described in subsection (a); or (B) carry out the feasibility studies in conjunction with such firms. (2) Timing.-- (A) In general.--If the Secretary elects to select 1 or more firms under paragraph (1)(A), the Secretary shall award funding under this section not later than 120 days after the date of enactment of this Act. (B) Studies.--As a condition of receiving funds under this section, a recipient of funding shall agree to submit to the Secretary a completed feasibility study not later than 360 days after the date of enactment of this Act. (c) Study Factors.--Feasibility studies funded under this Act shall include consideration of-- (1) existing or potential barriers to dedicated ethanol pipelines, including technical, siting, financing, and regulatory barriers; (2) potential evolutionary pathways for the development of an ethanol pipeline transport system, such as starting with localized gathering networks as compared to major interstate ethanol pipelines to carry larger volumes from the Midwest to the East or West coast; (3) market risk, including throughput risk, and ways of mitigating the risk; (4) regulatory, financing, and siting options that would mitigate risk in these areas and help ensure the construction of dedicated ethanol pipelines; (5) financial incentives that may be necessary for the construction of dedicated ethanol pipelines, including the return on equity that sponsors of the first dedicated ethanol pipelines will require to invest in the pipelines; (6) the quantity of ethanol production that would make dedicated pipelines economically feasible; (7) technical factors that may compromise the safe transportation of ethanol in pipelines; (8) identifying remedial and preventative measures to ensure pipeline integrity; and (9) such other factors as the Secretary considers to be appropriate. (d) Confidentiality.--If a recipient of funding under this section requests confidential treatment for critical energy infrastructure information or commercially-sensitive data contained in a feasibility study submitted by the recipient under subsection (b)(2)(B), the Secretary shall offer to enter into a confidentiality agreement with the recipient to maintain the confidentiality of the submitted information. (e) Review; Report.--The Secretary shall-- (1) review the feasibility studies submitted under subsection (b)(2)(B) or carried out under subsection (b)(1)(B); and (2) not later than 15 months after the date of enactment of this Act, submit to Congress a report that includes-- (A) information about the potential benefits of constructing dedicated ethanol pipelines; and (B) recommendations for legislation that could help provide for the construction of dedicated ethanol pipelines. SEC. 5. EXISTING PIPELINE TECHNICAL AND SAFETY RESEARCH AND DEVELOPMENT. (a) In General.--The Secretary, in coordination with the Secretary of Transportation, shall expend up to $1,000,000 to carry out a program of research, development, and demonstration to address technical factors that prevent the transportation of ethanol and biodiesel in existing hazardous liquid interstate transmission pipelines. (b) Conduct of Studies.-- (1) In general.--The Secretary shall-- (A) through a competitive solicitation process, select 1 or more firms having capabilities in the planning, development, construction, and modification of existing hazardous liquids interstate pipelines to carry out the program described in subsection (a); or (B) carry out the program in conjunction with such firms. (2) Timing.-- (A) In general.--If the Secretary elects to select 1 or more firms under paragraph (1)(A), the Secretary shall award funding under this section not later than 120 days after the date of enactment of this Act. (B) Studies.--As a condition of receiving funds under this section, a recipient of funding shall agree to submit to the Secretary a completed report on the recipient's findings not later than 360 days after the date of enactment of this Act. (c) Program Elements.--The program shall include research, development, and demonstration activities related to-- (1) identifying and preventing conditions that lead to stress corrosion cracking or that might otherwise compromise the integrity of the pipeline system; (2) product quality assurance during pipeline transportation; and (3) other technical factors for the transportation of ethanol and biodiesel that might compromise the integrity of the pipeline system. (d) Confidentiality.--If a recipient of funding under this section requests confidential treatment for critical energy infrastructure information or commercially-sensitive data contained in a report submitted by the recipient under subsection (b)(2)(B), the Secretary shall offer to enter into a confidentiality agreement with the recipient to maintain the confidentiality of the submitted information. (e) Review; Report.--The Secretary shall-- (1) review the report submitted under subsection (b)(2)(B) or carried out under subsection (b)(1)(B); and (2) not later than 15 months after the date of enactment of this Act, submit to Congress a report that includes-- (A) information about the potential benefits of modifying existing hazardous liquid interstate transmission pipelines to allow the transportation of ethanol and biodiesel; and (B) recommendations for legislation that could help provide for the modification of existing hazardous liquid interstate transmission pipelines to allow the transportation of ethanol and biodiesel. SEC. 6. FUNDING. (a) There are authorized to be appropriated to the Secretary to carry out section 4 of this Act $1,000,000 for fiscal year 2008, to remain available until expended. (b) There are authorized to be appropriated to the Secretary to carry out section 5 of this Act $1,000,000 for fiscal year 2008, to remain available until expended.

Ethanol Infrastructure Expansion Act of 2007 - Directs the Secretary of Energy, in coordination with the Secretary of Transportation, to: (1) award up to $1 million to one or more eligible firms to conduct feasibility studies for the construction of one or more dedicated ethanol pipelines; and (2) award up to $1 million to one or more eligible firms to carry out a program to address technical factors that prevent the transportation of ethanol and biodiesel in existing hazardous liquid interstate transmission pipelines.

To require the Secretary of Energy to award funds to study the feasibility of constructing dedicated ethanol pipelines, to address technical factors that prevent transportation of ethanol in existing pipelines, and to increase the energy, economic, and environmental security of the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Violent Crime Control Act of 1993''. SEC. 2. FINDINGS. The Congress finds that-- (1) there is no reliable information on the amount of ammunition available; (2) importers and manufacturers of ammunition are not required to keep records to report to the Federal Government on ammunition imported, produced, or shipped; (3) a loophole in current law permits a Federal licensee to order unlimited amounts of guns from a manufacturer, whether or not the licensee is legally permitted to sell them under State or local law; (4) the rate of bullet-related deaths in the United States is unacceptably high and growing; (5) three calibers of bullets are used disproportionately in crime: 9 millimeter, .25 caliber, and .32 caliber bullets; (6) injury and death are greatest in young males, and particularly young black males; (7) epidemiology can be used to study bullet-related death and injury to evaluate control options; (8) bullet-related death and injury has placed increased stress on the American family resulting in increased welfare expenditures under title IV of the Social Security Act; (9) bullet-related death and injury have contributed to the increase in Medicaid expenditures under title XIX of the Social Security Act; (10) bullet-related death and injury have contributed to increased supplemental security income benefits under title XVI of the Social Security Act; (11) a tax on the sale of bullets will help control bullet- related death and injury; (12) there is no central responsible agency for trauma, there is relatively little funding available for the study of bullet-related death and injury, and there are large gaps in research programs to reduce injury; (13) current laws and programs relevant to the loss of life and productivity from bullet-related trauma are inadequate to protect the citizens of the United States; and (14) increased research in bullet-related violence is needed to better understand the causes of such violence, to develop options for controlling such violence, and to identify and overcome barriers to implementing effective controls. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to increase the tax on the sale of 9 millimeter, .25 caliber, and .32 caliber bullets (except with respect to any sale to law enforcement agencies) as a means of reducing the epidemic of bullet-related death and injury; (2) to undertake a nationally coordinated effort to survey, collect, inventory, synthesize, and disseminate adequate data and information for-- (A) understanding the full range of bullet-related death and injury, including impacts on the family structure and increased demands for benefit payments under provisions of the Social Security Act; (B) assessing the rate and magnitude of change in bullet-related death and injury over time; (C) educating the public about the extent of bullet-related death and injury; and (D) expanding the epidemiologic approach to evaluate efforts to control bullet-related death and injury and other forms of violence; (3) to develop options for controlling bullet-related death and injury; (4) to build the capacity and encourage responsibility at the individual, group, community, State and Federal levels for control and elimination of bullet-related death and injury; (5) to promote a better understanding of the utility of the epidemiologic approach for evaluating options to control or reduce death and injury from nonbullet-related violence; and (6) to control the proliferation of illegal firearms currently causing an alarming rate of death. TITLE I--BULLET DEATH AND INJURY CONTROL PROGRAM SEC. 101. BULLET DEATH AND INJURY CONTROL PROGRAM. (a) Establishment.--There is established within the Centers for Disease Control's National Center for Injury Prevention and Control (referred to as the ``Center'') a Bullet Death and Injury Control Program (referred to as the ``Program''). (b) Purpose.--The Center shall conduct research into and provide leadership and coordination for-- (1) the understanding and promotion of knowledge about the epidemiologic basis for bullet-related death and injury within the United States; (2) developing technically sound approaches for controlling, and eliminating, bullet-related deaths and injuries; (3) building the capacity for implementing the options, and expanding the approaches to controlling death and disease from bullet-related trauma; and (4) educating the public about the nature and extent of bullet-related violence. (c) Functions.--The functions of the Program shall be-- (1) to summarize and to enhance the knowledge of the distribution, status, and characteristics of bullet-related death and injury; (2) to conduct research and to prepare, with the assistance of State public health departments-- (A) statistics on bullet-related death and injury; (B) studies of the epidemic nature of bullet- related death and injury; and (C) status of the factors, including legal, socioeconomic, and other factors, that bear on the control of bullets and the eradication of the bullet- related epidemic; (3) to publish information about bullet-related death and injury and guides for the practical use of epidemiological information, including publications that synthesize information relevant to national goals of understanding the bullet-related epidemic and methods for its control; (4) to identify socioeconomic groups, communities, and geographic areas in need of study, develop a strategic plan for research necessary to comprehend the extent and nature of bullet-related death and injury, and determine what options exist to reduce or eradicate such death and injury; (5) to provide for the conduct of epidemiologic research on bullet-related death and injury through grants, contracts, cooperative agreements, and other means, by Federal, State, and private agencies, institutions, organizations, and individuals; (6) to make recommendations to Congress, the Bureau of Alcohol, Tobacco, and Firearms, and other Federal, State, and local agencies on the technical management of data collection, storage, and retrieval necessary to collect, evaluate, analyze, and disseminate information about the extent and nature of the bullet-related epidemic of death and injury as well as options for its control; (7) to make recommendations to the Congress, the Bureau of Alcohol, Tobacco, and Firearms, and other Federal, State and local agencies, organizations, and individuals about options for actions to eradicate or reduce the epidemic of bullet- related death and injury; (8) to provide training and technical assistance to the Bureau of Alcohol, Tobacco, and Firearms and other Federal, State, and local agencies regarding the collection and interpretation of bullet-related data; and (9) to research and explore bullet-related death and injury and options for its control. (d) Advisory Board.-- (1) In general.--The Center shall have an independent advisory board to assist in setting the policies for and directing the Program. (2) Membership.--The advisory board shall consist of 13 members, including-- (A) 1 representative from the Centers for Disease Control; (B) 1 representative from the Bureau of Alcohol, Tobacco and Firearms; (C) 1 representative from the Department of Justice; (D) 1 member from the Drug Enforcement Agency; (E) 3 epidemiologists from universities or nonprofit organizations; (F) 1 criminologist from a university or nonprofit organization; (G) 1 behavioral scientist from a university or nonprofit organization; (H) 1 physician from a university or nonprofit organization; (I) 1 statistician from a university or nonprofit organization; (J) 1 engineer from a university or nonprofit organization; and (K) 1 public communications expert from a university or nonprofit organization. (3) Terms.--Members of the advisory board shall serve for terms of 5 years, and may serve more than 1 term. (4) Compensation of members.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (5) Travel expenses.--A member of the advisory board that is not otherwise in the Federal Government service shall, to the extent provided for in advance in appropriations Acts, be paid actual travel expenses and per diem in lieu of subsistence expenses in accordance with section 5703 of title 5, United States Code, when the member is away from the member's usual place of residence. (6) Chair.--The members of the advisory board shall select 1 member to serve as chair. (e) Consultation.--The Center shall conduct the Program required under this section in consultation with the Bureau of Alcohol, Tobacco, and Firearms and the Department of Justice. (f) Authorization of Appropriations.--There are authorized to be appropriated $1,000,000 for fiscal year 1993, $2,500,000 for fiscal year 1994, and $5,000,000 for each of fiscal years 1995, 1996, and 1997 for the purpose of carrying out this section. (g) Report.--The Center shall prepare an annual report to Congress on the Program's findings, the status of coordination with other agencies, its progress, and problems encountered with options and recommendations for their solution. The report for December 31, 1995, shall contain options and recommendations for the Program's mission and funding levels for the years 1996-2000, and beyond. TITLE II--INCREASE IN EXCISE TAX ON CERTAIN BULLETS SEC. 201. INCREASE IN TAX ON CERTAIN BULLETS. (a) In General.--Section 4181 of the Internal Revenue Code of 1986 (relating to the imposition of tax on firearms, etc.) is amended by adding at the end the following new flush sentence: ``In the case of 9 millimeter, .25 caliber, or .32 caliber ammunition, the rate of tax under this section shall be 1,000 percent.''. (b) Exemption for Law Enforcement Purposes.--Section 4182 of the Internal Revenue Code of 1986 (relating to exemptions) is amended by adding at the end the following new subsection: ``(d) Law Enforcement.--The last sentence of section 4181 shall not apply to any sale (not otherwise exempted) to, or for the use of, the United States (or any department, agency, or instrumentality thereof) or a State or political subdivision thereof (or any department, agency, or instrumentality thereof).''. (c) Effective Date.--The amendments made by this section shall apply to sales after December 31, 1995. TITLE III--USE OF AMMUNITION SEC. 301. RECORDS OF DISPOSITION OF AMMUNITION. (a) Amendment of Title 18, United States Code.--Section 923(g) of title 18, United States Code, is amended-- (1) in paragraph (1)(A) by inserting after the second sentence ``Each licensed importer and manufacturer of ammunition shall maintain such records of importation, production, shipment, sale, or other disposition of ammunition at the licensee's place of business for such period and in such form as the Secretary, in consultation with the Director of the National Center for Injury Prevention and Control of the Centers for Disease Control (for the purpose of ensuring that the information that is collected is useful for the Bullet Death and Injury Control Program), may by regulation prescribe. Such records shall include the amount, caliber, and type of ammunition.''; and (2) by adding at the end thereof the following new paragraph: ``(6) Each licensed importer or manufacturer of ammunition shall annually prepare a summary report of imports, production, shipments, sales, and other dispositions during the preceding year. The report shall be prepared on a form specified by the Secretary, in consultation with the Director of the National Center for Injury Prevention and Control of the Centers for Disease Control (for the purpose of ensuring that the information that is collected is useful for the Bullet Death and Injury Control Program), shall include the amounts, calibers, and types of ammunition that were disposed of, and shall be forwarded to the office specified thereon not later than the close of business on the date specified by the Secretary.''. (b) Study of Criminal Use and Regulation of Ammunition.--The Secretary of the Treasury shall request the Centers for Disease Control to-- (1) prepare, in consultation with the Secretary, a study of the criminal use and regulation of ammunition; and (2) submit to Congress, not later than July 31, 1996, a report with recommendations on the potential for preventing crime by regulating or restricting the availability of ammunition. TITLE IV--COMPLIANCE WITH STATE AND LOCAL FIREARMS LAWS SEC. 401. COMPLIANCE WITH STATE AND LOCAL FIREARMS LICENSING LAWS REQUIRED BEFORE ISSUANCE OF FEDERAL LICENSE TO DEAL IN FIREARMS. (a) In General.--Section 923(d)(1) of title 18, United States Code, is amended-- (1) by striking ``and'' at the end of subparagraph (D); (2) by striking the period at the end of subparagraph (E) and inserting ``; and''; and (3) by adding at the end the following: ``(F) in the case of an application for a license to engage in the business of dealing in firearms-- ``(i) the applicant has complied with all requirements imposed on persons desiring to engage in such a business by the State and political subdivision thereof in which the applicant conducts or intends to conduct such business; and ``(ii) the application includes a written statement which-- ``(I) is signed by the chief of police of the locality, or the sheriff of the county, in which the applicant conducts or intends to conduct such business, the head of the State police of such State, or any official designated by the Secretary; and ``(II) certifies that the information available to the signer of the statement does not indicate that the applicant is ineligible to obtain such a license under the law of such State and locality.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to applications for a license that is issued on or after the date of the enactment of this Act.

TABLE OF CONTENTS: Title I: Bullet Death and Injury Control Program Title II: Increase in Excise Tax on Certain Bullets Title III: Use of Ammunition Title IV: Compliance with State and Local Firearms Laws Violent Crime Control Act of 1993 - Title I: Bullet Death and Injury Control Program - Establishes within the Centers for Disease Control's National Center for Injury Prevention and Control a Bullet Death and Injury Control Program. Directs the Center to conduct research into, and provide leadership and coordination for: (1) the understanding and promotion of knowledge about the epidemiologic basis for bullet-related death and injury within the United States; (2) developing technically sound approaches for controlling and eliminating bullet-related deaths and injuries; (3) building the capacity for implementing the options and for expanding the approaches to controlling death and disease from bullet-related trauma; and (4) educating the public about the nature and extent of bullet-related violence. Sets forth provisions regarding: (1) the functions of the Center; and (2) establishment of an independent advisory board to assist in setting the policies for and directing the Program. Authorizes appropriations. Title II: Increase in Excise Tax on Certain Bullets - Amends the Internal Revenue Code to set the excise tax rate on .25 and .32 caliber and nine millimeter ammunition at 1,000 percent, with an exemption for law enforcement agencies. Title III: Use of Ammunition - Amends the Federal criminal code to require each licensed importer and manufacturer of ammunition to maintain records of and report annually on disposition of ammunition. Directs the Secretary of the Treasury to prepare a study of the criminal use of, and regulation of, ammunition and to report to the Congress with recommendations on the potential for preventing crime by regulating or restricting the availability of ammunition. Title IV: Compliance with State and Local Firearms Laws - Amends the Federal criminal code to require compliance with State and local firearms licensing laws before issuance of a Federal license to deal in firearms.

Violent Crime Control Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to Consumer Energy Information Act'' or the ``E-Access Act''. SEC. 2. DEFINITION OF SECRETARY. In this Act, the term ``Secretary'' means the Secretary of Energy. SEC. 3. CONSUMER ACCESS TO ELECTRIC ENERGY INFORMATION. (a) In General.--The Secretary shall encourage and support the adoption of policies that allow electricity consumers access to their own electricity data. (b) Eligibility for State Energy Plans.--Section 362(d) of the Energy Policy and Conservation Act (42 U.S.C. 6322(d)) is amended-- (1) in paragraph (16), by striking ``and'' after the semicolon at the end; (2) by redesignating paragraph (17) as paragraph (18); and (3) by inserting after paragraph (16) the following: ``(17) programs-- ``(A) to enhance consumer access to and understanding of energy usage and price information, including consumers' own residential and commercial electricity information; and ``(B) to allow for the development and adoption of innovative products and services to assist consumers in managing energy consumption and expenditures; and''. (c) Voluntary Guidelines for Electric Consumer Access.-- (1) Definitions.--In this subsection: (A) Retail electric energy information.--The term ``retail electric energy information'' means-- (i) the electric energy consumption of an electric consumer over a defined time period; (ii) the retail electric energy prices or rates applied to the electricity usage for the defined time period described in clause (i) for the electric consumer; (iii) the estimated cost of service by the consumer, including (if smart meter usage information is available) the estimated cost of service since the last billing cycle of the consumer; and (iv) in the case of nonresidential electric meters, any other electrical information that the meter is programmed to record (such as demand measured in kilowatts, voltage, frequency, current, and power factor). (B) Smart meter.--The term ``smart meter'' means the device used by an electric utility that-- (i)(I) measures electric energy consumption by an electric consumer at the home or facility of the electric consumer in intervals of 1 hour or less; and (II) is capable of sending electric energy usage information through a communications network to the electric utility; or (ii) meets the guidelines issued under paragraph (2). (2) Voluntary guidelines for electric consumer access.-- (A) In general.--Not later than 180 days after the date of enactment of this Act, subject to subparagraph (B), the Secretary shall issue voluntary guidelines that establish model standards for implementation of retail electric energy information access in States. (B) Consultation.--Before issuing the voluntary guidelines, the Secretary shall-- (i) consult with-- (I) State and local regulatory authorities, including the National Association of Regulatory Utility Commissioners; (II) other appropriate Federal agencies, including the National Institute of Standards and Technology; (III) consumer and privacy advocacy groups; (IV) utilities; (V) the National Association of State Energy Officials; and (VI) other appropriate entities, including groups representing commercial and residential building owners and groups that represent demand response and electricity data devices and services; and (ii) provide notice and opportunity for comment. (C) State and local regulatory action.--In issuing the voluntary guidelines, the Secretary shall, to the maximum extent practicable, be guided by actions taken by State and local regulatory authorities to ensure electric consumer access to retail electric energy information, including actions taken after consideration of the standard established under section 111(d)(17) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)(17)). (D) Contents.-- (i) In general.--The voluntary guidelines shall provide guidance on issues necessary to carry out this subsection, including-- (I) the timeliness and specificity of retail electric energy information; (II) appropriate nationally recognized open standards for data; (III) the protection of data security and electric consumer privacy, including consumer consent requirements; and (IV) issues relating to access of electric energy information for owners and managers of multitenant commercial and residential buildings. (ii) Inclusions.--The voluntary guidelines shall include guidance that-- (I) retail electric energy information should be made available to electric consumers (and third-party designees of the electric consumers) in the United States-- (aa) in an electronic machine readable form, without additional charge, in conformity with standards developed through a voluntary, consensus-based, multistakeholder process; (bb) as timely as is reasonably practicable; (cc) at the level of specificity that the data is transmitted by the meter or as is reasonably practicable; and (dd) in a manner that provides adequate protections for the security of the information and the privacy of the electric consumer; (II) in the case of an electric consumer that is served by a smart meter that can also communicate energy usage information to a device or network of an electric consumer or a device or network of a third party authorized by the consumer, considers providing to the consumer or third- party designee, at a minimum, access to usage information (not including price information) of the consumer directly from the smart meter; (III) retail electric energy information should be provided by the electric utility of the consumer or such other entity as may be designated by the applicable electric retail regulatory authority; (IV) retail electric energy information of the consumer should be made available to the consumer through a website or other electronic access authorized by the electric consumer, for a period of at least 13 months after the date on which the usage occurred; (V) consumer access to data, including data provided to owners and managers of commercial and multifamily buildings with multiple tenants, should not interfere with or compromise the integrity, security, or privacy of the operations of a utility and the electric consumer; (VI) electric energy information relating to usage information generated by devices in or on the property of the consumer that is transmitted to the electric utility should be made available to the electric consumer or the third-party agent designated by the electric consumer; and (VII) the same privacy and security requirements applicable to the contracting utility under subclause (I)(dd) should apply to third-party agents contracting with a utility to process the customer data of that utility. (E) Revisions.--The Secretary shall periodically review and, as necessary, revise the voluntary guidelines to reflect changes in technology, privacy needs, and the market for electric energy and services. (d) Verification and Implementation.-- (1) In general.--A State may submit to the Secretary a description of the data sharing policies of the State relating to consumer access to electric energy information for certification by the Secretary that the policies meet the voluntary guidelines issued under subsection (c)(2). (2) Assistance.--Subject to the availability of funds under paragraph (3), the Secretary shall make Federal amounts available to any State that has data sharing policies described in paragraph (1) that the Secretary certifies meets the voluntary guidelines issued under subsection (c)(2) to assist the State in implementing section 362(d)(17) of the Energy Policy and Conservation Act (42 U.S.C. 6322(d)(17)). (3) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $10,000,000 for fiscal year 2016, to remain available until expended.

Access to Consumer Energy Information Act or the E-Access Act Directs the Secretary of Energy (DOE) to encourage and support the adoption of policies that allow electricity consumers access to their own electricity data. Amends the Energy Policy and Conservation Act to authorize state energy conservation plans to include programs that: (1) enhance consumer access to, and understanding of, energy usage and price information, including consumers' own residential and commercial electricity information; and (2) allow for development and adoption of innovative products and services to assist consumers in managing energy consumption and expenditures. Directs the Secretary to issue voluntary guidelines, meeting specified criteria, which establish model standards to implement retail electric energy information access in states. Authorizes states to submit to the Secretary a description of their data sharing policies regarding consumer access to electric energy information for DOE certification that they meet such voluntary guidelines. Directs the Secretary, subject to appropriations, to make federal funds available to assist any DOE-certified state to implement its energy conservation plan.

E-Access Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Resource Efficient Appliance Incentives Act''. SEC. 2. TAX CREDIT FOR ENERGY EFFICIENT APPLIANCES. (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. 45E. ENERGY EFFICIENT APPLIANCE CREDIT. ``(a) General Rule.--For purposes of section 38, the energy efficient appliance credit determined under this section for the taxable year is an amount equal to the applicable amount determined under subsection (b) with respect to qualified energy efficient appliances produced by the taxpayer during the calendar year ending with or within the taxable year. ``(b) Applicable Amount.--For purposes of subsection (a), the applicable amount determined under this subsection with respect to a taxpayer is the sum of-- ``(1) in the case of an energy efficient clothes washer described in subsection (d)(2)(A) or an energy efficient refrigerator described in subsection (d)(3)(B)(i), an amount equal to-- ``(A) $50, multiplied by ``(B) the number of such washers and refrigerators produced by the taxpayer during such calendar year, and ``(2) in the case of an energy efficient clothes washer described in subsection (d)(2)(B) or an energy efficient refrigerator described in subsection (d)(3)(B)(ii), an amount equal to-- ``(A) $100, multiplied by ``(B) the number of such washers and refrigerators produced by the taxpayer during such calendar year. ``(c) Limitation on Maximum Credit.-- ``(1) In general.--The maximum amount of credit allowed under subsection (a) with respect to a taxpayer for all taxable years shall be-- ``(A) $30,000,000 with respect to the credit determined under subsection (b)(1), and ``(B) $30,000,000 with respect to the credit determined under subsection (b)(2). ``(2) Limitation based on gross receipts.--The credit allowed under subsection (a) with respect to a taxpayer for the taxable year shall not exceed an amount equal to 2 percent of the average annual gross receipts of the taxpayer for the 3 taxable years preceding the taxable year in which the credit is determined. ``(3) Gross receipts.--For purposes of this subsection, the rules of paragraphs (2) and (3) of section 448(c) shall apply. ``(d) Qualified Energy Efficient Appliance.--For purposes of this section-- ``(1) In general.--The term `qualified energy efficient appliance' means-- ``(A) an energy efficient clothes washer, or ``(B) an energy efficient refrigerator. ``(2) Energy efficient clothes washer.--The term `energy efficient clothes washer' means a residential clothes washer, including a residential style coin operated washer, which is manufactured with-- ``(A) a 1.26 Modified Energy Factor (referred to in this paragraph as `MEF') (as determined by the Secretary of Energy), or ``(B) a 1.42 MEF (as determined by the Secretary of Energy) (1.5 MEF for calendar years beginning after 2004). ``(3) Energy efficient refrigerator.--The term `energy efficient refrigerator' means an automatic defrost refrigerator-freezer which-- ``(A) has an internal volume of at least 16.5 cubic feet, and ``(B) consumes-- ``(i) 10 percent less kw/hr/yr than the energy conservation standards promulgated by the Department of Energy for such refrigerator for 2001, or ``(ii) 15 percent less kw/hr/yr than such energy conservation standards. ``(e) Special Rules.-- ``(1) In general.--Rules similar to the rules of subsections (c), (d), and (e) of section 52 shall apply for purposes of this section. ``(2) Aggregation rules.--All persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as one person for purposes of subsection (a). ``(f) Verification.--The taxpayer shall submit such information or certification as the Secretary, in consultation with the Secretary of Energy, determines necessary to claim the credit amount under subsection (a). ``(g) Termination.--This section shall not apply-- ``(1) with respect to energy efficient refrigerators described in subsection (d)(3)(B)(i) produced in calendar years beginning after 2005, and ``(2) with respect to all other qualified energy efficient appliances produced in calendar years beginning after 2007.''. (b) Limitation on Carryback.--Section 39(d) of the Internal Revenue Code of 1986 (relating to transition rules) is amended by adding at the end the following new paragraph: ``(10) No carryback of energy efficient appliance credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the energy efficient appliance credit determined under section 45E may be carried to a taxable year ending before the date of the enactment of section 45E.''. (c) Conforming Amendment.--Section 38(b) of the Internal Revenue Code of 1986 (relating to general business credit) is amended by striking ``plus'' at the end of paragraph (12), by striking the period at the end of paragraph (13) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(14) the energy efficient appliance credit determined under section 45E(a).''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 45D the following new item: ``Sec. 45E. Energy efficient appliance credit.''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001.

Resource Efficient Appliance Incentives Act - Amends the Internal Revenue Code to establish a limited credit, for a limited time period, for producers of qualified energy efficient clothes washers and energy efficient refrigerators.

A bill to amend the Internal Revenue Code of 1986 to provide a credit against tax for energy efficient appliances.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Secret Evidence Against Lawful Aliens Repeal Act of 2001''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) No person physically present in the United States who is a lawful permanent resident alien or other alien with an unexpired visa should be deprived of liberty based on evidence kept secret from that person, including information classified for national security reasons. (2) Use of secret evidence in immigration proceedings against lawful aliens deprives such aliens of due process rights guaranteed under the United States Constitution and undermines our adversarial system, which relies on cross- examination as an engine of truth-seeking. SEC. 3. APPLICATION OF PROCEDURES USED UNDER CLASSIFIED INFORMATION PROCEDURES ACT (CIPA) TO IMMIGRATION PROCEEDINGS. (a) Application of Procedures Used Under Classified Information Procedures Act (CIPA) to Immigration Proceedings.--Chapter 9 of title II of the Immigration and Nationality Act (8 U.S.C. 1351 et seq.) is amended by adding at the end the following new section: ``application of procedures used under classified information procedures act to certain immigration proceedings ``Sec. 295. (a) Notice of Intended Use of Classified Information.-- ``(1) In general.--In any immigration proceeding respecting an alien who is lawfully admitted for permanent residence or otherwise present in the United States with an unexpired visa in which the Attorney General seeks to use classified information, the Attorney General shall inform the alien and the presiding officer in advance. To the maximum extent practicable, if the Attorney General is initiating such proceeding, the Attorney General shall provide such notice within 15 days after initiating the proceeding. ``(2) Limitation.--The Attorney General may seek to use classified information only in an immigration proceeding described in paragraph (1) in which the alien is alleged to be deportable under section 237(a)(4)(B) or to oppose an application for admission or an application for discretionary relief from removal and only after issuing the following certification: ``(A) Substantially the same information could not reasonably be developed from open sources. ``(B) The Attorney General has informed the classifying agency of its intent to use the classified information in connection with immigration proceedings and has requested such agency to declassify such information as is permitted to be declassified under the President's Executive Order on classification. ``(b) Referral of Classified Matters to District Court.-- ``(1) In general.--In the case of an immigration proceeding described in subsection (a)(1) in which the Attorney General or the alien moves for a referral under this section to consider matters relating to classified information that may arise in connection with the proceeding, the presiding officer shall forward the petition for review to a Federal district court for the district in which the alien resides or the place where the immigration proceedings are pending, of the use of such information in such proceeding under subsection (c). Any evidence which is the subject of a petition shall not be considered in the immigration proceeding and shall not be examined by the presiding officer, except as provided in paragraph (3). ``(2) Suspension of immigration proceeding.--In the case of an order or review provided for under paragraph (1), the immigration proceeding may be suspended by the presiding officer pending the disposition of such matter by the district court involved (and any appeals related to such matter). ``(3) Submission of summary.--In the case of a referral under paragraph (1)(A), after the application of subsection (c), the district court shall issue an order to the presiding officer at the proceeding indicating any unclassified summary of classified information, and admissions in lieu of disclosure of classified information, that may be used and the conditions of its use at the proceeding. The presiding officer shall determine whether any information approved by the order may be offered at the immigration proceeding. ``(c) Application of CIPA.-- ``(1) In general.--Subject to the succeeding provisions of this section, in the cases described in subsection (b)(1) involving review by a Federal district court of the use of classified information in an immigration proceeding, the provisions of the Classified Information Procedures Act (18 U.S.C. Appendix III) (in this section referred to as `CIPA') shall apply to an alien who is a subject of the immigration proceeding in the same manner as it applies to a defendant in a criminal proceeding subject to CIPA. ``(2) General rules of application.--In applying subsection (a), the following general rules apply: ``(A) Any reference in CIPA to-- ``(i) a criminal defendant or a trial (or pre-trial) proceeding is deemed to be a reference to the alien who is the subject of the immigration proceeding and to the immigration proceeding; ``(ii) an indictment or information at issue is deemed to be a reference to a notice to appear; ``(iii) a dismissal of an indictment or information is deemed a reference to termination of the immigration proceeding against an alien; and ``(iv) a trial court is deemed a reference (in the case of an administrative immigration proceeding) to the presiding officer in such proceeding. ``(B) The provisions of section 2 of CIPA (other than the last sentence) shall not be applied. ``(C) The Attorney General shall prescribe rules establishing procedures for the protection against unauthorized disclosure of classified information in the custody of the Federal non-judicial officials in immigration proceedings. Such rules shall apply instead of the rules described in section 9 of CIPA. ``(D) Section 12 of CIPA shall not be applied to immigration proceedings. ``(E) In lieu of the reports described in section 13 of CIPA, the Attorney General shall report annually and in writing to the chairmen and ranking minority members of the Committees on the Judiciary of the Senate and the House of Representatives on the implementation of this section. Such reports shall include the following information about each case brought under this section: ``(i) The alien's country of citizenship or, if the alien was stateless, the country in which the alien last habitually resided outside of the United States. ``(ii) The alien's immigration status. ``(iii) Whether the Federal district court approved the summary of classified information and the deletions or admissions proffered by the Attorney General. ``(iv) Whether the alien was ultimately ordered removed under section 237(a)(4)(B) or was granted or denied admission. ``(d) Disclosure of Exculpatory Evidence.--In any immigration proceeding under this section, the Attorney General shall disclose to the alien information that it would be required to disclose to a defendant in an analogous criminal proceeding under CIPA. ``(e) Appointment of Counsel.--In any immigration proceeding described in subsection (a)(1), any alien financially unable to obtain counsel shall be entitled to have counsel assigned to represent such alien. Counsel may be appointed as described in section 3006A of title 18, United States Code. ``(f) Construction Concerning Declassification of Information.-- Nothing in this section shall be construed as preventing an alien who is lawfully admitted for permanent residence or otherwise present in the United States with an unexpired visa in an immigration proceeding from seeking access to classified information under section 552 of title 5, United States Code, or, in the case of information which is not disclosed based on section 552(b)(1) of such title, from initiating an action to seek to declassify some or all of the information involved. ``(g) Expedited Proceedings.--To the extent practicable and in the interests of justice, proceedings under this section shall be conducted on an expedited basis. ``(h) Definitions.--For purposes of this section: ``(1) Immigration proceeding.--The term `immigration proceeding' means any administrative proceeding under this Act. ``(2) Presiding officer.--The term `presiding officer' means, with respect to an immigration proceeding, the administrative or judicial official who is presiding over the immigration proceeding.''. (b) Conforming Amendments.-- (1) Alien terrorist removal.--Title V of the Immigration and Nationality Act is amended by adding at the end the following new section: ``SEC. 508. LIMITATION ON APPLICATION OF TITLE. ``This title shall not apply to any alien who is lawfully admitted for permanent residence or who is otherwise present in the United States with an unexpired visa.''. (2) Aliens' rights in proceedings.--Section 240(b)(4)(B) of the Immigration and Nationality Act (8 U.S.C. 1229a(b)(4)(B)) is amended by inserting ``(subject to section 295)'' after ``but''. (3) Burden on alien.--The last sentence of section 240(c)(2) of such Act (8 U.S.C. 1229a(c)(2)) is amended by inserting ``and for which disclosure is not provided under section 295'' after ``not considered by the Attorney General to be confidential'' (c) Clerical Amendments.--The table of contents for the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended-- (1) by inserting after the item relating to section 294 the following new item: ``Sec. 295. Application of procedures used under Classified Information Procedures Act to certain immigration proceedings.''; and (2) by adding after the item relating to section 507 the following new item: ``Sec. 508. Limitation on application of title.''. SEC. 4. REPEAL OF USE OF SECRET EVIDENCE IN BOND PROCEEDINGS AND JUDICIAL REVIEW OF BOND DETERMINATIONS. (a) Aliens' Rights in Bond Proceedings.--Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226) is amended by adding at the end the following: ``(f) Aliens' Rights in Bond Proceedings.--Subject to section 295, in proceedings under this section in the case of an alien who is lawfully admitted for permanent residence or otherwise present in the United States with an unexpired visa-- ``(1) the alien shall have the privilege of being represented, at no expense to the Government, by counsel of the alien's choosing who is authorized to practice in such proceedings; ``(2) the alien shall have a reasonable opportunity to examine the evidence against the alien, to present evidence on the alien's own behalf, and to cross-examine all witnesses presented by the Government; and ``(3) a complete record shall be kept of all testimony and evidence produced at the proceeding.''. (b) Judicial Review.--Section 236(e) of the Immigration and Nationality Act (8 U.S.C. 1226(e)) is amended-- (1) in the first sentence, by inserting ``to an alien who is not a lawful permanent resident or who otherwise has an unexpired visa'' after ``application of this section''; (2) in the second sentence, by inserting ``who is not a lawful permanent resident or who otherwise has an unexpired visa'' after ``of any alien''; and (3) by adding at the end the following: ``Notwithstanding any other provision of law, any alien who is a lawful permanent resident or who otherwise has an unexpired visa and against whom an order concerning detention, release on bond or parole pending or subsequent to an order of deportability, excludability, or removability shall be entitled to judicial review thereof in habeas corpus proceedings to determine whether the Attorney General is acting in violation of the laws or Constitution of the United States, or is not proceeding with such reasonable dispatch as may be warranted by the particular facts and circumstances of the case.''. SEC. 5. REPEAL OF USE OF SECRET EVIDENCE AGAINST LAWFUL ALIENS. Section 235(c)(1) of the Immigration and Nationality Act (8 U.S.C. 1225(c)(1)) is amended to read as follows: ``(1) Removal without further hearing.-- ``(A) In general.--Except in the case of an alien described in subparagraph (B), if an immigration officer or an immigration judge suspects that an arriving alien may be inadmissible under subparagraph (A) (other than clause (ii)), (B), or (C) of section 212(a)(3), the officer or judge shall-- ``(i) order the alien removed, subject to review under paragraph (2); ``(ii) report the order of removal to the Attorney General; and ``(iii) not conduct any further inquiry or hearing until ordered by the Attorney General. ``(B) Excepted aliens described.--An alien described in this subparagraph is an alien who-- ``(i) is a lawful permanent resident; or ``(ii) has an unexpired visa.''. SEC. 6. TRANSITION. (a) Application to Detainees.--Not more than 30 days after the effective date of this Act, the Attorney General shall, with respect to any alien who is lawfully admitted for permanent residence or otherwise present in the United States with an unexpired visa then detained or whose liberty is otherwise restricted by the Attorney General, on the basis in whole or in part of information submitted by the Government ex parte and in camera to an immigration judge, to the Board of Immigration Appeals or to any court-- (1) provide such alien a copy or transcript of such information, and provide the alien with a redetermination of bond (or a reconsideration of the terms of custody, as the case may be) based on evidence disclosed to the alien and the alien's response to such evidence; (2) withdraw from the record of any proceedings involving such alien any and all evidence, testimony, or other information submitted by the Government ex parte and in camera to the immigration judge, the Board of Immigration Appeals, or to any court, as the case may be, and-- (A) release such alien if such alien is detained; and (B) cease all restrictions on the liberty of such alien if such restrictions exist, unless detention is warranted solely on the basis of evidence disclosed to the alien; (3) initiate proceedings under section 295, if applicable; or (4) release such alien. (b) Termination of Proceedings.--In the case of an alien who is lawfully admitted for permanent residence or otherwise in the United States with an unexpired visa and who is in immigration proceedings as of the effective date of this Act conducted under title V of the Immigration and Nationality Act-- (1) such proceedings are terminated as of the effective date of this Act without prejudice to the Attorney General or the alien; and (2) the Attorney General may, in his or her discretion, commence de novo removal proceedings within 10 days thereafter under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a) and proceedings under section 295, if applicable. SEC. 7. REGULATIONS. The Attorney General shall promulgate regulations, including regulations governing applications for withholding of deportation or removal and relief from deportation, exclusion, or removal to implement this Act not more than 90 days after the effective date of this Act. SEC. 8. EFFECTIVE DATE. The amendments made by this Act shall take effect on the date of the enactment of this Act and shall apply to all aliens who are lawful permanent residents or who otherwise have an unexpired visa without regard to the date of arrival, admission, or entry into the United States.

Secret Evidence Against Lawful Aliens Repeal Act of 2001 - Amends the Immigration and Nationality Act to require the Attorney General to provide advance notice to an alien who is a lawful permanent resident or is otherwise in the United States with an unexpired visa and the presiding officer in any immigration proceeding in which classified information is intended to be used.Limits such information's use to: (1) terrorist activity deportation; or (2) opposition to an alien's admission or relief from removal upon certification that such information could not be developed from open sources and that an agency declassification request has been made.Provides: (1) for Federal district court review of classified material upon Attorney General or alien request; and (2) that the court will issue an order indicating any unclassified summary of such material that may be used in the immigration proceeding. Applies the provisions of the Classified Information Procedures Act to an immigration proceeding under district court review in the same manner as a criminal proceeding subject to such Act. Amends the Act to entitle an alien, subject to the classified information provisions of this Act, who is subject to arrest and detention for removal or deportation to: (1) non-federally provided counsel; (2) examine all evidence, present evidence, and question witnesses; (3) have a complete record of the proceeding kept; and (4) judicial review. Exempts an alien who is a lawful permanent resident or has an unexpired visa from related removal provisions. (Such provisions provide for limited hearings and use of nondisclosed information.) Provides for transitional application of information access provisions to such aliens.

To amend the Immigration and Nationality Act to ensure that no permanent resident alien or alien in the United States with an unexpired visa is removed or otherwise deprived of liberty, based on evidence that is kept secret from the alien.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening the Ownership of Private Property Act of 2005'' or the ``STOPP Act of 2005''. SEC. 2. CONDITIONS OF FINANCIAL ASSISTANCE UNDER FEDERAL ECONOMIC DEVELOPMENT PROGRAMS. (a) Prohibition of Assistance.-- (1) Prohibition.--If, after the date of the enactment of this Act, an entity using the power of a State engages in any conduct described in subsection (b), no officer or employee of the Federal Government having responsibility over Federal financial assistance under any Federal economic development program shall make such assistance available to the relevant entity during the period described in paragraph (3). (2) Entity to which assistance is prohibited.--In this subsection, the term ``relevant entity'' means-- (A) the entity engaging in the conduct described in subsection (b), if that entity is a State or a unit of general local government of a State; and (B) the State or unit of general local government that gave authority for the entity to engage in that conduct, in any other case. (3) Duration of prohibition.--The period referred to in paragraph (1) is the period that begins on the date the officer or employee of the Federal Government having responsibility over Federal financial assistance under the Federal economic development program determines that the relevant entity has engaged in the conduct described in subsection (b) and ends with the earlier of-- (A) the day that is two years after the date the period began; or (B) the day that the property is returned to the entity from whom the property was taken. (b) Conduct Resulting in Prohibition of Assistance.--The conduct described in this subsection is the following: (1) Any use of the power of eminent domain to take property from a private entity and transfer the ownership of, or a leasehold interest, in the property (or a portion thereof) to another private entity, except for a transfer-- (A) for use by a public utility; (B) for a road or other right of way or means, open to the public or common carriers, for transportation; (C) for an aqueduct, pipeline, or similar use; (D) for a prison or hospital; or (E) for any use during and in relation to a national emergency or national disaster declared by the President under other law. (2) Failure to provide relocation assistance for persons displaced by use of eminent domain for economic development.-- Failing to provide, to any person displaced from property by the use of the power of eminent domain for any economic development purpose, relocation assistance under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.) in the same manner and to the same extent as relocation assistance would be required under such Act to be provided by a Federal agency that undertakes a program or project that results in displacement of the person. SEC. 3. PRIVATE RIGHT OF ACTION. The owner of any real property taken by conduct resulting in the prohibition by this Act of assistance may, in a civil action, obtain injunctive and declaratory relief to require the enforcement of that prohibition. SEC. 4. DEFINITIONS. In this Act: (1) Federal economic development program.--The term ``Federal economic development program'' means any of the following programs: (A) Department of agriculture.-- (i) Forest service.-- (I) Programs under the National Forest-Dependent Rural Communities Economic Diversification Act of 1990 (7 U.S.C. 6611 et seq.). (II) The rural development through forestry program authorized by the Department of the Interior and Related Agencies Appropriations Act, 2006 (Public Law 109-54; 119 Stat. 538), and subsequent appropriations laws. (ii) Rural business--cooperative service.-- (I) The intermediary relending program under section 1323 of the Food Security Act of 1985 (7 U.S.C. 1932 note). (II) The rural business opportunities grant program under section 306(a)(11) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)(11)). (III) The program for assistance to cooperatives for economic development under the Act of July 2, 1926 (7 U.S.C. 451 et seq.) and subtitle A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.). (IV) The rural business enterprise grants program under section 310B(c) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(c)). (V) The rural economic development loans and grants program under title III of the Rural Electrification Act of 1936 (7 U.S.C. 930 et seq.). (iii) Rural utilities service.-- (I) The program for grants, direct loans, and guaranteed loans for water and waste disposal systems for rural communities under paragraphs (1) and (2) of section 306(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)). (II) The Rural Utilities Service program for grants and loans to the Denali Commission under section 19(a)(2) of the Rural Electrification Act of 1936 (7 U.S.C. 918a(a)(2)). (iv) Rural housing service.-- (I) The rural community development initiative pursuant to the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114 Stat. 1549A-17) and the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2005 (Public Law 108-447; 118 Stat. 2826). (II) The program for loans and grants for essential community facilities under section 306(a)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)(1)). (v) Farm service agency.--The program for loans to Indian tribes and tribal corporations under the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.). (vi) Rural business investment program.-- The rural business investment program under subtitle H of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009cc et seq.). (B) Department of commerce--economic development administration.--Any program for financial assistance under the Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 et seq.). (C) Department of housing and urban development.-- (i) The community development block grant programs under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.), including the entitlement grants, small cities, special purpose and insular areas grants, States, Indian tribe grants, and loan guarantee programs. (ii) The brownfields economic development initiative under section 108(q) of the Housing and Community Development Act of 1974 (42 U.S.C. 5308(q)). (iii) The rural housing and economic development program of the Department of Housing and Urban Development pursuant to title II of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2005 (Public Law 108-447; 118 Stat. 3300) and title II of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999 (Public Law 105-276; 112 Stat. 2475). (iv) The Indian housing block grant program under the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.). (D) Department of the interior--bureau of indian affairs.--The programs for grants, loans, and loan guarantees for Indian economic development of the Office of Economic Development, Bureau of Indian Affairs of the Department of the Interior. (E) Department of the treasury.--The community development financial institutions fund program under subtitle A of title I of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4701 et seq.). (F) Appalachian regional commission.--Any program for assistance for Appalachian regional development under subtitle IV of title 40, United States Code. (G) National credit union administration.--The community development revolving loan fund program for credit unions under the Community Development Credit Union Revolving Loan Fund Transfer Act (42 U.S.C. 9822 note). (H) Denali commission.--The Denali Commission program under the Denali Commission Act of 1998 (42 U.S.C. 2131 et seq.). (I) Delta regional authority.--The program for Delta regional development under subtitle F of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009aa et seq.). (J) Department of health and human services.--The discretionary award program relating to local community economic development under section 680 of the Community Services Block Grant Act (42 U.S.C. 9921). (2) Federal financial assistance.--The term ``Federal financial assistance'' has the meaning given such term in section 101 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601). (3) State.--The term ``State'' means any of the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, and any other territory or possession of the United States. SEC. 5. SEVERABILITY. If any provision of this Act, or the application thereof, is held invalid, the validity of the remainder of this Act and the application of such provision to other persons and circumstances shall not be affected thereby.

Strengthening the Ownership of Private Property Act of 2005 or STOPP Act of 2005 - Prohibits, until the earlier of two years after the takings prohibited by this Act or the day the property is returned to the original owner, federal financial assistance under defined federal economic development programs to a state or local government entity that: (1) uses the power of eminent domain to take property from a private entity and transfer the ownership of, or a leasehold interest in, the property to another private entity; or (2) fails to provide, to any person displaced from property by the use of the power of eminent domain for any economic development purpose, relocation assistance under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. Excepts from the first clause property taken for: (1) use by a public utility; (2) a road open to the public or common carriers; (3) an aqueduct, pipeline, or similar use; (4) a prison or hospital; or (5) any use during and in relation to a national emergency or national disaster declared by the President. Provides a private right of action for the owner of any real property taken by conduct prohibited under this Act.

To prohibit the provision of Federal economic development assistance for any State or locality that uses the power of eminent domain power to obtain property for private commercial development or that fails to pay relocation costs to persons displaced by use of the power of eminent domain for economic development purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Information Technology Worker Shortage Commission Act''. SEC. 2. FINDINGS. Congress finds that-- (1) information technology is one of the fastest growing areas in the United States economy; (2) the United States is a world leader in the information technology industry; (3) the continued growth and prosperity of the information technology industry is important to the continued prosperity of the United States economy; (4) an adequate supply of information technology workers is essential for the success of information technology and other business entities that use information technology; (5) as of the date of enactment of this Act, there is a shortage of information technology workers; and (6) in the absence of a concerted effort by business entities, the Federal Government, the governments of States and political subdivisions thereof, and educational institutions, the shortage of information technology workers will continue to be a problem. SEC. 3. DEFINITIONS. In this Act: (1) Business entity.--The term ``business entity'' means a firm, corporation, association, partnership, consortium, joint venture, or other form of enterprise. (2) Commission.--The term ``Commission'' means the Information Technology Worker Shortage Commission established under section 4. (3) Information technology.--The term ``information technology'' has the meaning given that term in section 5002 of the Information Technology Management Reform Act of 1996 (110 Stat. 679). (4) State.--The term ``State'' means each of the several States of the United States and the District of Columbia. SEC. 4. ESTABLISHMENT OF INFORMATION TECHNOLOGY COMMISSION. (a) Establishment.--There is established a commission to be known as the Information Technology Worker Shortage Commission. (b) Membership.-- (1) Composition.-- (A) In general.--The Commission shall be composed of 21 members, of which-- (i) 7 members shall be appointed by the President; (ii) 7 members shall be appointed by the Majority Leader of the Senate; and (iii) 7 members shall be appointed by the Speaker of the House of Representatives. (B) Governmental representatives.--Of the members appointed under this subsection-- (i) 1 member shall be an officer or employee of the Department of Labor, who shall be appointed by the President; (ii) 1 member shall be an officer or employee of the Department of Education, who shall be appointed by the President; and (iii) 2 members shall be representatives of the governments of States and political subdivisions thereof. (C) Educators.--Of the members appointed under this subsection, 6 shall be educators who are selected from among elementary, secondary, vocational, and postsecondary educators. (D) Business representatives.--Of the members appointed under this subsection, at least 4 shall be individuals who are employed in information technology business entities of a size that is small or average for that type of business entity (as determined by the appropriate appointing authority under this subsection). (2) Date.--The appointments of the members of the Commission shall be made by the later of-- (A) September 1, 1997; or (B) the date that is 30 days after the date of enactment of this Act. (c) Period of Appointment; Vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Initial Meeting.--No later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (e) Meetings.--The Commission shall meet at the call of the Chairperson. (f) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (g) Chairperson and Vice Chairperson.--The Commission shall select a chairperson and vice chairperson from among its members. SEC. 5. DUTIES OF THE COMMISSION. (a) Study.-- (1) In general.--The Commission shall conduct a thorough study of all matters relating to the shortage of information technology workers in the United States. (2) Matters studied.--The matters studied by the Commission shall include an examination of-- (A) the causes of the shortage of information technology workers in the United States; (B) possible solutions to address the shortage referred to in subparagraph (A); and (C) the relative efficacy of programs in the United States and foreign countries to provide for an increase in the number of information technology workers, with special emphasis on programs that provide for secondary education or postsecondary education in a program other than a 4-year baccalaureate program (including associate degree programs and graduate degree programs). (3) Public hearings.--As part of the study conducted under this subsection, the Commission shall hold public hearings in each region of the United States concerning the issues referred to in subparagraphs (A) and (B) of paragraph (2). (4) Existing information.--To the extent practicable, in carrying out the study under this subsection, the Commission shall identify and use existing information related to the issues referred to in subparagraphs (A) and (B) of paragraph (2). (5) Consultation with chief information officers council.-- In carrying out the study under this subsection, the Commission shall consult with the Chief Information Officers Council established under Executive Order No. 13011. (b) Report.--Not later than July 1, 1998, the Commission shall submit a report to the President and the Congress which shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislation and administrative actions as it considers appropriate. (c) Facilitation of Exchange of Information.--In carrying out the study under subsection (a), the Commission shall, to the extent practicable, facilitate the exchange of information concerning the issues that are the subject of the study among-- (1) officials of the Federal Government and the governments of States and political subdivisions thereof; and (2) educators from Federal, State, and local institutions of higher education and secondary schools. SEC. 6. POWERS OF THE COMMISSION. (a) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out the purposes of this Act. (b) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this Act. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. (c) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (d) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. SEC. 7. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--Except as provided in subsection (b), each member of the Commission who is not an officer or employee of the Federal Government shall serve without compensation. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (c) Staff.-- (1) In general.--The Chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation.--The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (d) Detail of Government Employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. SEC. 8. TERMINATION OF THE COMMISSION. The Commission shall terminate on the date that is 90 days after the date on which the Commission submits its report under section 5(b). SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated $750,000 for fiscal year 1998 to the Commission to carry out the purposes of this Act. (b) Availability.--Any sums appropriated under the authorization contained in this section shall remain available, without fiscal year limitation, until expended.

Information Technology Worker Shortage Commission Act - Establishes the Information Technology Worker Shortage Commission to conduct a thorough study of all matters relating to the shortage of information technology workers in the United States. Authorizes appropriations.

Information Technology Worker Shortage Commission Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Natural Gas and Other Petroleum Research, Development, and Demonstration Act of 2001''. SEC. 2. DEFINITIONS. For purposes of this Act-- (1) the term ``deepwater'' means water depths greater than 200 meters but less than 1,500 meters; (2) the term ``Fund'' means the Ultra-Deepwater and Unconventional Gas Research Fund established under section 10; (3) the term ``institution of higher education'' has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); (4) the term ``Research Organization'' means the Research Organization created pursuant to section 6(a); (5) the term ``ultra-deepwater'' means water depths greater than 1,500 meters; and (6) the term ``unconventional'' means located in heretofore inaccessible or uneconomic formations on land. SEC. 3. ULTRA-DEEPWATER PROGRAM. The Secretary shall establish a program of research, development, and demonstration of ultra-deepwater natural gas and other petroleum exploration and production technologies, in areas currently available for Outer Continental Shelf leasing. The program shall be carried out by the Research Organization as provided in this Act. SEC. 4. NATIONAL ENERGY TECHNOLOGY LABORATORY. The National Energy Technology Laboratory and the United States Geological Survey, when appropriate, shall carry out programs of long- term research into new natural gas and other petroleum exploration and production technologies and environmental mitigation technologies for production from unconventional and ultra-deepwater resources, including methane hydrates. Such Laboratory shall also conduct a program of research, development, and demonstration of new technologies for the reduction of greenhouse gas emissions from unconventional and ultra- deepwater natural gas or other petroleum exploration and production activities, including sub-sea floor carbon sequestration technologies. SEC. 5. ADVISORY COMMITTEE. (a) Establishment.--The Secretary shall, within 3 months after the date of the enactment of this Act, establish an Advisory Committee consisting of 7 members, each having extensive operational knowledge of and experience in the natural gas and other petroleum exploration and production industry who are not Federal Government employees or contractors. A minimum of 4 members shall have extensive knowledge of ultra-deepwater natural gas or other petroleum exploration and production technologies, a minimum of 2 members shall have extensive knowledge of unconventional natural gas or other petroleum exploration and production technologies, and at least 1 member shall have extensive knowledge of greenhouse gas emission reduction technologies, including carbon sequestration. (b) Function.--The Advisory Committee shall advise the Secretary on the selection of an organization to create the Research Organization and on the implementation of this Act. (c) Compensation.--Members of the Advisory Committee shall serve without compensation but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (d) Administrative Costs.--The costs of activities carried out by the Secretary and the Advisory Committee under this Act shall be paid or reimbursed from the Fund. (e) Duration of Advisory Committee.--Section 14 of the Federal Advisory Committee Act shall not apply to the Advisory Committee. SEC. 6. RESEARCH ORGANIZATION. (a) Selection of Research Organization.--The Secretary, within 6 months after the date of the enactment of this Act, shall solicit proposals from eligible entities for the creation of the Research Organization, and within 3 months after such solicitation, shall select an entity to create the Research Organization. (b) Eligible Entities.--Entities eligible to create the Research Organization shall-- (1) have been in existence as of the date of the enactment of this Act; (2) be entities exempt from tax under section 501(c)(3) of the Internal Revenue Code of 1986; and (3) be experienced in planning and managing programs in natural gas or other petroleum exploration and production research, development, and demonstration. (c) Proposals.--A proposal from an entity seeking to create the Research Organization shall include a detailed description of the proposed membership and structure of the Research Organization. (d) Functions.--The Research Organization shall-- (1) award grants on a competitive basis to qualified-- (A) research institutions; (B) institutions of higher education; (C) companies; and (D) consortia formed among institutions and companies described in subparagraphs (A) through (C) for the purpose of conducting research, development, and demonstration of unconventional and ultra-deepwater natural gas or other petroleum exploration and production technologies; and (2) review activities under those grants to ensure that they comply with the requirements of this Act and serve the purposes for which the grant was made. SEC. 7. GRANTS. (a) Types of Grants.-- (1) Unconventional.--The Research Organization shall award grants for research, development, and demonstration of technologies to maximize the value of the Government's natural gas and other petroleum resources in unconventional reservoirs, and to develop technologies to increase the supply of natural gas and other petroleum resources by lowering the cost and improving the efficiency of exploration and production of unconventional reservoirs, while improving safety and minimizing environmental impacts. (2) Ultra-deepwater.--The Research Organization shall award grants for research, development, and demonstration of natural gas or other petroleum exploration and production technologies to-- (A) maximize the value of the Federal Government's natural gas and other petroleum resources in the ultra- deepwater areas; (B) increase the supply of natural gas and other petroleum resources by lowering the cost and improving the efficiency of exploration and production of ultra- deepwater reservoirs; and (C) improve safety and minimize the environmental impacts of ultra-deepwater developments. (3) Ultra-deepwater architecture.--The Research Organization shall award a grant to one or more consortia described in section 6(d)(1)(D) for the purpose of developing and demonstrating the next generation architecture for ultra- deepwater production of natural gas and other petroleum in furtherance of the purposes stated in paragraph (2)(A) through (C). (b) Conditions for Grants.--Grants provided under this section shall contain the following conditions: (1) If the grant recipient consists of more than one entity, the recipient shall provide a signed contract agreed to by all participating members clearly defining all rights to intellectual property for existing technology and for future inventions conceived and developed using funds provided under the grant, in a manner that is consistent with applicable laws. (2) There shall be a repayment schedule for Federal dollars provided for demonstration projects under the grant in the event of a successful commercialization of the demonstrated technology. Such repayment schedule shall provide that the payments are made to the Secretary with the express intent that these payments not impede the adoption of the demonstrated technology in the marketplace. In the event that such impedance occurs due to market forces or other factors, the Research Organization shall renegotiate the grant agreement so that the acceptance of the technology in the marketplace is enabled. (3) Applications for grants for demonstration projects shall clearly state the intended commercial applications of the technology demonstrated. (4) The total amount of funds made available under a grant provided under subsection (a)(3) shall not exceed 50 percent of the total cost of the activities for which the grant is provided. (5) The total amount of funds made available under a grant provided under subsection (a)(1) or (2) shall not exceed 50 percent of the total cost of the activities covered by the grant, except that the Research Organization may elect to provide grants covering a higher percentage, not to exceed 90 percent, of total project costs in the case of grants made solely to independent producers. (6) An appropriate amount of funds provided under a grant shall be used for the broad dissemination of technologies developed under the grant to interested institutions of higher education, industry, and appropriate Federal and State technology entities to ensure the greatest possible benefits for the public and use of government resources. (7) Demonstrations of ultra-deepwater technologies for which funds are provided under a grant may be conducted in ultra-deepwater or deepwater locations. (c) Allocation of Funds.--Funds available for grants under this Act shall be allocated as follows: (1) 15 percent shall be for grants under subsection (a)(1). (2) 15 percent shall be for grants under subsection (a)(2). (3) 60 percent shall be for grants under subsection (a)(3). (4) 10 percent shall be for carrying out section 4. SEC. 8. PLAN AND FUNDING. (a) Transmittal to Secretary.--The Research Organization shall transmit to the Secretary an annual plan proposing projects and funding of activities under each paragraph of section 7(a). (b) Review.--The Secretary shall have 1 month to review the annual plan, and shall approve the plan, if it is consistent with this Act. If the Secretary approves the plan, the Secretary shall provide funding as proposed in the plan. (c) Disapproval.--If the Secretary does not approve the plan, the Secretary shall notify the Research Organization of the reasons for disapproval and shall withhold funding until a new plan is submitted which the Secretary approves. Within 1 month after notifying the Research Organization of a disapproval, the Secretary shall notify the appropriate congressional committees of the disapproval. SEC. 9. AUDIT. The Secretary shall retain an independent, commercial auditor to determine the extent to which the funds authorized by this Act have been expended in a manner consistent with the purposes of this Act. The auditor shall transmit a report annually to the Secretary, who shall transmit the report to the appropriate congressional committees, along with a plan to remedy any deficiencies cited in the report. SEC. 10. FUND. (a) Establishment.--There is established in the Treasury of the United States a fund to be known as the ``Ultra-Deepwater and Unconventional Gas Research Fund'' which shall be available for obligation to the extent provided in advance in appropriations Acts for allocation under section 7(c). (b) Funding Sources.-- (1) Loans from treasury.--There are authorized to be appropriated to the Secretary $900,000,000 for the period encompassing fiscal years 2002 through 2009. Such amounts shall be deposited by the Secretary in the Fund, and shall be considered loans from the Treasury. Income received by the United States in connection with any ultra-deepwater oil and gas leases shall be deposited in the Treasury and considered as repayment for the loans under this paragraph. (2) Additional appropriations.--There are authorized to be appropriated to the Secretary such sums as may be necessary for the fiscal years 2002 through 2009, to be deposited in the Fund. (3) Oil and gas lease income.--To the extent provided in advance in appropriations Acts, not more than 7.5 percent of the income of the United States from Federal oil and gas leases may be deposited in the Fund for fiscal years 2002 through 2009. SEC. 11. SUNSET. No funds are authorized to be appropriated for carrying out this Act after fiscal year 2009. The Research Organization shall be terminated when it has expended all funds made available pursuant to this Act.

Natural Gas and Other Petroleum Research, Development, and Demonstration Act of 2001 - Instructs the Secretary of Energy to establish, in areas currently available for Outer Continental Shelf leasing, a research, development, and demonstration program, implemented by the Research Organization (created by this Act), relating to ultra-deepwater natural gas and other petroleum exploration and production technologies.Directs the National Energy Technology Laboratory to: (1) implement long-term research programs into new natural gas and other petroleum exploration and production technologies and environmental mitigation technologies for production from unconventional and ultra-deepwater resources, including methane hydrates; and (2) conduct a research, development, and demonstration program of new technologies for the reduction of greenhouse gas emissions from unconventional and ultra-deepwater natural gas, or other petroleum exploration and production activities, including sub-sea floor carbon sequestration technologies.Directs the Secretary to establish an Advisory Committee to advise on selection of an organization to create the Research Organization. Prescribes a selection procedure.Requires the Research Organization to award research, development, and demonstration grants according to specified requirements.Establishes in the Treasury the Ultra-Deepwater and Unconventional Gas Research Fund funded with Federal appropriations which shall be considered loans from the Treasury.

To establish a mechanism for funding research, development, and demonstration activities relating to ultra-deepwater and unconventional natural gas and other petroleum exploration and production technologies, and for other purposes.

SECTION 1. JURISDICTION OF THE COMMODITY FUTURES TRADING COMMISSION OVER ENERGY TRADING MARKETS. (a) Repeal of Definition of Exempt Commodity.--Section 1a of the Commodity Exchange Act (7 U.S.C. 1a) is amended by striking paragraph (14) and inserting the following: ``(14) [Repealed.]''. (b) FERC Liaison.--Section 2(a)(8) of the Commodity Exchange Act (7 U.S.C. 2(a)(8)) is amended by adding at the end the following: ``(C) FERC liaison.--The Commission shall, in cooperation with the Federal Energy Regulatory Commission, maintain a liaison between the Commission and the Federal Energy Regulatory Commission.''. (c) Exempt Transactions.--Section 2 of the Commodity Exchange Act (7 U.S.C. 2) is amended by striking subsection (g) and inserting the following: ``(g) Exempt Transactions.-- ``(1) Applicability.-- ``(A) In general.--Except as provided in subparagraph (B), this Act shall not apply to any agreement, contract, or transaction in a commodity other than an agricultural commodity if the agreement, contract, or transaction-- ``(i) is between persons that are eligible contract participants at the time at which the agreement, contract, or transaction is entered into; ``(ii) is subject to individual negotiation by the parties to the agreement, contract, or transaction; and ``(iii) is not executed or traded on a trading facility. ``(B) Exceptions.--An agreement, contract, or transaction described in subparagraph (A) shall be subject to-- ``(i) sections 4b, 4c(b), 4o, and 5b; ``(ii) subsections (c) and (d) of section 6, 6c, 6d, and 8a, to the extent that those provisions-- ``(I) provide for the enforcement of the requirements specified in this paragraph and paragraphs (2), (3), and (4); and ``(II) prohibit the manipulation of the market price of any commodity in interstate commerce or for future delivery on or subject to the rules of any contract market; ``(iii) sections 6c, 6d, 8a, and 9(a)(2), to the extent that those provisions prohibit the manipulation of the market price of any commodity in interstate commerce or for future delivery on or subject to the rules of any contract market; ``(iv) section 12(e)(2); and ``(v) section 22(a)(4). ``(2) Eligible trading facilities and systems.-- ``(A) In general.--A person or group of persons that constitutes, maintains, administers, or provides a physical or electronic facility or system in which a person has the ability to offer, execute, trade, or confirm the execution of an agreement, contract, or transaction by making or accepting the bids and offers of all other participants on the facility or system (including facilities or systems described in clauses (i) and (iii) of section 1a(33)(B)), may offer to enter into, enter into, or confirm the execution of any agreement, contract, or transaction under paragraph (1) if the person or group of persons meets the requirement of subparagraph (B). ``(B) Requirement.--The requirement of this subparagraph is that a person or group of persons described in subparagraph (A) shall-- ``(i) register with the Commission in any capacity that the Commission requires by rule, regulation, or order; ``(ii) file with the Commission any reports (including large trader position reports) that the Commission requires by rule, regulation, or order; ``(iii) maintain sufficient net capital, as determined by the Commission; and ``(iv)(I) maintain books and records consistent with section 4i; and ``(II) make those books and records available to representatives of the Commission and the Department of Justice for inspection at all times. ``(3) Reporting requirements.--An eligible contract participant that enters into an agreement, contract, or transaction exempt under paragraph (1) shall-- ``(A) file with the Commission any reports that the Commission may require by rule, regulation, or order; and ``(B)(i) maintain books and records consistent with section 4i; and ``(ii) make those books and records available to representatives of the Commission and the Department of Justice for inspection at all times. ``(4) Transactions exempted by commission action.--Any agreement, contract, or transaction under paragraph (1) that would otherwise be exempted by the Commission under section 4(c) shall be subject to-- ``(A) sections 4b, 4c(b), and 4o; and ``(B) subsections (c) and (d) of section 6, 6c, 6d, 8a, and 9(a)(2), to the extent that those provisions prohibit the manipulation of the market price of any commodity in interstate commerce or for future delivery on or subject to the rules of any contract market. ``(5) Effect.--This subsection does not affect the power of the Federal Energy Regulatory Commission to regulate transactions described in paragraph (1) under the Federal Power Act (16 U.S.C. 791a et seq.).''. (d) Repeal of Guidelines for Transactions in Exempt Commodities.-- Section 2 of the Commodity Exchange Act (7 U.S.C. 2) is amended-- (1) by striking subsection (h); and (2) by redesignating subsection (i) as subsection (i). (e) Contracts Designed to Defraud or Mislead.--Section 4b of the Commodity Exchange Act (7 U.S.C. 6b) is amended by striking subsection (a) and inserting the following: ``(a) Prohibition.--It shall be unlawful-- ``(1) for any member of a contract market, or for any correspondent, agent, or employee of any member, in or in connection with any order to make, or the making of, any contract of sale commodity in interstate commerce, made, or to be made on or subject to the rules of any contract market; or ``(2) for any person, in or in connection with any order to make, or the making of, any agreement, transaction, or contract in a commodity subject to the provisions of this Act-- ``(A) to cheat or defraud or attempt to cheat or defraud the other person; ``(B) willfully to make or cause to be made to the other person any false report or statement, or willfully to enter or cause to be entered for the other person any false record; ``(C) willfully to deceive or attempt to deceive the other person by any means in regard to any order or contract or the disposition or execution of the order or contract, or in regard to any act of agency performed with respect to the order or contract for the other person; or ``(D) to bucket the order, or to fill the order by offset against the order of any other person, or willfully, knowingly, and without the prior consent of the other person to become the buyer in respect to any selling order of the other person, or to become the seller in respect to any buying order of the other person.''. (f) Conforming Amendments.--The Commodity Exchange Act is amended-- (1) in section 2(e) (7 U.S.C. 2(e))-- (A) in paragraph (1), by striking ``, 2(g), or 2(h)(3)''; (B) in paragraph (2), by striking ``, or operating as an exempt board of trade''; (C) by striking paragraph (3); and (D) by redesignating paragraph (4) as paragraph (3); (2) in section 2(h) (7 U.S.C. 2(h)) (as redesignated by subsection (d)), by striking ``2(h) or''; (3) in section 4i (7 U.S.C. 6i)-- (A) by striking ``any contract market or'' and inserting ``any contract market,''; and (B) by inserting ``, or pursuant to an exemption under section 4(c)'' after ``transaction execution facility''; (4) in section 5a(g)(1) (7 U.S.C. 7a(g)(1)), by striking ``, or exempt under section 2(h) of this Act''; (5) in section 5b (7 U.S.C. 7a-1)-- (A) in subsection (a)(1), by striking ``2(h) or''; and (B) in subsection (b), by striking ``2(h) or''; and (6) in section 12(e)(2)(B) (7 U.S.C. 16(e)(2)(B)), by striking ``2(h) or''. SEC. 2. RECRUITMENT AND RETENTION OF QUALIFIED PERSONNEL AT THE FEDERAL ENERGY REGULATORY COMMISSION. Section 401(c) of the Department of Energy Organization Act (42 U.S.C. 7171(c)) is amended-- (1) by striking paragraph (2); (2) by redesignating paragraphs (1), (3), (4), and (5) as subparagraphs (A), (B), (C), and (D), respectively; (3) by striking ``(c) The Chairman'' and inserting the following: ``(c) Administration.-- ``(1) In general.--The Chairman''; and (4) by adding at the end the following: ``(2) Personnel matters.-- ``(A) In general.--The Chairman may-- ``(i) appoint, prescribe the duties, and fix the salaries of an executive director, a secretary, a chief engineer, a general counsel, a solicitor, and a chief accountant; and ``(ii) subject to the civil service laws-- ``(I) appoint any other officers and employees that are necessary in the execution of the duties of the Commission; and ``(II) fix the salaries of any officer or employee appointed under subclause (I). ``(B) Compensation.-- ``(i) In general.--Rates of basic pay for all employees of the Commission may be set and adjusted by the Chairman without regard to the provisions of chapter 51 or subchapter III of chapter 53 of title 5, United States Code. ``(ii) Additional compensation.--The Chairman may provide additional compensation and benefits to employees of the Commission if the same type and amounts of compensation or benefits are or are authorized to be provided by any other Federal agency under applicable provisions of law (including regulations). ``(iii) Comparability.--In setting and adjusting the total amount of compensation and benefits for employees under this paragraph, the Chairman shall consult with, and seek to maintain comparability with, other Federal agencies. ``(C) Early retirement.--The Chairman may offer early out retirement and voluntary separation incentive payments, as appropriate. ``(D) Recruitment.--The Chairman may use modified hiring delegation authorities to recruit for positions at all grade levels that are difficult to fill, including economists, engineers, accountants, auditors, and energy, market, and financial analysts. ``(E) Merit system principles.--This paragraph shall be administered consistent with merit system principles. ``(F) Consultation with OPM.--In carrying out this paragraph, the Chairman shall consult with the Director of the Office of Personnel Management.''. SEC. 3. JURISDICTION OF THE FEDERAL ENERGY REGULATORY COMMISSION OVER ENERGY TRADING MARKETS. Section 402 of the Department of Energy Organization Act (42 U.S.C. 7172) is amended by adding at the end the following: ``(i) Jurisdiction Over Derivatives Transactions.-- ``(1) Definitions.--In this subsection: ``(A) Derivatives transaction.-- ``(i) In general.--The term `derivatives transaction' means a transaction based on, or reflecting prices of or for, electric energy or natural gas. ``(ii) Inclusions.--The term `derivatives transaction' includes-- ``(I) futures; ``(II) options; ``(III) forwards; and ``(IV) swaps. ``(iii) Exclusions.--The term `derivatives transaction' does not include a derivatives transaction that is-- ``(I) under the exclusive jurisdiction of the Commodity Futures Trading Commission; or ``(II) concerns a retail sale of electric energy or natural gas and is under the exclusive jurisdiction of a State. ``(B) Person.--The term `person' has the meaning given the term in section 1a of the Commodity Exchange Act (7 U.S.C. 1a). ``(2) Jurisdiction.--The Commission shall have jurisdiction over-- ``(A) derivatives transactions; ``(B) any person that makes a derivatives transaction; and ``(C) any entity that operates an electronic forum in which persons make derivatives transactions. ``(3) Authorities and duties.-- ``(A) In general.--The authorities and duties of the Commission under this subsection with respect to derivatives transactions shall be the same as the authorities and duties of the Commission under-- ``(i) sections 205 and 206 and part III of the Federal Power Act (16 U.S.C. 824d, 824e, 825 et seq.); and ``(ii) sections 4 and 5 of the Natural Gas Act (15 U.S.C. 717c, 717d). ``(B) Meetings.--The Commission shall meet quarterly with the Commodity Futures Trading Commission, the Securities Exchange Commission, the Federal Trade Commission, and the Federal Reserve Board to discuss-- ``(i) conditions and events in energy trading markets; and ``(ii) any changes in Federal law (including regulations) that may be appropriate to regulate energy trading markets. ``(C) Report.--Not later than the date that is 1 year after the date of enactment of this subsection and annually thereafter, the Commission shall submit to Congress a report that describes the activities of the Commission relating to the regulation of derivatives under this subsection during the preceding year. ``(4) Rights and obligations.--Persons and entities regulated under this subsection shall have the same rights and obligations as persons regulated by the Commission under sections 205 and 206 and part III of the Federal Power Act (16 U.S.C. 824d, 824e, 825 et seq.). ``(5) Liaison.--The Commission shall, in cooperation with the Commodity Futures Trading Commission, maintain a liaison between the Commission and the Commodity Futures Trading Commission. ``(6) Rates.--It shall be unlawful to make, demand, or receive rates and charges for or in connection with derivatives transactions that are unjust, unreasonable, discriminatory, or preferential.''.

Amends the Commodity Exchange Act to repeal: (1) the definition of "exempt commodity"; and (2) the guidelines governing transactions in exempt commodities (thus subjecting to CFTC regulatory oversight formerly exempt commodity transactions).Directs the Commodity Futures Trading Commission (CFTC) to maintain a liaison with the Federal Energy Regulatory Commission (FERC).Subjects formerly exempt swap transactions to: (1) CFTC enforcement jurisdiction; and (2) CFTC proscriptions against manipulation of commodity market prices.Requires eligible trading facilities and systems to comply with CFTC regulations pertaining to: registration, reporting, recordkeeping, and net capital reserves.Expands the prohibition against fraudulent or misleading contracts to include any member of a contract market (currently any member of a registered entity).Amends the Department of Energy Organization Act with respect to the recruitment and retention of qualified personnel at FERC. Grants FERC jurisdiction over: (1) energy trading markets; (2) derivatives transactions reflecting electric energy or natural gas prices (including futures, options, forwards and swaps); (3) any person that makes a derivatives transaction; and (4) any operator of an electronic forum in which derivatives transaction are made.

A bill to provide regulatory oversight over energy trading markets, and for other purposes.

SECTION 1. THE TENNESSEE VALLEY AUTHORITY AS AN ESTABLISHMENT UNDER THE INSPECTOR GENERAL ACT OF 1978. (a) Findings.--Congress finds that-- (1) Inspectors General serve an important function in preventing and eliminating fraud, waste, and abuse in the Federal Government; and (2) independence is vital for an Inspector General to function effectively. (b) Establishment of Inspector General.--The Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (1) in section 8G(a)(2) by striking ``the Tennessee Valley Authority,''; and (2) in section 11-- (A) in paragraph (1) by striking ``or the Commissioner of Social Security, Social Security Administration;'' and inserting ``the Commissioner of Social Security, Social Security Administration; or the Board of Directors of the Tennessee Valley Authority;''; and (B) in paragraph (2) by striking ``or the Social Security Administration;'' and inserting ``the Social Security Administration, or the Tennessee Valley Authority;''. (c) Executive Schedule Position.--Section 5315 of title 5, United States Code, is amended by inserting after the item relating to the Inspector General of the Small Business Administration the following: ``Inspector General, Tennessee Valley Authority.''. (d) Effective Date and Application.-- (1) In general.--The amendments made by this section shall take effect 30 days after the date of enactment of this Act. (2) Inspector general.--The person serving as Inspector General of the Tennessee Valley Authority on the effective date of this section-- (A) may continue such service until the President makes an appointment under section 3(a) of the Inspector General Act of 1978 (5 U.S.C. App.) consistent with the amendments made by this section; and (B) shall be subject to section 8G (c) and (d) of the Inspector General Act of 1978 (5 U.S.C. App.) as applicable to the Board of Directors of the Tennessee Valley Authority, unless that person is appointed by the President, by and with the advice and consent of the Senate, to be Inspector General of the Tennessee Valley Authority. SEC. 2. ESTABLISHMENT OF INSPECTORS GENERAL CRIMINAL INVESTIGATOR ACADEMY AND INSPECTORS GENERAL FORENSIC LABORATORY. (a) Inspectors General Criminal Investigator Academy.-- (1) Establishment.--There is established the Criminal Investigator Academy within the Department of the Treasury. The Criminal Investigator Academy is established for the purpose of performing investigator training services for offices of inspectors general created under the Inspector General Act of 1978 (5 U.S.C. App.). (2) Executive director.--The Criminal Investigator Academy shall be administered by an Executive Director who shall report to an inspector general for an establishment as defined in section 11 of the Inspector General Act of 1978 (5 U.S.C. App.)-- (A) designated by the President's Council on Integrity and Efficiency; or (B) if that council is eliminated, by a majority vote of the inspectors general created under the Inspector General Act of 1978 (5 U.S.C. App.). (b) Inspectors General Forensic Laboratory.-- (1) Establishment.--There is established the Inspectors General Forensic Laboratory within the Department of the Treasury. The Inspectors General Forensic Laboratory is established for the purpose of performing forensic services for offices of inspectors general created under the Inspector General Act of 1978 (5 U.S.C. App.). (2) Executive director.--The Inspectors General Forensic Laboratory shall be administered by an Executive Director who shall report to an inspector general for an establishment as defined in section 11 of the Inspector General Act of 1978 (5 U.S.C. App.)-- (A) designated by the President's Council on Integrity and Efficiency; or (B) if that council is eliminated, by a majority vote of the inspectors general created under the Inspector General Act of 1978 (5 U.S.C. App.). (c) Separate Appropriations Account.--Section 1105(a) of title 31, United States Code, is amended by adding at the end the following: ``(33) a separate appropriation account for appropriations for the Inspectors General Criminal Investigator Academy and the Inspectors General Forensic Laboratory of the Department of the Treasury.''. (d) Authorization of Appropriations.--There are authorized to carry out this section such sums as may be necessary for fiscal year 2001 and each fiscal year thereafter. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Amends Federal employee provisions to include the Inspector General of the TVA within the Executive Schedule pay series. Outlines transition provisions for such Inspector General. Establishes within the Treasury the: (1) Criminal Investigator Academy to perform investigator training services for offices of inspectors general created under the Act; and (2) Inspectors General Forensic Laboratory for performing forensic services for such offices. Requires each entity to be administered by an executive director who reports to the inspector general for an establishment designated by the President's Council on Integrity and Efficiency or, if the Council is eliminated, by a majority vote of the inspectors general. Requires a separate appropriations account for appropriations to such entities. Authorizes appropriations.

A bill to amend the Inspector General Act of 1978 (5 U.S.C. App.) to provide that certain designated Federal entities shall be establishments under such Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare, Medicaid, and MCH Tobacco Cessation Promotion Act of 2001''. SEC. 2. MEDICARE COVERAGE OF COUNSELING FOR CESSATION OF TOBACCO USE. (a) Coverage.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)), as amended by section 105(a) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (as enacted into law by section 1(a)(6) of Public Law 106-554), is amended-- (1) in subparagraph (U), by striking ``and'' at the end; (2) in subparagraph (V), by inserting ``and'' at the end; and (3) by adding at the end the following new subparagraph: ``(W) counseling for cessation of tobacco use (as defined in subsection (ww));''. (b) Services Described.--Section 1861 of the Social Security Act (42 U.S.C. 1395x), as amended by section 105(b) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (as enacted into law by section 1(a)(6) of Public Law 106-554), is amended by adding at the end the following new subsection: ``Counseling for Cessation of Tobacco Use ``(ww) The term `counseling for cessation of tobacco use' means the following: ``(1)(A) Counseling for cessation of tobacco use for individuals who have a history of tobacco use. ``(B) For purposes of subparagraph (A), the term `counseling for cessation of tobacco use' means diagnostic, therapy, and counseling services for cessation of tobacco use which are furnished-- ``(i) by or under the supervision of a physician; or ``(ii) by any other health care professional who is legally authorized to furnish such services under State law (or the State regulatory mechanism provided by State law) of the State in which the services are furnished, as would otherwise be covered if furnished by a physician or as an incident to a physician's professional service. ``(C) The term `counseling for cessation of tobacco use' does not include coverage for drugs or biologicals that are not otherwise covered under this title.''. (c) Payment and Elimination of Cost-Sharing for Counseling for Cessation of Tobacco Use.-- (1) Payment and elimination of coinsurance.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)), as amended by section 223(c) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (as enacted into law by section 1(a)(6) of Public Law 106-554), is amended-- (A) by striking ``and'' before ``(U)''; and (B) by inserting before the semicolon at the end the following: ``, and (V) with respect to counseling for cessation of tobacco use (as defined in section 1861(ww)), the amount paid shall be 100 percent of the lesser of the actual charge for the service or the amount determined by a fee schedule established by the Secretary for each service''. (2) Elimination of coinsurance in outpatient hospital settings.--The third sentence of section 1866(a)(2)(A) of the Social Security Act (42 U.S.C. 1395cc(a)(2)(A)) is amended by inserting after ``1861(s)(10)(A)'' the following: ``, with respect to counseling for cessation of tobacco use (as defined in section 1861(ww)),''. (3) Elimination of deductible.--The first sentence of section 1833(b) of the Social Security Act (42 U.S.C. 1395l(b)) is amended-- (A) by striking ``and'' before ``(6)''; and (B) by inserting before the period the following: ``, and (7) such deductible shall not apply with respect to counseling for cessation of tobacco use (as defined in section 1861(ww))''. (d) Effective Date.--The amendments made by this section shall apply to services furnished on or after the date that is 1 year after the date of enactment of this Act. SEC. 3. PROMOTING CESSATION OF TOBACCO USE UNDER THE MEDICAID PROGRAM. (a) Dropping Exception From Medicaid Prescription Drug Coverage for Tobacco Cessation Medications.--Section 1927(d)(2) of the Social Security Act (42 U.S.C. 1396r-8(d)(2)) is amended-- (1) by striking subparagraph (E); (2) by redesignating subparagraphs (F) through (J) as subparagraphs (E) through (I), respectively; and (3) in subparagraph (F) (as redesignated by paragraph (2)), by inserting before the period at the end the following: ``except agents approved by the Food and Drug Administration for purposes of promoting, and when used to promote, tobacco cessation''. (b) Requiring Coverage of Tobacco Cessation Counseling Services for Pregnant Women.--Section 1902(e)(5) of the Social Security Act (42 U.S.C. 1396a(e)(5)) is amended by adding at the end the following new sentence: ``Such medical assistance shall include counseling for cessation of tobacco use (as defined in section 1861(ww)).''. (c) Removal of Cost-Sharing for Tobacco Cessation Counseling Services for Pregnant Women.--Section 1916 of the Social Security Act (42 U.S.C. 1396o) is amended, in each of subsections (a)(2)(B) and (b)(2)(B), by inserting ``, and counseling for cessation of tobacco use (as defined in section 1861(ww))'' after ``complicate the pregnancy''. (d) Effective Date.--The amendments made by this section shall apply to services furnished on or after the date that is 1 year after the date of enactment of this Act. SEC. 4. PROMOTING CESSATION OF TOBACCO USE UNDER THE MATERNAL AND CHILD HEALTH SERVICES BLOCK GRANT PROGRAM. (a) Quality Maternal and Child Health Services Includes Tobacco Cessation Counseling and Medications.--Section 501 of the Social Security Act (42 U.S.C. 701) is amended by adding at the end the following new subsection: ``(c) For purposes of this title, the term `maternal and child health services' includes counseling for cessation of tobacco use (as defined in section 1861(ww)), any drug or biological used to promote tobacco cessation, and any health promotion counseling that includes an antitobacco use message.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date that is 1 year after the date of enactment of this Act.

Medicare, Medicaid, and MCH Tobacco Cessation Promotion Act of 2001 - Amends titles V (Maternal and Child Health Services), XVIII (Medicare), and XIX (Medicaid) of the Social Security Act to provide for coverage of counseling for cessation of tobacco use under the Maternal and Child Health Services, Medicare, and Medicaid programs.

A bill to amend titles V, XVIII, and XIX of the Social Security Act to promote tobacco cessation under the medicare program, the medicaid program, and maternal and child health services block grant program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Loan Payment Optimization Act''. SEC. 2. APPLICATION OF PREPAYMENT AND UNDERPAYMENT AMOUNTS FOR FFEL AND DIRECT LOANS. (a) In General.--Section 455(d) of the Higher Education Act of 1965 (20 U.S.C. 1087e(d)) is amended by adding at the end the following new paragraph: ``(6) Application of prepayment and underpayment amounts.-- ``(A) Prepayment amounts.--Notwithstanding any other provision of this subsection or any other provision of law, with respect to loans made to an eligible borrower under this part or part B which are held by the same holder and which have different applicable rates of interest, the holder of such loans shall apply the borrower's prepayment amount (within the meaning of section 682.209(b) of title 34, Code of Federal Regulations, or a successor regulation) for one or more of such loans-- ``(i) first toward any outstanding balance of fees, including collection costs and authorized late charges, due on such loans; and ``(ii) then, except as otherwise requested by the borrower in writing, toward the outstanding balance of principal due on the loan with the highest applicable rate of interest among such loans. ``(B) Underpayment amounts.--Notwithstanding any other provision of this subsection or any other provision of law, with respect to loans made to an eligible borrower under this part or part B which are held by the same holder and which have different applicable rates of interest, the holder of such loans shall apply any payment made by the borrower which is less than the amount due at the time of the payment for one or more of such loans-- ``(i) first toward any outstanding balance of fees, including collection costs and authorized late charges, due on such loans; and ``(ii) then, except as otherwise requested by the borrower in writing, toward the balance of the loan with the smallest balance of principal and interest among such loans. ``(C) Special rule for borrowers under income-based repayment plan.--In the case of a loan for which the borrower has elected to participate in an income-based repayment plan under section 493C, subparagraphs (A) and (B) shall not apply unless there is no interest due on the loan.''. (b) Requirements for Contracts With Servicers of Loans.--Section 456(a)(2) of such Act (20 U.S.C. 1087f(a)(2)) is amended by striking the period at the end of the first sentence and inserting the following: ``, including the requirements with respect to the application of prepayment and underpayment amounts under section 455(d)(6).''. SEC. 3. APPLICATION OF PREPAYMENT AND UNDERPAYMENT AMOUNTS FOR PERKINS LOANS. (a) In General.--Section 464(c)(1)(C) of the Higher Education Act of 1965 (20 U.S.C. 1087dd(c)(1)(C)) is amended-- (1) by striking ``and'' at the end of clause (i); and (2) by adding at the end the following: ``(iii) shall provide that the institution shall, in the case of a borrower who provides the institution with a prepayment amount (within the meaning of section 682.209(b) of title 34, Code of Federal Regulations, or a successor regulation) for one or more of the loans held by the institution, apply such prepayment amount-- ``(I) first toward any outstanding balance of fees, including collection costs and authorized late charges, due on such loans; and ``(II) then, except as otherwise requested by the borrower in writing, toward the outstanding balance of principal due on the loan with the highest applicable rate of interest among such loans; and ``(iv) shall provide that the institution shall apply any payment made by the borrower which is less than the amount due for a repayment period for one or more of the loans held by the institution-- ``(I) first toward any outstanding balance of fees, including collection costs and authorized late charges, due on such loans; and ``(II) then, except as otherwise requested by the borrower in writing, toward the balance of the loan with the smallest balance of principal and interest among such loans;''. (b) Agreements With Institutions.--Section 463(a) of such Act (20 U.S.C. 1087cc(a)) is amended-- (1) by striking ``and'' at the end of paragraph (8); (2) by redesignating paragraph (9) as paragraph (10); and (3) by inserting after paragraph (8) the following new paragraph: ``(9) provide assurances that the institution will meet the requirements with respect to the application of prepayment and underpayment amounts under section 464(c)(1)(C); and''. SEC. 4. APPLICATION OF PREPAYMENT AND UNDERPAYMENT AMOUNTS FOR PRIVATE EDUCATION LOANS. Section 128(e) of the Truth in Lending Act (15 U.S.C. 1638(e)) is amended by adding at the end the following: ``(12) Application of prepayment and underpayment amounts.-- ``(A) Prepayment amounts.--Notwithstanding any other provision of law, with respect to a borrower with one or more private education loans which are held by the same holder and which have different applicable rates of interest, the holder of such loans shall apply the borrower's prepayment amount (within the meaning of section 682.209(b) of title 34, Code of Federal Regulations, or a successor regulation) for one or more of such loans-- ``(i) first toward any outstanding balance of fees, including collection costs and authorized late charges, due on any private education loan held by such holder; and ``(ii) then, except as otherwise requested by the borrower in writing, toward the outstanding balance of principal due on the loan with the highest applicable rate of interest among such loans. ``(B) Underpayment amounts.--Notwithstanding any other provision of law, with respect to a borrower with one or more private education loans which are held by the same holder and which have different applicable rates of interest, the holder of such loans shall apply any payment made by the borrower which is less than the amount due at the time of the payment for one or more of such loans-- ``(i) first toward any outstanding balance of fees, including collection costs and authorized late charges, due on any private education loans held by such holder; and ``(ii) then, except as otherwise requested by the borrower in writing, toward the balance of the loan with the smallest balance of principal and interest among such loans.''.

Student Loan Payment Optimization Act This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 and the Truth in Lending Act to establish rules that lenders must follow regarding the overpayment and underpayment of student loan payments for borrowers with one or more loans that are grouped together. These rules are applicable to the Federal Family Education Loan and the William D. Ford Federal Direct Loan programs, except for income-based repayment plans, and federal Perkins Loans. The bill requires lenders to apply payments that are more than the monthly payment amount towards any outstanding fees owed and then towards the principal due on the loan that bears the highest interest rate. In addition, lenders must apply payments that are less than the monthly payment amount towards any outstanding fees owed and then towards the loan with the smallest balance of principal and interest combined unless the borrower requests otherwise.

Student Loan Payment Optimization Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stripper Well Operators Preservation Act of 1993''. SEC. 2. INCREASED PERCENTAGE DEPLETION FOR OIL AND NATURAL GAS PRODUCED FROM STRIPPER WELL PROPERTIES. (a) In General.--Subparagraph (C) of section 613A(c)(6) of the Internal Revenue Code of 1986 (relating to oil and natural gas from marginal properties) is amended-- (1) by striking ``25 percent'' and inserting ``28.5 percent'', (2) by striking ``15 percent'' and inserting ``20 percent'', and (3) by striking ``$20'' and inserting ``$28''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 3. NET INCOME LIMITATION ON PERCENTAGE DEPLETION REPEALED FOR STRIPPER WELL PROPERTIES. (a) In General.--Section 613(a) of the Internal Revenue Code of 1986 (relating to percentage depletion) is amended by striking the second sentence and inserting: ``Except in the case of stripper well properties as defined in section 613A(c)(6)(E) for which depletion is computed in accordance with section 613A(c)(6), such allowance shall not exceed 50 percent (100 percent in the case of oil and gas properties other than stripper well properties as defined in section 613a(c)(6)(E) for which depletion is computed in accordance with section 613A(c)(6)) of the taxpayer's taxable income from the property (computed without allowance for depletion).'' (b) Conforming Amendment.--Section 613A(c)(7) of such Code (relating to special rules) is amended by striking subparagraph (C) and redesignating subparagraph (D) as subparagraph (C). (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of enactment of this Act. SEC. 4. EXPANSION OF ENHANCED OIL RECOVERY CREDIT. (a) In General.--Section 43(a) of the Internal Revenue Code of 1986 (relating to enhanced oil recovery credit) is amended to read as follows: ``(a) General Rule.--For purposes of section 38, the enhanced oil recovery credit for any taxable year is an amount equal to-- ``(1) 15 percent of the taxpayer's qualified enhanced oil recovery costs for such taxable year, plus ``(2) in the case of a taxpayer (other than an integrated oil company as defined in section 291(b)(4)), 15 percent of the taxpayer's stripper well production costs for such taxable year.''. (b) Stripper Well Production Costs, Etc.--Section 43(c) of such Code (defining qualified enhanced oil recovery costs) is amended by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively, and by inserting after paragraph (2) the following new paragraph: ``(3) Stripper well production costs.-- ``(A) In general.--The term `Stripper Well Production costs' means any of the following: ``(i) Any amount paid or incurred during the taxable year for tangible property-- ``(I) which is an integral part of a qualified stripper well recovery project, and ``(II) with respect to which depreciation (or amortization in lieu of depreciation) is allowable under this chapter. ``(ii) Any intangible drilling and development costs-- ``(I) which are paid or incurred in connection with a qualified stripper well recovery project, and ``(II) with respect to which the taxpayer may make an election under section 263(c) of the taxable year. ``(B) Qualified stripper well recovery project.-- The term `qualified stripper well recovery project' means any project which-- ``(i) involves a stripper well property as defined in section 613A(c)(6)(E), ``(ii) involves the application (in accordance with sound engineering principles) of recovery methods approved by the Secretary for purposes of this section which can reasonably be expected to result in prolongation of the productive life of such stripper well property and in more than an insignificant increase in the amount of crude oil which will ultimately be recovered, and ``(iii) is located within the United States (within the meaning of section 638(1)). ``(C) Certification.--A project shall not be treated as a qualified stripper well recovery project unless the operator submits to the Secretary (at such times and in such manner as the Secretary provides) a certification that the project meets (and continues to meet) the requirement of subparagraph (B).''. (c) No Double Certification.--Section 43(c) of such Code, as amended by subsection (b), is amended by adding at the end thereof the following new paragraph: ``(6) Only 1 certification allowed.--For purposes of this section, the term `qualified enhanced oil recovery project' shall not include any project which is certified as a qualified advanced secondary recovery project under paragraph (3) and the term `qualified stripper well recovery project' shall not include any project which is certified as an enhanced oil recovery project under paragraph (2).''. (d) Conforming Amendments.-- (1) Paragraph (4) of section 43(c) of such Code, as redesignated, is amended by inserting ``and qualified stripper well recovery costs'' after ``qualified enhanced oil recovery costs''. (2) The heading for subsection (c) of section 43 of such Code is amended by inserting ``and Qualified Stripper Well Recovery Costs'' after ``Costs''. (e) Effective Date.--The amendments made by this section shall apply in the case of amounts paid or incurred in taxable years beginning after the date of enactment of this Act.

Stripper Well Operators Preservation Act of 1993 - Amends the Internal Revenue Code to increase the percentage depletion for stripper wells. Repeals the net income limitation on percentage depletion for oil and gas properties. Expands the enhanced oil recovery tax credit to apply to stripper well production costs.

Stripper Well Operators Preservation Act of 1993