SECTION 1. SHORT TITLE. This Act may be cited as the ``Lifelong Improvements in Food and Exercise (LIFE) Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Currently, 64.5 percent of adults in the United States, age 20 years and older, are overweight and 30.5 percent of them are obese. (2) Data from two National Health and Nutrition Examination Surveys show that among adults aged 20-74 years the prevalence of obesity increased from 15.0 percent in the 1976-1980 survey to 32.9 percent in the 2003-2004 survey. (3) 50 percent of women aged 20 to 74 are overweight or obese in the United States according to the National Women's Health Information Center. (4) In 2003-04, of children and adolescents 2-19 years of age more than 12,500,000 (or 17.1 percent) were overweight, and of adults more than 66,000,000 (or 32.2 percent) were obese. Almost 5 percent of adults were extremely obese. (5) The percentage of children who are overweight has more than doubled, and among adolescents the rates have more than tripled, since 1980 increasing from 5 percent to 17.1 percent. (6) More than 50 percent of adults in the United States do not get enough physical activity and national data have shown an increase in the calorie consumption of adults. (7) About two-thirds of young people in grades 9-12 are not engaged in recommended levels of physical activity. Daily participation in high school physical education classes dropped from 42 percent in 1991 to 33 percent in 2005. (8) The rising rates of obesity portend greater disease and health conditions including hypertension, high total cholesterol, Type 2 diabetes, coronary heart disease, stroke, gallbladder disease, osteoporosis, sleep apnea, and respiratory problems, and some cancers, such as endometrial, breast, and colon cancer. (9) Many underlying factors have been linked to the increase in obesity, such as increasing portion sizes, eating out more often, increased consumption of sugar-sweetened drinks, increasing television, computer, and electronic gaming time, changing labor markets, and fear of crime, which prevents outdoor exercise. (10) Chronic diseases account for 1.7 million, or 70 percent, of all deaths in the United States each year. Although chronic diseases are among the most common and costly health problems, they are also among the most preventable. Adopting a healthy lifestyle such as eating nutritious foods and engaging in physical activity, can prevent or control the devastating effects of these diseases. Although chronic diseases are among the most common and costly health problems, they are also among the most preventable. (11) According to the Surgeon General's Call to Action to Prevent and Decrease Overweight and Obesity, the cost of obesity in the United States in 2000 was more than $117 billion. SEC. 3. REDUCTION IN PREVALENCE OF OBESITY; PROGRAM FOR LIFELONG IMPROVEMENTS IN FOOD AND EXERCISE. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 317S the following section: ``reduction in prevalence of obesity ``Sec. 317T. (a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall carry out a national program to conduct and support activities regarding individuals who are overweight or obese in order to make progress toward the goal of significantly reducing the number of cases of obesity among individuals in the United States. ``(b) Certain Activities.--In carrying out subsection (a), the Secretary shall (directly or through grants or contracts) carry out the following with respect to individuals who are overweight: ``(1) Activities to train health professionals to recognize that patients are overweight and to recommend prevention activities regarding such condition, including educating patients on the relationship between such condition and cardiovascular disease, diabetes and other health conditions, and on proper nutrition and regular physical activities. ``(2) Activities to educate the public with respect to the condition of being overweight, including the development of a strategy for a public awareness campaign. ``(3) The development and demonstration of intervention strategies for use at worksites and in community settings such as hospitals and community health centers. ``(c) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $15,000,000 for fiscal year 2009, and such sums as may be necessary for each of the fiscal years 2010 through 2013.''.

Summary: Lifelong Improvements in Food and Exercise (LIFE) Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to carry out a national program to conduct and support activities regarding individuals who are overweight or obese in order to make progress toward the goal of significantly reducing obesity in the United States. Requires such activities to include: (1) training health professionals; (2) educating the public; and (3) developing and demonstrating intervention strategies for use at worksites and in community settings.


SECTION 1. SHORT TITLE. This Act may be cited as the ``SOAR to Health and Wellness Act of 2016''. SEC. 2. DEFINITIONS. In this Act: (1) Human trafficking.--The term ``human trafficking'' has the meaning given the term ``severe forms of trafficking in persons'' as defined in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102). (2) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 3. PILOT PROGRAM ESTABLISHMENT. (a) In General.--The Secretary shall establish a pilot program to be known as ``Stop, Observe, Ask, and Respond to Health and Wellness Training'' (or ``SOAR to Health and Wellness Training'') (referred to in this Act as the ``pilot program''), to provide training to health care providers and other related providers, at all levels, on human trafficking in accordance with the purpose described in subsection (b). (b) Purpose.--The pilot program established under subsection (a) shall train health care providers and other related providers to enable such providers to-- (1) identify potential human trafficking victims; (2) implement proper protocols and procedures for working with law enforcement to report, and facilitate communication with, such victims, in accordance with all applicable Federal, State, local, and tribal requirements, including legal confidentiality requirements for patients and health care providers; (3) implement proper protocols and procedures for referring such victims to appropriate social or victims service agencies or organizations; (4) provide such victims care that is-- (A) coordinated; (B) victim centered; (C) culturally relevant; (D) comprehensive; (E) evidence based; (F) gender responsive; (G) age appropriate, with a focus on care for youth; and (H) trauma informed; and (5) consider the potential for integrating the training described in paragraphs (1) through (4) with training programs, in effect on the date of enactment of this Act, for victims of domestic violence, dating violence, sexual assault, stalking, child abuse, child neglect, child maltreatment, and child sexual exploitation. (c) Functions.-- (1) In general.--The functions of the pilot program established under subsection (a) shall include the functions of the Stop, Observe, Ask, and Respond to Health and Wellness Training program that was operating on the day before the date of enactment of this Act and the authorized initiatives described in paragraph (2). (2) Authorized initiatives.--The authorized initiatives of the pilot program established under subsection (a) shall include-- (A) engaging stakeholders, including victims of human trafficking and any Federal, State, local, or tribal partners, to develop a flexible training module-- (i) for achieving the purpose described in subsection (b); and (ii) that adapts to changing needs, settings, health care providers, and other related providers; (B) making grants available to support training in health care sites that represent diversity in-- (i) geography; (ii) the demographics of the population served; (iii) the predominate types of human trafficking cases; and (iv) health care provider profiles; (C) providing technical assistance for health education programs to implement nationwide health care protocol, or develop continuing education training materials, that assist in achieving the purpose described in subsection (b); (D) developing a strategy to incentivize the utilization of training materials developed under subparagraph (C) and the implementation of nationwide health care protocol described in such subparagraph, as the Secretary determines appropriate; and (E) developing a reliable methodology for collecting data, and reporting such data, on the number of human trafficking victims identified and served in health care settings or other related provider settings. (d) Termination.--The pilot program established under subsection (a) shall terminate on October 1, 2022. SEC. 4. DATA COLLECTION AND REPORTING REQUIREMENTS. (a) Data Collection.-- (1) In general.--During each of fiscal years 2018 through 2022, the Secretary shall collect data on each of the following: (A) The total number of facilities that were operating under the pilot program established under section 3(a)-- (i) during the previous fiscal year; and (ii) before the previous fiscal year. (B) The total number of health care providers and other related providers trained through such pilot program during each of the periods described in clauses (i) and (ii) of subparagraph (A). (2) Initial report.--In addition to the data required to be collected under paragraph (1), for purposes of the initial report to be submitted under subsection (b), the Secretary shall collect data on the total number of facilities that were operating under, and the total number of health care providers and other related providers trained through, the Stop, Observe, Ask, and Respond to Health and Wellness Training program that was operating before the establishment of the pilot program under section 3(a). (b) Reporting.--Not later than 90 days after the first day of each of fiscal years 2018 through 2022, the Secretary shall prepare and submit to Congress a report on the data collected under subsection (a). SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $3,000,000 for each of fiscal years 2018 through 2022.

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


SECTION. 1. AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967. (a) Application to House of Representatives.-- (1) In general.--The rights and protections of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.) shall, subject to paragraph (2), apply with respect to any individual who occupies an employment position or who is an applicant for an employment position, as well as to any employing authority of the House of Representatives. (2) Administration.--In the administration of this subsection, the remedies and procedures referred to in the Fair Employment Practices Resolution shall apply. (3) Exercise of rulemaking power.--The provisions of paragraph (2) are enacted by the House of Representatives as an exercise of the rulemaking power of the House of Representatives, with full recognition of the right of the House to change its rules, in the same manner, and to the same extent as in any other rule of the House. (b) Application to Instrumentalities of the Congress.-- (1) In general.--The rights and protections of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.) shall, subject to paragraph (2), apply with respect to any individual who is an employee of, or an applicant for employment with, an instrumentality of the Congress. (2) Establishment of remedies and procedures.--The chief official of each instrumentality of the Congress shall establish remedies and procedures to be utilized with respect to the rights and protections provided pursuant to paragraph (1). (3) Report to the congress.--The chief official of each instrumentality of the Congress shall, after establishing remedies and procedures for purposes of paragraph (2), submit to the Congress a report describing the remedies and procedures. SEC. 2. APPLICATION OF FAIR LABOR STANDARDS ACT TO INSTRUMENTALITIES OF THE CONGRESS. (a) In General.--The rights and protections of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) shall, subject to subsection (b), apply with respect to any individual who is employed by an instrumentality of the Congress. (b) Establishment of Remedies and Procedures.--The chief official of each instrumentality of the Congress shall establish remedies and procedures to be utilized with respect to the rights and protections provided pursuant to subsection (a). (c) Report to the Congress.--The chief official of each instrumentality of the Congress shall, after establishing remedies and procedures for purposes of subsection (b), submit to the Congress a report describing the remedies and procedures. (d) Architect of the Capitol.--The Architect of the Capitol shall, no later than 90 days after the date of enactment of this Act, submit a report to the Congress describing steps taken to implement section 8(b) of the Fair Labor Standards Amendments of 1989 (2 U.S.C. 60k(b)). SEC. 3. RECOMMENDATIONS ON THE OCCUPATIONAL SAFETY AND HEALTH ACT. It is the sense of the House of Representatives that the Committee on House Administration should review the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.) and make recommendations to the House of Representatives regarding the application of such Act to the House. SEC. 4. JUDICIAL REVIEW. (a) Application to House of Representatives.-- (1) In general.--Any individual who occupies an employment position or who is an applicant for an employment position, and who has been aggrieved by a violation of section 2(a) of the Fair Employment Practices Resolution (relating to nondiscrimination), section 1(a)(1) of this Act, section 117(a)(2)(A) of the Civil Rights Act of 1991 (2 U.S.C. 60l), section 8(a)(1) of the Fair Labor Standards Amendment of 1989 (2 U.S.C. 60k), or section 509(b)(2)(A) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12209(b)(2)(A)) may, following a final decision pursuant to the Fair Employment Practices Resolution regarding such violation, petition for review by the United States Court of Appeals for the Federal Circuit. (2) Violations by members of the house of representatives.--It is the sense of the House of Representatives that the Rules of the House of Representatives should be amended to address the issue of the source of payments made by the House to satisfy a judgment against a Representative in, or Delegate or Resident Commissioner to, the Congress who has been found guilty by the United States Court of Appeals for the Federal Circuit of a violation of one of the sections referred to in paragraph (1). (b) Application to the Instrumentalities of the congress.-- (1) Age discrimination in employment act of 1967.--Any employee of an instrumentality of the Congress, who has been aggrieved by a violation of section 1(b)(1) of this Act may, following a final decision pursuant to section 1(b)(2) of this Act, petition for review by the United States Court of Appeals for the Federal Circuit. (2) Americans with disabilities act.--Any employee of an instrumentality of the Congress who has been aggrieved by a violation of section 509(c)(1) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12209(c)(1)) may, following a final decision pursuant to subsection (c)(2) of such Act, petition for review by the United States Court of Appeals for the Federal Circuit. (3) Civil rights act of 1991.--Any employee of an instrumentality of the Congress who has been aggrieved by a violation of section 117(b)(1) of the Civil Rights Act of 1991 (2 U.S.C. 60l) may, following a final decision pursuant to subsection (b)(3) of such Act, petition for review by the United States Court of Appeals for the Federal Circuit. (4) Fair labor standards act.--Any employee of an instrumentality of the Congress who has been aggrieved by a violation of section 2(a) of this Act may, following a final decision pursuant to section 2(b) of this Act, petition for review by the United States Court of Appeals for the Federal Circuit. (c) Scope of Judicial Review.--A petition for review authorized by subsection (a) or (b) shall be filed not later than 90 days following receipt by the aggrieved individual of a written final decision referred to in such subsection. The court shall decide all relevant questions of law and shall interpret constitutional and statutory provisions. The court shall set aside the decision if the court determines that the decision is-- (1) arbitrary, capricious, an abuse of discretion, or otherwise not consistent with law; (2) not made consistent with required procedures; or (3) not supported by substantial evidence. In making its determination, the court shall review the whole record or those parts of the record cited by a party, and due account shall be taken of prejudicial error. If the aggrieved individual is the prevailing party in an appeal under this section, a reasonable attorney's fee may be allowed by the court in accordance with the standards established under section 706(k) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5(k)).''. SEC. 5. CONFORMING AMENDMENTS. (a) Americans with Disabilities Act.--Section 509 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12209(b)(2)) is amended-- (1) by amending subsection (b)(2)(B) to read as follows: ``(B) Administration.--This paragraph shall be administered according to the Fair Employment Practices Resolution (House Resolution 558 of the One Hundredth Congress, as agreed to October 4, 1988), as incorporated into the Rules of the House of Representatives as rule LI, or any other provision or resolution that continues in effect the provisions of such resolution.''; and (2) in subsection (c)(2) by striking ``Such remedies and procedures shall apply exclusively.''. (b) Civil Rights Act of 1991.--Section 117 of the Civil Rights Act of 1991 (2 U.S.C. 60l) is amended-- (1) by amending subsection (a)(2)(B) to read as follows: ``(B) Administration.--This paragraph shall be administered according to the Fair Employment Practices Resolution (House Resolution 558 of the One Hundredth Congress, as agreed to October 4, 1988), as incorporated into the Rules of the House of Representatives as rule LI, or any other provision or resolution that continues in effect the provisions of such resolution.''; and (2) in section (b)(2) by striking ``Such remedies and procedures shall apply exclusively, except for the employees who are defined as Senate employees, in section 301(c)(1).''. SEC. 6. DEFINITIONS. For the purposes of this Act-- (1) the terms ``employment position'' and ``employing authority'' have the meaning given such terms in the Fair Employment Practices Resolution; (2) the term ``Fair Employment Practices Resolution'' means House Resolution 558 of the One Hundredth Congress, as agreed to October 4, 1988, and as incorporated into the Rules of the House of Representatives as rule LI, or any other provision or resolution that continues in effect the provisions of such resolution; and (3) the term ``instrumentalities of the Congress'' shall include the following: the Architect of the Capitol, the Congressional Budget Office, the General Accounting Office, the Government Printing Office, the Library of Congress, the Office of Technology Assessment, and the United States Botanic Garden, except that-- (A) for purposes of sections 1(b) and 4(b)(1), such term shall not include the Library of Congress; and (B) for purposes of section 4(b)(4), and of subsections (a), (b), and (c) of section 2, such term shall not include the Architect of the Capitol.

Summary: Applies the Age Discrimination in Employment Act of 1967 and the remedies and procedures referred to in the Fair Employment Practices Resolution to any: (1) employee of (or applicant for employment by) the House of Representatives; (2) employing authority of the House; or (3) employee of (or applicant for employment by) the Architect of the Capitol, the Congressional Budget Office, the General Accounting Office, the Government Printing Office, the Office of Technology Assessment, or the U.S. Botanic Garden. Applies the Fair Labor Standards Act of 1938 to: (1) the Congressional Budget Office; (2) the General Accounting Office; (3) the Government Printing Office; (4) the Library of Congress; (5) the Office of Technology Assessment; and (6) the U.S. Botanic Garden. Requires the Architect of the Capitol to report to the Congress on steps taken pursuant to the Fair Labor Standards Amendments of 1989 relating to the minimum wage rate of its employees. Expresses the sense of the House that the Committee on House Administration should make recommendations regarding the application of the Occupational Safety and Health Act to the House. Authorizes any employee of (or applicant for employment by) the House who has been aggrieved by a violation of the Fair Employment Practices Resolution (relating to nondiscrimination), the Age Discrimination in Employment Act of 1967, the Civil Rights Act of 1991, the Fair Labor Standards Amendment of 1989, or the Americans with Disabilities Act of 1990 to petition for review by the U.S. Court of Appeals for the Federal Circuit of the final decision pursuant to the Fair Employment Practices Resolution. Expresses the sense of the House that the Rules of the House should be amended to address the issue of the source of payments by the House to satisfy a judgment against a Member who has been found guilty of a violation of one of such Acts. Gives employees of instrumentalities of the Congress who have been aggrieved by the violations of the following Acts the right to petition for judicial review: (1) the Age Discrimination in Employment Act of 1967 (excluding Library of Congress employees); (2) the Americans with Disabilities Act of 1990; (3) the Civil Rights Act of 1991; and (4) the Fair Labor Standards Act of 1938 (excluding employees of the Architect of the Capitol).


SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``Expanding International Education for All Act''. (b) References.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). SEC. 2. UNDERGRADUATE INTERNATIONAL STUDIES AND FOREIGN LANGUAGE PROGRAMS. (a) Incentives for Program Creation.--Section 604(a) (20 U.S.C. 1124(a)) is amended to read as follows: ``(a) Incentives for the Creation of Undergraduate International Studies and Foreign Language Programs.-- ``(1) Authority.--The Secretary is authorized to make grants to baccalaureate degree granting institutions, community and junior colleges of higher education, or consortia of such institutions (which may include graduate schools as part of a consortia that serves undergraduates), to pay the Federal share of the cost of planning and establishing a foreign language program, an international studies program, or a business and international education program at the undergraduate level. ``(2) Use of funds.--Funds appropriated for the purpose of carrying out this part may be used in conjunction with institutional resources and private sector funds, as required by paragraph (3), for-- ``(A) planning for the development and expansion of undergraduate programs in international studies; ``(B) teaching, research, curriculum planning and development, and other related activities; ``(C) training of faculty members in foreign countries; ``(D) acquisition of research and instructional materials; ``(E) establishing and maintaining a network with other institutions of higher education and resource centers focused on strengthening foreign language study and international studies programs; ``(F) expansion of existing and development of new opportunities for learning foreign languages, including the less commonly taught languages; ``(G) international education programs designed to develop or enhance linkages between 2- to 4-year institutions of higher education, or baccalaureate and postbaccalaureate programs or institutions; ``(H) the development or expansion of undergraduate study abroad in which study abroad opportunities are not otherwise available or which serve students for whom such opportunities are not otherwise available and which provide courses that are closely related to on- campus foreign language and international studies curricula; ``(I) in-service and faculty development activities designed to strengthen instruction and research capacity of the institution; ``(J) faculty travel in foreign areas, regions, and countries; and ``(K) the integration of new study abroad opportunities for undergraduate students into curricula of specific degree programs. ``(3) Non-federal share.--The non-Federal share of the cost of the programs assisted under this subsection may be provided in cash in an amount equal to one-third of the total requested grant amount, or may be provided as an in-cash or in-kind contribution equal in value to one-half of the total requested grant amount. Such contribution may be composed of both institutional and noninstitutional funds, including State and private sector corporation or foundation contributions. ``(4) Grant conditions.--Grants under this subsection shall be made on such conditions as the Secretary determines are necessary to carry out the objectives of this part. The conditions shall include-- ``(A) evidence that the institution of higher education, or consortium of such institutions, has conducted extensive planning prior to submitting its application for a grant under this subsection concerning the steps taken by each institution with respect to planning for the establishment of a foreign language, international studies program or international business program, and with respect to the design of its program in accordance with paragraph (2); ``(B) assurance that the faculty and staff of all relevant departments and programs within the institution are involved in ongoing collaboration with regard to achieving the stated objectives of the application, including business and management, related foreign language, international studies, international affairs careers, and other professional schools or departments as appropriate; ``(C) assurance that students at the applicant institution, and all consortium institutions, as appropriate, will have access to the programs of and derive benefits from the planned program as it is developed; and ``(D) assurance that each institution of higher education will use the Federal assistance provided under this subsection to supplement and not supplant institutional funds and activities provided by the institution prior to the receipt of Federal funds.''. (b) Support for International Education.--Section 609 (20 U.S.C. 1126) is amended by striking subsection (c) and inserting the following: ``(c) Support for Undergraduate Education.--Notwithstanding any other provision of this title, the Secretary is authorized in each fiscal year to reserve for section 604 not more than 10 percent of the total amount appropriated for this title in that fiscal year.''. (c) Technology Innovation.--Section 607 (20 U.S.C. 1125a) is amended to read as follows: ``SEC. 607. TECHNOLOGICAL INNOVATION AND COOPERATION FOR FOREIGN INFORMATION ACCESS. ``(a) Authority.--The Secretary is authorized to make grants to institutions of higher education, public or nonprofit private library institutions, or consortia of such institutions, to develop innovative techniques or programs using new electronic technologies to collect, organize, preserve, and widely disseminate information on world regions and countries other than the United States that address the Nation's teaching and research needs in international education and foreign languages. ``(b) Authorized Activities.--Grants under this section may be used to-- ``(1) facilitate access to preserve foreign information resources in print or electronic forms; ``(2) develop new means of immediate, full text document delivery for information and scholarships from abroad; ``(3) develop new means of shared electronic access to international data; ``(4) support collaborative projects of indexing, cataloging, and other means of bibliographic access for scholars to important research materials published or distributed outside the United States; ``(5) develop methods for the wide dissemination of resources written in non-Roman language alphabets; ``(6) assist teachers of less commonly taught languages in acquiring, via electronic and other means, materials suitable for classroom use; and ``(7) promote collaborative technology-based projects in foreign languages, area and international studies among grant recipients under this title. ``(c) Application.--Each institution or consortium desiring a grant under this section shall submit an application to the Secretary at such time, in such matter, and accompanied by such information and assurances as the Secretary may reasonably require. ``(d) Match Required.--The Federal share of the total cost of carrying out a program supported by a grant under this section shall not be more than 66\2/3\ percent. The non-Federal share of such a cost may be provided in either in-kind or in cash, and may include contributions from private sector corporations or foundations.''. SEC. 3. MINORITY FOREIGN SERVICE PROFESSIONAL DEVELOPMENT. (a) Non-Federal Share and Source of Funds.--Section 621(e) is amended-- (1) by striking ``one-fourth'' and inserting ``one-half''; and (2) by adding at the end the following new sentence: ``The non-Federal contribution must be made by private sector contributions.''. (b) Institutional Development.--Part C of title VI is amended-- (1) by redesignating sections 622 through 627 as sections 623 through 628, respectively; and (2) by inserting after section 621 the following new section: ``SEC. 622. INSTITUTIONAL DEVELOPMENT. ``(a) In General.--The Institute shall make grants, from amounts available to it in each fiscal year, to Historically Black Colleges and Universities, Hispanic-serving institutions, Tribally Controlled Indian Community Colleges, and minority institutions, to enable such colleges, universities, and institutions to strengthen international affairs programs. ``(b) Application.--No grant may be made by the Institute unless an application is made by the college, university, or institution at such time, in such manner, and accompanied by such information as the Institute may require. ``(c) Definitions.--As used in this section: ``(1) Historically black colleges and universities.--The term `Historically Black Colleges and Universities' has the meaning given the term `part B institution' by section 322(2) of this Act. ``(2) Hispanic-serving institution.--The term `Hispanic- serving institution' has the same meaning given the term by section 316(b)(1) of this Act. ``(3) Tribally controlled indian community college.--The term `Tribally Controlled Indian Community College' has the same meaning given that term by the Tribally Controlled Community College Assistance Act of 1978. ``(4) Minority institution.--The term `minority institution' has the same meaning given that term in section 101(14) of this Act.''. SEC. 4. JUNIOR YEAR AND SUMMER ABROAD PROGRAM. (a) Institute Share of Cost.--Section 623(c)(2) (as redesignated by section 3(b) of this Act) is amended by striking ``one-half'' and inserting ``one-third''. (b) Summer Abroad.--Section 623 (as redesignated) is amended by adding at the end the following new subsection: ``(d) Summer Abroad Program.--The Institute is authorized to carry out, by grant or contract, a summer abroad program. The summer abroad program shall be open to the eligible students described in subsections (a) and (b) of this section. An institution of higher education desiring to participate in the summer abroad program shall enter into a memorandum of understanding with the Institute, containing provisions which are consistent with subsection (c) of this section.''. (c) Technical Amendment.--The heading of section 623 (as so redesignated) is amended by inserting before the period in the heading: ``and summer abroad program''. SEC. 5. POSTBACCALAUREATE INTERNSHIPS. Section 625 (as redesignated by section 3(b) of this Act) is amended-- (1) by inserting before the first sentence the following new subsection heading: ``(a) In General.--''; and (2) by adding at the end the following new subsection: ``(b) Washington Internship Program.--The Institute shall enter into agreements with institutions of higher education described in the first sentence of subsection (a) to conduct internships in Washington, District of Columbia, for students who have completed study for the baccalaureate degree. The Internship program authorized by this subsection shall-- ``(1) be designated to assist the students to prepare for a Master's degree program; ``(2) be carried out with the assistance of the Woodrow Wilson Fellowship Program; ``(3) contain work experience for the students designated to contribute to the objectives set forth in paragraph (1); and ``(4) contain such other elements as the Institute determines will carry out the objectives of this subsection.''. SEC. 6. INTERAGENCY COMMITTEE ON MINORITY CAREERS IN INTERNATIONAL AFFAIRS. Part C of title VI is further amended-- (1) by redesignating section 628 (as redesignated by section 3(b) of this Act) as section 629; and (2) by inserting after section 627 the following new section: ``SEC. 628. INTERAGENCY COMMITTEE ON MINORITY CAREERS IN INTERNATIONAL AFFAIRS. ``(a) Establishment.--There is established in the executive branch of the Federal Government an Interagency Committee on Minority Careers in International Affairs composed of 7 members. The members are-- ``(1) the Under Secretary for International Affairs and Commodity Programs of the Department of Agriculture, appointed by the Secretary of Agriculture; ``(2) the Assistant Secretary and Director General, the Commercial Service of the Department of Commerce, appointed by the Secretary of Commerce; ``(3) the Under Secretary of Defense for Personnel and Readiness of the Department of Defense, appointed by the Secretary of Defense; ``(4) the Assistant Secretary for Postsecondary Education in the Department of Education, appointed by the Secretary of Education; ``(5) the Director General of the Foreign Service of the Department of State, appointed by the Secretary of State; ``(6) the General Counsel of the Agency for International Development, appointed by the Administrator; and ``(7) the Associate Director for Educational and Cultural Affairs of the United States Information Agency, appointed by the Director. ``(b) Functions.--The Interagency Committee established by this section shall-- ``(1) advise the Secretary and the Institute with respect to programs authorized by this part; and ``(2) promote policies in each department and agency participating on the committee that are designed to carry out the objectives of this part.''. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. The text of section 629 (as redesignated by section 6 of this Act) is amended to read as follows: ``There is authorized to be appropriated $5,000,000, for fiscal year 1999, and such sums as may be necessary for the fiscal years 2000, 2001, 2002, and 2003 to carry out this part.''.

Summary: Expanding International Education for All Act - Amends the Higher Education Act of 1965 to revise title VI (International Education). (Sec. 2) Revises part A (International and Foreign Language Studies) with respect to incentive grants for the creation of undergraduate international studies and foreign language programs. Allows graduate schools, along with baccalaureate degree granting institutions and community and junior colleges of higher education, to be included as part of a consortium that serves undergraduates and is eligible for a grant. Revises the Federal and non-Federal shares of the cost of planning and establishing at the undergraduate level: (1) a foreign language program; (2) an international studies program; or (3) (new in this Act) a business and international education program. Revises allowable uses of grant funds to include: (1) acquisition of research and instructional materials; (2) establishment of a network with other institutions of higher education and resource centers focused on strengthening foreign language study and international studies programs; (3) development of new opportunities for learning foreign languages, including the less commonly taught languages; (4) international education programs designed to develop or enhance linkages between two- to four-year institutions of higher education, or baccalaureate and postbaccalaureate programs or institutions; (5) in-service and faculty development activities designed to strengthen instruction and research capacity of the institution; and (6) faculty travel in foreign areas, regions, and countries. Establishes certain grant conditions. Establishes, under part A, a program of discretionary grants for technological innovation and cooperation for foreign information access. (Replaces the current discretionary grants program for acquisition of and access to periodicals and other research materials published outside the United States.) (Sec. 3) Revises part C (Institute for International Public Policy) with respect to the non-Federal share and source of funds for minority foreign service professional development. Directs the Institute to make institutional development grants to strengthen international affairs programs at Historically Black Colleges and Universities, Hispanic-serving institutions, Tribally Controlled Indian Community Colleges, and minority institutions. (Sec. 4) Revises the Institute's share of the cost of the junior year program. Authorizes the Institute to carry out a summer abroad program. (Sec. 5) Directs the Institute to enter into agreements with specified types of institutions of higher education to conduct postbaccalaureate internships in Washington, D.C., with work experience to assist the students to prepare for a Master's degree program. Requires such internship program to be carried out with the assistance of the Woodrow Wilson Fellowship Program. (Sec. 6) Establishes in the executive branch an Interagency Committee on Minority Careers in International Affairs to: (1) advise the Secretary and the Institute on part C programs; and (2) promote policies in furtherance of part C objectives in each participating department and agency. (Sec. 7) Extends through FY 2003 the authorization of appropriations for part C.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Exxon Valdez Oil Spill Tax Treatment Act''. SEC. 2. TAX TREATMENT OF INCOME RECEIVED IN CONNECTION WITH THE EXXON VALDEZ LITIGATION. (a) Income Averaging of Amounts Received From the Exxon Valdez Litigation.-- (1) In general.--At the election of a qualified taxpayer who receives qualified settlement income during a taxable year, the tax imposed by chapter 1 of the Internal Revenue Code of 1986 for such taxable year shall be equal to the sum of-- (A) the tax which would be imposed under such chapter if-- (i) no amount of elected qualified settlement income were included in gross income for such year, and (ii) no deduction were allowed for such year for expenses (otherwise allowable as a deduction to the taxpayer for such year) attributable to such elected qualified settlement income, plus (B) the increase in tax under such chapter which would result if taxable income for each of the years in the applicable period were increased by an amount equal to the applicable fraction of the elected qualified settlement income reduced by any expenses (otherwise allowable as a deduction to the taxpayer) attributable to such elected qualified settlement income. Any adjustment under this section for any taxable year shall be taken into account in applying this section for any subsequent taxable year. (2) Coordination with farm income averaging.--If a qualified taxpayer makes an election with respect to any qualified settlement income under paragraph (1) for any taxable year, such taxpayer may not elect to treat such amount as elected farm income under section 1301 of the Internal Revenue Code of 1986. (3) Definitions.--For purposes of this subsection-- (A) Applicable period.--The term ``applicable period'' means the period beginning on January 1, 1994, and ending on December 31 of the year in which the elected qualified settlement income is received. (B) Applicable fraction.--The term ``applicable fraction'' means the fraction the numerator of which is one and the denominator of which is the number of years in the applicable period. (C) Elected qualified settlement income.--The term ``elected qualified settlement income'' means so much of the taxable income for the taxable year which is-- (i) qualified settlement income, and (ii) specified under the election under paragraph (1). (b) Contributions of Amounts Received to Retirement Accounts.-- (1) In general.--Any qualified taxpayer who receives qualified settlement income during the taxable year may, at any time before the end of the taxable year in which such income was received, make one or more contributions to an eligible retirement plan of which such qualified taxpayer is a beneficiary in an aggregate amount not to exceed the amount of qualified settlement income received during such year. (2) Time when contributions deemed made.--For purposes of paragraph (1), a qualified taxpayer shall be deemed to have made a contribution to an eligible retirement plan on the last day of the taxable year in which such income is received if the contribution is made on account of such taxable year and is made not later than the time prescribed by law for filing the return for such taxable year (not including extensions thereof). (3) Treatment of contributions to eligible retirement plans.--For purposes of the Internal Revenue Code of 1986, if a contribution is made pursuant to paragraph (1) with respect to qualified settlement income, then-- (A) except as provided in paragraph (4)-- (i) to the extent of such contribution, the qualified settlement income shall not be included in taxable income, and (ii) for purposes of section 72 of such Code, such contribution shall not be considered to be investment in the contract, and (B) the qualified taxpayer shall, to the extent of the amount of the contribution, be treated-- (i) as having received the qualified settlement income-- (I) in the case of a contribution to an individual retirement plan (as defined under section 7701(a)(37) of such Code), in a distribution described in section 408(d)(3) of such Code, and (II) in the case of any other eligible retirement plan, in an eligible rollover distribution (as defined under section 402(f)(2) of such Code), and (ii) as having transferred the amount to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. (4) Special rule for roth iras and roth 401(k)s.--For purposes of the Internal Revenue Code of 1986, if a contribution is made pursuant to paragraph (1) with respect to qualified settlement income to a Roth IRA (as defined under section 408A(b) of such Code) or as a designated Roth contribution to an applicable retirement plan (within the meaning of section 402A of such Code), then-- (A) the qualified settlement income shall be includible in taxable income, and (B) for purposes of section 72 of such Code, such contribution shall be considered to be investment in the contract. (5) Eligible retirement plan.--For purpose of this subsection, the term ``eligible retirement plan'' has the meaning given such term under section 402(c)(8)(B) of the Internal Revenue Code of 1986. (c) Qualified Settlement Income Not Included in SECA.--For purposes of chapter 2 of the Internal Revenue Code of 1986 and section 211 of the Social Security Act, no portion of qualified settlement income received by a qualified taxpayer shall be treated as self-employment income. (d) Qualified Taxpayer.--For purposes of this section, the term ``qualified taxpayer'' means-- (1) any plaintiff in the civil action In re Exxon Valdez, No. 89-095-CV (HRH) (Consolidated) (D. Alaska); or (2) any beneficiary of the estate of such a plaintiff who-- (A) acquired the right to receive qualified settlement income from that plaintiff; and (B) was the spouse or an immediate relative of that plaintiff. (e) Qualified Settlement Income.--For purposes of this section, the term ``qualified settlement income'' means income received (whether as lump sums or periodic payments) in connection with the civil action In re Exxon Valdez, No. 89-095-CV (HRH) (Consolidated) (D. Alaska), including interest (whether pre- or post judgment and whether related to a settlement or judgment).

Summary: Exxon Valdez Oil Spill Tax Treatment Act - Allows taxpayers who are plaintiffs in the civil action In re Exxon Valdez, No. 89-095-CV (HRH) (Consolidated) (D. Alaska), or their heirs or dependents, to: (1) elect to average, for income tax purposes, income received in settlement of such civil action for the period beginning on January 1, 1994, and ending on December 31 of the year in which any settlement income is received; and (2) make contributions of any amount of such settlement income to certain tax-exempt retirement plans in the year such income is received.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Employee Right to Choose Act of 2003''. SEC. 2. STREAMLINING UNIONIZATION PROCESS. The National Labor Relations Act (29 U.S.C. 151 et seq.) is amended-- (1) in section 3(b), in the second sentence-- (A) by striking ``and to'' and inserting ``to''; and (B) by striking ``and certify the results thereof,'' and inserting ``, and to make the certifications provided for in section 9,''; (2) in section 8-- (A) in subsection (b)(7)(C), in the first proviso-- (i) by striking ``the provisions of section 9(c)(1) or''; and (ii) by striking ``direct an election in such unit as the Board finds to be appropriate and shall certify the results thereof'' and inserting ``process the petition in accordance with section 9(c)(1)''; and (B) by striking subsection (d) and inserting the following: ``(d) Collective Bargaining.-- ``(1) In general.--For the purposes of this section, to bargain collectively is the performance of the mutual obligation of the employer and the representative of the employees to meet at reasonable times and confer in good faith with respect to wages, hours, and other terms and conditions of employment, or the negotiation of an agreement, or any question arising thereunder, and the execution of a written contract incorporating any agreement reached if requested by either party, but such obligation does not compel either party to agree to a proposal or require the making of a concession: Provided, That where there is in effect a collective-bargaining contract covering employees in an industry affecting commerce, the duty to bargain collectively shall also mean that no party to such contract shall terminate or modify such contract, unless the party desiring such termination or modification-- ``(A) serves a written notice upon the other party to the contract of the proposed termination or modification 60 days prior to the expiration date thereof, or in the event such contract contains no expiration date, 60 days prior to the time it is proposed to make such termination or modification; ``(B) offers to meet and confer with the other party for the purpose of negotiating a new contract or a contract containing the proposed modifications; ``(C) notifies the Federal Mediation and Conciliation Service within 30 days after such notice of the existence of a dispute, and simultaneously therewith notifies any State or Territorial agency established to mediate and conciliate disputes within the State or Territory where the dispute occurred, provided no agreement has been reached by that time; and ``(D) continues in full force and effect, without resorting to strike or lock-out, all the terms and conditions of the existing contract for a period of 60 days after such notice is given or until the expiration date of such contract, whichever occurs later: The duties imposed upon employers, employees, and labor organizations by subparagraphs (B), (C), and (D) shall become inapplicable upon an intervening certification of the Board, under which the labor organization or individual, which is a party to the contract, has been superseded as or ceased to be the representative of the employees subject to the provisions of section 9(a), and the duties so imposed shall not be construed as requiring either party to discuss or agree to any modification of the terms and conditions contained in a contract for a fixed period, if such modification is to become effective before such terms and conditions can be reopened under the provisions of the contract. Any employee who engages in a strike within any notice period specified in this subsection, or who engages in any strike within the appropriate period specified in subsection (g), shall lose his status as an employee of the employer engaged in the particular labor dispute, for the purposes of sections 8, 9, and 10 of this Act, as amended, but such loss of status for such employee shall terminate if and when he is reemployed by such employer. ``(2) Bargaining for employees of a health care institution.--Whenever the collective bargaining involves employees of a health care institution, the provisions of this subsection shall be modified as follows: ``(A) The notice of paragraph (1)(A) shall be 90 days; the notice of paragraph (1)(C) shall be 60 days; and the contract period of paragraph (1)(D) shall be 90 days. ``(B) Where the bargaining is for an initial agreement following certification or recognition, at least 30 days' notice of the existence of a dispute shall be given by the labor organization to the agencies set forth in paragraph (1)(C). ``(C) After notice is given to the Federal Mediation and Conciliation Service under either clause (A) or (B) of this sentence, the Service shall promptly communicate with the parties and use its best efforts, by mediation and conciliation, to bring them to agreement. The parties shall participate fully and promptly in such meetings as may be undertaken by the Service for the purpose of aiding in a settlement of the dispute. ``(3) Bargaining for an initial agreement.--Whenever the collective bargaining is for an initial agreement following certification or recognition, the provisions of this subsection shall be modified as follows: ``(A) Not later than 10 days after receiving a written request for collective bargaining from an individual or labor organization that has been newly recognized or certified as a representative, as described in section 9(a), or within such further period as the parties agree upon, the parties shall meet and commence to bargain collectively and shall make every reasonable effort to conclude and sign a collective bargaining agreement. ``(B) If after 180 days from the commencement of bargaining, or such further period as the parties agree upon, the parties have failed to reach an agreement, either party may notify the Federal Mediation and Conciliation Service of the existence of a dispute and request mediation. Whenever such a request is received, it shall be the duty of the Service promptly to put itself in communication with the parties and to use its best efforts, by mediation and conciliation, to bring the parties to agreement. ``(C) If after 30 days from the request for mediation, or such further period as the parties agree upon, the Service is not able to bring the parties to agreement by conciliation, the Service shall refer the dispute to an arbitration board established in accordance with such regulations as may be prescribed by the Service. The arbitration panel shall render a decision settling the dispute and such decision shall be binding upon the parties for a period of 2 years, unless amended during such period by written consent of the parties.''; and (3) in section 9-- (A) by striking subsection (c) and inserting the following: ``(c) Hearings on Questions Affecting Commerce; Rules and Regulations.-- ``(1) In general.--Whenever a petition shall have been filed, in accordance with such regulations as may be prescribed by the Board-- ``(A) by an employee or group of employees or any individual or labor organization acting in their behalf alleging that a substantial number of employees wish to be represented for collective bargaining and that their employer declines to recognize their representative as the representative described in subsection (a); or ``(B) by an employer, alleging that an individual or labor organization has presented to the employer a claim to be recognized as the representative described in subsection (a), the Board shall investigate such petition and if the Board has reasonable cause to believe that a question of representation affecting commerce exists, shall provide for an appropriate hearing upon due notice. Such hearing may be conducted by an officer or employee of the regional office, who shall not make any recommendations with respect thereto. If the Board finds upon the record of such hearing that such a question of representation exists, the Board shall direct an election by secret ballot and shall certify the results thereof: Provided, That if the Board finds that, as of the date of the filing of the petition or such other date as the Board considers appropriate, a majority of the employees in a unit appropriate for collective bargaining have signed authorizations designating the individual or labor organization specified in the petition as their bargaining representative, and there is no other individual or labor organization that has been so designated by 30 percent or more of the employees, the Board shall not direct an election but shall certify the individual or labor organization as the representative described in subsection (a). ``(2) Individual or labor organization no longer representative.--Whenever a petition shall have been filed, in accordance with such regulations as may be prescribed by the Board by an employee or group of employees or any individual or labor organization acting in their behalf alleging that a substantial number of employees assert that the individual or labor organization, which has been certified or is being currently recognized by their employer as the bargaining representative, is no longer a representative as described in subsection (a), the Board shall investigate such petition and if the Board has reasonable cause to believe that a question of representation affecting commerce exists shall provide for an appropriate hearing upon due notice. Such hearing may be conducted by an officer or employee of the regional office, who shall not make any recommendations with respect thereto. If the Board finds upon the record of such hearing that such a question of representation exists, it shall direct an election by secret ballot and shall certify the results thereof. ``(3) Regulations and rules of decision.--In determining whether or not a question of representation affecting commerce exists, the same regulations and rules of decision shall apply irrespective of the identity of the persons filing the petition or the kind of relief sought and in no case shall the Board deny a labor organization a place on the ballot by reason of an order with respect to such labor organization or its predecessor not issued in conformity with section 10(c). ``(4) Limitation on election.--No election shall be directed in any bargaining unit or any subdivision within which, in the preceding 12-month period, a valid election shall have been held, and no bargaining representative shall be certified on the basis of a showing of majority support obtained within the 12-month period following such an election. Employees engaged in an economic strike who are not entitled to reinstatement shall be eligible to vote under such regulations as the Board shall find are consistent with the purposes and provisions of this subchapter in any election conducted within 12 months after the commencement of the strike. In any election where none of the choices on the ballot receives a majority, a run-off shall be conducted, the ballot providing for a selection between the 2 choices receiving the largest and second largest number of valid votes cast in the election. ``(5) Rule of construction.--Nothing in this section shall be construed to prohibit the waiving of hearings by stipulation for the purpose of a consent election in conformity with regulations and rules of decision of the Board. ``(6) Determination of appropriate unit.--In determining whether a unit is appropriate for the purposes specified in subsection (b), the extent to which the employees have organized shall not be controlling. ``(7) Guidelines and procedures.--The Board shall develop guidelines and procedures for the designation by employees of a bargaining representative as described in subsection (a). Such guidelines and procedures shall include-- ``(A) model collective bargaining authorization language that may be used for purposes of making the designations described in paragraph (1); and ``(B) procedures to be used by the Board to establish the authenticity of signed authorizations designating bargaining representatives.''; and (B) by striking subsection (e). SEC. 3. CONFORMING AMENDMENTS. Section 8 of the National Labor Relations Act (29 U.S.C. 158) is amended-- (1) in subsection (a)(3)(ii), by striking ``section 9(e)'' and inserting ``section 9(c)(1)''; and (2) in subsection (f), by striking ``9(e)'' and inserting ``9(c)(1)''.

Summary: Employee Right to Choose Act of 2003 - Amends the National Labor Relations Act to revise collective bargaining requirements with respect to bargaining for an initial agreement to require generally shorter deadlines for commencement of bargaining, requests for mediation, and referrals of a dispute to arbitration. Requires certification of a bargaining representative without election if a majority of the bargaining unit employees have authorized designation of the representative and there is no other individual or labor organization so designated by 30 percent or more of the employees. Repeals the requirement for a secret ballot vote on rescission of the authority of a collective bargaining agreement upon petition by 30 percent or more of covered bargaining unit employees.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Highway Runoff Management Act''. SEC. 2. FEDERAL-AID HIGHWAY RUNOFF MANAGEMENT. (a) In General.--Chapter 3 of title 23, United States Code, is amended by adding at the end the following: ``Sec. 330. Federal-aid highway runoff management program ``(a) Definitions.--In this section, the following definitions apply: ``(1) Covered project.--The term `covered project' means a reconstruction, rehabilitation, reconfiguration, renovation, major resurfacing, or new construction project on a Federal-aid highway carried out under this title that results in-- ``(A) a 10-percent or greater increase in impervious surface of the aerial extent within the right-of-way of the project limit on a Federal-aid highway or associated facility; or ``(B) an increase of 1 acre or more in impervious surface coverage. ``(2) Erosive force.--The term `erosive force' means the flowrate within a stream or channel in which channel bed or bank material becomes detached, which in most cases is less than or equal to the flowrate produced by the 2-year storm event. ``(3) Highway runoff.--The term `highway runoff ', with respect to a Federal-aid highway, associated facility, or management measure retrofit project, means a discharge of peak flow rate or volume of runoff that exceeds flows generated under preproject conditions. ``(4) Impacted hydrology.--The term `impacted hydrology' means stormwater runoff generated from all areas within the site limits of a covered project. ``(5) Management measure.--The term `management measure' means a program, structural or nonstructural management practice, operational procedure, or policy on or off the project site that is intended to prevent, reduce, or control highway runoff. ``(b) State Highway Stormwater Management Programs.-- ``(1) In general.--Not later than 1 year after the date of enactment of this section, each State shall-- ``(A) develop a process for analyzing the erosive force of highway runoff generated from covered projects; and ``(B) apply management measures to maintain or restore impacted hydrology associated with highway runoff from covered projects. ``(2) Inclusions.--The management measures established under paragraph (1) may include, as the State determines to be appropriate, management measures that-- ``(A) minimize the erosive force of highway runoff from a covered project on a channel bed or bank of receiving water by managing highway runoff within the area of the covered project; ``(B) manage impacted hydrology in such a manner that the highway runoff generated by a covered project is below the erosive force flow and volume; ``(C) to the maximum extent practicable, seek to address the impact of the erosive force of hydrologic events that have the potential to create or exacerbate downstream channel erosion, including excess pier and abutment scour at bridges and channel downcutting and bank failure of streams adjacent to highway embankments; ``(D) ensure that the highway runoff from the post- construction condition does not increase the risk of channel erosion relative to the preproject condition; and ``(E) employ simplified approaches to determining the erosive force of highway runoff generated from covered projects, such as a regionalized analysis of streams within a State. ``(c) Guidance.-- ``(1) In general.--Not later than 180 days after the date of enactment of this section, the Secretary, in consultation with the heads of other relevant Federal agencies, shall publish guidance to assist States in carrying out this section. ``(2) Contents of guidance.--The guidance shall include guidelines and technical assistance for the establishment of State management measures that will be used to assist in avoiding, minimizing, and managing highway runoff from covered projects, including guidelines to help States integrate the planning, selection, design, and long-term operation and maintenance of management measures consistent with the design standards in the overall project planning process. ``(3) Approval.--The Secretary, in consultation with the heads of other relevant Federal agencies, shall-- ``(A) review the management measures program of each State; and ``(B) approve such a program, if the program meets the requirements of subsection (b). ``(4) Updates.--Not later than 5 years after the date of publication of the guidance under this subsection, and not less frequently than once every 5 years thereafter-- ``(A) the Secretary, in consultation with the heads of other relevant Federal agencies, shall update the guidance, as applicable; and ``(B) each State, as applicable, shall update the management measures program of the State in accordance with the updated guidance. ``(d) Reporting.-- ``(1) In general.--Except as provided in paragraph (2)(A), each State shall submit to the Secretary an annual report that describes the activities carried out under the highway stormwater management program of the State, including a description of any reductions of stormwater runoff achieved as a result of covered projects carried out by the State after the date of enactment of this section. ``(2) Reporting requirements under permit.-- ``(A) In general.--A State shall not be required to submit an annual report described in paragraph (1) if the State-- ``(i) is operating Federal-aid highways in the State in a post-construction condition in accordance with a permit issued under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); ``(ii) is subject to an annual reporting requirement under such a permit (regardless of whether the permitting authority is a Federal or State agency); and ``(iii) carries out a covered project with respect to a Federal-aid highway in the State described in clause (i). ``(B) Transmission of report.--A Federal or State permitting authority that receives an annual report described in subparagraph (A)(ii) shall, on receipt of such a report, transmit a copy of the report to the Secretary.''. (b) Clerical Amendment.--The analysis for chapter 3 of title 23, United States Code, is amended by adding at the end the following: ``330. Federal-aid highway runoff management program.''.

Summary: Highway Runoff Management Act - Requires each state to develop for approval a state highway stormwater management program consisting of management measures to prevent, reduce, or control highway runoff from federal-aid highway projects. Directs the Secretary of Transportation (DOT) to publish guidance to assist states in the establishment of such measures.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Joining Forces for Military Mental Health Act''. SEC. 2. PILOT PROGRAM ON ENHANCEMENTS OF DEPARTMENT OF DEFENSE EFFORTS ON MENTAL HEALTH IN THE NATIONAL GUARD AND RESERVES THROUGH COMMUNITY PARTNERSHIPS. (a) Pilot Program Authorized.-- (1) In general.--The Secretary of Defense may carry out a pilot program to assess the feasibility and advisability of enhancing the efforts of the Department of Defense in research, treatment, education, and outreach on mental health and substance use disorders and Traumatic Brain Injury (TBI) in members of the National Guard and Reserves, their family members, and their caregivers through community partners described in subsection (c). (2) Duration.--The duration of the pilot program may not exceed three years. (b) Grants.--In carrying out the pilot program, the Secretary may award not more than five grants to community partners described in subsection (c). Any grant so awarded shall be awarded using a competitive and merit-based award process. (c) Community Partners.--A community partner described in this subsection is a private non-profit organization or institution (or multiple organizations and institutions) that-- (1) engages in each of the research, treatment, education, and outreach activities described in subsection (d); and (2) meets such qualifications for treatment as a community partner as the Secretary shall establish for purposes of the pilot program. (d) Activities.--Amounts awarded under a grant under the pilot program shall be utilized by the community partner awarded the grant for one or more of the following: (1) To engage in research on the causes, development, and innovative treatment of mental health and substance use disorders and Traumatic Brain Injury in members of the National Guard and Reserves, their family members, and their caregivers. (2) To provide treatment to such members and their families for such mental health and substance use disorders and Traumatic Brain Injury. (3) To identify and disseminate evidence-based treatments of mental health and substance use disorders and Traumatic Brain Injury described in paragraph (1). (4) To provide outreach and education to such members, their families and caregivers, and the public about mental health and substance use disorders and Traumatic Brain Injury described in paragraph (1). (e) Requirement for Matching Funds.-- (1) Requirement.--The Secretary may award a grant under this section to an organization or institution (or organizations and institutions) only if the awardee agrees to make contributions toward the costs of activities carried out with the grant, from non-Federal sources (whether public or private), an amount equal to not less than $3 for each $1 of funds provided under the grant. (2) Nature of non-federal contributions.--Contributions from non-Federal sources for purposes of paragraph (1) may be in cash or in-kind, fairly evaluated. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of contributions from non- Federal sources for such purposes. (f) Application.--An organization or institution (or organizations and institutions) seeking a grant under this section shall submit to the Secretary an application therefore in such a form and containing such information as the Secretary considers appropriate, including the following: (1) A description how the activities proposed to be carried out with the grant will help improve collaboration and coordination on research initiatives, treatment, and education and outreach on mental health and substance use disorders and Traumatic Brain Injury among the Armed Forces. (2) A description of existing efforts by the applicant to put the research described in (c)(1) into practice. (3) If the application comes from multiple organizations and institutions, how the activities proposed to be carried out with the grant would improve coordination and collaboration among such organizations and institutions. (4) If the applicant proposes to provide services or treatment to members of the Armed Forces or family members using grant amounts, reasonable assurances that such services or treatment will be provided by a qualified provider. (5) Plans to comply with subsection (g). (g) Exchange of Medical and Clinical Information.--A community partner awarded a grant under the pilot program shall agree to any requirements for the sharing of medical or clinical information obtained pursuant to the grant that the Secretary shall establish for purposes of the pilot program. The exchange of medical or clinical information pursuant to this subsection shall comply with applicable privacy and confidentiality laws. (h) Dissemination of Information.--The Secretary of Defense shall share with the Secretary of Veterans Affairs information on best practices in research, treatment, education, and outreach on mental health and substance use disorders and Traumatic Brain Injury identified by the Secretary of Defense as a result of the pilot program. (i) Report.--Not later than 180 days before the completion of the pilot program, the Secretary of Defense shall submit to the Secretary of Veterans Affairs, and to Congress, a report on the pilot program. The report shall include the following: (1) A description of the pilot program, including the community partners awarded grants under the pilot program, the amount of grants so awarded, and the activities carried out using such grant amounts. (2) A description of any research efforts advanced using such grant amounts. (3) The number of members of the National Guard and Reserves provided treatment or services by community partners using such grant amounts, and a summary of the types of treatment and services so provided. (4) A description of the education and outreach activities undertaken using such grant amounts. (5) A description of efforts to exchange clinical information under subsection (g). (6) A description and assessment of the effectiveness and achievements of the pilot program with respect to research, treatment, education, and outreach on mental health and substance use disorders and Traumatic Brain Injury. (7) Such recommendations as the Secretary of Defense considers appropriate in light of the pilot program on the utilization of organizations and institutions such as community partners under the pilot program in efforts of the Department described in subsection (a). (8) A description of the metrics used by the Secretary in making recommendations under paragraph (7). (j) Available Funds.--Funds for the pilot program shall be derived from amounts authorized to be appropriated for the Department of Defense for Defense Health Program and otherwise available for obligation and expenditure. (k) Definitions.--In this section, the terms ``family member'' and ``caregiver'', in the case of a member of the National Guard or Reserves, have the meaning given such terms in section 1720G(d) of title 38, United States Code, with respect to a veteran.

Summary: Joining Forces for Military Mental Health Act - Authorizes the Secretary of Defense, through community partnerships with private nonprofit organizations, to carry out a three-year pilot program assessing the enhancement of Department of Defense (DOD) efforts in research, treatment, education, and outreach on mental health and substance use disorders and Traumatic Brain Injury (TBI) in members of the National Guard and Reserves and their family members and caregivers. Allows the Secretary, using a competitive or merit-based award process, to award up to five grants to such community partners, provided that the awardee agrees to make matching contributions from nonfederal sources (whether public or private) of at least $3 for each $1 provided under the grant. Requires grant-seeking organizations to submit an application including a description of proposed collaboration initiatives and existing research efforts.


SECTION 1. SHORT TITLE; REFERENCE. (a) Short Title.--This Act may be cited as the ``Graduate Opportunities in Higher Education Act of 2005''. (b) References.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). SEC. 2. JAVITS FELLOWSHIP PROGRAM. (a) Interruptions of Study.--Section 701(c) (20 U.S.C. 1134(c)) is amended by adding at the end the following new sentence: ``In the case of other exceptional circumstances, such as active duty military service or personal or family member illness, the institution of higher education may also permit the fellowship recipient to interrupt periods of study for the duration of the tour of duty (in the case of military service) or not more than 12 months (in any other case), but without payment of the stipend.''. (b) Allocation of Fellowships.--Section 702(a)(1) (20 U.S.C. 1134a(a)(1)) is amended-- (1) in the first sentence, by inserting ``from diverse geographic regions'' after ``higher education''; and (2) by adding at the end the following new sentence: ``The Secretary shall also assure that at least one representative appointed to the Board represents an institution that is eligible for a grant under title III or V of this Act.''. (c) Stipends.--Section 703 (20 U.S.C. 1134b(a)) is amended-- (1) in subsection (a)-- (A) by striking ``1999-2000'' and inserting ``2006- 2007''; (B) by striking ``shall be set'' and inserting ``may be set''; and (C) by striking ``Foundation graduate fellowships'' and inserting ``Foundation Graduate Research Fellowship Program''; and (2) in subsection (b), by amending paragraph (1)(A) to read as follows: ``(1) In general.--(A) The Secretary shall (in addition to stipends paid to individuals under this subpart) pay to the institution of higher education, for each individual awarded a fellowship under this subpart at such institution, an institutional allowance. Except as provided in subparagraph (B), such allowance shall be, for 2006-2007 and succeeding academic years, the same amount as the institutional payment made for 2005-2006 adjusted for 2006-2007 and annually thereafter in accordance with inflation as determined by the Department of Labor's Consumer Price Index for the previous calendar year.''. (d) Authorization of Appropriations.--Section 705 (20 U.S.C. 1134d) is amended by striking ``fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years'' and inserting ``fiscal year 2006 and such sums as may be necessary for each of the 5 succeeding fiscal years''. SEC. 3. GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED. (a) Designation of Areas of National Need; Priority.--Section 712 (20 U.S.C. 1135a) is amended-- (1) in the last sentence of subsection (b)-- (A) by striking ``and an assessment'' and inserting ``an assessment''; and (B) by inserting before the period at the end the following: ``, and the priority described in subsection (c) of this section''; and (2) by adding at the end the following new subsection: ``(c) Priority.--The Secretary shall establish a priority for grants in order to prepare individuals for the professoriate who will train highly-qualified elementary and secondary school teachers of math, science, and special education, and teachers who provide instruction for limited English proficient individuals. Such grants shall offer program assistance and graduate fellowships for-- ``(1) post-baccalaureate study related to teacher preparation and pedagogy in math and science for students who have completed a master's degree or are pursuing a doctorate of philosophy in math and science; ``(2) post-baccalaureate study related to teacher preparation and pedagogy in special education and English language acquisition and academic proficiency for limited English proficient individuals; and ``(3) support of dissertation research in the fields of math, science, special education, or second language pedagogy and second language acquisition.''. (b) Collaboration Required for Certain Applications.--Section 713(b) (20 U.S.C. 1135b) is amended-- (1) by striking ``and'' at the end of paragraph (9); (2) by redesignating paragraph (10) as paragraph (11); and (3) by inserting after paragraph (9) the following new paragraph: ``(10) in the case of an application for a grant by a department, program, or unit in education or teacher preparation, contain assurances that such department, program, or unit collaborates with departments, programs, or units in all content areas to assure a successful combination of training in both teaching and such content; and''. (c) Stipends.--Section 714(b) (20 U.S.C. 1135c(b)) is amended-- (1) by striking ``1999-2000'' and inserting ``2006-2007''; (2) by striking ``shall be set'' and inserting ``may be set''; and (3) by striking ``Foundation graduate fellowships'' and inserting ``Foundation Graduate Research Fellowship Program''. (d) Additional Assistance.--Section 715(a)(1) (20 U.S.C. 1135d(a)(1)) is amended-- (1) by striking ``1999-2000'' and inserting ``2006-2007''; and (2) by striking ``1998-1999'' and inserting ``2006-2007''. (e) Authorization of Appropriations.--Section 716 (20 U.S.C. 1135e) is amended by striking ``fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years'' and inserting ``fiscal year 2006 and such sums as may be necessary for each of the 5 succeeding fiscal years''. (f) Technical Amendments.--Section 714(c) (20 U.S.C. 1135c(c)) is amended-- (1) by striking ``section 716(a)'' and inserting ``section 715(a)''; and (2) by striking ``section 714(b)(2)'' and inserting ``section 713(b)(2)''. SEC. 4. THURGOOD MARSHALL LEGAL EDUCATIONAL OPPORTUNITY PROGRAM. (a) Contract and Grant Purposes.--Section 721(c) (20 U.S.C. 1136(c)) is amended-- (1) by amending paragraph (2) to read as follows: ``(2) to prepare such students for study at accredited law schools and assist them with the development of analytical skills and study methods to enhance their success and promote completion of law school;''; (2) by striking ``and'' at the end of paragraph (4); (3) by striking the period at the end of paragraph (5) and inserting ``; and''; and (4) by adding at the end the following new paragraph: ``(6) to award Thurgood Marshall Fellowships to eligible law school students-- ``(A) who participated in summer institutes authorized by subsection (d) and who are enrolled in an accredited law school; or ``(B) who are eligible law school students who have successfully completed a comparable summer institute program certified by the Council on Legal Educational Opportunity.''. (b) Services Provided.--Section 721(d)(1)(D) (20 U.S.C. 1136(d)(1)(D)) is amended by inserting ``in analytical skills and study methods'' after ``courses''. (c) Authorization of Appropriations.--Section 721(h) (20 U.S.C. 1136(h)) is amended by striking ``1999 and each of the 4 succeeding fiscal years'' and inserting ``2006 and each of the 5 succeeding fiscal years''. (d) General Provisions.--Subsection (e) of section 731 (20 U.S.C. 1137(e)) is repealed. SEC. 5. FUND FOR THE IMPROVEMENT OF POSTSECONDARY EDUCATION. (a) Contract and Grant Purposes.--Section 741(a) (20 U.S.C. 1138(a)) is amended-- (1) by amending paragraph (1) to read as follows: ``(1) the encouragement of the reform and improvement of, and innovation in, postsecondary education and the provision of educational opportunity for all, especially for the non- traditional student populations;''; (2) in paragraph (2), by inserting before the semicolon at the end the following: ``for postsecondary students, especially those that provide academic credit for programs''; (3) by amending paragraph (3) to read as follows: ``(3) the establishment of institutions and programs based on the technology of communications, including delivery by distance education;''; and (4) by amending paragraph (6) to read as follows: ``(6) the introduction of institutional reforms designed to expand individual opportunities for entering and reentering postsecondary institutions and pursuing programs of postsecondary study tailored to individual needs;''. (b) Areas of National Need.--Section 744(c) (20 U.S.C. 1138c(c)) is amended by striking paragraph (4) and inserting the following: ``(4) International cooperation, partnerships, or student exchange among postsecondary educational institutions in the United States and abroad. ``(5) Establishment of academic programs including graduate and undergraduate courses, seminars and lectures, support of research, and development of teaching materials for the purpose of supporting faculty and academic programs that teach traditional American history (including significant constitutional, political, intellectual, economic, diplomatic, and foreign policy trends, issues, and documents; the history, nature, and development of democratic institutions of which American democracy is a part; and significant events and individuals in the history of the United States). ``(6) Support for planning, applied research, training, resource exchanges or technology transfers, the delivery of services, or other activities the purpose of which is to design and implement programs to enable institutions of higher education to work with private and civic organizations to assist communities to meet and address their pressing and severe problems, including economic development, community infrastructure and housing, crime prevention, education, healthcare, self sufficiency, and workforce preparation.''. (c) Authorization of Appropriations.--Section 745 (20 U.S.C. 1138d) is amended by striking ``$30,000,000 for fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years'' and inserting ``$40,000,000 for fiscal year 2006 and such sums as may be necessary for each of the 5 succeeding fiscal years'' . SEC. 6. URBAN COMMUNITY SERVICE. Part C of title VII (20 U.S.C. 1139 et seq.) is repealed. SEC. 7. DEMONSTRATION PROJECTS TO ENSURE STUDENTS WITH DISABILITIES RECEIVE A QUALITY HIGHER EDUCATION. (a) Serving All Students With Disabilities.--Section 762(a) (20 U.S.C. 1140a(a)) is amended by striking ``students with learning disabilities'' and inserting ``students with disabilities''. (b) Authorized Activities.-- (1) Amendment.--Section 762(b)(2) is amended-- (A) in subparagraph (A), by inserting ``in order to improve retention and completion'' after ``disabilities''; (B) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (E), respectively; (C) by inserting after subparagraph (A) the following new subparagraph: ``(B) Effective transition practices.--The development of innovative, effective, and efficient teaching methods and strategies to ensure the smooth transition of students with disabilities from high school to postsecondary education.''; and (D) by inserting after subparagraph (C) (as redesignated by subparagraph (B) of this paragraph) the following new subparagraph: ``(D) Distance learning.--The development of innovative, effective, and efficient teaching methods and strategies to provide faculty and administrators with the ability to provide accessible distance education programs or classes that would enhance access of students with disabilities to higher education, including the use of electronic communication for instruction and advisement.''. (2) Conforming amendment.--Section 762(b)(3) is amended by striking ``subparagraphs (A) through (C)'' and inserting ``subparagraphs (A) through (E)''. (c) Applications.--Section 763 (20 U.S.C. 1140b) is amended-- (1) by amending paragraph (1) to read as follows: ``(1) a description of how such institution plans to address the activities allowed under this part;''; (2) by striking ``and'' at the end of paragraph (2); (3) by striking the period at the end of paragraph (3) and inserting ``; and''; and (4) by adding at the end the following new paragraph: ``(4) a description of the extent to which an institution will work to replicate the best practices of institutions of higher education with demonstrated success in serving students with disabilities.''. (d) Authorization of Appropriations.--Section 765 (20 U.S.C. 1140d) is amended by striking ``fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years'' and inserting ``fiscal year 2006 and such sums as may be necessary for each of the 5 succeeding fiscal years''.

Summary: Graduate Opportunities in Higher Education Act of 2005 - Amends the Higher Education Act of 1965 (HEA) to revise requirements and reauthorize appropriations for the following Graduate and Postsecondary Improvement Programs under title VII: (1) the Jacob K. Javits fellowship program; (2) the program of graduate assistance in areas of national need; (3) the Thurgood Marshall legal educational opportunity program; (4) the Fund for the Improvement of Postsecondary Education; and (5) demonstration projects to ensure that students with disabilities receive a quality higher education. Eliminates the Urban Community Service program and certain continuation awards.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Gasoline Tax Relief Act of 2006''. SEC. 2. SUSPENSION OF FUEL TAXES ON HIGHWAY MOTOR FUELS WHEN WEEKLY UNITED STATES RETAIL GASOLINE PRICES EXCEED BENCHMARK. (a) In General.--Section 4081 of the Internal Revenue Code of 1986 (relating to imposition of tax on motor and aviation fuels) is amended by adding at the end the following new subsection: ``(f) Suspension of Highway Motor Fuel Taxes When Retail Gasoline Exceeds Benchmark.-- ``(1) In general.--During any suspension period, the tax imposed by section 4041 or 4081 on highway motor fuel shall be suspended. ``(2) Definitions.--For purposes of this subsection-- ``(A) Suspension period.--The term `suspension period' means-- ``(i) the 60-day period beginning 7 days after the date of enactment of this subsection, and ``(ii) after such 60-day period, any period-- ``(I) beginning 7 days after the date on which the weekly United States retail gasoline price for regular grade conventional areas (as published by the Energy Information Administration, Department of Energy), inclusive of such tax, is greater than the benchmark price, and ``(II) ending 7 days after the date on which such price (as so published), without regard to this subsection, does not exceed the benchmark price. ``(B) Benchmark price.--For purposes of this subsection-- ``(i) In general.--The term `benchmark price' means $2.75 per gallon. ``(ii) Adjustment for inflation.--In the case of any calendar year beginning after 2006, the dollar amount in clause (i) shall be increased by an amount equal to-- ``(I) such dollar amount, multiplied by ``(II) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting `calendar year 2005' for `calendar year 1992' in subparagraph (B) thereof. Any increase determined under subclause (II) shall be rounded to the nearest cent. ``(C) Highway motor fuel.--The term `highway motor fuel' means any fuel subject to tax under section 4041 or 4081 other than aviation gasoline and aviation-grade kerosene.''. (b) Maintenance of Trust Funds Deposits; Amounts Appropriated to Trust Funds Treated as Taxes.-- (1) In general.--There is hereby appropriated (out of any money in the Treasury not otherwise appropriated) to each trust fund which would (but for this subsection) receive reduced revenues as a result of a suspension in a rate of tax by reason of section 4081(f)(1) of the Internal Revenue Code of 1986 (as added by this section) an amount equal to such reduction in revenues. Amounts appropriated by the preceding sentence to any trust fund-- (A) shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred had subsection (a) not been enacted, and (B) shall be treated for all purposes of Federal law as taxes received under the appropriate section referred to in such section 4081(f)(1). (c) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. (d) Floor Stock Refunds.-- (1) In general.--If-- (A) before the tax suspension date, tax has been imposed under section 4081 of the Internal Revenue Code of 1986 on any highway motor fuel, and (B) on such date such fuel is held by a dealer and has not been used and is intended for sale, there shall be credited or refunded (without interest) to the person who paid such tax (hereafter in this subsection referred to as the ``taxpayer'') an amount equal to the excess of the tax paid by the taxpayer over the tax which would be imposed on such fuel had the taxable event occurred on such date. (2) Time for filing claims.--No credit or refund shall be allowed or made under this subsection unless-- (A) claim therefor is filed with the Secretary of the Treasury before the date which is 6 months after the tax suspension date based on a request submitted to the taxpayer before the date which is 3 months after the tax suspension date by the dealer who held the highway motor fuel on such date, and (B) the taxpayer has repaid or agreed to repay the amount so claimed to such dealer or has obtained the written consent of such dealer to the allowance of the credit or the making of the refund. (3) Exception for fuel held in retail stocks.--No credit or refund shall be allowed under this subsection with respect to any highway motor fuel in retail stocks held at the place where intended to be sold at retail. (4) Definitions.--For purposes of this subsection-- (A) Tax suspension date.--The term ``tax suspension date'' means the first day of any suspension period in effect under section 4081(f) of the Internal Revenue Code of 1986 (as added by subsection (a) of this section). (B) Other terms.--The terms ``dealer'' and ``held by a dealer'' have the respective meanings given to such terms by section 6412 of such Code. (5) Certain rules to apply.--Rules similar to the rules of subsections (b) and (c) of section 6412 of such Code shall apply for purposes of this subsection. (e) Floor Stocks Tax.-- (1) Imposition of tax.--In the case of any highway motor fuel which is held on the tax restoration date by any person, there is hereby imposed a floor stocks tax equal to the excess of the tax which would be imposed on such fuel had the taxable event occurred on such date over the tax (if any) previously paid (and not credited or refunded) on such fuel. (2) Liability for tax and method of payment.-- (A) Liability for tax.--The person holding highway motor fuel on the tax restoration date to which the tax imposed by paragraph (1) applies shall be liable for such tax. (B) Method of payment.--The tax imposed by paragraph (1) shall be paid in such manner as the Secretary shall prescribe. (C) Time for payment.--The tax imposed by paragraph (1) shall be paid on or before the 45th day after the tax restoration date. (3) Definitions.--For purposes of this subsection-- (A) Tax restoration date.--The term ``tax restoration date'' means the first day after the end of any suspension period (as defined in section 4081(f) of the Internal Revenue Code of 1986). (B) Highway motor fuel.--The term ``highway motor fuel'' has the meaning given to such term by section 4081(f) of such Code. (C) Held by a person.--A highway motor fuel shall be considered as held by a person if title thereto has passed to such person (whether or not delivery to the person has been made). (D) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. (4) Exception for exempt uses.--The tax imposed by paragraph (1) shall not apply to any highway motor fuel held by any person exclusively for any use to the extent a credit or refund of the tax is allowable for such use. (5) Exception for certain amounts of fuel.-- (A) In general.--No tax shall be imposed by paragraph (1) on any highway motor fuel held on the tax restoration date by any person if the aggregate amount of such highway motor fuel held by such person on such date does not exceed 2,000 gallons. The preceding sentence shall apply only if such person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this subparagraph. (B) Exempt fuel.--For purposes of subparagraph (A), there shall not be taken into account any highway motor fuel held by any person which is exempt from the tax imposed by paragraph (1) by reason of paragraph (4). (C) Controlled groups.--For purposes of this subsection-- (i) Corporations.-- (I) In general.--All persons treated as a controlled group shall be treated as 1 person. (II) Controlled group.--The term ``controlled group'' has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes the phrase ``more than 50 percent'' shall be substituted for the phrase ``at least 80 percent'' each place it appears in such subsection. (ii) Nonincorporated persons under common control.--Under regulations prescribed by the Secretary, principles similar to the principles of subparagraph (A) shall apply to a group of persons under common control if 1 or more of such persons is not a corporation. (6) Other laws applicable.--All provisions of law, including penalties, applicable with respect to the taxes imposed by section 4081 of such Code shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply with respect to the floor stock taxes imposed by paragraph (1) to the same extent as if such taxes were imposed by such section.

Summary: Gasoline Tax Relief Act of 2006 - Amends the Internal Revenue Code to suspend excise taxes on diesel and other highway motor fuels during specified periods when weekly retail gasoline prices as published by the Department of Energy exceed $2.75 per gallon.