SECTION 1. SHORT TITLE. This Act may be cited as the ``HMO Guaranty Act of 2000''. SEC. DEFINITIONS. In this Act: (1) Board.--The term ``Board'' means the Board of Directors appointed under section 3(d). (2) Contractual obligation.--The term ``contractual obligation'' means an obligation by a health maintenance organization, under an agreement, policy, certificate, or evidence of coverage involving a covered individual and the organization, to pay or reimburse the covered individual (or a health care provider who provided items or services to the individual) for services provided prior to the declaration of the insolvency of the health maintenance organization, that remains unpaid at the time of such insolvency. Such term does not include claims by former employees, including medical professional employees, for deferred compensation, severance, vacation, or other employment benefits. (3) Covered individual.--The term ``covered individual'' means an enrollee or member of a health maintenance organization. (4) Guaranty fund.--The term ``Guaranty Fund'' means the Federal HMO Guaranty Fund established under section 3. (5) Health care provider.--The term ``health care provider'' means a physician, hospital, or other person that is licensed or otherwise authorized by the State to provide health care services, and that provided health care services to an enrollee of a health maintenance organization. (6) Health maintenance organization.--The term ``health maintenance organization'' has the meaning given such term by section 2791(b)(3) of the Public Health Service Act (42 U.S.C. 300gg-91(b)(3)). (7) Health maintenance organization contract.--The term ``covered health maintenance organization contract'' means a policy, certificate, or other evidence of health care coverage that is issued by a health maintenance organization. (8) Insolvent organization.--The term ``insolvent organization'' means a health maintenance organization that is declared insolvent by court of competent jurisdiction and placed under the control of a State Commissioner of Insurance for the purpose of liquidation. (9) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services, in consultation with the Secretary of Labor and the Secretary of the Treasury. (10) State.--The term ``State'' includes each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, or any agency or instrumentality thereof. (11) Uncovered expenditures.--The term ``uncovered expenditures'' means the expenditures for the provision of health care services that are the obligation of a health maintenance organization that have not been paid by such organization and for which no alternative payment arrangements have been made. SEC. 3. ESTABLISHMENT OF HMO GUARANTY FUND. (a) In General.--There is established in the Treasury of the United States a fund to be known as the HMO Guaranty Fund to be used as provided for in this Act. (b) Amounts in Fund.-- (1) In general.--There shall be deposited into the Guaranty Fund-- (A) amounts collected under section 5(a); (B) penalties collected under section 5(b); and (C) earnings on investments of monies in the Guaranty Fund. (2) Investments.-- (A) In general.--The Secretary of the Treasury shall invest amounts in the Guaranty Fund that are not required to meet current withdrawals. Such investments may be made only in interest-bearing obligations of the United States. For such purpose, such obligations may be acquired on original issue at the issue price, or by purchase of outstanding obligations at the market price. (B) Availability of income.--Any interest derived from obligations held by the Guaranty Fund and the proceeds from any sale or redemption of such obligations, are hereby appropriated to the Fund. (c) Use of Guaranty Fund.--Subject to section 4, amounts in the Guaranty Fund shall be used to make payments to a State-- (1) to pay the outstanding health care provider claims for uncovered expenditures, and to fulfill contractual obligations to covered individuals, with respect to an insolvent health maintenance organization; and (2) to provide for a temporary continuation of health care coverage for covered individuals. (d) Board of Directors.-- (1) In general.--The Guaranty Fund shall be administered by a Board of Directors to be composed of 9 individuals of which-- (A) three directors shall be appointed by the National Association of Insurance Commissioners from among individuals who serve as insurance regulators of a State; (B) three directors shall be appointed by a national association which represents the health maintenance organization industry of all States (as determined by the Secretary) from among representatives of health maintenance organizations; and (C) three directors shall be-- (i) the Secretary of the Treasury, or the designee of the Secretary; (ii) the Secretary of Health and Human Services, or the designee of the Secretary; and (iii) the Secretary of Labor, or the designee of the Secretary. (2) Terms, vacancies.--The members of the Board shall establish the terms of service of the members of the Board appointed under subparagraphs (A) and (B) of paragraph (1). Any vacancy in the Board shall not affect its powers, and shall be filled in the same manner as the original appointment. (3) Compensation of members.-- (A) In general.--Except as provided in subparagraph (B), each member of the Board who is not an officer or employee of the Federal Government shall serve without compensation. All members of the Board who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (B) Travel expenses.--The members of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Board. Such expenses shall be paid from the Guaranty Fund. (4) Voting.--Each member of the Board shall have 1 vote. The Board shall set policy and decide all matters by a simple majority of the votes cast. (5) Chairperson.--The Board shall elect a chairperson from among its members. (6) Meetings.--The Board shall first meet not later than 30 days after the date on which all members are appointed under paragraph (1). Subsequent meetings shall be at the call of the chairperson. The Board may hold public hearings after giving proper notice. (7) Fiduciary duty.--With respect to the members of the Board that are not appointed under paragraph (1)(A), in carrying out the duties of the Board such members shall have a fiduciary duty to the Guaranty Fund that shall supersede any duty to an employer or other special interest that the member may otherwise represent. (8) Limitations on liability.--A member of the Board shall not be liable, or in any way responsible, for the obligations of the Guaranty Fund. (e) Duties.--The Board shall-- (1) administer the Guaranty Fund; (2) adopt bylaws that permit the Board to enter into contracts to receive contributions and make distributions in accordance with this Act; (3) establish the application criteria and materials necessary to enable a State to submit an application to the Guaranty Fund; (4) review and make determination on applications received under section 4(b); and (5) carry out other activities in accordance with this Act. SEC. 4. EXPENDITURES FROM THE GUARANTY FUND. (a) In General.--The Guaranty Fund shall be used to make payments to a State to enable such State to pay the claims of health care providers for health care services provided to covered individuals prior to the declaration of insolvency of a health maintenance organization and to provide for a temporary continuation of health care coverage for such individuals. (b) Procedure.-- (1) In general.--Upon the declaration by a court of competent jurisdiction that a health maintenance organization is insolvent, the official responsible for regulating health insurance in the State in which the declaration is made may submit an application to the Guaranty Fund for payment under this Act. (2) Contents of application.--An application submitted by a State under paragraph (1) shall include the following: (A) Liquidation of assets and return of unused funds.--The application shall contain an accounting of amounts received (or expected to be received) as a result of the liquidation of the assets of the insolvent organization. (B) Fund amount.--The application shall contain a request for a specific amount of funds that will be used for the uncovered expenditures and contractual obligations of an insolvent organization. (C) Uncovered expenditures.--The application shall contain an estimate of the aggregate number of uncovered individuals and aggregate amount of uncovered expenditures with respect to the insolvent organization involved. (D) Continuation coverage.--The application shall contain an estimate of the aggregate amount of funds needed to provide continuation coverage to uncovered individuals. (c) Consideration by Board.--Not later than 30 days after the date on which the Guaranty Fund receives a completed application from a State under subsection (b), the Board shall make a determination with respect to payments to the States. (d) Limitation.--The aggregate amount that may be paid to a State under this section with respect to a single uncovered individual shall not exceed $300,000. (e) Use for Continuation Coverage.-- (1) In general.--A State may use amounts provided under this section to provide for the continuation of health care coverage for an uncovered individual through a health maintenance organization or other health care coverage that has been determined appropriate by the official responsible for regulating health insurance in the State in collaboration with the Board. (2) Limitation.--The period of continuation coverage with respect to an uncovered individual under paragraph (1) shall terminate on the earlier of-- (A) the date that is 1 year after the date on which the health maintenance organization was declared insolvent; or (B) or the date on which the contractual obligation of the health maintenance organization to the individual was to terminate. (f) Repayment of Funds.--The State shall repay to the Guaranty Fund an amount equal to-- (1) any amounts not utilized by the State on the date on which the liquidation of the insolvent organization is completed; and (2) any amounts recovered through liquidation that have not been accounted for in the application of the State under subsection (b)(2)(A). SEC. 5. CONTRIBUTIONS TO THE GUARANTY FUND. (a) Assessment on Health Maintenance Organizations.-- (1) In general.--Not later than January 1, 2001, and every 6 months thereafter, each health maintenance organization that is licensed by a State to provide health care coverage shall pay to the Guaranty Fund an amount to be determined in accordance with an assessment schedule to be established by the Secretary not later than 180 days after the date of enactment of this Act. (2) Deferment.--The Board, after consultation with the official responsible for regulating health insurance in the State involved may exempt, abate, or defer, in whole or in part, the assessment of a health maintenance organization under paragraph (1) if the organization demonstrates that the payment of the assessment would endanger the ability of the organization to fulfill its contractual obligations or place the organization in an unsound financial condition. (3) Prohibition.--A health maintenance organization shall not adjust the amount of premiums paid by enrollees to account for the assessment paid under paragraph (1). (b) Failure to Pay.--A health maintenance organization that fails to pay an assessment under subsection (a)(1) within 30 days after the date on which such assessment was to be paid shall be subject to a civil penalty in an amount not to exceed $1,000 per day. SEC. 6. STATE PREEMPTION. (a) In General.--Nothing in this Act shall be construed to preempt or supersede any provision of State law that establishes, implements, or continues in effect any standard or requirement relating to health maintenance organizations. (b) Definition.--In this section, the term ``State law'' means all laws, decisions, rules, regulations or other State actions that have the effect of law.

Summary: Requires each HMO that is licensed by a State to provide health care coverage to make biannual payments to the Guaranty Fund in accordance with an assessment schedule to be established by the Secretary of Health and Human Services. Permits deferrals or exemptions if an HMO demonstrates that payment of the assessment would endanger its ability to fulfill contractual obligations or place it in an unsound financial condition. Prescribes a civil penalty for failure to pay.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Access to Child Care Act''. SEC. 2. CHILD CARE ASSISTANCE FOR VETERANS RECEIVING MENTAL HEALTH CARE AND OTHER INTENSIVE HEALTH CARE SERVICES PROVIDED BY THE DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Subchapter III of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 1730B. Child care assistance for veterans receiving mental health care and other intensive health care services ``(a) In General.--The Secretary shall provide child care assistance to an eligible veteran for any period that the veteran-- ``(1) receives covered health care services at a facility of the Department; and ``(2) is required travel to and return from such facility for the receipt of such health care services. ``(b) Child Care Assistance.--(1) Child care assistance provided under this section may include any of the following: ``(A) A stipend for the payment of child care offered by a licensed child care center (either directly or through a voucher program) which shall be, to the extent practicable, modeled after the Department of Veterans Affairs Child Care Subsidy Program established pursuant to section 590 of title 40. ``(B) Direct provision of child care at an on-site facility of the Department. ``(C) A payment made directly to a private child care agency. ``(D) A collaboration with a facility or program of another Federal department or agency. ``(E) Such other form of assistance as the Secretary considers appropriate. ``(2) In the case that child care assistance under this section is provided as a stipend under paragraph (1)(A), such stipend shall cover the full cost of such child care. ``(c) Definitions.--In this section: ``(1) The term `eligible veteran' means a veteran who-- ``(A) is the primary caretaker of a child or children; and ``(B) is-- ``(i) receiving covered health care services from the Department; or ``(ii) in need of covered health care services, and but for lack of child care services, would receive such covered health care services from the Department. ``(2) The term `covered health care services' means-- ``(A) regular mental health care services; ``(B) intensive mental health care services; or ``(C) such other intensive health care services that the Secretary determines that provision of assistance to the veteran to obtain child care would improve access to such health care services by the veteran.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1730A the following new item: ``1730B. Child care assistance for veterans receiving mental health care and other intensive health care services.''. SEC. 3. EXTENSION OF REDUCTION IN AMOUNT OF PENSION FURNISHED BY DEPARTMENT OF VETERANS AFFAIRS FOR CERTAIN VETERANS COVERED BY MEDICAID PLANS FOR SERVICES FURNISHED BY NURSING FACILITIES. Section 5503(d)(7) of title 38, United States Code, is amended by striking ``September 30, 2024'' and inserting ``September 30, 2026''. SEC. 4. EXTENSION OF REQUIREMENT FOR COLLECTION OF FEES FOR HOUSING LOANS GUARANTEED BY SECRETARY OF VETERANS AFFAIRS. Section 3729(b)(2) of title 38, United States Code, is amended-- (1) in subparagraph (A)-- (A) in clause (iii), by striking ``September 30, 2024'' and inserting ``December 31, 2024''; and (B) in clause (iv), by striking ``September 30, 2024'' and inserting ``December 31, 2024''; (2) in subparagraph (B)-- (A) in clause (i), by striking ``September 30, 2024'' and inserting ``December 31, 2024''; and (B) in clause (ii), by striking ``September 30, 2024'' and inserting ``December 31, 2024''; (3) in subparagraph (C)-- (A) in clause (i), by striking ``September 30, 2024'' and inserting ``December 31, 2024''; and (B) in clause (ii), by striking ``September 30, 2024'' and inserting ``December 31, 2024''; and (4) in subparagraph (D)-- (A) in clause (i), by striking ``September 30, 2024'' and inserting ``December 31, 2024''; and (B) in clause (ii), by striking ``September 30, 2024'' and inserting ``December 31, 2024''. Passed the House of Representatives July 28, 2017. Attest: KAREN L. HAAS, Clerk.

Summary: Veterans' Access to Child Care Act (Sec. 2) This bill directs the Department of Veterans Affairs (VA) to provide child care assistance to an eligible veteran for any period that the veteran: (1) receives covered health care services at a VA facility, and (2) is required to travel to and return from such facility for the receipt of such services. The bill defines: (1) "covered health care services" to mean regular mental health care services, intensive mental health care services, or such other intensive health care services to which the VA determines that provision of child care assistance would improve the veteran's access; and (2) "eligible veteran" as a veteran who is the primary caretaker of a child and who is receiving covered health care services from the VA or who is in need of, and who would receive, such services from the VA but for lack of child care. Included among child care assistance to be provided under this bill are: a stipend for the payment of the full cost of child care offered by a licensed child care center, which shall be modeled after the VA's Child Care Subsidy Program; direct provision of child care at an on-site VA facility; a payment made directly to a private child care agency; and collaboration with a facility or program of another federal department or agency. (Sec. 3) The bill extends through September 30, 2026, the $90 monthly limit on a VA pension paid to veterans residing in nursing homes when their nursing costs are paid through title XIX (Medicaid) of the Social Security Act. (Sec. 4) The bill extends through December 31, 2024, VA authority to collect funding fees for certain VA, VA-guaranteed, or VA-insured housing loans.


SECTION 1. AWARD OF PURPLE HEART TO MEMBERS OF THE ARMED FORCES KILLED OR WOUNDED IN TERRORIST ATTACKS WITHIN THE UNITED STATES. (a) Findings.--Congress makes the following findings: (1) The Final Report of the National Commission on Terrorist Attacks Upon the United States (commonly known as the ``9/11 Commission Report'') recognizes that there is a certain ideology that gives rise to terrorism. (2) This ideology that gives rise to terrorism can even influence citizens and residents of the United States to perpetrate attacks within the United States against members of the Armed Forces. (3) Two such attacks have already occurred within the United States, one at a recruiting station in Little Rock, Arkansas, on June 1, 2009, and one at Fort Hood, Texas, on November 5, 2009. (4) According to investigative reports released by the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate at least 33 threats, plots, and strikes related to domestic terrorism against United States military communities have been uncovered since September 11, 2001. (5) These threats, plots, and strikes demonstrate that members of the Armed Forces are at risk of terrorist attack not only when deployed overseas, but also while stationed within the United States. (6) The Department of Defense has recognized the threat posed by terrorist attacks, including those perpetrated by a member of the Armed Forces, by issuing revised regulations, including Army Regulation 381-12 regarding the Military Intelligence Threat Awareness and Reporting Program, to require reporting of potential terrorist insider threat activity, including when a member of the Armed Forces is ``advocating the use of unlawful violence or force to achieve goals that are political, religious, or ideological in nature''. (b) Sense of Congress.--It is the sense of Congress that the Secretary of Defense (and the Secretary of Homeland Security with respect to the Coast Guard) should duly honor those members of the Armed Forces who are killed or wounded in terrorist attacks within the United States that are inspired by the ideology that gives rise to terrorism, as defined by the Final Report of the National Commission on Terrorist Attacks Upon the United States (commonly known as the ``9/11 Commission Report''). (c) Award of Purple Heart.-- (1) Award required.--Chapter 57 of title 10, United States Code, is amended by inserting after section 1129 the following new section: ``Sec. 1129a. Purple Heart: members killed or wounded by terrorist attacks perpetrated within the United States ``(a) For purposes of the award of the Purple Heart, the Secretary concerned shall treat a member of the armed forces described in subsection (b) in the same manner as a member who is killed or wounded in action as the result of an act of the enemy of the United States. ``(b)(1) A member of the armed forces described in this subsection is a member who the Secretary concerned determines was killed or wounded in a terrorist attack within the United States perpetrated by an individual or individuals expressing a political, religious, or ideological obligation to engage in unlawful violence directed against United States military operations or foreign policy, as described in Army Regulation 318-12 of October 2010 regarding the Military Intelligence Threat Awareness and Reporting Program. ``(2) In this subsection, the term `terrorist attack' means the calculated use of violence or threat of violence to inculcate fear intended to coerce or to intimidate governments or societies in the pursuit of goals that are generally political, religious, or ideological, as described in the Army Regulation referred to in paragraph (1). ``(3) In implementing this section, the Secretary concerned shall make no distinction between `international terrorism' and `domestic terrorism', as those terms are defined in section 2331 of title 18. ``(4) If a terrorist attack referred to in paragraph (1) includes, as victims, members of more than one armed force, the determination required by such paragraph shall be made jointly by the Secretaries of the armed forces concerned. ``(c) Subsection (a) shall not apply to a member of the armed forces whose death or wound is the result of the willful misconduct of the member. ``(d) Nothing in this section shall be interpreted-- ``(1) to affect the designation of any individual alleged to have perpetrated an attack referred to in subsection (b)(1) as an enemy combatant for any purposes under law; or ``(2) to preempt or otherwise affect any legal proceedings relating to such an attack.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 57 of such title is amended by inserting after the item relating of section 1129 the following new item: ``1129a. Purple Heart: members killed or wounded by terrorist attacks perpetrated within the United States.''. (3) Retroactive effective date and application.-- (A) Effective date.--The amendments made by this subsection shall take effect as of January 1, 2009. (B) Review of certain previous incidents.--The Secretaries of the military departments (and the Secretary of Homeland Security with respect to the Coast Guard) shall undertake a review of each death or wounding of a member of the Armed Forces that occurred within the United States between January 1, 2009, and the date of the enactment of this Act under circumstances that could qualify the death or wounding as being the result of a terrorist attack within the United States to determine whether the death or wounding does qualify as a death or wounding resulting from a terrorist attack within the United States for purposes of section 1129a of title 10, United States Code, as added by this subsection. (C) Actions following review.--If the death or wounding of a member of the Armed Forces reviewed under subparagraph (B) is determined to qualify as a death or wounding resulting from a terrorist attack within the United States for purposes of such section 1129a, the Secretary of the military department concerned (or the Secretary of Homeland Security with respect to a member of the Coast Guard) shall take appropriate action under such section to award the Purple Heart to the member.

Summary: Expresses the sense of Congress that the Secretary of Defense (DOD), and the Secretary of Homeland Security (DHS) with respect to the Coast Guard, should duly honor those members of the Armed Forces who are killed or wounded in the United States in terrorist attacks that are inspired by the ideology that gives rise to terrorism, as defined by the Final Report of the National Commission on Terrorist Attacks Upon the United States. Provides that, for purposes of awarding the Purple Heart, the Secretary of the military department concerned shall treat a member of the Armed Forces who is killed or wounded in a terrorist attack within the United States in the same manner as a member killed or wounded in action due to an act of an enemy of the United States. Makes this Act effective as of January 1, 2009. Directs the Secretaries concerned to: (1) review each death or wounding of a member within the United States between January 1, 2009, and the date of enactment of this Act to determine whether such death or wounding qualifies as a death or wounding resulting from a terrorist attack for purposes of this Act; and (2) upon a positive determination, take appropriate action.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Flint Hills Preservation Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Flint Hills Region of Kansas and Oklahoma contains the world's largest share of the remaining tallgrass prairie, and is the only place where that habitat is in landscape proportions. Only 4 percent of North America's presettlement tallgrass prairie survives to this day, and 80 percent is located in Kansas. (2) The Flint Hills Region is also home to certain declining avian species such as the greater prairie chicken and Henslow's sparrow that cannot continue to exist without large expanses of native tallgrass prairie in an original state. Further, it is a significant corridor for migrating shorebirds such as the American golden plover, the buff-breasted sand- piper, and the upland sandpiper. (3) Beginning in the mid-19th century, cattlemen understood that the richness of the Flint Hills grasses depended on a good spring burn--something they learned from the Native Americans. Fire still thrives in the Flint Hills because the ranchers, and others using the land, know that the natural ecosystem depends on fire. (4) Ranchers, landowners, and conservation groups use prescribed burns to mimic the seasonal fires that have shaped the tallgrass prairie for thousands of years. Areas not burned for several years develop mature grasses and thicker, thatch- like vegetation, which habitat is preferred by invasive species. (5) The Flint Hills Region is one of the few places in the United States where the prevailing agricultural system works essentially in tandem with an ancestral native ecosystem, preserving most of its complexity and the dynamic processes that helped shape it. (6) Due to the uniqueness of the Flint Hills tallgrass prairie and the historic manner in which the tallgrass prairie has been managed by fire, existing prescribed burn practices should be allowed to continue and ambient air data resulting from fires used to manage the Flint Hills tallgrass prairie should be not be included in determinations of compliance with the Clean Air Act. SEC. 3. PRESCRIBED FIRES. The Clean Air Act (42 U.S.C. 7401 et seq.) is amended by inserting after section 329 the following: ``SEC. 330. PRESCRIBED FIRES IN THE FLINT HILLS REGION. ``(a) In General.--In determining whether, with respect to a specific air pollutant, an exceedance or violation of a national ambient air quality standard has occurred for purposes of this Act, a State and the Administrator shall exclude data from a particular air quality monitoring location if emissions from one or more prescribed fires in the Flint Hills Region cause a concentration of the air pollutant at the location to be in excess of the standard. ``(b) Specific Limitations.--If emissions data is excluded under subsection (a) from a particular air quality monitoring station because of emissions from one or more prescribed fires in the Flint Hills Region-- ``(1) the Administrator shall not, as a result of such emissions, find under section 113 that a State has failed to enforce, or that a person has violated, a State implementation plan (for national primary or secondary ambient air quality standards) under section 110; and ``(2) a State shall not, as a result of such emissions, find that a person has violated, or bring an enforcement action for violation of, a State implementation plan (for national primary or secondary ambient air quality standards) under section 110. ``(c) Prohibition Against Smoke Management Plans.--The Administrator shall not require, and a State shall not adopt, a smoke management plan under this Act in connection with any prescribed fire in the Flint Hills Region. ``(d) Not a Stationary Source.--No building, structure, facility, or installation may be treated as a stationary source under section 111 as a result of one or more prescribed fires in the Flint Hills Region. ``(e) No Title V Permit Required.--No person shall be required to obtain or modify a permit under title V in connection with a prescribed fire in the Flint Hills Region. ``(f) Definition.--In this section: ``(1) The term `Flint Hills Region'-- ``(A) means the band of hills in eastern Kansas that stretch into north-central Oklahoma; and ``(B) includes-- ``(i) Butler, Chase, Chautauqua, Clay, Cowley, Dickinson, Elk, Geary, Greenwood, Harvey, Jackson, Lyon, Marion, Marshall, Morris, Ottawa, Pottawatomie, Riley, Saline, Shawnee, Wabaunsee, Washington, and Woodson Counties in Kansas; and ``(ii) Osage, Tulsa, and Washington counties in Oklahoma. ``(2) The term `prescribed fire' means a fire that is set or managed by a person with the goal of enhancing a fire- dependent ecosystem or enhancing the productivity of agricultural grazing land, irrespective of the frequency with which the burn occurs.''.

Summary: Flint Hills Preservation Act - Amends the Clean Air Act to require states and the Administrator of the Environmental Protection Agency (EPA), in determining whether an exceedance or violation of a national ambient air quality standard has occurred with respect to a specific air pollutant, to exclude data from a particular air quality monitoring location if emissions from prescribed fires in the Flint Hills Region cause a concentration of the air pollutant at the location to be in excess of the standard. Prohibits, if such emission data is excluded: (1) the Administrator from finding that a state has failed to enforce, or that a person has violated, a state implementation plan (SIP) for national primary or secondary ambient air quality standards as a result of such emissions; or (2) a state from finding that a person has violated, or from bringing an enforcement action for violation of, a SIP for such standards as a result of such emissions. Prohibits: (1) the Administrator from requiring, or a state from adopting, a smoke management plan under such Act in connection with any prescribed fire in such region; and (2) a building, structure, facility, or installation from being treated as a stationary source under new stationary source performance standards as a result of such prescribed fires. Provides that no person shall be required to obtain or modify an operating permit under Title V of the Clean Air Act in connection with such a prescribed fire.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Agency Anti-Lobbying Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) Federal agency employees have used appropriated funds to foster public support and opposition to legislation pending before the Congress; (2) there are conflicting interpretations of the existing anti-lobbying restrictions; and (3) the use of appropriated funds derived from tax revenues paid to the Treasury by all Americans to preferentially support or oppose pending legislation is inappropriate and improper. (b) Purpose.--The purpose of this Act is to establish a civil prohibition on the expenditure of appropriated funds by Federal agencies for lobbying purposes and to make clear that such funds may not be used in any manner or in any amount, however small, to organize efforts to affect the outcome of congressional action by appealing directly or indirectly for public support. SEC. 3. PROHIBITION ON USE OF APPROPRIATED FUNDS FOR LOBBYING BY FEDERAL AGENCIES. (a) In General.--Subchapter III of chapter 13 of title 31, United States Code, is amended by adding at the end the following new section: ``Sec. 1354. Prohibition on lobbying by Federal agencies ``(a) Prohibition.--Except as provided in subsection (b), until or unless such activity has been specifically authorized by an Act of Congress and notwithstanding any other provision of law, no funds made available to any Federal agency by appropriation shall be used by such agency for any activity (including the preparation, publication, distribution, or use of any kit, pamphlet, booklet, public presentation, news release, radio, television, or film presentation, video, or other written or oral statement) that is intended to promote public support or opposition to any legislative proposal (including the confirmation of the nomination of a public official or the ratification of a treaty) on which congressional action is not complete. ``(b) Exceptions.-- ``(1) President and vice president.--Subsection (a) shall not apply to the President or Vice President. ``(2) Congressional communications.--Subsection (a) shall not be construed to prevent any officer or employee of a Federal agency from-- ``(A) communicating directly to a Member of Congress (or to any staff of a Member or committee of Congress) a request for legislation or appropriations that such officer or employee deems necessary for the efficient conduct of the public business; or ``(B) responding to a request for information or technical assistance made by a Member of Congress (or by any staff of a Member or committee of Congress). ``(3) Public communications on views of president.-- Subsection (a) shall not be construed to prevent any Federal agency official whose appointment is confirmed by the Senate, any official in the Executive Office of the President directly appointed by the President or Vice President, or the head of any Federal agency described in subsection (d)(2), from communicating with the American public, through radio, television, or other public communication media, on the views of the President for or against any pending legislative proposal. The preceding sentence shall not permit any such official to delegate to another person the authority to make communications subject to the exemption provided by such sentence. ``(c) Comptroller General.-- ``(1) Assistance of inspector general.--In exercising the authority provided in section 712, as applied to this section, the Comptroller General may obtain, without reimbursement from the Comptroller General, the assistance of the Inspector General within whose Federal agency activity prohibited by subsection (a) of this section is under review. ``(2) Evaluation.--One year after the date of the enactment of this section, the Comptroller General shall report to the Committee on Government Reform and Oversight of the House of Representatives and the Committee on Governmental Affairs of the Senate on the implementation of this section. ``(3) Annual report.--The Comptroller General shall, in the annual report under section 719(a), include summaries of investigations undertaken by the Comptroller General with respect to subsection (a). ``(d) Definition.--For purposes of this section, the term `Federal agency' means-- ``(1) any executive agency, within the meaning of section 105 of title 5; and ``(2) any private corporation created by a law of the United States for which the Congress appropriates funds.''. (b) Conforming Amendment.--The table of sections for chapter 13 of title 31, United States Code, is amended by inserting after the item relating to section 1353 the following new item: ``1354. Prohibition on lobbying by Federal agencies.''. (c) Applicability.--The amendments made by this section shall apply to the use of funds after the date of the enactment of this Act, including funds appropriated or received on or before such date.

Summary: Federal Agency Anti-Lobbying Act - Prohibits the use of any appropriated funds by Federal agencies for any activity that includes the preparation, publication, or distribution of any written, oral, or visual material promoting public support or opposition to any legislative proposal, including the confirmation of the nomination of a public official or ratification of a treaty on which congressional action is not complete, with the exception of: (1) the President; (2) Vice-President; (3) specified congressional communications; and (4) public communications by any Federal agency official on the views of the President for or against any pending legislative proposal.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Good IRA Rollover Act of 2009''. SEC. 2. TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT ACCOUNTS FOR CHARITABLE PURPOSES. (a) In General.--Paragraph (8) of section 408(d) of the Internal Revenue Code of 1986 (relating to tax treatment of distributions) is amended to read as follows: ``(8) Distributions for charitable purposes.-- ``(A) In general.--No amount shall be includible in gross income by reason of a qualified charitable distribution. ``(B) Qualified charitable distribution.--For purposes of this paragraph, the term `qualified charitable distribution' means any distribution from an individual retirement account-- ``(i) which is made directly by the trustee-- ``(I) to an organization described in section 170(c), or ``(II) to a split-interest entity, and ``(ii) which is made on or after the date that the individual for whose benefit the account is maintained has attained-- ``(I) in the case of any distribution described in clause (i)(I), age 70\1/2\, and ``(II) in the case of any distribution described in clause (i)(II), age 59\1/2\. A distribution shall be treated as a qualified charitable distribution only to the extent that the distribution would be includible in gross income without regard to subparagraph (A) and, in the case of a distribution to a split-interest entity, only if no person holds an income interest in the amounts in the split-interest entity attributable to such distribution other than one or more of the following: the individual for whose benefit such account is maintained, the spouse of such individual, or any organization described in section 170(c). ``(C) Contributions must be otherwise deductible.-- For purposes of this paragraph-- ``(i) Direct contributions.--A distribution to an organization described in section 170(c) shall be treated as a qualified charitable distribution only if a deduction for the entire distribution would be allowable under section 170 (determined without regard to subsection (b) thereof and this paragraph). ``(ii) Split-interest gifts.--A distribution to a split-interest entity shall be treated as a qualified charitable distribution only if a deduction for the entire value of the interest in the distribution for the use of an organization described in section 170(c) would be allowable under section 170 (determined without regard to subsection (b) thereof and this paragraph). ``(D) Application of section 72.--Notwithstanding section 72, in determining the extent to which a distribution is a qualified charitable distribution, the entire amount of the distribution shall be treated as includible in gross income without regard to subparagraph (A) to the extent that such amount does not exceed the aggregate amount which would have been so includible if all amounts in all individual retirement plans of the individual were distributed during the taxable year and all such plans were treated as 1 contract for purposes of determining under section 72 the aggregate amount which would have been so includible. Proper adjustments shall be made in applying section 72 to other distributions in such taxable year and subsequent taxable years. ``(E) Special rules for split-interest entities.-- ``(i) Charitable remainder trusts.-- Notwithstanding section 664(b), distributions made from a trust described in subparagraph (G)(i) shall be treated as ordinary income in the hands of the beneficiary to whom is paid the annuity described in section 664(d)(1)(A) or the payment described in section 664(d)(2)(A). ``(ii) Pooled income funds.--No amount shall be includible in the gross income of a pooled income fund (as defined in subparagraph (G)(ii)) by reason of a qualified charitable distribution to such fund, and all distributions from the fund which are attributable to qualified charitable distributions shall be treated as ordinary income to the beneficiary. ``(iii) Charitable gift annuities.-- Qualified charitable distributions made for a charitable gift annuity shall not be treated as an investment in the contract. ``(F) Denial of deduction.--Qualified charitable distributions shall not be taken into account in determining the deduction under section 170. ``(G) Split-interest entity defined.--For purposes of this paragraph, the term `split-interest entity' means-- ``(i) a charitable remainder annuity trust or a charitable remainder unitrust (as such terms are defined in section 664(d)) which must be funded exclusively by qualified charitable distributions, ``(ii) a pooled income fund (as defined in section 642(c)(5)), but only if the fund accounts separately for amounts attributable to qualified charitable distributions, and ``(iii) a charitable gift annuity (as defined in section 501(m)(5)).''. (b) Effective Date.--The amendment made by this section shall apply to distributions made in taxable years beginning after December 31, 2008.

Summary: Public Good IRA Rollover Act of 2009 - Amends the Internal Revenue Code to revise the tax exclusion of distributions from individual retirement accounts (IRAs) for charitable purposes to: (1) make such exclusion permanent; (2) eliminate the $100,000 cap on such exclusion; (3) permit tax-free distributions from IRAs to a split-interest entity (i.e., a charitable remainder annuity or unitrust, a pooled income fund, and a charitable gift annuity); and (4) allow distributions to a split-interest entity to be made when the account beneficiary attains age 59-1/2 (otherwise, age 70-1/2 for IRA distributions to a charitable organization).


SECTION 1. SHORT TITLE. This Act may be cited as the ``Mercury-Safe Seafood Act of 2001''. SEC. 2. FINDINGS. Congress finds that-- (1) mercury pollution from coal-fired power plants, waste incinerators, and other anthropogenic sources continues to contaminate inland waterways and territorial waters of the United States; (2) mercury accumulates in fish as methylmercury and is passed on to humans that eat those fish; (3) methylmercury is a potent neurotoxin that, even in small quantities-- (A) can cause serious damage to the human central nervous system and adverse effects on many other systems in the human body; (B) is especially harmful to pregnant women and young children; and (C) puts an estimated 60,000 newborns at risk for adverse neurodevelopmental effects each year in the United States from in utero exposure; (4) certain commercial seafood species can have dangerously high levels of methylmercury, as evidenced by Food and Drug Administration data acquired in the 1990's, up to the time that the agency discontinued domestic sampling in 1998; (5) the Food and Drug Administration's long-standing action level of 1.0 parts per million for methylmercury in fish-- (A) is out of date; and (B) according to scientific evidence, does not adequately protect pregnant women and young children; (6) the comprehensive Mercury Study Report to Congress issued by the Environmental Protection Agency in December 1997 recommended a methylmercury consumption limit of 0.1 micrograms per kilogram of body weight per day, which is 5 times lower than the Food and Drug Administration's current action level; (7) the report entitled ``Toxicological Effects of Methylmercury'', issued by the National Academy of Sciences in July 2000, confirmed that the Environmental Protection Agency's limit is ``scientifically justifiable for the protection of public health''; (8) the report entitled ``Food Safety: Federal Oversight of Seafood Does Not Sufficiently Protect Consumers'', issued by the General Accounting Office in February 2001, highlights the inadequacies of Food and Drug Administration guidance regarding methylmercury in commercial seafood; (9) many States have been forced to issue mercury advisories for inland waterways and health warnings regarding the fish that may be caught in those waterways; and (10) some States have also issued mercury advisories for commercial seafood. SEC. 3. TOLERANCE FOR METHYLMERCURY IN SEAFOOD. Chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341 et seq.) is amended-- (1) in section 402(a)(2), by inserting after ``section 512; or'' the following: ``(D) if it is seafood that bears or contains methylmercury that is unsafe within the meaning of section 406A(a); or''; and (2) by inserting after section 406 the following: ``SEC. 406A. TOLERANCE FOR METHYLMERCURY IN SEAFOOD. ``(a) In General.--Not later than 1 year after the date of enactment of this section, the Secretary shall by regulation establish a tolerance for the presence of methylmercury in seafood. ``(b) Requirements.--The tolerance established under subsection (a) shall-- ``(1) be based on a scientific analysis of the health risks attributable to methylmercury; and ``(2) be set at a level for which the Secretary determines that there is a reasonable certainty that no harm will result from aggregate exposure to methylmercury in seafood, including all anticipated dietary exposures for which there is reliable information. ``(c) Seafood Deemed Unsafe.--Any seafood bearing or containing methylmercury shall be deemed to be unsafe for purposes of section 402(a)(2)(D) unless the quantity of methylmercury is within the limits of the tolerance. ``(d) Pregnant Women, Infants, and Children.--In establishing or modifying the tolerance under subsection (a), the Secretary shall ensure that there is a reasonable certainty that no harm will result to pregnant women, infants, and children from aggregate exposure to methylmercury. ``(e) Sampling System.-- ``(1) In general.--Not later than 18 months after the date of enactment of this section, the Secretary, after consultation with the Secretary of Agriculture, shall establish a system for the collection and analysis of samples of seafood to determine the extent of compliance with the tolerance under subsection (a). ``(2) Monitoring.--The sampling system shall provide statistically valid monitoring (including market-basket studies) with respect to compliance with the tolerance. ``(3) Avoidance of duplication of effort.--To the extent practicable, the sampling system shall be consistent with, and shall be coordinated with, other seafood sampling systems that are in use, so as to avoid duplication of effort. ``(f) Public Education and Advisory System.-- ``(1) Public education.--The Secretary, in cooperation with private and public organizations (including cooperative extension services and appropriate State entities) shall design and implement a national public education program regarding the presence of methylmercury in seafood. ``(2) Features.--The program shall provide-- ``(A) information to the public regarding-- ``(i) Federal standards and good practice requirements; and ``(ii) promotion of public awareness, understanding, and acceptance of the standards and requirements; ``(B) information to health professionals so that health professionals may improve diagnosis and treatment of mercury-related illness and advise individuals whose health conditions place those individuals at particular risk; and ``(C) such other information or advice to consumers and other persons as the Secretary determines will promote the purposes of this section. ``(3) Health advisories.--The Secretary, in consultation with the Secretary of Agriculture and the Administrator of the Environmental Protection Agency, shall work with the States and other appropriate entities to-- ``(A) develop and distribute regional and national advisories concerning the presence of methylmercury in seafood; ``(B) develop standardized formats for written and broadcast advisories regarding methylmercury in seafood; and ``(C) incorporate State and local advisories into the national public education program under paragraph (1).''. SEC. 4. CONSIDERATION OF REPORT OF NATIONAL ACADEMY OF SCIENCES. In carrying out section 406A(a) of the Federal Food, Drug, and Cosmetic Act (as added by section 3), the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall consider the findings of the National Academy of Sciences regarding the Environmental Protection Agency's recommended level for methylmercury exposure and the presence of methylmercury in seafood, as such findings are described in the report issued by the National Academy of Sciences in July 2000. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) Sampling.--There is authorized to be appropriated to carry out sampling under section 406A(e) of the Federal Food, Drug, and Cosmetic Act (as added by section 3) $500,000 for each of fiscal years 2002 through 2011. (b) Public Education and Advisory System.--There is authorized to be appropriated to develop and implement the public education and advisory system under section 406A(f) of the Federal Food, Drug, and Cosmetic Act (as added by section 3) $500,000 for each of fiscal years 2002 through 2011. (c) State Support.-- (1) In general.--There is authorized to be appropriated to support efforts of the States to sample noncommercial fish and inland waterways for mercury and to produce State-specific health advisories related to mercury $2,000,000 for each of fiscal years 2002 through 2011. (2) Equitable distribution.--The Administrator of the Environmental Protection Agency shall distribute amounts made available under paragraph (1) equitably among the States through programs in existence on the date of enactment of this Act. SEC. 6. REPORT. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall submit to Congress a report on the progress of the Secretary in establishing the tolerance required by section 406A of the Federal Food, Drug, and Cosmetic Act (as added by section 3). (b) Contents.--The report shall include a description of the research that has been conducted or reviewed with respect to the tolerance.

Summary: Mercury-Safe Seafood Act of 2001 - Directs the Secretary of Health and Human Services to establish a tolerance and sampling system, and related public education and health advisory system, respecting the presence of methylmercury in seafood.Deems as unsafe any seafood not meeting such tolerance.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Police and Fire Station Modernization Act of 2008''. SEC. 2. POLICE AND FIRE DEPARTMENT BONDS. (a) In General.--Part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to credits against tax) is amended by adding at the end the following new subpart: ``Subpart I--Qualified Tax Credit Bonds ``Sec. 54A. Credit to holders of qualified tax credit bonds. ``Sec. 54B. Police and fire department bonds. ``SEC. 54A. CREDIT TO HOLDERS OF QUALIFIED TAX CREDIT BONDS. ``(a) Allowance of Credit.--If a taxpayer holds a qualified tax credit bond on one or more credit allowance dates of the bond during any taxable year, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of the credits determined under subsection (b) with respect to such dates. ``(b) Amount of Credit.-- ``(1) In general.--The amount of the credit determined under this subsection with respect to any credit allowance date for a qualified tax credit bond is 25 percent of the annual credit determined with respect to such bond. ``(2) Annual credit.--The annual credit determined with respect to any qualified tax credit bond is the product of-- ``(A) the applicable credit rate, multiplied by ``(B) the outstanding face amount of the bond. ``(3) Applicable credit rate.--For purposes of paragraph (2), the applicable credit rate is the rate which the Secretary estimates will permit the issuance of qualified tax credit bonds with a specified maturity or redemption date without discount and without interest cost to the qualified issuer. The applicable credit rate with respect to any qualified tax credit bond shall be determined as of the first day on which there is a binding, written contract for the sale or exchange of the bond. ``(4) Special rule for issuance and redemption.--In the case of a bond which is issued during the 3-month period ending on a credit allowance date, the amount of the credit determined under this subsection with respect to such credit allowance date shall be a ratable portion of the credit otherwise determined based on the portion of the 3-month period during which the bond is outstanding. A similar rule shall apply when the bond is redeemed or matures. ``(c) Limitation Based on Amount of Tax.-- ``(1) In general.--The credit allowed under subsection (a) for any taxable year shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under this part (other than subpart C and this subpart). ``(2) Carryover of unused credit.--If the credit allowable under subsection (a) exceeds the limitation imposed by paragraph (1) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year (determined before the application of paragraph (1) for such succeeding taxable year). ``(d) Qualified Tax Credit Bond.--For purposes of this section-- ``(1) Qualified tax credit bond.--The term `qualified tax credit bond' means a police and fire department bond which is part of an issue that meets the requirements of paragraphs (2), (3), (4), and (5). ``(2) Special rules relating to expenditures.-- ``(A) In general.--An issue shall be treated as meeting the requirements of this paragraph if, as of the date of issuance, the issuer reasonably expects-- ``(i) 100 percent or more of the available project proceeds to be spent for 1 or more qualified purposes within the 3-year period beginning on such date of issuance, and ``(ii) a binding commitment with a third party to spend at least 10 percent of such available project proceeds will be incurred within the 6-month period beginning on such date of issuance. ``(B) Failure to spend required amount of bond proceeds within 3 years.-- ``(i) In general.--To the extent that less than 100 percent of the available project proceeds of the issue are expended by the close of the expenditure period for 1 or more qualified purposes, the issuer shall redeem all of the nonqualified bonds within 90 days after the end of such period. For purposes of this paragraph, the amount of the nonqualified bonds required to be redeemed shall be determined in the same manner as under section 142. ``(ii) Expenditure period.--For purposes of this subpart, the term `expenditure period' means, with respect to any issue, the 3-year period beginning on the date of issuance. Such term shall include any extension of such period under clause (iii). ``(iii) Extension of period.--Upon submission of a request prior to the expiration of the expenditure period (determined without regard to any extension under this clause), the Secretary may extend such period if the issuer establishes that the failure to expend the proceeds within the original expenditure period is due to reasonable cause and the expenditures for qualified purposes will continue to proceed with due diligence. ``(C) Qualified purpose.--For purposes of this paragraph, the term `qualified purpose' means a purpose specified in section 54B(a)(1). ``(D) Reimbursement.--For purposes of this subtitle, available project proceeds of an issue shall be treated as spent for a qualified purpose if such proceeds are used to reimburse the issuer for amounts paid for a qualified purpose after the date that the Secretary makes an allocation of bond limitation with respect to such issue, but only if-- ``(i) prior to the payment of the original expenditure, the issuer declared its intent to reimburse such expenditure with the proceeds of a qualified tax credit bond, ``(ii) not later than 60 days after payment of the original expenditure, the issuer adopts an official intent to reimburse the original expenditure with such proceeds, and ``(iii) the reimbursement is made not later than 18 months after the date the original expenditure is paid. ``(3) Reporting.--An issue shall be treated as meeting the requirements of this paragraph if the issuer of qualified tax credit bonds submits reports similar to the reports required under section 149(e). ``(4) Special rules relating to arbitrage.-- ``(A) In general.--An issue shall be treated as meeting the requirements of this paragraph if the issuer satisfies the requirements of section 148 with respect to the proceeds of the issue. ``(B) Special rule for investments during expenditure period.--An issue shall not be treated as failing to meet the requirements of subparagraph (A) by reason of any investment of available project proceeds during the expenditure period. ``(C) Special rule for reserve funds.--An issue shall not be treated as failing to meet the requirements of subparagraph (A) by reason of any fund which is expected to be used to repay such issue if-- ``(i) such fund is funded at a rate not more rapid than equal annual installments, ``(ii) such fund is funded in a manner reasonably expected to result in an amount not greater than an amount necessary to repay the issue, and ``(iii) the yield on such fund is not greater than the discount rate determined under paragraph (5)(B) with respect to the issue. ``(5) Maturity limitation.-- ``(A) In general.--An issue shall not be treated as meeting the requirements of this paragraph if the maturity of any bond which is part of such issue exceeds the maximum term determined by the Secretary under subparagraph (B). ``(B) Maximum term.--During each calendar month, the Secretary shall determine the maximum term permitted under this paragraph for bonds issued during the following calendar month. Such maximum term shall be the term which the Secretary estimates will result in the present value of the obligation to repay the principal on the bond being equal to 50 percent of the face amount of such bond. Such present value shall be determined using as a discount rate the average annual interest rate of tax-exempt obligations having a term of 10 years or more which are issued during the month. If the term as so determined is not a multiple of a whole year, such term shall be rounded to the next highest whole year. ``(e) Other Definitions.--For purposes of this subchapter-- ``(1) Credit allowance date.--The term `credit allowance date' means-- ``(A) March 15, ``(B) June 15, ``(C) September 15, and ``(D) December 15. Such term includes the last day on which the bond is outstanding. ``(2) Bond.--The term `bond' includes any obligation. ``(3) State.--The term `State' includes the District of Columbia and any possession of the United States. ``(4) Available project proceeds.--The term `available project proceeds' means-- ``(A) the excess of-- ``(i) the proceeds from the sale of an issue, over ``(ii) the issuance costs financed by the issue (to the extent that such costs do not exceed 2 percent of such proceeds), and ``(B) the proceeds from any investment of the excess described in subparagraph (A). ``(f) Credit Treated as Interest.--For purposes of this subtitle, the credit determined under subsection (a) shall be treated as interest which is includible in gross income. ``(g) S Corporations and Partnerships.--In the case of a tax credit bond held by an S corporation or partnership, the allocation of the credit allowed by this section to the shareholders of such corporation or partners of such partnership shall be treated as a distribution. ``(h) Bonds Held by Regulated Investment Companies and Real Estate Investment Trusts.--If any qualified tax credit bond is held by a regulated investment company or a real estate investment trust, the credit determined under subsection (a) shall be allowed to shareholders of such company or beneficiaries of such trust (and any gross income included under subsection (f) with respect to such credit shall be treated as distributed to such shareholders or beneficiaries) under procedures prescribed by the Secretary. ``(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 tax credit 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 tax credit bond as if it were a stripped bond and to the credit under this section as if it were a stripped coupon. ``(j) Termination.--This section shall not apply to bonds issued after December 31, 2014. ``SEC. 54B. POLICE AND FIRE DEPARTMENT BONDS. ``(a) In General.--For purposes of this subpart, the term `police and fire department bond' means any bond issued as part of an issue if-- ``(1) 100 percent of the available project proceeds of such issue are to be used for capital expenditures incurred by a State or local government for one or more police or fire departments of the State or local government (as the case may be), ``(2) the bond is issued by a State or local government, and ``(3) the issuer designates such bond for purposes of this section. ``(b) Limitation on Amount of Bonds Designated.--The maximum aggregate face amount of bonds which may be designated under subsection (a) by any issuer shall not exceed the limitation amount allocated to such issuer under subsection (d). ``(c) National Limitation on Amount of Bonds Designated.--There is a national police and fire department bond limitation of $3,000,000,000. ``(d) Allocations.-- ``(1) In general.--The limitation applicable under subsection (c) shall be allocated by the Secretary among the States in proportion to the population of the States. ``(2) Allocations to largest local governments.-- ``(A) In general.--In the case of any State in which there is a large local government, each such local government shall be allocated a portion of such State's allocation which bears the same ratio to the State's allocation (determined without regard to this subparagraph) as the population of such large local government bears to the population of such State. ``(B) Allocation of unused limitation to state.-- The amount allocated under this subsection to a large local government may be reallocated by such local government to the State in which such local government is located. ``(C) Large local government.--For purposes of this section, the term `large local government' means any municipality or county if such municipality or county has a population of 500,000 or more. ``(e) Population.-- ``(1) In general.--The population of any State or local government shall be determined for purposes of this section as provided in section 146(j) for the calendar year which includes the date of the enactment of this section. ``(2) Special rule for counties.--In determining the population of any county for purposes of this section, any population of such county which is taken into account in determining the population of any municipality which is a large local government shall not be taken into account in determining the population of such county.''. (b) Reporting.--Subsection (d) of section 6049 of such Code (relating to returns regarding payments of interest) is amended by adding at the end the following new paragraph: ``(9) Reporting of credit on qualified tax credit bonds.-- ``(A) In general.--For purposes of subsection (a), the term `interest' includes amounts includible in gross income under section 54A and such amounts shall be treated as paid on the credit allowance date (as defined in section 54A(e)(1)). ``(B) Reporting to corporations, etc.--Except as otherwise provided in regulations, in the case of any interest described in subparagraph (A) of this paragraph, subsection (b)(4) of this section shall be applied without regard to subparagraphs (A), (H), (I), (J), (K), and (L)(i). ``(C) Regulatory authority.--The Secretary may prescribe such regulations as are necessary or appropriate to carry out the purposes of this paragraph, including regulations which require more frequent or more detailed reporting.''. (c) Conforming Amendments.-- (1) Sections 54(c)(2) and 1400N(l)(3)(B) of such Code are each amended by striking ``subpart C'' and inserting ``subparts C and I''. (2) Section 1397E(c)(2) of such Code is amended by striking ``subpart H'' and inserting ``subparts H and I''. (3) Section 6401(b)(1) of such Code is amended by striking ``and H'' and inserting ``H, and I''. (4) The table of subparts for part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to subpart H the following new item: ``subpart i. qualified tax credit bonds.''. (d) Effective Date.--The amendments made by this section shall apply to obligations issued after December 31, 2008. SEC. 3. APPLICATION OF CERTAIN LABOR STANDARDS ON PROJECTS FINANCED UNDER TAX CREDIT BONDS. Subchapter IV of chapter 31 of title 40, United States Code, shall apply to projects financed with the proceeds of any tax credit bond (as defined in section 54A of the Internal Revenue Code of 1986).

Summary: Police and Fire Station Modernization Act of 2008 - Amends the Internal Revenue Code to allow a tax credit for investment in bonds to finance capital expenditures for state and local police or fire departments. Terminates such credit after 2014.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Cyber Security Information Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1)(A) Many information technology computer systems, software programs, and similar facilities are essential to the functioning of markets, commerce, consumer products, utilities, government, and safety and defense systems, in the United States and throughout the world. (B) Protecting systems and products against domestic and international attacks or misuse through the Internet, public, or private telecommunications systems, or similar means is a matter of national and global interest. (C) Such protection is best accomplished through private sector solutions that are market driven and industry led because the private sector owns, operates, and has developed many of the networks, products, and services that constitute the information infrastructure. (D) Government should work cooperatively with industry on a voluntary basis to achieve such protection and should not mandate the private sector use particular technologies, dictate standards, or impose undue costs. (2) The prompt, voluntary, candid, and thorough, but secure and protected, disclosure and exchange of information related to the cyber security of entities, systems, and infrastructure-- (A) would greatly enhance the ability of private and public entities to improve their cyber security; (B) would measurably contribute to avoidance of financial risk and loss resulting from disruption or harm to critical institutional elements of the United States economy, including but not limited to securities exchanges, banking and other financial services institutions, communications networks, transportation systems, manufacturing, information technology, health care, government services, and electric utilities and energy providers, or from serious damage to public confidence in such critical institutional elements; and (C) is therefore a vital factor in minimizing any potential cyber security-related disruption to the Nation's critical infrastructure and the consequences for its economic well-being and national security. (3) Concern about the potential for legal liability associated with the disclosure and exchange of cyber security information has impeded and continues to impede the secure disclosure and protected exchange of such information. (4) The capability to securely disclose and engage in the protected exchange of information relating to cyber security, solutions, test practices, test results, and risk assessments and audits, without undue concern about inappropriate disclosure of that information, is critical to the ability of private and public entities to address cyber security needs in a timely manner. (5) The national interest will be served by uniform legal standards in connection with the secure disclosure and protected exchange of cyber security information that will promote appropriate disclosures and exchanges of such information in a timely fashion. (6) The ``National Plan for Information Systems Protection, Version 1.0, An Invitation to a Dialogue'', released by the President on January 7, 2000, calls for the Government to assist in seeking changes to applicable laws on ``Freedom of Information, liability, and antitrust where appropriate'' in order to foster industry-wide centers for information sharing and analysis. (b) Purposes.--Based upon the powers contained in article 1, section 8, clause 3 of the Constitution of the United States, the purposes of this Act are-- (1) to promote the secure disclosure and protected exchange of cyber security information; (2) to assist private industry and government in responding effectively and rapidly to cyber security problems; (3) to lessen burdens on interstate commerce by establishing certain legal principles in connection with the secure disclosure and protected exchange of cyber security information; and (4) to protect the legitimate users of cyber networks and systems, and to protect the privacy and confidentiality of shared information. SEC. 3. DEFINITIONS. In this Act: (1) Antitrust laws.--The term ``antitrust laws''-- (A) has the meaning given to it in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent such section 5 applies to unfair methods of competition; and (B) includes any State law with the same intent and effect as the laws referred to in subparagraph (A). (2) Critical infrastructure.--The term ``critical infrastructure'' means facilities or services so vital to the nation or its economy that their disruption, incapacity, or destruction would have a debilitating impact on the defense, security, long-term economic prosperity, or public health or safety of the United States. (3) Cyber security information.-- (A) In general.--The term ``cyber security information'' means information related to-- (i) the ability of any protected system, or critical infrastructure to resist intentional interference, compromise, or incapacitation through the misuse of or unauthorized access to or use of the Internet, public or private telecommunications systems, or other similar conduct that violates Federal, State, or international law, that harms interstate commerce of the United States, or that threatens public health or safety; (ii) any planned or past assessment, projection or estimate concerning a cyber security vulnerability of a protected system, or critical infrastructure; (iii) any planned or past cyber security testing, risk assessment, or audit; (iv) any planned or past operational problems or solutions related to the cyber security of any protected system, or critical infrastructure; or (v) any immediate threats to the cyber security of any protected system, or critical infrastructure. (B) Exclusion.--For the purposes of any action brought under the securities laws, as that term is defined in section 3(a)(47) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(47)), the term ``cyber security information'' does not include information or statements contained in any documents or materials filed with the Securities and Exchange Commission, or with Federal banking regulators, pursuant to section 12(i) of the Securities Exchange Act of 1934 (15 U.S.C. 781(i)), or disclosures or writing that when made accompanied the solicitation of an offer or sale of securities. (4) Protected system.--The term ``protected system'' includes but is not limited to any system or process deployed in or remotely affecting a critical infrastructure facility consisting of one or more of the following: computer, computer system, network, or any component hardware or element of the foregoing, software program, processing instruction or data in storage, irrespective of the storage medium. (5) Information sharing organization; iso.--The terms ``Information Sharing Organization'' and ``ISO'' mean an Information Sharing and Analysis Center (``ISAC'') or any other entity created by private sector organizations for the purpose of sharing cyber security information among such organizations, with or among their individual affiliated members, and with and from State, local, and Federal Government agencies. SEC. 4. PROTECTION FOR CYBER SECURITY INFORMATION SHARED WITH THE GOVERNMENT. (a) In General.--Cyber security information that is voluntarily provided to any Federal entity, agency, or authority shall not be disclosed and must be protected against disclosure. (b) Specifics.--This section shall apply to cyber security information voluntarily provided-- (1) directly to the government about its own cyber security; (2) directly to the government about a third party's cyber security; or (3) to an ISO, which is subsequently provided to the government in identifiable form. (c) Protections.--Except with the express consent or permission of the provider of cyber security information, any cyber security information provided pursuant to subsection (b)-- (1) shall be exempt from disclosure under section 552(a) of title 5, United States Code (commonly known as the ``Freedom of Information Act''), by any Federal entity, agency, and authority; (2) shall not be disclosed to any third party except pursuant to subsection (e)(3); and (3) shall not be used by any Federal or State entity, agency, or authority or by any third party, directly or indirectly, in any civil action arising under any Federal or State law. (d) Exemptions.--Any disclosure of cyber security information by any private entity, or by any Information Sharing Organization as defined in section 3(5) of this Act, to any official of an agency of the United States in accordance with subsection (b) of this section shall not be subject to-- (1) the requirements of the Federal Advisory Committee Act (5 U.S.C. App.) with regard to notice of meetings and publication of the record of such disclosure; and (2) any agency rules regarding ex parte communications with decision making officials. (e) Exceptions.-- (1) Information obtained elsewhere.--Nothing in this section shall preclude a Federal or State entity, agency, or authority, or any third party, from separately obtaining cyber security information through the use of independent legal authorities, and using such separately obtained information in any action. (2) Public disclosure.--A restriction on use or disclosure of information under this section shall not apply to any information disclosed generally or broadly to the public. (3) Third party information.--A Federal entity, agency, or authority receiving cyber security information from one private entity about another private entity's cyber security shall notify and convey that information to the latter upon its initial receipt, except that such entity, agency, or authority shall not notify the third party if the Government has probable cause to believe that such party has conducted, or may be conducting economic espionage against United States entities within the meaning of the Economic Espionage Act (18 U.S.C. 1831 et seq.) or if such entity derives support from any nation currently under a trade embargo. SEC. 5. ANTITRUST EXEMPTION. (a) Exemption.--Except as provided in subsection (b), the antitrust laws shall not apply to conduct engaged in, including making and implementing an agreement, solely for the purpose of and limited to-- (1) facilitating the correction or avoidance of a cyber security-related problem; or (2) communication of or disclosing information to help correct or avoid the effects of a cyber security-related program. (b) Exception to Exemption.--Subsection (a) shall not apply with respect to conduct that involves or results in an agreement to boycott any person, to allocate a market, or to fix prices or output. SEC. 6. CYBER SECURITY WORKING GROUPS. (a) In General.-- (1) Working groups.--The President may establish and terminate working groups composed of Federal employees who will engage outside organizations in discussions to address cyber security, to share information related to cyber security, and otherwise to serve the purposes of this Act. (2) List of groups.--The President shall maintain and make available to the public a printed and electronic list of such working groups and a point of contact for each, together with an address, telephone number, and electronic mail address for such point of contact. (3) Balance.--The President shall seek to achieve a balance of participation and representation among the working groups. (4) Meetings.--Each meeting of a working group created under this section shall be announced in advance in accordance with procedures established by the President. (b) Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the working groups established under this section. (c) Private Right of Action.--This section creates no private right of action to sue for enforcement of any provision of this section.

Summary: Cyber Security Information Act - Prohibits the disclosure of "cyber security information" (defined to include information related to the ability of any protected system, or critical infrastructure, to resist intentional interference or incapacitation through the misuse of or unauthorized access to or use of the Internet, telecommunications systems, or similar conduct that violates Federal, State, or international law, harms U.S. interstate commerce, or threatens public health or safety) that is voluntarily provided to a Federal entity.Provides that (with exceptions) any such information voluntarily provided directly to the Government about its own cyber security, a third party's cyber security, or to an Information Sharing Organization which is subsequently provided to the Government in identifiable form shall: (1) be exempt from disclosure under the Freedom of Information Act; (2) not be disclosed to any third party; and (3) not be used by any Federal or State entity or by any third party in any civil action.Makes the antitrust laws inapplicable (with an exception) to conduct engaged in solely for the purpose of and limited to: (1) facilitating the correction or avoidance of a cyber security-related problem; or (2) communication of or disclosing information to help correct or avoid the effects of a cyber security-related program.Authorizes the President to establish and terminate working groups composed of Federal employees who will engage outside organizations in discussions to address or share information related to cyber security, and otherwise to serve the purposes of this Act.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving Patient Access to Inpatient Rehabilitation Hospitals Act of 2005''. SEC. 2. EFFECT ON ENFORCEMENT OF REGULATIONS. (a) In General.--Notwithstanding section 412.23(b)(2) of title 42, Code of Federal Regulations, during the period beginning on July 1, 2005, and ending on the date that is 2 years after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this Act as the ``Secretary'') shall not-- (1) require a compliance rate, pursuant to the criterion (commonly known as the ``75 percent rule'') that is used to determine whether a hospital or unit of a hospital is an inpatient rehabilitation facility (as defined in the rule published in the Federal Register on May 7, 2004, entitled ``Medicare Program; Final Rule; Changes to the Criteria for Being Classified as an Inpatient Rehabilitation Facility'' (69 Fed. Reg. 25752)), that is greater than the 50 percent compliance threshold that became effective on July 1, 2004; (2) change the designation of an inpatient rehabilitation facility that is in compliance with the 50 percent threshhold; or (3) conduct medical necessity review of inpatient rehabilitation facilities using any guidelines, such as fiscal intermediary Local Coverage Determinations, other than the national criteria established in chapter 1, section 110 of the Medicare Benefits Policy Manual. (b) Retroactive Status as an Inpatient Rehabilitation Facility; Payments; Expedited Review.--The Secretary shall establish procedures for-- (1) making any necessary retroactive adjustment to restore the status of a facility as an inpatient rehabilitation facility as a result of subsection (a); (2) making any necessary payments to inpatient rehabilitation facilities based on such adjustment for discharges occurring on or after July 1, 2005 and before the date of enactment of this Act; and (3) developing and implementing an appeals process that provides for expedited review of any adjustment to the status of a facility as an inpatient rehabilitation facility made during the period beginning on July 1, 2005 and ending on the date that is 2 years after the date of enactment of this Act. SEC. 3. NATIONAL ADVISORY COUNCIL ON MEDICAL REHABILITATION. (a) Definitions.--In this section: (1) Advisory council.--The term ``Advisory Council'' means the National Advisory Council on Medical Rehabilitation established under subsection (b). (2) Appropriate federal agencies.--The term ``appropriate Federal agencies'' means-- (A) the Agency for Healthcare Research and Quality; (B) the Centers for Medicare & Medicaid Services; (C) the National Institute on Disability and Rehabilitation Research; and (D) the National Center for Medical Rehabilitation Research. (b) Establishment.--Pursuant to section 222 of the Public Health Service Act (42 U.S.C. 217a), the Secretary shall establish an advisory panel to be known as the ``National Advisory Council on Medical Rehabilitation''. (c) Membership.-- (1) Appointment.--The Advisory Council shall be composed of 17 members, of whom-- (A) 9 members shall be appointed by the Secretary, in consultation with the medical rehabilitation community, from a diversity of backgrounds, including-- (i) physicians; (ii) medicare beneficiaries; (iii) representatives of inpatient rehabilitation facilities; and (iv) other practitioners experienced in rehabilitative care; and (B) 8 members, not more than 4 of whom are members of the same political party, shall be appointed jointly by-- (i) the Majority Leader of the Senate; (ii) the Minority Leader of the Senate; (iii) the Speaker of the House of Representatives; (iv) the Minority Leader of the House of Representatives; (v) the Chairman and the Ranking Member of the Committee on Finance of the Senate; and (vi) the Chairman and the Ranking Member of the Committee on Ways and Means of the House of Representatives. (2) Date.--Members of the Advisory Council shall be appointed not later than 30 days after the date of enactment of this Act. (3) Period of appointment; vacancies.--Members shall be appointed for the life of the Council. A vacancy on the Advisory Council shall be filled not later than 30 days after the date on which the Advisory Council is given notice of the vacancy, in the same manner as the original appointment. (4) Meetings.-- (A) Initial meeting.--The Advisory Council shall conduct an initial meeting not later than 120 days after the date of enactment of this Act. (B) Meetings.--The Advisory Council shall conduct such meetings as the Council determines to be necessary to carry out its duties but shall meet not less frequently than 2 times during each calendar year. (d) Duties.--The duties of the Advisory Council shall include providing advice and recommendations to-- (1) Congress and the Secretary concerning the coverage of rehabilitation services under the medicare program, including-- (A) policy issues related to rehabilitative treatment and reimbursement for rehabilitative care, such as issues relating to any rulemaking relating to, or impacting, rehabilitation hospitals and units; (B) the appropriate criteria for-- (i) determining clinical appropriateness of inpatient rehabilitation facility admissions; and (ii) distinguishing an inpatient rehabilitation facility from an acute care hospital and other providers of intensive medical rehabilitation; (C) the efficacy of inpatient rehabilitation services, as opposed to other post-acute inpatient settings, through a comparison of quality and cost, controlling for patient characteristics (such as medical severity and motor and cognitive function) and discharge destination; (D) the effect of any medicare regulations on access to inpatient rehabilitation care by medicare beneficiaries and the clinical effectiveness of care available to such beneficiaries in other health care settings; and (E) any other topic or issue that the Secretary or Congress requests the Advisory Council to provide advice and recommendations on; and (2) appropriate Federal agencies (as defined in subsection (a)) on how to best utilize available research funds and authorities focused on medical rehabilitation research, including post-acute care site of service and outcomes research. (e) Periodic Reports.--The Advisory Council shall provide the Secretary with periodic reports that summarize-- (1) the Council's activities; and (2) any recommendations for legislation or administrative action the Council considers to be appropriate. (f) Termination.--The Advisory Council shall terminate on September 30, 2010. (g) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out the purposes of this section. (h) Effective Date.--This section shall take effect on the date of enactment of this Act.

Summary: Preserving Patient Access to Inpatient Rehabilitation Hospitals Act of 2005 - Prohibits the Secretary of Health and Human Services, during the period between July 1, 2005, and the date two years after the enactment of this Act, from: (1) requiring a compliance rate, pursuant to the criterion (commonly known as the "75 percent rule") used to determine whether a hospital or hospital unit is an inpatient rehabilitation facility, that is greater than the 50 percent compliance threshold that became effective on July 1, 2004; (2) changing the designation of any inpatient rehabilitation facility in compliance with the 50 percent threshold; or (3) conducting medical necessity review of inpatient rehabilitation facilities using any guidelines other than the national criteria established in the Medicare Benefits Policy Manual. Directs the Secretary to establish procedures for: (1) making any necessary retroactive adjustment to restore the status of a facility as an inpatient rehabilitation facility as a result of this Act; (2) making any necessary payments to inpatient rehabilitation facilities based on such adjustment for discharges occurring on or after July 1, 2005, and before enactment of this Act; and (3) developing and implementing an appeals process that provides for expedited review of any adjustment to the status of a facility as an inpatient rehabilitation facility made during such period Directs the Secretary to establish the National Advisory Council on Medical Rehabilitation to provide advice and recommendations to: (1) Congress and the Secretary concerning the coverage of rehabilitation services under title XVIII (Medicare) of the Social Security Act; and (2) appropriate federal agencies on how best to utilize available research funds and authorities focused on medical rehabilitation research.


SECTION 1. SENSE OF THE SENATE ON NEED FOR COMPREHENSIVE DIPLOMATIC OFFENSIVE TO HELP BROKER NATIONAL RECONCILIATION EFFORTS IN IRAQ. (a) Findings.--The Senate makes the following findings: (1) The men and women of the United States Armed Forces have performed with honor and distinction in executing Operation Iraqi Freedom and deserve the gratitude of the American people. (2) General David H. Petraeus, Commander of the Multinational Force-Iraq, stated on March 8, 2007, ``There is no military solution to a problem like that in Iraq.''. (3) President George W. Bush reiterated on July 12, 2007, that the United States troop surge implemented in 2007 ``seeks to open space for Iraq's political leaders to advance the difficult process of national reconciliation, which is essential to lasting security and stability''. (4) Greater involvement and diplomatic engagement by Iraq's neighbors and key international actors can help facilitate the national political reconciliation so essential to sustainable success in Iraq. (5) The United States troop surge carried out in 2007 has not, as of yet, been matched by a comparable diplomatic surge designed to ensure that Iraqi national leaders carry through on the process of national reconciliation. (6) The final report of the Iraq Study Group, released in December 2006, declared, ``The United States must build a new international consensus for stability in Iraq and the region. In order to foster such consensus, the United States should embark on a robust diplomatic effort to establish an international support structure intended to stabilize Iraq and ease tensions in other countries in the region. This support structure should include every country that has an interest in averting a chaotic Iraq, including all of Iraq's neighbors.''. (7) On August 10, 2007, the United Nations Security Council voted unanimously to expand the mandate of its mission in Iraq to assist the national government with political reconciliation, bring together Iraq's neighbors to discuss border security and energy access, and facilitate much needed humanitarian assistance. (8) The United States Ambassador to Iraq, the Honorable Ryan C. Crocker, asserted on September 11, 2007, in testimony before the Committee on Foreign Relations of the Senate, ``With respect, again, to [Iraq's] neighbors and others, that is exactly our intent to have a more intensive, positive, more regulated engagement between Iraq and its neighbors. . . . The United Nations is now positioned to play a more active and involved role.''. (9) General Petraeus said on September 11, 2007, in response to a question on the need for greater civilian activity in Iraq, ``I agree with the chairman of the Joint Chiefs of Staff who has said repeatedly that certain elements of our government are at war, DoD, State, AID, but not all of the others. . . . We can use help in those areas. Some of the areas are quite thin, agriculture, health, and some others.''. (10) The United States troop surge carried out in 2007 has not, as of yet, been matched by a comparable civilian surge designed to help the Government of Iraq strengthen its capabilities in providing essential government services. (b) Sense of the Senate.--It is the sense of the Senate that-- (1) the United States Government should take the lead in organizing a comprehensive diplomatic offensive, consisting of bilateral, regional, and international initiatives, to assist the Government of Iraq in achieving national reconciliation and successfully meeting key security, political, and economic benchmarks; (2) it is in the interest of the United States and the people of Iraq that Iraq is not seen as a uniquely ``American'' problem, but rather as of enduring importance to the security and prosperity of its neighbors, the entire Middle East region, and the broader international community; (3) the greater involvement in a constructive fashion of Iraq's neighbors, whether through a regional conference or another mechanism, can help stabilize Iraq and end the outside flows of weapons, explosive materials, foreign fighters, and funding that contribute to the current sectarian warfare in Iraq; (4) the President and the Secretary of State should invest their personal time and energy in these diplomatic efforts to ensure that they receive the highest priority within the United States Government and are viewed as a serious effort in the region and elsewhere; (5) the President, in order to demonstrate that a regional diplomacy strategy enjoys attention at the highest levels of the United States Government, should appoint a seasoned, high- level Presidential envoy to the Middle East region to supplement the efforts of Ambassador Crocker and focus on the establishment of a regional framework to help stabilize Iraq; (6) the United States Government should build upon tentative progress achieved by the International Compact for Iraq and the Iraq Neighbors Conference to serve as the basis for a more intensive and sustained effort to construct an effective regional mechanism; (7) the President should direct the United States Permanent Representative to the United Nations to use the voice and vote of the United States at the United Nations to seek the appointment of an international mediator in Iraq, under the auspices of the United Nations Security Council, to engage political, religious, ethnic, and tribal leaders in Iraq to foster national reconciliation efforts; (8) the United States Government should begin planning for a wide-ranging dialogue on the mandate governing international support for Iraq when the current United Nations mandate authorizing the United States-led coalition expires at the end of 2007; (9) the United States Government should more directly press Iraq's neighbors to open fully operating embassies in Baghdad and establish inclusive diplomatic relations with the Government of Iraq to help ensure the Government is viewed as legitimate throughout the region; (10) the United States Government should strongly urge the governments of those countries that have previously pledged debt forgiveness and economic assistance to the Government of Iraq to fully carry through on their commitments on an expedited basis; (11) a key objective of any diplomatic offensive should be to ameliorate the suffering and deprivation of Iraqi refugees, both those displaced internally and those who have fled to neighboring countries, through coordinated humanitarian assistance and the development of a regional framework to establish long-term solutions to the future of displaced Iraqi citizens; (12) the United States Government should reallocate diplomats and Department of State funds as required to ensure that any comprehensive diplomatic offensive to stabilize Iraq on an urgent basis has the needed resources to succeed; and (13) the United States Government should reallocate civilian expertise to help governmental entities in Iraq strengthen their ability to provide essential government services to the people of Iraq.

Summary: Expresses the sense of the Senate on the need for a comprehensive diplomatic offensive to help broker national reconciliation efforts in Iraq and lay the foundation for the eventual redeployment of U.S. combat forces.