SECTION 1. SHORT TITLE. This Act may be cited as the ``Long Island Sound Stewardship Act of 2004''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) Long Island Sound is a national treasure of great cultural, environmental, and ecological importance; (2) 8,000,000 people live within the Long Island Sound watershed and 28,000,000 people (approximately 10 percent of the population of the United States) live within 50 miles of Long Island Sound; (3) activities that depend on the environmental health of Long Island Sound contribute more than $5,000,000,000 each year to the regional economy; (4) the portion of the shoreline of Long Island Sound that is accessible to the general public (estimated at less than 20 percent of the total shoreline) is not adequate to serve the needs of the people living in the area; (5) existing shoreline facilities are in many cases overburdened and underfunded; (6) large parcels of open space already in public ownership are strained by the effort to balance the demand for recreation with the needs of sensitive natural resources; (7) approximately \1/3\ of the tidal marshes of Long Island Sound have been filled, and much of the remaining marshes have been ditched, dyked, or impounded, reducing the ecological value of the marshes; and (8) many of the remaining exemplary natural landscape is vulnerable to further development. (b) Purpose.--The purpose of this Act is to establish the Long Island Sound Stewardship System to preserve areas of critical importance because of the open space, public access, and ecological value of the areas. SEC. 3. DEFINITIONS. In this Act: (1) Committee.--The term ``Committee'' means the Long Island Sound Stewardship Coordinating Committee established by section 5(a). (2) Region.--The term ``Region'' means the Long Island Sound Stewardship System Region established by section 4(a). (3) States.--The term ``States'' means the States of Connecticut and New York. SEC. 4. LONG ISLAND SOUND STEWARDSHIP SYSTEM REGION. (a) Establishment.--There is established in the States the Long Island Sound Stewardship System Region. (b) Boundaries.--The Region shall encompass the immediate coastal upland and underwater areas along Long Island Sound, including those portions of the Sound with coastally influenced vegetation, as described on the map entitled the ``Long Island Sound Stewardship Region'' and dated April 21, 2004. SEC. 5. LONG ISLAND SOUND STEWARDSHIP COORDINATING COMMITTEE. (a) Establishment.--There is established a committee to be known as the ``Long Island Sound Stewardship Coordinating Committee''. (b) Chairperson.--The Chairperson of the Committee shall be the Director of the Long Island Sound Office of the Environmental Protection Agency, or designee. (c) Membership.-- (1) Composition.-- (A) In general.--The chairperson shall appoint the members of the Committee in accordance with this subsection and section 320(c) of the Federal Water Pollution Control Act (33 U.S.C. 1330(c)). (B) Representation.--The Committee shall-- (i) include equal representation of the interests of the States; and (ii) represent-- (I) Federal, State, and local government interests; (II) the interests of nongovernmental organizations; (III) academic interests; and (IV) private interests. (2) Date of appointments.--The appointment of a member of the Committee shall be made not later than 180 days after the date of enactment of this Act. (d) Term; Vacancies.-- (1) Term.--A member shall be appointed for the life of the Committee. (2) Vacancies.--A vacancy on the Committee-- (A) shall not affect the powers of the Committee; and (B) shall be filled in the same manner as the original appointment was made. (e) Initial Meeting.--Not later than 30 days after the date on which all members of the Committee have been appointed, the Committee shall hold the initial meeting of the Committee. (f) Meetings.--The Committee shall meet at the call of the Chairperson, but not less than 4 times each year. (g) Quorum.--A majority of the members of the Committee shall constitute a quorum, but a lesser number of members may hold hearings. SEC. 6. DUTIES OF THE COMMITTEE. The Committee shall-- (1) consistent with the guidelines described in section 9(c)-- (A) establish specific criteria for the evaluation of applications for stewardship site designations; and (B) evaluate and award or deny stewardship designation to applicants for that designation; (2) consistent with the guidelines described in section 9(d)-- (A) evaluate applications from government or nonprofit organizations qualified to hold conservation easements for funds to purchase land or development rights for stewardship sites; and (B) award funds to qualified applicants; (3) not later than 1 year after the date of enactment of this Act, develop and publish a management plan that-- (A) assesses the current resources of and threats to Long Island Sound; (B) assesses the role of the Long Island Sound Stewardship System in protecting Long Island Sound; (C) establishes-- (i) guidelines, schedules, and due dates for applying for designation as a stewardship site; and (ii) specific criteria to be used in evaluating stewardship site applications; (D) includes information about any grants that are available for the purchase of land or property rights to protect stewardship sites; (E) shall be made available to the public on the Internet and in hardcopy form; and (F) shall be updated at least every other year, with information on applications for stewardship site designation and funding published more frequently; and (4) concurrent with the first management plan, publish a list of sites that the Committee considers most appropriate for designation as stewardship sites. SEC. 7. POWERS OF THE COMMITTEE. (a) Hearings.--The Committee may hold such hearings, meet and act at such times and places, take such testimony, and receive such evidence as the Committee considers advisable to carry out this Act. (b) Information From Federal Agencies.-- (1) In general.--The Committee may secure directly from a Federal agency such information as the Committee considers necessary to carry out this Act. (2) Provision of information.--On request of the Chairperson of the Committee, the head of the agency shall provide the information to the Committee. (c) Postal Services.--The Committee may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government. (d) Gifts.--The Committee may accept, use, and dispose of gifts or donations of services or property. SEC. 8. COMMITTEE PERSONNEL MATTERS. (a) Compensation of Members.-- (1) Non-federal employees.--A member of the Committee 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 the member is engaged in the performance of the duties of the Committee. (2) Federal employees.--A member of the Committee who is an officer or employee of the Federal Government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the Federal Government. (b) Travel Expenses.--A member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Committee. (c) Staff.-- (1) In general.--The Chairperson of the Committee may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as are necessary to enable the Committee to perform the duties of the Committee. (2) Confirmation of executive director.--The employment of an executive director shall be subject to confirmation by the Committee. (3) Compensation.-- (A) In general.--Except as provided in subparagraph (B), the Chairperson of the Committee 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. (B) Maximum rate of pay.--The rate of pay for the executive director and other personnel shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. (d) Detail of Federal Government Employees.-- (1) In general.--An employee of the Federal Government may be detailed to the Committee without reimbursement. (2) Civil service status.--The detail of the employee shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Committee may procure temporary and intermittent services in accordance with section 3109(b) of title 5, United States Code, at rates for individuals that 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 that title. SEC. 9. STEWARDSHIP SITES. (a) Definition of Qualifying Land.--In this section, the term ``qualifying land'' means land-- (1) that is in the Region; and (2) that is-- (A) Federal, State, local, or tribal land; (B) land owned by a nonprofit organization; or (C) privately owned land. (b) Application for Designation.--Owners or other parties in control of qualifying land may apply to the Committee to have the qualifying land designated as a Long Island Sound stewardship site. (c) General Guidelines for Stewardship Site Designation.-- (1) In general.--The Committee shall choose land to be designated as a stewardship site based on-- (A) the contribution of the land to open space on and public access to Long Island Sound; and (B) the ecological value of the land. (2) Criteria.--In considering land described in applications submitted under subsection (b), the Committee shall consider-- (A) land cover; (B) size; (C) adjacency and connectivity to existing parks and open spaces; (D) water quality; (E) current or prospective recreational use; (F) visitor demand; (G) scenic quality; (H) cultural resources; (I) erosion and flood hazard prevention; (J) environmental justice; (K) fish and wildlife productivity; (L) biodiversity; (M) scientific value; (N) water quality protection; (O) habitat restoration characteristics; (P) connectivity to other habitats that are vital to sustaining healthy living resources in the Long Island Sound watershed; (Q) risk of development; and (R) other criteria developed by the Committee under section 6(1)(A). (d) General Guidelines for Awarding Funds.-- (1) In general.--The Committee shall award funds to qualified applicants to help to secure and improve the open space, public access, or ecological values of stewardship sites, through-- (A) purchase of the property of the site; (B) purchase of relevant property rights of the site; or (C) entering into any other binding legal arrangement that ensures that the values of the site are preserved. (2) Equitable distribution of funds.--The Committee shall exert due diligence to distribute funds equitably between the States. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act $40,000,000 for each fiscal year, to be allocated from the national estuary program under section 320 of the Federal Water Pollution Control Act (33 U.S.C. 1330). (b) Allocation of Funds.--For each fiscal year-- (1) not more than 15 percent of funds made available under subsection (a) shall be used to improve the facilities of stewardship sites; and (2) at least 85 percent of funds made available under subsection (a) shall be used to secure the values of stewardship sites. (c) Federal Share.--The Federal share of the cost of an activity carried out using any assistance or grant under this Act shall not exceed 75 percent of the total cost of the activity.

Summary: Long Island Sound Stewardship Act of 2004 - Establishes the Long Island Sound Stewardship System Region in Connecticut and New York. Establishes the Long Island Sound Stewardship Coordinating Committee to evaluate applications: (1) from owners or other controlling parties to have qualifying land within the Region designated as "stewardship sites" for purposes of awarding preservation funds; and (2) from government or nonprofit organizations qualified to hold conservation easements for funds to purchase land or development rights for stewardship sites. Requires the Committee to develop and publish a management plan that describes the current status of Long Island Sound, the Committee's role in protecting it, and details of the stewardship site designation program.


SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Strengthening the Transition and Reintegration Of the National Guard and Reserves Act'' or the ``STRONGR Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Extension of transitional health care coverage to one year for members of reserve components for mental health care. Sec. 3. Increase in amount of basic educational assistance for members of the Selected Reserve and members of reserve components supporting contingency operations. Sec. 4. Nonreduction in pay while Federal employee is serving on active duty in a reserve component of the uniformed services. Sec. 5. Assistance for State and local governments that continue to pay employees who serve on active duty in a reserve component of the uniformed services. Sec. 6. Active-duty reserve component employee credit added to general business credit. SEC. 2. EXTENSION OF TRANSITIONAL HEALTH CARE COVERAGE TO ONE YEAR FOR MEMBERS OF RESERVE COMPONENTS FOR MENTAL HEALTH CARE. Section 1145(a) of title 10, United States Code, is amended in paragraph (3)-- (1) by inserting ``(A)'' after ``(3)''; and (2) by adding at the end the following new subparagraph: ``(B) In addition to the period described in subparagraph (A), transitional health care shall be available for an additional 180 days, for mental health care only, to a member of a reserve component described in paragraph (2)(B). The additional 180 days shall begin at the end of the period described in subparagraph (A).''. SEC. 3. INCREASE IN AMOUNT OF BASIC EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE SELECTED RESERVE AND MEMBERS OF RESERVE COMPONENTS SUPPORTING CONTINGENCY OPERATIONS. (a) Members of Selected Reserve.-- (1) Increase in amount of assistance.--Section 16131(b) of title 10, United States Code, is amended-- (A) in paragraph (1), by striking ``at the following rates'' and all that follows through the end and inserting ``at the rate provided under paragraph (2).''; and (B) in paragraph (2), by striking all and inserting the following: ``(2)(A) Educational assistance provided under this chapter shall be paid at a rate equal the applicable percentage under subparagraph (B) of the rate provided under section 3015(a) of title 38 for an approved program of education pursued on a full-time basis. ``(B) The applicable percentage under this subparagraph is-- ``(i) 50 percent for each month in which the individual pursues an approved program of education on a full time basis; ``(ii) 37.5 percent for each month in which the individual pursues an approved program of education on a three-quarter- time basis; ``(iii) 25 percent for each month in which the individual pursues an approved program of education on a half-time basis; and ``(iv) an appropriately reduced percent, as determined under regulations which the Secretary of Veterans Affairs shall prescribe, for each month in which the individual pursues an approved program of education on less than a half-time basis, except that no payment may be made to an individual for a month in which the individual pursues such a program on less than a half-time basis if tuition assistance is otherwise available to the individual for such pursuit from the military department concerned.''. (2) Effective date.--The amendments made by paragraph (1) shall apply with respect to an educational assistance allowance under section 16131(b) of such title paid for months beginning after the date of the enactment of this Act. (b) Reserve Components Supporting Contingency Operations.-- (1) Increase in amount.--Section 16162(c)(4) of title 10, United States Code, is amended-- (A) in subparagraph (A) by striking ``40 percent'' and inserting ``60 percent''; and (B) in subparagraph (B) by striking ``60 percent'' and inserting ``70 percent''. (2) Effective date.--The amendments made by paragraph (1) shall apply with respect to an educational assistance allowance under section 16162(c)(4) of such title paid for months beginning after the date of the enactment of this Act. SEC. 4. NONREDUCTION IN PAY WHILE FEDERAL EMPLOYEE IS SERVING ON ACTIVE DUTY IN A RESERVE COMPONENT OF THE UNIFORMED SERVICES. (a) In General.--Subchapter IV of chapter 55 of title 5, United States Code, is amended by adding at the end the following new section: ``Sec. 5538. Nonreduction in pay while serving on active duty in a reserve component ``(a) An employee who is also a member of a reserve component and is absent from a position of employment with the Federal Government under a call or order to serve on active duty for a period of more than 30 days shall be entitled to receive, for each pay period described in subsection (b), an amount equal to the amount by which-- ``(1) the amount of civilian basic pay that would otherwise have been payable to the employee for such pay period if the employee's civilian employment with the Government had not been interrupted by the service on active duty, exceeds (if at all) ``(2) the amount of military compensation that is payable to the employee for the service on active duty and is allocable to such pay period. ``(b)(1) Amounts under this section shall be payable with respect to each pay period (which would otherwise apply if the employee's civilian employment had not been interrupted) that occurs-- ``(A) while the employee serves on active duty for a period of more than 30 days; ``(B) while the employee is hospitalized for, or convalescing from, an illness or injury incurred in, or aggravated during, the performance of such active duty; or ``(C) during the 14-day period beginning at the end of such active duty or the end of the period referred to in subparagraph (B). ``(2) Paragraph (1) shall not apply with respect to a pay period for which the employee receives civilian basic pay (including by taking any annual, military, or other paid leave) to which the employee is entitled by virtue of the employee's civilian employment with the Government. ``(c) Any amount payable under this section to an employee shall be paid-- ``(1) by the employing agency of the employee; ``(2) from the appropriation or fund that would be used to pay the employee if the employee were in a pay status; and ``(3) to the extent practicable, at the same time and in the same manner as would civilian basic pay if the employee's civilian employment had not been interrupted. ``(d) In consultation with Secretary of Defense, the Office of Personnel Management shall prescribe such regulations as may be necessary to carry out this section. ``(e)(1) In consultation with the Office, the head of each agency referred to in section 2302(a)(2)(C)(ii) shall prescribe procedures to ensure that the rights under this section apply to the employees of such agency. ``(2) The Administrator of the Federal Aviation Administration shall, in consultation with the Office, prescribe procedures to ensure that the rights under this section apply to the employees of that agency. ``(f) For the purpose of this section-- ``(1) the terms `active duty for a period of more than 30 days', `member', and `reserve component' have the meanings given such terms in section 101 of title 37; ``(2) the term `civilian basic pay' includes any amount payable under section 5304; ``(3) the term `employing agency', as used with respect to an employee entitled to any payments under this section, means the agency or other entity of the Government (including an agency referred to in section 2302(a)(2)(C)(ii)) with respect to which the employee has reemployment rights under chapter 43 of title 38; and ``(4) the term `military compensation' has the meaning given the term `pay' in section 101(21) of title 37.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 55 of title 5, United States Code, is amended by inserting after the item relating to section 5537 the following new item: ``5538. Nonreduction in pay while serving on active duty in a reserve component.''. (c) Application of Amendment.--Section 5538 of title 5, United States Code, as added by subsection (a), shall apply with respect to pay periods (as described in subsection (b) of such section) beginning on or after the date of the enactment of this Act. SEC. 5. ASSISTANCE FOR STATE AND LOCAL GOVERNMENTS THAT CONTINUE TO PAY EMPLOYEES WHO SERVE ON ACTIVE DUTY IN A RESERVE COMPONENT OF THE UNIFORMED SERVICES. (a) In General.--Chapter 17 of title 37, United States Code, is amended by adding at the end the following new section: ``Sec. 911. Assistance for State and local governments that continue to pay employees who serve on active duty ``(a) Continuation of Civilian Basic Pay.--It is the purpose of this section to encourage States and local governments to continue to pay a portion of the civilian compensation of those employees who are also members of a reserve component and are absent from a position of employment with the State or local government under a call or order to serve on active duty for a period of more than 30 days so that the employees receive compensation in an amount that, when taken together with their military pay, is at least equal to their civilian compensation. ``(b) Reimbursement Offered.--(1) At the request of a State or local government that continues to pay all or a portion of the civilian compensation of an employee described in subsection (a), the Secretary concerned shall reimburse the State or local government for 50 percent of the civilian compensation paid by the State or local government for each pay period described in subsection (c), but not to exceed 50 percent of the difference (if any) between-- ``(A) the amount of civilian compensation that would otherwise have been payable to the employee for such pay period if the employee's civilian employment with the State or local government had not been interrupted by the service on active duty; and ``(B) the amount of military pay that is payable to the employee for the service on active duty and is allocable to such pay period. ``(2) If the pay periods described in subsection (c) extend more than nine consecutive months after the first day of the first month during which the employee began to serve on active duty for a period of more than 30 days, the reimbursement rate shall become 100 percent for the subsequent payments. However, as is the case under paragraph (1), reimbursement shall be provided only for the difference (if any) between-- ``(A) the amount of civilian compensation that would otherwise have been payable to the employee for such pay period if the employee's civilian employment with the State or local government had not been interrupted by the service on active duty; and ``(B) the amount of military pay that is payable to the employee for the service on active duty and is allocable to such pay period. ``(c) Pay Periods.--Reimbursement shall be provided under this section with respect to each pay period (which would otherwise apply if the employee's civilian employment had not been interrupted) that occurs-- ``(1) while the employee serves on active duty for a period of more than 30 days; ``(2) while the employee is hospitalized for, or convalescing from, an illness or injury incurred in, or aggravated during, the performance of such active duty; or ``(3) during the 14-day period beginning at the end of such active duty or the end of the period referred to in subparagraph (B). ``(d) Effect of Failure To Return to Employment.--(1) If an employee described in subsection (a), with respect to whom reimbursement is provided to a State or local government under this section, fails to report or apply for employment or reemployment with the State or local government by the end of the period referred to in subsection (c)(3), the employee shall refund to the Secretary concerned the total amount of the reimbursement provided with respect to the employee. ``(2) Subject to paragraph (3), an obligation to refund moneys to the United States imposed under paragraph (1) is for all purposes a debt owed to the United States. ``(3) The Secretary concerned may waive, in whole or in part, a refund required under paragraph (1) if the Secretary concerned determines that recovery would be against equity and good conscience or would be contrary to the best interests of the United States. ``(4) A discharge in bankruptcy under title 11 that is entered less than five years after the end of the period referred to in subsection (c)(3) does not discharge the employee from a debt arising under paragraph (1). This paragraph applies to any case commenced under title 11 after the date of the enactment of this section. ``(e) Regulations.--The Secretaries concerned shall prescribe regulations to carry out this section. ``(f) Definitions.--In this section: ``(1) The term `civilian compensation' means the wages or salary that an employee of a State or local government normally receives from the employee's employment by the State or local government. ``(2) The term `local government' means an agency or political subdivision of a State. ``(3) The term `military pay' has the meaning given the term `pay' in section 101(21) of this title. ``(4) The term `State' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, and other territories or possessions of the United States.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 17 of title 37, is amended by inserting after the item relating to section 909 the following new item: ``911. Assistance for State and local governments that continue to pay employees who serve on active duty.''. (c) Application of Amendment.--Section 911 of title 37, United States Code, as added by subsection (a), shall apply with respect to pay periods (as described in subsection (b) of such section) beginning on or after the date of the enactment of this Act. SEC. 6. ACTIVE-DUTY RESERVE COMPONENT EMPLOYEE CREDIT ADDED TO GENERAL BUSINESS CREDIT. (a) Addition of Credit.--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. 45N. ACTIVE-DUTY RESERVE COMPONENT EMPLOYEE CREDIT. ``(a) General Rule.--For purposes of section 38, in the case of an employer, the active-duty reserve component employee credit determined under this section for the taxable year is an amount equal to 50 percent of the compensation paid by the employer to an employee who is also a member of a reserve component during the taxable year when the employee was absent from employment for a reason described in subsection (b). ``(b) Limitation.--The amount allowed as a credit under subsection (a) shall not exceed 50 percent of the difference (if any) between-- ``(1) the amount of compensation that would otherwise have been payable to the employee during such absence if the employee's employment with the employer had not been interrupted by the employee's absence; and ``(2) the amount of military pay that is payable to the employee during the absence. ``(c) Covered Pay Periods.--Subsection (a) shall apply with respect to an employee who is also a member of a reserve component-- ``(1) while the employee serves on active duty for a period of more than 30 days; ``(2) while the employee is hospitalized for, or convalescing from, an illness or injury incurred in, or aggravated during, the performance of such active duty; or ``(3) during the 14-day period beginning at the end of such active duty or the end of the period referred to in paragraph (2). ``(d) Days Not Taken Into Account.--No credit shall be allowed under subsection (a) with respect to an employee on any day on which the employee was not scheduled to work (for a reason other than such service on active duty) and ordinarily would not have worked. ``(e) Definitions.--For purposes of this section-- ``(1) The terms `active duty for a period of more than 30 days', `member', and `reserve component' have the meanings given such terms in section 101 of title 37, United States Code. ``(2) The term `compensation' means any remuneration for employment, whether in cash or in kind, which is paid or incurred by a taxpayer and which is deductible from the taxpayer's gross income under section 162(a)(1).''. (b) Credit To Be Part of General Business Credit.--Subsection (b) of section 38 of such Code (relating to general business credit) is amended by striking ``plus'' at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(32) the active-duty reserve component employee credit determined under section 45N(a).''. (c) Conforming Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45M the following new item: ``Sec. 45N. Active-duty reserve component employee credit.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007.

Summary: Strengthening the Transition and Reintegration of the National Guard and Reserves Act or STRONGR Act - Provides an additional 180-day period of military mental health care coverage for members of the reserves separated from service following active duty of more than 30 days in support of a contingency operation. Increases the amount of basic educational assistance under the Montgomery GI Bill for members of the Selected Reserve and reserve personnel supporting contingency operations. Entitles a federal employee who is a member of a reserve component to receive the difference in pay between military compensation and civilian compensation during periods of active duty exceeding 30 days. Directs the Secretary of the military department concerned to reimburse states or local governments for 50% of the civilian compensation paid by such governments to equalize military and civilian pay. Increases the reimbursement rate to 100% if active duty extends beyond nine months. Amends the Internal Revenue Code to establish an active-duty reserve component employee credit for employers who provide compensation to employees on active duty.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicaid Cash and Counseling Program Act of 2005''. SEC. 2. OPTIONAL CHOICE OF SELF-DIRECTED PERSONAL ASSISTANCE SERVICES (CASH AND COUNSELING). (a) Exemption From Certain Requirements.--Section 1915 of the Social Security Act (42 U.S.C. 1396n) is amended by adding at the end the following new subsection: ``(i)(1) A State may provide, as `medical assistance', payment for part or all of the cost of self-directed personal assistance services (other than room and board) under the plan which are provided pursuant to a written plan of care to individuals with respect to whom there has been a determination that, but for the provision of such services, the individuals would require and receive personal care services under the plan, or home and community-based services provided pursuant to a waiver under sub-section (c). Self-directed personal assistance services may not be provided under this subsection to individuals who reside in a home or property that is owned, operated, or controlled by a provider of services, not related by blood or marriage. ``(2) The Secretary shall not grant approval for a State self- directed personal assistance services program under this section unless the State provides assurances satisfactory to the Secretary of the following: ``(A) Necessary safeguards have been taken to protect the health and welfare of individuals provided services under the program, and to assure financial accountability for funds expended with respect to such services. ``(B) The State will provide, with respect to individuals who-- ``(i) are entitled to medical assistance for personal care services under the plan, or receive home and community-based services under a waiver granted under subsection (c); ``(ii) may require self-directed personal assistance services; and ``(iii) may be eligible for self-directed personal assistance services, an evaluation of the need for personal care under the plan, or personal services under a waiver granted under subsection (c). ``(C) Such individuals who are determined to be likely to require personal care under the plan, or home and community- based services under a waiver granted under subsection (c) are informed of the feasible alternatives, if available under the State's self-directed personal assistance services program, at the choice of such individuals, to the provision of personal care services under the plan, or personal assistance services under a waiver granted under subsection (c). ``(D) The State will provide for a support system that ensures participants in the self-directed personal assistance services program are appropriately assessed and counseled prior to enrollment and are able to manage their budgets. Additional counseling and management support may be provided at the request of the participant. ``(E) The State will provide to the Secretary an annual report on the number of individuals served and total expenditures on their behalf in the aggregate. The State shall also provide an evaluation of overall impact on the health and welfare of participating individuals compared to non- participants every three years. ``(3) A State may provide self-directed personal assistance services under the State plan without regard to the requirements of section 1902(a)(1) and may limit the population eligible to receive these services and limit the number of persons served without regard to section 1902(a)(10)(B). ``(4)(A) For purposes of this subsection, the term `self-directed personal assistance services' means personal care and related services, or home and community-based services otherwise available under the plan under this title or subsection (c), that are provided to an eligible participant under a self-directed personal assistance services program under this section, under which individuals, within an approved self- directed services plan and budget, purchase personal assistance and related services, and permits participants to hire, fire, supervise, and manage the individuals providing such services. ``(B) At the election of the State-- ``(i) a participant may choose to use any individual capable of providing the assigned tasks including legally liable relatives as paid providers of the services; and ``(ii) the individual may use the individual's budget to acquire items that increase independence or substitute (such as a microwave oven or an accessibility ramp) for human assistance, to the extent that expenditures would otherwise be made for the human assistance. ``(5) For purpose of this section, the term `approved self-directed services plan and budget' means, with respect to a participant, the establishment of a plan and budget for the provision of self-directed personal assistance services, consistent with the following requirements: ``(A) Self-direction.--The participant (or in the case of a participant who is a minor child, the participant's parent or guardian, or in the case of an incapacitated adult, another individual recognized by state law to act on behalf of the participant) exercises choice and control over the budget, planning, and purchase of self-directed personal assistance services, including the amount, duration, scope, provider and location of service provision. ``(B) Assessment of needs.--There is an assessment of the needs, strengths, and preferences of the participants for such services. ``(C) Service plan.--A plan for such services (and supports for such services) for the participant has been developed and approved by the State based on such assessment through a person-centered process that-- ``(i) builds upon the participant's capacity to engage in activities that promote community life and that respects the participant's preferences, choices and abilities; and ``(ii) involves families, friends, and professionals in the planning or delivery of services or supports as desired or required by the participant. ``(D) Service budget.--A budget for such services and supports for the participant has been developed and approved by the State based on such assessment and plan and on a methodology that uses valid, reliable cost data, is open to public inspection, and includes a calculation of the expected cost of such services if those services were not self-directed. The budget may not restrict access to other medically necessary care and services furnished under the plan and approved by the state but not included in the budget. ``(E) Application of quality assurance and risk management.--There are appropriate quality assurance and risk management techniques used in establishing and implementing such plan and budget that recognize the roles and responsibilities in obtaining services in a self-directed manner and assure the appropriateness of such plan and budget based upon the participant's resources and capabilities. ``(6) A State may employ a financial management entity to make payments to providers, track costs, and make reports under the program. Payment for the activities of the financial management entity shall be at the administrative rate established in section 1903(a).''. (b) Effective Date.--The amendment made by subsection (a) shall apply to services furnished on or after January 1, 2006.

Summary: Medicaid Cash and Counseling Program Act of 2005 - Amends title XIX (Medicaid) of the Social Security Act to allow a state to provide, as medical assistance, payment for the cost of self-directed personal assistance services (other than room and board) provided pursuant to a written plan of care to individuals who, but for such services, would require and receive personal care services under the plan, or home and community-based services provided pursuant to a waiver. Prohibits the provision of self-directed personal assistamce services to individuals who reside in a home or property owned, operated, or controlled by a service provider not related by blood or marriage.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Manhattan Project National Historical Park Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the Manhattan Project was an unprecedented top-secret program implemented during World War II to produce an atomic bomb before Nazi Germany; (2) a panel of experts convened by the President's Advisory Council on Historic Preservation in 2001-- (A) stated that ``the development and use of the atomic bomb during World War II has been called `the single most significant event of the 20th century'''; and (B) recommended that nationally significant sites associated with the Manhattan Project be formally established as a collective unit and be administered for preservation, commemoration, and public interpretation in cooperation with the National Park Service; (3) the Manhattan Project National Historical Park Study Act (Public Law 108-340; 118 Stat. 1362) directed the Secretary of the Interior, in consultation with the Secretary of Energy, to conduct a special resource study of the historically significant sites associated with the Manhattan Project to assess the national significance, suitability, and feasibility of designating one or more sites as a unit of the National Park System; (4) after significant public input, the National Park Service study found that ``including Manhattan Project-related sites in the national park system will expand and enhance the protection and preservation of such resources and provide for comprehensive interpretation and public understanding of this nationally significant story in the 20th century American history''; (5) the Department of the Interior, with the concurrence of the Department of Energy, recommended the establishment of a Manhattan Project National Historical Park comprised of resources at-- (A) Oak Ridge, Tennessee; (B) Los Alamos, New Mexico; and (C) Hanford, in the Tri-Cities area, Washington; and (6) designation of a Manhattan Project National Historical Park as a unit of the National Park System would improve the preservation of, interpretation of, and access to the nationally significant historic resources associated with the Manhattan Project for present and future generations to gain a better understanding of the Manhattan Project, including the significant, far-reaching, and complex legacy of the Manhattan Project. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to preserve and protect for the benefit of present and future generations the nationally significant historic resources associated with the Manhattan Project; (2) to improve public understanding of the Manhattan Project and the legacy of the Manhattan Project through interpretation of the historic resources associated with the Manhattan Project; (3) to enhance public access to the Historical Park consistent with protection of public safety, national security, and other aspects of the mission of the Department of Energy; and (4) to assist the Department of Energy, Historical Park communities, historical societies, and other interested organizations and individuals in efforts to preserve and protect the historically significant resources associated with the Manhattan Project. SEC. 4. DEFINITIONS. In this Act: (1) Historical park.--The term ``Historical Park'' means the Manhattan Project National Historical Park established under section 5. (2) Manhattan project.--The term ``Manhattan Project'' means the Federal program to develop an atomic bomb ending on December 31, 1946. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 5. ESTABLISHMENT OF MANHATTAN PROJECT NATIONAL HISTORICAL PARK. (a) Establishment.-- (1) Date.--Not later than 1 year after the date of enactment of this Act, there shall be established as a unit of the National Park System the Manhattan Project National Historical Park. (2) Areas included.--The Historical Park shall consist of facilities and areas listed under subsection (b) as determined by the Secretary, in consultation with the Secretary of Energy. The Secretary shall include the area referred to in subsection (b)(3)(A), the B Reactor National Historic Landmark, in the Historical Park. (b) Eligible Areas.--The Historical Park may only be comprised of one or more of the following areas, or portions of the areas, and depicted in the map titled ___ and numbered ____: (1) Oak ridge, tennessee.--Facilities, land, or interests in land that are-- (A) at Buildings 9204-3 and 9731 at the Y-12 National Security Complex; (B) at the X-10 Graphite Reactor at the Oak Ridge National Laboratory; (C) at the K-25 Building site at the East Tennessee Technology Park; and (D) at the former Guest House located at 210 East Madison Road. (2) Los alamos, new mexico.--Facilities, land, or interests in land that are-- (A) in the Los Alamos Scientific Laboratory National Historic Landmark District, or any addition to the Landmark District proposed in the National Historic Landmark Nomination--Los Alamos Scientific Laboratory (LASL) NHL District (Working Draft of NHL Revision), Los Alamos National Laboratory document LA-UR 12-00387 (January 26, 2012); (B) at the former East Cafeteria located at 1670 Nectar Street; and (C) at the former dormitory located at 1725 17th Street. (3) Hanford, washington.--Facilities, land, or interests in land that are-- (A) the B Reactor National Historic Landmark; (B) the Hanford High School in the town of Hanford and Hanford Construction Camp Historic District; (C) the White Bluffs Bank building in the White Bluffs Historic District; (D) the warehouse at the Bruggemann's Agricultural Complex; (E) the Hanford Irrigation District Pump House; and (F) the T Plant (221-T Process Building). (c) Written Consent of Owner.--No non-Federal property may be included in the Historical Park without the written consent of the owner. SEC. 6. AGREEMENT. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary and the Secretary of Energy (acting through the Oak Ridge, Los Alamos, and Richland site offices) shall enter into an agreement governing the respective roles of the Secretary and the Secretary of Energy in administering the facilities, land, or interests in land under the administrative jurisdiction of the Department of Energy that is to be included in the Historical Park under section 5(b), including provisions for enhanced public access, management, interpretation, and historic preservation. (b) Responsibilities of the Secretary.--Any agreement under subsection (a) shall provide that the Secretary shall-- (1) have decisionmaking authority for the content of historic interpretation of the Manhattan Project for purposes of administering the Historical Park; and (2) ensure that the agreement provides an appropriate advisory role for the National Park Service in preserving the historic resources covered by the agreement. (c) Responsibilities of the Secretary of Energy.--Any agreement under subsection (a) shall provide that the Secretary of Energy-- (1) shall ensure that the agreement appropriately protects public safety, national security, and other aspects of the ongoing mission of the Department of Energy at the Oak Ridge Reservation, Los Alamos National Laboratory, and Hanford Site; (2) may consult with and provide historical information to the Secretary concerning the Manhattan Project; (3) shall retain responsibility, in accordance with applicable law, for any environmental remediation that may be necessary in or around the facilities, land, or interests in land governed by the agreement; and (4) shall retain authority and legal obligations for historic preservation and general maintenance, including to ensure safe access, in connection with the Department's Manhattan Project resources. (d) Amendments.--The agreement under subsection (a) may be amended, including to add to the Historical Park facilities, land, or interests in land within the eligible areas described in section 5(b) that are under the jurisdiction of the Secretary of Energy. SEC. 7. PUBLIC PARTICIPATION. (a) In General.--The Secretary shall consult with interested State, county, and local officials, organizations, and interested members of the public-- (1) before executing any agreement under section 6; and (2) in the development of the general management plan under section 8(b). (b) Notice of Determination.--Not later than 30 days after the date on which an agreement under section 6 is entered into, the Secretary shall publish in the Federal Register notice of the establishment of the Historical Park, including an official boundary map. (c) Availability of Map.--The official boundary map published under subsection (b) shall be on file and available for public inspection in the appropriate offices of the National Park Service. The map shall be updated to reflect any additions to the Historical Park from eligible areas described in section 5(b). (d) Additions.--Any land, interest in land, or facility within the eligible areas described in section 5(b) that is acquired by the Secretary or included in an amendment to the agreement under section 6(d) shall be added to the Historical Park. SEC. 8. ADMINISTRATION. (a) In General.--The Secretary shall administer the Historical Park in accordance with-- (1) this Act; and (2) the laws generally applicable to units of the National Park System, including-- (A) the National Park System Organic Act (16 U.S.C. 1 et seq.); and (B) the Act of August 21, 1935 (16 U.S.C. 461 et seq.). (b) General Management Plan.--Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary, with the concurrence of the Secretary of Energy, and in consultation and collaboration with the Oak Ridge, Los Alamos and Richland Department of Energy site offices, shall complete a general management plan for the Historical Park in accordance with section 12(b) of Public Law 91-383 (commonly known as the ``National Park Service General Authorities Act'') (16 U.S.C. 1a-7(b)). (c) Interpretive Tours.--The Secretary may, subject to applicable law, provide interpretive tours of historically significant Manhattan Project sites and resources in the States of Tennessee, New Mexico, and Washington that are located outside the boundary of the Historical Park. (d) Land Acquisition.-- (1) In general.--The Secretary may acquire land and interests in land within the eligible areas described in section 5(b) by-- (A) transfer of administrative jurisdiction from the Department of Energy by agreement between the Secretary and the Secretary of Energy; (B) donation; or (C) exchange. (2) No use of condemnation.--The Secretary may not acquire by condemnation any land or interest in land under this Act or for the purposes of this Act. (e) Donations; Cooperative Agreements.-- (1) Federal facilities.-- (A) In general.--The Secretary may enter into one or more agreements with the head of a Federal agency to provide public access to, and management, interpretation, and historic preservation of, historically significant Manhattan Project resources under the jurisdiction or control of the Federal agency. (B) Donations; cooperative agreements.--The Secretary may accept donations from, and enter into cooperative agreements with, State governments, units of local government, tribal governments, organizations, or individuals to further the purpose of an interagency agreement entered into under subparagraph (A) or to provide visitor services and administrative facilities within reasonable proximity to the Historical Park. (2) Technical assistance.--The Secretary may provide technical assistance to State, local, or tribal governments, organizations, or individuals for the management, interpretation, and historic preservation of historically significant Manhattan Project resources not included within the Historical Park. (3) Donations to department of energy.--For the purposes of this Act, or for the purpose of preserving and providing access to historically significant Manhattan Project resources, the Secretary of Energy may accept, hold, administer, and use gifts, bequests, and devises (including labor and services). SEC. 9. CLARIFICATION. (a) No Buffer Zone Created.--Nothing in this Act, the establishment of the Historical Park, or the management plan for the Historical Park shall be construed to create buffer zones outside of the Historical Park. That an activity can be seen and heard from within the Historical Park shall not preclude the conduct of that activity or use outside the Historical Park. (b) No Cause of Action.--Nothing in this Act shall constitute a cause of action with respect to activities outside or adjacent to the established boundary of the Historical Park.

Summary: Manhattan Project National Historical Park Act - (Sec. 5) Establishes the Manhattan Project National Historical Park as a unit of the National Park System, which may be composed of specified facilities, lands, or interests in land in one or more eligible areas or parts of such areas in Oak Ridge, Tennessee; Los Alamos, New Mexico; and Hanford, Washington. Requires inclusion of the B Reactor National Historic Landmark in Hanford. (Sec. 6) Directs the Secretary of the Interior (the Secretary) and the Secretary of Energy (DOE) to enter into an agreement to govern their respective roles in administering the facilities, lands, or interests in land under DOE's jurisdiction to be included in the Park. Requires the Secretary under any such agreement to: (1) have decisionmaking authority for the content of the historic interpretation of the Manhattan Project for purposes of administering the Historical Park, and (2) ensure that the agreement provides for an appropriate advisory role for the National Park Service (NPS) in preserving the historic resources covered by the agreement. Requires the DOE Secretary under any such agreement to: (1) ensure that the agreement appropriately protects public safety, national security, and other aspects of the ongoing mission of DOE at the Oak Ridge Reservation, Los Alamos National Laboratory, and Hanford Site; (2) retain responsibility for any necessary environmental remediation; and (3) retain authority and legal obligations for historic preservation and general maintenance. (Sec. 7) Requires the Secretary to consult with interested state, county, and local officials, and members of the public before executing any such agreement and in developing the general management plan. (Sec. 8) Requires the Secretary to develop a general management plan for the Park in consultation and collaboration with the Oak Ridge, Los Alamos, and Richland DOE site offices. Authorizes the Secretary to provide interpretive tours of historically significant Manhattan Project sites and resources that are located outside the boundary of the Park. Prohibits the acquisition by condemnation of any land or interest in land for the purposes of this Act. Authorizes the Secretary to: (1) enter into agreements with federal agencies to provide public access to, and management, interpretation, and historic preservation of, historically significant Manhattan Project resources under their control; and (2) accept donations from, and enter into cooperative agreements with, state governments, local governments, tribal governments, organizations, or individuals to further the purpose of such an interagency agreement, or to provide visitor services and administrative facilities within proximity to the Historical Park. Authorizes the Secretary to provide technical assistance to such governments, organizations, or individuals for the management, interpretation, and historic preservation of historically significant Manhattan Project resources not included in the Historical Park. (Sec. 9) Prohibits anything in this Act, the establishment of the Historical Park, or the management plan for the Historical Park from being construed as creating buffer zones outside of the Park. Prohibits anything in this Act from constituting a cause of action respecting activities outside or adjacent to the established boundary of the Park.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Afghanistan and Central Asian Republics Sustainable Food Production Act of 2001''. SEC. 2. FINDINGS. Congress finds that-- (1) abject poverty and the inability to produce food, even at the subsistence level, in the rural, mountainous areas of Afghanistan and the Central Asian Republics have plagued the region for over 20 years; (2) extended food shortages in this region have resulted in the consumption of seed supplies and breeding livestock necessary to continue farming and food production; (3) ongoing and violent conflict in the region has badly damaged or destroyed the basic irrigation systems necessary for food production; (4) despite the delivery of over $185,000,000 in aid from the United States in fiscal year 2001 toward humanitarian assistance needs in Afghanistan, millions of people remain at risk of severe malnutrition and starvation in the short- and long-terms; (5) on October 4, 2001, President George W. Bush announced that the people of Afghanistan, and the governments of Pakistan, Iran, Tajikistan, Uzbekistan, and Turkmenistan will receive an additional $320,000,000 humanitarian assistance package for emergency food and refugee assistance to address the region's immediate needs during the war on terrorism; and (6) in addition to addressing short-term emergency assistance needs in Afghanistan and the mountainous regions of the Central Asian Republics, addressing the long-term food production and rural development issues in region will be critical to attaining some stability in the region. SEC. 3. ASSISTANCE. (a) Assistance.--The Administrator of the United States Agency for International Development shall provide assistance in accordance with the provisions of this Act to develop sustainable food production for Afghanistan and the mountainous regions of other countries of Central Asia through restocking seed, replacing breeding livestock, restoring basic irrigation systems, and providing access to credit for food production, processing, or marketing enterprises through rural microenterprise loan programs. (b) Program Objectives.-- (1) In general.--In providing assistance under subsection (a), the Administrator shall provide only grants to nongovernmental organizations for the purpose of carrying out the activities described in paragraph (2) in Afghanistan and the other countries of Central Asia in accordance with this section. (2) Activities supported.-- (A) In general.--Among the activities for which the Administrator may provide grants shall be-- (i) procurement of seed for local food production; (ii) replacement of breeding livestock; (iii) restoration of basic irrigation systems; (iv) establishment of access to credit for food production, processing, or marketing enterprises through rural microenterprise loan programs; and (v) providing technical assistance. (B) Limitation.--Amounts received under a grant shall not be used to carry out activities related to emergencies or disasters. (3) Applications.--A nongovernmental organization that desires to receive a grant under this section shall submit an application for the grant to the Administrator. The application should be developed by the nongovernmental organization in close consultation with local indigenous entities, or associated persons of a village or villages, located in the country within which the activities supported by the grant will be carried out. (4) Implementation of program objectives.--In carrying out the objectives of paragraph (1), the Administrator shall-- (A) coordinate the activities with governments of other countries authorized to receive grants under this section, local and regional governments of such countries, nongovernmental organizations operating in such countries, and private donors; (B) provide minimal supplementary grants for associated administrative costs to the national and regional governments of the country for which grants to nongovernmental organizations are approved under this section; (C) provide oversight of grants disbursed under this section, including procedures under which a nongovernmental organization that misuses grant funds or otherwise fails to adequately carry out the activities described in paragraph (2) should be disqualified from receiving additional grants under this section for not less than 1 year; and (D) coordinate efforts with national, regional, and local government officials to conduct an annual review of disbursement of grant funds and the effectiveness of activities carried out with grant funds. (c) Restriction Relating to the Use of United States Funds in Afghanistan.--Funds made available under this Act shall not be used during a fiscal year for any activity in Afghanistan which is described in subsection (b)(2) unless the Secretary of State certifies for the fiscal year that there has been substantial progress made toward the establishment of a government in Afghanistan that meets the following requirements: (1) The government includes broad representation from the diverse ethnic and religious groups of Afghanistan, including both men and women from such groups. (2) The government does not sponsor terrorism or harbor terrorists. (3) The government demonstrates a strong and determined commitment to eliminating the production of opium-producing poppies. (4) The government meets the conditions outlined in the United Nations Universal Declaration of Human Rights. SEC. 4. ADMINISTRATION. It is the sense of the Congress that the Administrator should establish-- (1) criteria for the selection of projects to receive support under this Act; (2) standards and criteria regarding qualifications of recipients of such support; (3) such rules and procedures as may be necessary for projects that receive support under this Act; (4) such rules and procedures as may be necessary to ensure transparency and accountability in the grant-making process; and (5) criteria for an annual review process for all projects receiving grants. SEC. 5. REPORTS TO CONGRESS. (a) Annual Reports by Administrator.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter for the subsequent 4 fiscal years, the Administrator shall submit to the appropriate committees of Congress a report on the implementation of this Act. (2) Report elements.--The report shall include a description of-- (A) the programs, projects, and activities supported by grants made under this Act; (B) the criteria that have been established that are used to determine the programs and activities that should be assisted by grants made under this Act; (C) an assessment regarding the extent to which the Government of Afghanistan does or does not meet the requirements of section 3(c) for that fiscal year; and (D) with respect to a fiscal year for which Afghanistan is eligible to receive a grant under section 3, the impact of programming on food production and rural development in Afghanistan. (b) GAO Report on Effectiveness.--Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report evaluating the effectiveness of grants made under this Act, including the effectiveness of the programs, projects, and activities described in subsection (a)(2)(A) in building sustainable food production and rural microenterprise loans in the countries authorized to receive grants under this section. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. In addition to any other funds authorized to be appropriated for bilateral programs related to sustainable food production and microenterprise systems, there is authorized to be appropriated to the Administrator $25,000,000 for fiscal year 2002 and $50,000,000 for each of the fiscal years 2003 through 2006 to carry out this Act. Of the amount appropriated pursuant to the authorization of appropriations under the preceding sentence for a fiscal year 60 percent should be designated for grants for Afghanistan. SEC. 7. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the United States Agency for International Development. (2) Appropriate committees.--The term ``appropriate committees'' means the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on International Relations and the Committee on Appropriations of the House of Representatives. (3) Other countries of central asia.--The term ``other countries of Central Asia'' means Kyrgyzstan, Pakistan, Tajikistan, Turkmenistan, and Uzbekistan.

Summary: Afghanistan and Central Asian Republics Sustainable Food Production Act of 2001 - Directs the Administrator of the United States Agency for International Development to provide financial assistance to nongovernmental organizations carrying out rural developmental activities in Afghanistan, Kyrgyzstan, Pakistan, Tajikistan, Turkmenistan, and Uzbekistan. Stipulates the aid shall be used for: (1) restocking seed; (2) replacing breeding livestock; (3) restoring basic irrigation systems; (4) providing access to credit for food production, processing or marketing enterprises through rural microenterprise loan programs; and (5) technical assistance. Places human rights and other conditions on the government of Afghanistan for projects to be funded in Afghanistan.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Radio Broadcasting Preservation Act of 2000''. SEC. 2. MODIFICATIONS TO LOW-POWER FM REGULATIONS REQUIRED. (a) Third-Adjacent Channel Protections Required.-- (1) Modifications required.--The Federal Communications Commission shall modify the rules authorizing the operation of low-power FM radio stations, as proposed in MM Docket No. 99- 25, to-- (A) prescribe minimum distance separations for third-adjacent channels (as well as for co-channels and first- and second-adjacent channels); and (B) prohibit any applicant from obtaining a low- power FM license if the applicant has engaged in any manner in the unlicensed operation of any station in violation of section 301 of the Communications Act of 1934 (47 U.S.C. 301). (2) Congressional authority required for further changes.-- The Federal Communications Commission may not-- (A) eliminate or reduce the minimum distance separations for third-adjacent channels required by paragraph (1)(A); or (B) extend the eligibility for application for low- power FM stations beyond the organizations and entities as proposed in MM Docket No. 99-25 (47 CFR 73.853), except as expressly authorized by Act of Congress enacted after the date of the enactment of this Act. (3) Validity of prior actions.--Any license that was issued by the Commission to a low-power FM station prior to the date on which the Commission modify its rules as required by paragraph (1) and that does not comply with such modifications shall be invalid. (b) Further Evaluation of Need for Third-Adjacent Channel Protections.-- (1) Pilot program required.--The Federal Communications Commission shall conduct an experimental program to test whether low-power FM radio stations will result in harmful interference to existing FM radio stations if such stations are not subject to the minimum distance separations for third- adjacent channels required by subsection (a). The Commission shall conduct such test in no more than nine FM radio markets, including urban, suburban, and rural markets, by waiving the minimum distance separations for third-adjacent channels for the stations that are the subject of the experimental program. At least one of the stations shall be selected for the purpose of evaluating whether minimum distance separations for third- adjacent channels are needed for FM translator stations. The Commission may, consistent with the public interest, continue after the conclusion of the experimental program to waive the minimum distance separations for third-adjacent channels for the stations that are the subject of the experimental program. (2) Conduct of testing.--The Commission shall select an independent testing entity to conduct field tests in the markets of the stations in the experimental program under paragraph (1). Such field tests shall include-- (A) an opportunity for the public to comment on interference; and (B) independent audience listening tests to determine what is objectionable and harmful interference to the average radio listener. (3) Report to congress.--The Commission shall publish the results of the experimental program and field tests and afford an opportunity for the public to comment on such results. The Federal Communications Commission shall submit a report on the experimental program and field tests to the Committee on Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than February 1, 2001. Such report shall include-- (A) an analysis of the experimental program and field tests and of the public comment received by the Commission; (B) an evaluation of the impact of the modification or elimination of minimum distance separations for third-adjacent channels on-- (i) listening audiences; (ii) incumbent FM radio broadcasters in general, and on minority and small market broadcasters in particular, including an analysis of the economic impact on such broadcasters; (iii) the transition to digital radio for terrestrial radio broadcasters; (iv) stations that provide a reading service for the blind to the public; and (v) FM radio translator stations; (C) the Commission's recommendations to the Congress to reduce or eliminate the minimum distance separations for third-adjacent channels required by subsection (a); and (D) such other information and recommendations as the Commission considers appropriate.

Summary: Prohibits the FCC, without specific authorization by Congress, from: (1) eliminating or reducing such minimum distance separations for third-adjacent channels; or (2) extending the eligibility for low-power FM stations beyond those organizations and entities proposed in MM Docket No. 99-25. Invalidates any previously issued low-power FM station license that does not comply with such rule modifications. Directs the FCC to conduct an experimental program to test whether low- power FM stations will result in harmful interference to existing FM radio stations if such stations are not subject to the minimum distance separation requirements. Requires the FCC to: (1) publish test results and allow an opportunity for public comment; and (2) report test results and FCC recommendations on reducing or eliminating minimum distance standards to specified congressional committees.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Readiness Enhancement Act of 2010''. SEC. 2. PURPOSE. The purpose of this Act is to institute in the Armed Forces a policy of nondiscrimination based on sexual orientation. SEC. 3. REPEAL OF 1993 POLICY CONCERNING HOMOSEXUALITY IN THE ARMED FORCES. The following provisions of law are repealed: (1) Section 654 of title 10, United States Code. (2) Subsections (b), (c), and (d) of section 571 of the National Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 654 note). SEC. 4. ESTABLISHMENT OF POLICY OF NONDISCRIMINATION BASED ON SEXUAL ORIENTATION IN THE ARMED FORCES. (a) Establishment of Policy.-- (1) In general.--Chapter 37 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 656. Policy of nondiscrimination based on sexual orientation in the armed forces ``(a) Policy.--The Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, may not discriminate on the basis of sexual orientation against any member of the armed forces or against any person seeking to become a member of the armed forces. ``(b) Discrimination on Basis of Sexual Orientation.--For purposes of this section, discrimination on the basis of sexual orientation is-- ``(1) in the case of a member of the armed forces, the taking of any personnel or administrative action (including any action relating to promotion, demotion, evaluation, selection for an award, selection for a duty assignment, transfer, or separation) in whole or in part on the basis of sexual orientation; and ``(2) in the case of a person seeking to become a member of the armed forces, denial of accession into the armed forces in whole or in part on the basis of sexual orientation. ``(c) Personnel and Administrative Policies and Action.--The Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, may not establish, implement, or apply any personnel or administrative policy, or take any personnel or administrative action (including any policy or action relating to promotions, demotions, evaluations, selections for awards, selections for duty assignments, transfers, or separations) in whole or in part on the basis of sexual orientation. ``(d) Rules and Policies Regarding Conduct.--Nothing in this section prohibits the Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, from prescribing or enforcing regulations governing the conduct of members of the armed forces if the regulations are designed and applied without regard to sexual orientation. ``(e) Re-Accession of Otherwise Qualified Persons Permitted.--Any person separated from the armed forces on the basis of sexual orientation in accordance with laws and regulations in effect before the date of the enactment of this section, if otherwise qualified for re-accession into the armed forces, shall not be prohibited from re- accession into the armed forces on the sole basis of such separation. ``(f) Sexual Orientation.--In this section, the term `sexual orientation' means heterosexuality, homosexuality, or bisexuality, whether the orientation is real or perceived, and includes statements and consensual sexual conduct that is not otherwise illegal manifesting heterosexuality, homosexuality, or bisexuality.''. (2) Clerical amendments.--The table of sections at the beginning of chapter 37 of such title is amended-- (A) by striking the item relating to section 654; and (B) by adding at the end the following new item: ``656. Policy of nondiscrimination based on sexual orientation in the armed forces.''. (b) Conforming Amendments.--Title 10, United States Code, is amended as follows: (1) Section 481 is amended-- (A) In subsection (a)(2), by inserting ``, including sexual orientation discrimination,'' after ``discrimination'' in subparagraphs (C) and (D); and (B) in subsection (c), by inserting ``and sexual orientation-based'' after ``gender-based'' both places it appears. (2) Section 983(a)(1) is amended by striking ``(in accordance with section 654 of this title and other applicable Federal laws)''. (3) Section 1034(i)(3) is amended by inserting ``sexual orientation,'' after ``sex,''. SEC. 5. BENEFITS. Nothing in this Act, or the amendments made by this Act, shall be construed to require the furnishing of dependent benefits in violation of section 7 of title 1, United States Code (relating to the definitions of ``marriage'' and ``spouse'' and referred to as the ``Defense of Marriage Act''). SEC. 6. NO PRIVATE CAUSE OF ACTION FOR DAMAGES. Nothing in this Act, or the amendments made by this Act, shall be construed to create a private cause of action for damages. SEC. 7. REVIEW AND IMPLEMENTATION. (a) Pentagon Working Group.-- (1) Establishment.--The Secretary of Defense shall establish in the Department of Defense a working group (to be known as the ``Pentagon Working Group'') to make recommendations to the Secretary regarding the implementation of this Act and the amendments made by this Act. (2) Treatment of existing working group.--If there exists in the Department as of the date of the enactment of this Act a working group on recommendations regarding the repeal of section 654 of title 10, United States Code, the Secretary may treat the working group as the working group required by paragraph (1) for purposes of this section. (b) Working Group Recommendations.-- (1) Submittal to secretary of defense.--Not later than 270 days after the date of the enactment of this Act, the working group under subsection (a) shall submit to the Secretary of Defense a written report setting forth such recommendations as the working group considers appropriate for a revision of Department of Defense regulations, or the issuance of new regulations, to implement this Act and the amendments made by this Act. (2) Submittal to congress.--The report under paragraph (1) shall also be submitted to the Committees on Armed Services of the Senate and the House of Representatives. (c) Regulations.-- (1) Revisions required.--Not later than 60 days after receipt of the report required by subsection (b)(1), the Secretary of Defense shall revise Department of Defense regulations, and shall issue such new regulations as may be necessary, to implement this Act and the amendments made by this Act. The Secretary of Defense shall further direct the Secretary of each military department to revise regulations of that military department in accordance with this Act, not later than 120 days after the Secretary of Defense receives the report required by subsection (b)(1). (2) Elements.--The revisions required by paragraph (1) shall include the following: (A) Revision of all equal opportunity and human relations regulations, directives, and instructions to add sexual orientation nondiscrimination to the Department of Defense Equal Opportunity policy and to related human relations training programs. (B) Revision of Department of Defense and military department personnel regulations to eliminate procedures for involuntary discharges based on sexual orientation. (C) Revision of Department of Defense and military department regulations governing victims' advocacy programs to include sexual orientation discrimination among the forms of discrimination for which members of the Armed Forces and their families may seek assistance. (D) Revision of any Department of Defense and military department regulations as necessary to ensure that regulations governing the personal conduct of members of the Armed Forces are written and enforced without regard to sexual orientation. (d) Sexual Orientation Defined.--In this section, the term ``sexual orientation'' has the meaning given that term in section 656(f) of title 10, United States Code, as added by section 4(a). SEC. 8. REPORT. Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth an assessment of the compliance of institutions of higher education with section 983 of title 10, United States Code (as amended by section 4(b)), and describing the actions, if any, taken by the Secretary to effect the denial of funds authorized in that section to an institution of higher education that continues to prohibit, or in effect prevent, the Secretary or a military department from maintaining, establishing, or operating a unit of the Senior Reserve Officers' Training Corps at that institution (or any subelement of that institution).

Summary: Military Readiness Enhancement Act of 2010 - Repeals current Department of Defense (DOD) policy concerning homosexuality in the Armed Forces. Prohibits the Secretary of Defense (Secretary), and the Secretary of Homeland Security (DHS) with respect to the Coast Guard when it is not operating as a service in the Navy, from discriminating on the basis of sexual orientation against any member of the Armed Forces or any person seeking to become a member. Authorizes the re-accession into the Armed Forces of otherwise qualified individuals previously separated on the basis of sexual orientation. Directs the Secretary to establish in DOD the Pentagon Working Group to report recommendations regarding the implementation of this Act. Requires such report to be submitted to the congressional defense committees. Requires the Secretary to: (1) revise DOD regulations and issue new regulations as necessary to implement this Act; and (2) direct each military department Secretary to do the same. Directs the Secretary to report on the compliance of institutions of higher education with federal law concerning the denial of access by such institutions to Reserve Officer Training Corps (ROTC) military recruiting on campus, as well as a description of actions taken to effect the denial of certain federal funding to institutions that continue to prevent ROTC access.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Putting Main Street FIRST Act'' or as the ``Putting Main Street FIRST: Finishing Irresponsible Reckless Speculative Trading Act''. SEC. 2. TRANSACTION TAX. (a) In General.--Chapter 36 of the Internal Revenue Code of 1986 is amended by inserting after subchapter B the following new subchapter: ``Subchapter C--Tax on Trading Transactions ``Sec. 4475. Tax on trading transactions. ``SEC. 4475. TAX ON TRADING TRANSACTIONS. ``(a) Imposition of Tax.--There is hereby imposed a tax on each covered transaction with respect to any security. ``(b) Rate of Tax.--The tax imposed under subsection (a) with respect to any covered transaction shall be 0.03 percent of the specified base amount with respect to such covered transaction. ``(c) Specified Base Amount.--For purposes of this section, the term `specified base amount' means-- ``(1) except as provided in paragraph (2), the fair market value of a security (determined as of the time of the covered transaction), and ``(2) in the case of any payment with respect to a derivative, the amount of such payment. ``(d) Covered Transaction.--For purposes of this section-- ``(1) In general.--The term `covered transaction' means-- ``(A) except as provided in subparagraph (B), any purchase if-- ``(i) such purchase occurs on, or is subject to the rules of, a qualified board or exchange located in the United States, or ``(ii) the purchaser or seller is a United States person, and ``(B) any transaction with respect to a derivative if-- ``(i) such derivative is traded on, or is subject to the rules of, a qualified board or exchange located in the United States, or ``(ii) any party with rights under such derivative is a United States person. ``(2) Exceptions from tax.-- ``(A) Exception for initial issues.--No tax shall be imposed under subsection (a) on any covered transaction with respect to the initial issuance of any security described in subparagraph (A), (B), or (C) of subsection (e)(1). ``(B) Exception for certain traded short-term indebtedness.--A note, bond, debenture, or other evidence of indebtedness which-- ``(i) is traded on, or is subject to the rules of, a qualified board or exchange located in the United States, and ``(ii) has a fixed maturity of not more than 100 days, shall not be treated as described in subsection (e)(1)(C). ``(e) Definitions.--For purposes of this section-- ``(1) Security.--The term `security' means-- ``(A) any share of stock in a corporation, ``(B) any partnership or beneficial ownership interest in a partnership or trust, ``(C) any note, bond, debenture, or other evidence of indebtedness, and ``(D) any derivative. ``(2) Derivative.-- ``(A) In general.--The term `derivative' means any contract (including any option, forward contract, futures contract, short position, swap, or similar contract) the value of which, or any payment or other transfer with respect to which, is (directly or indirectly) determined by reference to one or more of the following: ``(i) Any security described in subparagraph (A), (B), or (C) of paragraph (1). ``(ii) Any commodity which is actively traded (within the meaning of section 1092(d)(1)). ``(iii) Any currency. ``(iv) Any rate, price, amount, index, formula, or algorithm. ``(v) Any other item as the Secretary may prescribe. Such term shall not include any item described in clauses (i) through (v). ``(B) Exceptions from treatment as derivatives.-- ``(i) Securities lending, sale-repurchase, and similar financing transactions.--To the extent provided by the Secretary, the term `derivative' shall not include the right to the return of the same or substantially identical securities transferred in a securities lending transaction, sale-repurchase transaction, or similar financing transaction. ``(ii) Insurance contracts, annuities, and endowments.--The term `derivative' shall not include any insurance, annuity, or endowment contract issued by an insurance company to which subchapter L applies (or issued by any foreign corporation to which such subchapter would apply if such foreign corporation were a domestic corporation). ``(3) Qualified board or exchange.--The term `qualified board or exchange' has the meaning given such term by section 1256(g)(7). ``(f) By Whom Paid.-- ``(1) In general.--The tax imposed by this section shall be paid by-- ``(A) in the case of a transaction which occurs on, or is subject to the rules of, a qualified board or exchange located in the United States, such qualified board or exchange, and ``(B) in the case of a purchase not described in subparagraph (A) which is executed by a broker (as defined in section 6045(c)(1)) which is a United States person, such broker. ``(2) Special rules for direct, etc., transactions.--In the case of any transaction to which paragraph (1) does not apply, the tax imposed by this section shall be paid by-- ``(A) in the case of a transaction described in subsection (d)(1)(A)-- ``(i) the purchaser if the purchaser is a United States person, and ``(ii) the seller if the purchaser is not a United States person, and ``(B) in the case of a transaction described in subsection (d)(1)(B)-- ``(i) the payor if the payor is a United States person, and ``(ii) the payee if the payor is not a United States person. ``(g) Treatment of Exchanges and Payments With Respect to Derivatives.--For purposes of this section-- ``(1) Treatment of exchanges.-- ``(A) In general.--An exchange shall be treated as the sale of the property transferred and a purchase of the property received by each party to the exchange. ``(B) Certain deemed exchanges.--In the case of a distribution treated as an exchange for stock under section 302 or 331, the corporation making such distribution shall be treated as having purchased such stock for purposes of this section. ``(2) Payments with respect to derivatives treated as separate transactions.--Except as otherwise provided by the Secretary, any payment with respect any derivative shall be treated as a separate transaction for purposes of this section. ``(h) Application to Transactions by Controlled Foreign Corporations.-- ``(1) In general.--For purposes of this section, a controlled foreign corporation shall be treated as a United States person. ``(2) Special rules for payment of tax on direct, etc., transactions.--In the case of any transaction which is a covered transaction solely by reason of paragraph (1) and which is not described in subsection (f)(1)-- ``(A) Payment by united states shareholders.--Any tax which would (but for this paragraph) be payable under subsection (f)(2) by the controlled foreign corporation shall, in lieu thereof, be paid by the United States shareholders of such controlled foreign corporation as provided in subparagraph (B). ``(B) Pro rata shares.--Each such United States shareholder shall pay the same proportion of such tax as-- ``(i) the stock which such United States shareholder owns (within the meaning of section 958(a)) in such controlled foreign corporation, bears to ``(ii) the stock so owned by all United States shareholders in such controlled foreign corporation. ``(C) Definitions.--For purposes of this subsection, the terms `United States shareholder' and `controlled foreign corporation' have the meanings given such terms in sections 951(b) and 957(a), respectively. ``(i) Administration.--The Secretary shall carry out this section in consultation with the Securities and Exchange Commission and the Commodity Futures Trading Commission. ``(j) Guidance; Regulations.--The Secretary shall-- ``(1) provide guidance regarding such information reporting concerning covered transactions as the Secretary deems appropriate, and ``(2) prescribe such regulations as are necessary or appropriate to prevent avoidance of the purposes of this section, including the use of non-United States persons in such transactions.''. (b) Credit With Respect to Certain Tax-Favored Accounts To Offset Transaction Tax.--Subpart C of part IV of subchapter A of chapter 1 of such Code is amended by inserting after section 36B the following new section: ``SEC. 36C. OFFSET FOR TRANSACTION TAX ON CONTRIBUTIONS TO CERTAIN TAX- FAVORED ACCOUNTS. ``(a) In General.--There shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to 0.03 percent of the qualified tax-favored account contributions of the taxpayer for the taxable year. ``(b) Qualified Tax-Favored Account Contributions.--For purposes of this section, the term `qualified tax-favored account contributions' means, with respect to any taxable year, the sum of-- ``(1) with respect to qualified retirement plans (as defined in section 4974(c)) of the taxpayer, the amount contributed to such plans for such taxable year to the extent that such contributions are allowable as a deduction or are excludable from gross income (or, in the case of a Roth IRA (as defined in section 408A(b)), the amount contributed), ``(2) with respect to Archer MSAs of the taxpayer, the amount allowed as a deduction under section 220 for such taxable year, ``(3) with respect to health savings accounts of the taxpayer, the amount allowed as a deduction under section 223 for such taxable year, plus ``(4) with respect to qualified tuition programs (as defined in section 529), qualified ABLE programs (as defined in section 529A), and Coverdell education savings accounts (as defined in section 530), with respect to which the taxpayer is the designated beneficiary (or, in the case of a designated beneficiary with respect to whom another taxpayer is allowed a deduction under section 151, such other taxpayer in lieu of such designated beneficiary), the amount contributed for such taxable year.''. (c) Information Reporting With Respect to Controlled Foreign Corporations.--Section 6038(a)(1)(B) of such Code is amended by inserting ``and transactions which are covered transactions for purposes of section 4475 by reason of the application of section 4475(h)(1) to such corporation'' before the semicolon at the end. (d) Conforming Amendments.-- (1) Section 1324(b)(2) of title 31, United States Code, is amended by inserting ``, 36C'' after ``36B''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting before the item relating to section 37 the following new item: ``Sec. 36C. Offset for transaction tax on contributions to certain tax- favored accounts.''. (3) The table of subchapters for chapter 36 of such Code is amended by inserting after the item relating to subchapter B the following new item: ``subchapter c. tax on trading transactions''. (e) Effective Date.--The amendments made by this section shall apply to transactions after December 31, 2018.

Summary: Putting Main Street FIRST Act or the Putting Main Street FIRST: Finishing Irresponsible Reckless Speculative Trading Act This bill amends the Internal Revenue Code to impose a .03% excise tax on the purchase of a security if: (1) such purchase occurs on, or is subject to the rules of, a qualified board or exchange located in the United States; or (2) the purchaser or seller is a U.S. person. A "security" includes: (1) any share of stock in a corporation, (2) any partnership or beneficial ownership interest in a partnership or trust; (3) any note, bond, debenture, or other evidence of indebtedness; and (4) derivatives that meet specified criteria. The tax applies to transactions with respect to a derivative if: (1) the derivative is traded on, or is subject to the rules of, a qualified board or exchange located in the United States; or (2) any party with rights under the derivative is a U.S. person. The bill exempts from such tax: (1) initial issues of securities; and (2) any note, bond, debenture, or other evidence of indebtedness which is traded on or is subject to the rules of, a qualified board or exchange located in the United States, and has a fixed maturity of not more than 100 days. The tax applies to transactions by a controlled foreign corporation and must be paid by its U.S. shareholders. The bill allows an offset against such tax for contributions to certain tax-favored savings accounts.


SECTION 1. MODIFICATIONS OF TREATMENT OF QUALIFIED ZONE ACADEMY BONDS. (a) Proceeds of Bonds May Be Used for Construction.--Paragraph (5) of section 1397E(d) of the Internal Revenue Code of 1986 (defining qualified purpose) is amended-- (1) by striking ``rehabilitating or repairing'' in subparagraph (A) and inserting ``constructing, rehabilitating, or repairing'', and (2) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E), respectively, and by inserting after subparagraph (A) the following: ``(B) acquiring the land on which the facility is to be constructed,''. (b) Repeal of Limitation on Taxpayers Eligible for Credit.-- (1) In general.--Section 1397E(a) of such Code (relating to allowance of credit) is amended by striking ``an eligible taxpayer'' and inserting ``a taxpayer''. (2) Conforming amendment.--Section 1397E(d)(6) of such Code is amended to read as follows: ``(6) Bonds held by regulated investment companies.--If any qualified zone academy 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.'' (c) Credits May Be Stripped.--Section 1397E of such Code is amended by adding at the end the following new subsection: ``(i) Credits May Be Stripped.--Under regulations prescribed by the Secretary-- ``(1) In general.--There may be a separation (including at issuance) of the ownership of a qualified zone academy bond and the entitlement to the credit under this section with respect to such bond. In case of any such separation, the credit under this section shall be allowed to the person who on the credit allowance date holds the instrument evidencing the entitlement to the credit and not to the holder of the bond. ``(2) Certain rules to apply.--In the case of a separation described in paragraph (1), the rules of section 1286 shall apply to the qualified zone academy bond as if it were a stripped bond and to the credit under this section as if it were a stripped coupon.'' (d) Allocation of Credit Authority.-- (1) Allocation of limitation.--Section 1397(e)(2) of the Internal Revenue Code of 1986 is amended to read as follows: ``(2) Allocation of limitation.-- ``(A) Allocation among states.-- ``(i) 1998, 1999, 2000, 2001, and 2002 limitations.--The national zone academy bond limitations for calendar years 1998, 1999, 2000, 2001, and 2002 shall be allocated by the Secretary among the States on the basis of their respective populations of individuals below the poverty line (as defined by the Office of Management and Budget). ``(ii) Limitation after 2002.--The national zone academy bond limitation for any calendar year after 2002 shall be allocated by the Secretary among the States in proportion to the respective amounts each such State received for basic grants under subpart 2 of part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6331 et seq.) for the most recent fiscal year ending before such calendar year. ``(B) Allocation to local educational agencies.-- The limitation amount allocated to a State under subparagraph (A) shall be allocated by the State to qualified zone academies within such State. ``(C) Designation subject to limitation amount.-- The maximum aggregate face amount of bonds issued during any calendar year which may be designated under subsection (a) with respect to any qualified zone academy shall not exceed the limitation amount allocated to such academy under subparagraph (B) for such calendar year.'' (2) Unused authority.--Section 1397E(e) of such Code (relating to limitation on amount of bonds designated) is amended-- (A) by striking ``If'' in paragraph (4) and inserting ``Except as provided in paragraph (5), if'', and (B) by adding at the end the following: ``(5) Reallocation for amounts unused for two years.-- Notwithstanding paragraph (4), rules similar to the rules of section 42(h)(3)(D) shall apply for purposes of this section.'' (e) Effective Dates.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to obligations issued after December 31, 2001. (2) Repeal of restriction on zone academy bond holders.--In the case of bonds to which section 1397E of the Internal Revenue Code of 1986 (as in effect before the date of the enactment of this Act) applies, the limitation of such section to eligible taxpayers (as defined in subsection (d)(6) of such section) shall not apply after the date of the enactment of this Act.

Summary: Amends the Internal Revenue Code to include construction as a "qualified purpose" for the spending of a "qualified zone academy bond" (95 percent of such bond proceeds must be spent on a "qualified purpose").Allows the credit retained by a regulated investment company for its holding of a zone academy bond to be distributed to the company's shareholders. Permits such credits to be stripped.