SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Distributed Energy Grid Integration Act''. SEC. 2. FINDINGS. Congress finds that-- (1) research by the Secretary of Energy and the Administrator of the Environmental Protection Agency has found that clean distributed energy technologies can create important values for both the host facility and the electric grid operator; (2) the values described in paragraph (1) can include, for the host facility-- (A) energy bill savings; (B) additional revenue from offering ancillary services to the electric grid operator; (C) increased electric reliability in the event of grid outages; and (D) improved electric power quality; (3) the values described in paragraph (1) can include, for the electric grid operator-- (A) avoiding the need for transmission and distribution upgrade investments; (B) enhanced grid stability by providing reactive power; (C) voltage and frequency stabilization; and (D) more reliable and stable operation of the grid by providing dispatchable energy to the grid during periods of insufficient capacity or supply; and (4) new advances in intelligent sensing and simulation and control technologies offer the potential to enhance the benefits of clean distributed generation to both the host facility and the electric grid operator from dynamic, adaptive, and anticipatory response to changing grid conditions. SEC. 3. DEFINITIONS. In this Act: (1) Ancillary service.--The term ``ancillary service'' means those services necessary to support the transmission of electric power from seller to purchaser given the obligations of control areas and transmitting utilities within those control areas to maintain reliable operations of the interconnected transmission system. (2) Clean distributed energy.--The term ``clean distributed energy'' means energy technologies that are located on the customer site operating on the customer side of the electric meter and are interconnected with the electric grid. (3) Combined heat and power technology.--The term ``combined heat and power technology'' means the generation of electric energy and heat in a single, integrated system that meets the efficiency criteria in clauses (ii) and (iii) of section 48(c)(3)(A) of the Internal Revenue Code of 1986, under which heat that is conventionally rejected is recovered and used to meet thermal energy requirements. (4) Energy storage.--The term ``energy storage'' means technologies that store electric energy and are able to discharge on demand to meet customer or grid needs for electric energy. (5) Fuel cell.--The term ``fuel cell'' means a device that produces electric energy directly from a chemical reaction. (6) Grid.--The term ``grid'' means the electric grid that is composed on both distribution and transmission lines, and associated facilities, including substations, sensors, and operational controls. (7) Intelligence.--The term ``intelligence'' means any devices or technologies that manifest adaptive, anticipatory, and dynamic optimization behavior. (8) Qualified waste heat resource.-- (A) In general.--The term ``qualified waste heat resource'' means-- (i) exhaust heat or flared gas from any industrial process; (ii) waste gas or industrial tail gas that would otherwise be flared, incinerated, or vented; (iii) a pressure drop in any gas for an industrial or commercial process; or (iv) any other form of waste heat resource, as determined by the Secretary. (B) Exclusion.--The term ``qualified waste heat resource'' does not include a heat resource from a process the primary purpose of which is the generation of electricity using a fossil fuel. (9) Secretary.--The term ``Secretary'' means the Secretary of Energy. (10) Waste heat to power technology.--The term ``waste heat to power technology'' means a system that generates electricity through the recovery of a qualified waste heat resource. SEC. 4. RESEARCH AND DEPLOYMENT PLAN FOR ENHANCED INTEGRATION OF CLEAN DISTRIBUTED ENERGY WITH THE GRID. (a) In General.--The Secretary shall carry out efforts for advancing the integration of clean distributed energy into electric grids. (b) Study and Report on the Status of Grid Integration.-- (1) In general.--In carrying out the efforts under subsection (a) and not later than 180 days after the date of enactment of this Act, the Secretary shall conduct a study on the status of integration of clean distributed energy into the grid, identifying any issues that require additional research or regulatory development. (2) Inclusions.--In conducting the study under paragraph (1), the Secretary shall-- (A) identify and quantify the benefits to all stakeholders of expanded integration of clean distributed energy resources into the grid; (B) identify any technical issues that require research to identify solutions; and (C) identify any regulatory barriers that inhibit the expanded integration of clean distributed energy resources into the grid. (3) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report describing the results of the study conducted under paragraph (1). (4) Funding.--The Secretary shall use unobligated funds of the Department of Energy to carry out this subsection. (c) Research Into the Technical Barriers to the Integration of Clean Distributed Energy With the Grid.-- (1) In general.--Not later than 18 months after the date of enactment of this Act, the Secretary shall-- (A) issue a solicitation for research proposals to address the technical barriers identified in the report submitted under subsection (b)(3); and (B) make grants to those applicants with research proposals selected by the Secretary in accordance with paragraph (2). (2) Criteria.--The Secretary shall select research proposals to receive a grant under this subsection on the basis of merit, using criteria identified by the Secretary, including the likelihood that the research results will address critical barriers identified by the Secretary. (3) Funding.--Beginning in the first full fiscal year following the date of enactment of this Act, and annually thereafter for 2 years, the Secretary may request funding as necessary to carry out this subsection, but in no case shall funding exceed $5,000,000 in any 1 fiscal year. (d) Creation of a Stakeholder Working Group.-- (1) In general.--Not later than 18 months after the date of enactment of this Act, the Secretary shall convene a working group (referred to in this subsection as the ``Group'') to address regulatory barriers to deployment of intelligent grid integration of clean distributed energy technologies. (2) Purpose.--The purpose of the Group is to provide guidance on how to address the technical, regulatory and economic factors that limit widespread integration of grid- level clean distributed energy use in order to advance the integration of clean distributed energy into electric grids. (3) Membership.-- (A) In general.--The Group shall be composed of representatives of all groups determined by the Secretary to have a material interest in the development, implementation, siting, and integration of clean distributed energy technology or systems into the electric grid. (B) Criteria.--Members shall be selected-- (i) from representatives that apply as a result of a public announcement from the Secretary; and (ii) by the Secretary based on qualifications and balance of interests represented by the selected individuals. (4) Duties.--The duties of the Group shall be-- (A) to review the regulatory barriers identified in the report prepared by the Secretary under subsection (b)(3); (B) to identify any additional regulatory barriers that inhibit the installation of distributed energy; and (C) to recommend to the Secretary any actions that should be undertaken to remove these barriers. (5) Report.--Not later than 3 years after the date of enactment of this Act, the Secretary shall prepare and submit to Congress a report based on the recommendations of the Group under paragraph (4)(C), to be made publicly available. (6) Funding.--The Secretary may request funding as necessary to carry out this subsection, but in no case shall funding exceed $2,000,000 in any 1 fiscal year. (e) Demonstrations of Intelligent Grid Integration of Clean Distributed Energy Systems.-- (1) In general.--Based on the findings in the reports conducted under this section and not later than 3 years after the date of enactment of this Act, the Secretary shall issue a solicitation for demonstration of integration of distributed energy resources into the grid. (2) Eligible entities.--Any individual entity or group of entities may submit to the Secretary proposals for demonstration projects based on the solicitation described in paragraph (1), including-- (A) State and local agencies; (B) public institutions; (C) private companies; (D) electric utilities; and (E) equipment manufacturers. (3) Grants authorized.--The Secretary may make grants, in amounts not to exceed a total of $5,000,000, to eligible entities to carry out demonstration projects, to be selected based on-- (A) the technical merits of the demonstration project; (B) the likelihood that the demonstration project will address critical barriers identified by the Secretary under this section; and (C) the share of non-Federal funds for the demonstration project. (4) Funding.--Beginning in the third full fiscal year following the date of enactment of this Act, and annually thereafter for 3 years, the Secretary may request funding as necessary to carry out this subsection, but in no case shall funding exceed $15,000,000 in any 1 fiscal year. (f) Report.--The Secretary annually shall submit to Congress a report that-- (1) describes the progress made in carrying out this section; and (2) identifies any technical or regulatory issues that require legislative action.

Summary: Clean Distributed Energy Grid Integration Act This bill directs the Department of Energy (DOE) to: (1) study the status of integration of clean distributed energy into electric grids, (2) identify issues requiring additional research or regulatory development, and (3) make grants for research proposals that address technical barriers identified in the study. "Clean distributed energy" means energy technologies that are located on the customer site operating on the customer side of the electric meter and are interconnected with the electric grid. DOE shall convene a stakeholder working group to: address regulatory barriers to deployment of intelligent grid integration of clean distributed energy technologies; and provide guidance on how to address the technical, regulatory, and economic factors that limit widespread integration of grid-level clean distributed energy use in order to advance the integration of such energy into electric grids. DOE may make grants to implement integration demonstration projects, based on study findings, to state and local agencies, public institutions, private companies, electric utilities, and equipment manufacturers.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Pima County Land Adjustment Act''. SEC. 2. LAND EXCHANGE, IRONWOOD-MOORE, EMPIRITA-SIMONSON, AND SAHUARITA PROPERTIES, ARIZONA. (a) Exchange Authorized.--If Las Cienegas Conservation, LLC, conveys to the Secretary of the Interior all right, title, and interest of Las Cienegas Conservation, LLC, in and to the Ironwood-Moore property and the Empirita-Simonson property, the Secretary shall convey to Las Cienegas Conservation, LLC, all right, title, and interest of the United States in and to the Sahuarita property. (b) Boundary Adjustment.--Upon receipt of the Empirita-Simonson property, the Secretary shall modify the boundaries of the Las Cienegas National Conservation Area to include the Empirita-Simonson property. (c) Time for Exchange.--Except as otherwise provided by this Act, the land exchange authorized under this section shall be completed prior to the expiration of the 90-day period beginning on the later of the following dates: (1) The date on which the title standards described in section 4(a) are met with regard to the properties to be conveyed to the United States. (2) The date on which the appraisals described in section 4(c)(1) for the properties are approved by both the Secretary and Las Cienegas Conservation, LLC, or in the case of a dispute concerning an appraisal or appraisal issue arising under that section, the date the dispute is resolved under that section. (d) Cash Equalization Payment.-- (1) In general.--If the values of lands to be exchanged under this section are not equal, they shall be equalized by the payment of cash to the Secretary or Las Cienegas Conservation, LLC, as the circumstances dictate, in accordance with section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)). (2) Disposition and use of funds.--Notwithstanding any other provision of law, any cash equalization payment received by the Secretary under this section shall be deposited into a separate account in the Treasury, which shall be available to the Secretary, without further appropriation and until expended, solely for the purpose of-- (A) the acquisition of land or interests in land within or adjacent to national conservation lands in southern Arizona; and (B) resource management by the Bureau of Land Management in Pima County, Arizona. (e) Water Rights.-- (1) Lands owned by pima county.--The exchange under this section may not take place unless Neal Simonson and Pima County, Arizona, enter into an agreement under which Neal Simonson relinquishes to Pima County any right to withdraw water from lands owned by Pima County in section 17, township 17 south, range 18 east, Gila and Salt River Baseline and Meridian. (2) Empirita-simonson property.--The exchange under this section may not take place unless Neal Simonson and the Secretary enter into an agreement under which Neal Simonson limits his reserved withdrawal right on the Empirita-Simonson property to maximum of 550 acre feet per year. (f) Road Access Prohibited.--The Secretary may not construct or authorize the construction of any temporary or permanent road in any portion of the Empirita-Simonson property acquired under this section if the road would provide access to or from any property which is not within the Las Cienegas National Conservation Area. (g) Environmental Review.--As a condition of the exchange, Las Cienegas Conservation, LLC, shall reimburse the Secretary for the direct costs of all environmental reviews of the lands to be exchanged under this section that are required by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (h) Endangered Species Act Review.--The Secretary shall review the conveyance of the Sahuarita property under this section in accordance with section 7(a)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1536(a)(1)). SEC. 3. ACQUISITION AND CONVEYANCE OF TUMAMOC HILL PROPERTY. (a) Acquisition of Tumamoc Hill Property.-- (1) In general.--Notwithstanding any other provision of law, upon the expiration of the 30-day period beginning on the date of the enactment of this Act, all right, title, and interest to, and the right to immediate possession of, the Tumamoc Hill property is hereby vested in the United States. The Tumamoc Hill property shall remain subject to existing easements of record. (2) Compensation.--As consideration for the Tumamoc Hill property acquired under paragraph (1), the State of Arizona, State Land Department, shall receive an amount equal to the agreed negotiated value of the Tumamoc Hill property, determined as of the date of the acquisition, or the just compensation determined by judgment. (3) Determination of value by court.--In the absence of agreement as to the amount of just compensation, the State of Arizona or the Secretary may initiate a proceeding in the United States District Court for the District of Arizona seeking a determination of just compensation for the acquisition of the Tumamoc Hill property. (b) Conveyance Authorized.-- (1) In general.--When Pima County, Arizona, pays to the State of Arizona, State Land Department, the amount of compensation determined under subsection (a), the Secretary shall convey to Pima County all right, title, and interest of the United States in and to the Tumamoc Hill property. (2) Time for conveyance.--The conveyance authorized under paragraph (1) shall be completed prior to the expiration of the 60-day period which begins on the date Pima County pays to the State of Arizona, State Land Department, the amount described in paragraph (1). SEC. 4. ADMINISTRATION OF LAND EXCHANGES. (a) Title Standards.--The Secretary shall require that title to the lands to be exchanged under this Act conform with the title standards of the Attorney General of the United States. (b) Corrections to Legal Descriptions.--By mutual agreement, the Secretary and the party involved may adjust the legal descriptions contained in this Act to correct errors or to make minor adjustments in the boundaries of the lands to be exchanged. (c) Appraisals.-- (1) In general.--The values of the lands to be exchanged under this Act shall be determined by the Secretary through an appraisal performed by a qualified appraiser mutually agreed to by the Secretary and the party involved and performed in conformance with the Uniform Appraisal Standards for Federal Land Acquisitions (United States Department of Justice, December 2000), the Uniform Standards of Professional Appraisal Practice, and section 206(d) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(d)). (2) Deadline for appraisals.--All appraisals under this Act shall be completed and submitted to the Secretary and the party involved for approval before the expiration of the 180-day period beginning on the date of the enactment of this Act. (d) Deadline for Environmental Reviews.--Before the expiration of the 180-day period beginning on the date of the enactment of this Act, the Secretary shall complete all environmental reviews of lands to be exchanged under this Act that are required by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). SEC. 5. DEFINITIONS. In this Act: (1) The term ``Empirita-Simonson property'' means the parcel of land consisting of approximately 2,490 acres in sections 14, 22, 23, 24, 25, 26, and 36, township 17 south, range 18 east, Gila and Salt River Base and Meridian. (2) The term ``Ironwood-Moore property'' means the parcel of land consisting of approximately 600 acres in section 32, township 11 south, range 9 east, Gila and Salt River Base and Meridian. (3) The term ``Sahuarita property'' means the parcel of land consisting of approximately 1,280 acres in sections 5, 7, and 8, township 17 south, range 15 east, Gila and Salt River Base and Meridian. (4) The term ``Secretary'' means the Secretary of the Interior. (5) The term ``Tumamoc Hill property'' means the parcel of land owned by the State of Arizona consisting of approximately 290 acres in sections 9, 10, 15, and 16 township 14 south, range 13 east, Gila and Salt River Base and Meridian, excluding approximately 30 acres of landfill as shown on the map on file in the records of Pima County, Arizona.

Summary: Pima County Land Adjustment Act - Requires the Secretary of the Interior to convey to Las Cienegas Conservation, LLC, the Sahuarita property, which consists of approximately 1,280 acres, in exchange for both the Ironwood-Moore property, which consists of approximately 600 acres, and the Empirita-Simonson property, which consists of approximately 2,490 acres. Requires the Secretary to modify the boundaries of the Las Cienegas National Conservation to include the Empirita-Simonson property. Requires the Secretary to convey the Tumamoc Hill property, which consists of approximately 290 acres, to Pima County, Arizona upon the County paying the value of such property to the State of Arizona and the State Land Department.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Transportation Security Technology Innovation Reform Act of 2018''. SEC. 2. DEFINITIONS. In this Act: (1) Administration.--The term ``Administration'' means the Transportation Security Administration. (2) Administrator.--The term ``Administrator'' means the Administrator of the Administration. (3) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. (4) Department.--The term ``Department'' means the Department of Homeland Security. SEC. 3. TRANSPORTATION SYSTEMS INTEGRATION FACILITY. (a) In General.--There is established in the Administration a Transportation Security Administration Systems Integration Facility (TSIF) for the purposes of testing and evaluating advanced transportation security screening technologies related to the mission of the Administration. The TSIF shall-- (1) evaluate such technologies to enhance the security of transportation systems through screening and threat mitigation and detection; (2) conduct testing of such technologies to support identified mission needs of the Administration and to meet requirements for acquisitions and procurement; (3) to the extent practicable, provide original equipment manufacturers with test plans to minimize requirement interpretation disputes and adhere to provided test plans; (4) collaborate with other technical laboratories and facilities for purposes of augmenting TSIF's capabilities; (5) deliver advanced transportation security screening technologies that enhance the overall security of domestic transportation systems; and (6) to the extent practicable, provide funding and promote efforts to enable participation by a small business concern (as such term is described under section 3 of the Small Business Act (15 U.S.C. 632)) that has an advanced technology or capability but does not have adequate resources to participate in testing and evaluation processes. (b) Staffing and Resource Allocation.--The Administrator shall ensure adequate staffing and resource allocations for the TSIF in a manner which-- (1) prevents unnecessary delays in testing and evaluating advanced transportation security screening technologies for acquisitions and procurement determinations; (2) ensures the issuance of final paperwork certification does not exceed 45 days after the conclusion of such testing and evaluation; and (3) collaborates with technology stakeholders to close capabilities gaps in transportation security. (c) Timeframe.-- (1) In general.--The Administrator shall notify the appropriate congressional committees whenever testing and evaluation by TSIF of an advanced transportation security screening technology under this section exceeds 180 days as determined from the date on which the owner of such technology turned over such technology to the Administration after installation for testing and evaluation purposes, as evidenced by a signed Test Readiness Notification from such owner to the Administration. Such notification shall include-- (A) information relating to the arrival date of such technology; (B) reasons why the testing and evaluation process has exceeded 180 days; and (C) an estimated time for completion of such testing and evaluation. (2) Retesting and evaluation.--Advanced transportation security screening technology that fails testing and evaluation by the TSIF may be retested and evaluated. (d) Relationship to Other Department Entities and Federal Agencies.--The authority of the Administrator under this title shall not affect the authorities or responsibilities of any officer of the Department or of any officer of any other department or agency of the United States with respect to research, development, testing, and evaluation, including the authorities and responsibilities of the Undersecretary for Science and Technology of the Department and the Countering Weapons of Mass Destruction Office of the Department. SEC. 4. REVIEW OF TECHNOLOGY ACQUISITIONS PROCESS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Administrator shall, in coordination with relevant officials of the Department, conduct a review of existing advanced transportation security screening technology development, acquisitions, and procurement practices within the Administration. Such review shall include-- (1) identifying process delays and bottlenecks within the Department and the Administration regarding how such technology is identified, developed, acquired, and deployed; (2) assessing whether the Administration can better leverage existing resources or processes of the Department for the purposes of technology innovation and development; (3) assessing whether the Administration can further encourage innovation and competition among technology stakeholders, including through increased participation of and funding for small business concerns (as such term is described under section 3 of the Small Business Act (15 U.S.C. 632)); (4) identifying best practices of other Department components or United States Government entities; and (5) a plan to address problems and challenges identified by such review. (b) Briefing.--The Administrator shall provide to the appropriate congressional committees a briefing on the findings of the review required under this section and a plan to address problems and challenges identified by such review. SEC. 5. ADMINISTRATION ACQUISITIONS AND PROCUREMENT ENHANCEMENT. (a) In General.--The Administrator shall-- (1) engage in outreach, coordination, and collaboration with transportation stakeholders to identify and foster innovation of new advanced transportation security screening technologies; (2) streamline the overall technology development, testing, evaluation, acquisitions, procurement, and deployment processes of the Administration; and (3) ensure the effectiveness and efficiency of such processes. SEC. 6. ASSESSMENT. The Secretary of Homeland Security, in consultation with the Chief Privacy Officer of the Department of Homeland Security, shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a compliance assessment of the Transportation Security Administration's acquisition process relating to the health and safety risks associated with implementation of screening technologies. Passed the House of Representatives June 25, 2018. Attest: KAREN L. HAAS, Clerk.

Summary: Transportation Security Technology Innovation Reform Act of 2018 (Sec. 3) This bill establishes in the Transportation Security Administration (TSA) a Transportation Security Administration Systems Integration Facility (TSIF) for the purpose of testing and evaluating advanced transportation security screening technologies related to the mission of the TSA. The TSA shall notify Congress whenever testing and evaluation by the TSIF of an advanced transportation security screening technology exceeds 180 days. (Sec. 4) The TSA shall review existing advanced transportation security screening technology development, acquisitions, and procurement practices within the TSA. (Sec. 5) The TSA shall: (1) engage in outreach, coordination, and collaboration with transportation stakeholders to identify and foster innovation of new advanced transportation security screening technologies; (2) streamline the overall technology development, testing, evaluation, acquisitions, procurement, and deployment processes of the TSA; and (3) ensure the effectiveness and efficiency of such processes. (Sec. 6) The Department of Homeland Security shall submit to the congressional homeland security committees a compliance assessment of TSA's acquisition process relating to the health and safety risks associated with implementation of screening technologies.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Defense of Freedom Education Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) In order to preserve and defend freedom and civilization, especially in these challenging times, future generations of Americans must be taught to understand their full significance and value, and the threats with which they are faced. (2) Basic knowledge of United States and Western history is essential to full and informed participation in civic life and to the larger vibrancy of the American experiment in self- government, binding together a diverse people into a single Nation with a common purpose. (3) American citizens who lack knowledge of the organizing principles of Western civilization will also lack a true understanding and appreciation of the democratic principles that define and sustain America as a free people, such as liberty, justice, tolerance, government by the consent of the governed, and equality under the law. (4) America's colleges and universities are bellwethers of national priorities and values, setting standards for the whole of the United States education system and sending signals to students, teachers, parents, and public schools about what every educated citizen in a democracy must know. (5) Most of the Nation's colleges and universities no longer require United States history or systematic study of Western civilization as a prerequisite to graduation. (6) Distinguished historians and intellectuals fear that without a common civic memory and a common understanding of the remarkable individuals, events, and ideals that have shaped the Nation, the people in the United States risk losing much of what it means to be an American, as well as the ability to fulfill the fundamental responsibilities of citizens in a democracy. (b) Purposes.--The purposes of this Act are as follows: (1) To establish and strengthen post-secondary education programs emphasizing the nature, history and philosophy of free institutions, the nature of Western civilization, and the nature of the threats to freedom from totalitarianism in all its forms. (2) To develop innovative teacher education programs designed to equip teachers to more effectively impart a knowledge of the nature of free institutions, the threats to free institutions, and the content of Western civilization to elementary, middle and high school teachers. SEC. 3. DEFINITIONS. For purposes of this Act: (1) American founding.--The term ``American founding'' means a field of study in an institution of higher education that-- (A) encompasses part or all of the period of American history between the years 1607 through 1865, with particular emphasis on the years 1763-1865; (B) focuses on the major events, issues and historical personages of this period; (C) examines the historical antecedents of the major events, issues and historical personages described in subparagraph (B); or (D) conforms with other criteria that the secretary may prescribe. (2) Defense of freedom.--The term ``defense of freedom'' means fields of study in an institution of higher education that-- (A) examines potent political threats to free institutions (as such term is defined in this Act), including communism, fascism, national socialism, and nihilism; or (B) examines human tendencies that threaten free institutions, including tribalism, racism, caste consciousness, and zealotry; or (C) examines world history in the period 1901 through 2001, with particular emphasis on the years 1914 to the present, in order to understand the challenges of maintaining a free society while resisting totalitarian movements of global ambition. (3) Eligible institution.-- (A) In general.--The term ``eligible institution'' means-- (i) institutions of higher education; (ii) specific programs within an institution of higher education; (iii) foundations associated with institutions of higher education or with specific programs within an institution of higher education; or (iv) other nonprofit organizations participating in, or supporting, the development of academic programs described in section 2. (B) Special rule.--Organizations described in subparagraph (A)(iv) may apply to award subgrants to eligible institutions at the discretion of, and subject to the oversight of, the Secretary. Grants to such organizations shall not be subject to the limitations of section 4(f). (4) Free institution.--The term ``free institution'', for the purposes of this Act, means institutions characteristic of Western Civilization, such as democracy, universalism, individual rights market economics, religious freedom and tolerance, and freedom of thought and inquiry. (5) Institution of higher education.--The term ``institution of higher education'' has the same meaning given that term under section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (6) Secretary.--The term ``Secretary'' means the Secretary of Education. (7) Western civilization.--The term ``western civilization'' means a field of study in an institution of higher education that-- (A) encompasses part or all of the period of European history between 500 B.C. and the present day; (B) encompasses part or all of the period of American history between 1607 and the present day; (C) focuses on major events, issues, and historical personages of the period described in subparagraphs (A) and (B); and (D) examines the historical antecedents of the major events, issues, and historical personages described in subparagraph (C); or (E) examines the development of free institutions characteristic of Western civilization, as such term is defined in this Act; (F) examines the intellectual, cultural, political and religious underpinnings of Western civilization, such as the scientific enterprise, entrepreneurship, political pluralism, egalitarianism, moral universalism, and the belief in the possibility of progress; (G) examines the characteristic negative features of Western civilization, such as totalitarianism and social Darwinism; (H) examines the interaction of the West with other civilizations, the Western debt to other civilizations, and the comparative study of high civilization; or (I) conforms with other criteria that the Secretary may prescribe. SEC. 4. GRANTS TO ELIGIBLE INSTITUTIONS. (a) In General.--From amounts appropriated to carry out this Act, the Secretary shall provide, on a competitive basis, grants to eligible institutions which shall be used for one or more of the following: (1) Research, planning, and coordination activities devoted to the ends of this Act. (2) Design and implementation of courses and the development of new, and supporting of existing, centers devoted to the ends of this Act. (3) Research and publication costs of relevant readers and other course materials devoted to the ends of this Act. (4) General expenses associated with carrying out this section. (5) Salaries and expenses of faculty teaching in undergraduate and graduate programs focused on the American founding, defense of freedom, and Western civilization. (6) Support of graduate and postgraduate fellowships for scholars in the fields related to the American founding, the defense of freedom, and Western civilization. (7) Development of teacher education programs that-- (A) stress content mastery in history or government; and (B) stress civic education preparation, including the history and philosophy of free institutions, and the study of Western civilization). (b) Selection Criteria.--In selecting eligible institutions for grants under this section for any fiscal year, the Secretary shall establish criteria by regulation. (c) Required Criteria.--In establishing criteria under subsection (b), the Secretary shall consider the following selection criteria in making grants: (1) Educational value, and relevance to one or more purpose described in section 2 of the proposed project. (2) Plan of operation. (3) Qualification of key personnel. (4) Budget and cost effectiveness. (5) Evaluation plan. (6) Adequacy of resources. (7) Identification of need for the project. (8) Potential institutional impact of the project. (9) Institutional commitment to the project. (d) Grant Application.--An eligible institution that desires to receive a grant under this Act shall submit to the Secretary an application therefor at such time or times, or in such manner, and containing such information as the Secretary may prescribe by regulation. Such application shall set forth-- (1) a program of activities for carrying out the purposes described in section 2 in such detail as will enable the Secretary to determine the degree to which such program will accomplish such purpose; and (2) such other policies, procedures, and assurances as the Secretary may require by regulation. (e) Grant Review.--The Secretary shall establish procedures for reviewing and evaluating grants and contracts made or entered into under such programs. (f) Grant Awards.--For the purposes of this Act, the Secretary shall award grants of not less than $400,000 and not more than $6,000,000 to eligible institutions. (g) Multiple Awards.--For the purposes of this Act, the Secretary may award more than one grant to an eligible institution. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) For the purpose of carrying out this Act, there are authorized to be appropriated-- (1) $140,000,000 for fiscal year 2003; and (2) such sums as may be necessary for each of the succeeding 5 fiscal years. SEC. 6. EFFECTIVE DATE. This Act shall take effect on September 1, 2002.

Summary: Defense of Freedom Education Act - Directs the Secretary of Education to make competitive grants to eligible institutions of higher education, foundations, and other nonprofit institutions for various activities supporting academic programs focused on the American founding, defense of freedom, Western civilization, and free institutions (focused programs).Allows use of grants for: (1) research, planning, and coordination; (2) design and implementation of courses, and development and support of centers; (3) research and publication costs of course materials; (4) associated general expenses; (5) salaries and expenses of faculty teaching in undergraduate and graduate focused programs; (6) support of graduate and postgraduate fellowships for scholars in fields related to focused programs; and (7) development of teacher education programs that stress content mastery in history or government and civic education preparation, including the history and philosophy of free institutions and the study of Western civilization.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Hospital Readmissions Program Accuracy and Accountability Act of 2014''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Eliminating avoidable hospital readmissions should be a core tenet of public and private efforts to improve quality of care and reduce health care expenditures. (2) Measures adopted by the Centers for Medicare & Medicaid Services should accurately reflect the quality of care provided by specific hospitals and providers, and such measures should never lower outcome or quality expectations for certain cohorts of hospitals and providers. (3) There are numerous socioeconomic conditions that impact health outcomes and the Medicare hospital readmission reduction program is one of many Federal outcome performance programs that fails to accurately adjust for these influences. (4) Holding all other factors constant, socioeconomic conditions, such as poverty, low levels of literacy, limited English proficiency, minimal social support, poor living conditions, and limited community resources, likely have direct and significant impacts on avoidable hospital readmissions. (5) The Medicare hospital readmission reduction program includes risk adjustment for clinical variables, such as comorbidity and severity of illness, because hospitals should not be penalized for the effects of these uncontrollable factors. Socioeconomic factors can influence readmissions to an equal or greater degree than these clinical factors and the Medicare hospital readmissions reduction program will more accurately measure quality of care once risk adjustment for socioeconomic status is implemented. (6) Research by the Medicare Payment Advisory Commission, the National Quality Forum, and other independent experts has provided compelling evidence that failing to adjust for socioeconomic status in the Medicare hospital readmission reduction program may provide an inaccurate picture of the quality of care provided by hospitals, and has led to the unfair penalization and stigmatization of hospitals serving low-income populations that are, in fact, delivering high- quality health care. (7) Risk adjustment for socioeconomic status in the Medicare hospital readmission reduction program will improve quality of care, increase accountability for all inpatient hospitals serving Medicare beneficiaries, and further reduce preventable readmissions nationwide. (8) The Secretary of Health and Human Services should consider the adoption of socioeconomic adjustment methodologies in other quality reporting and pay-for-performance programs under the Medicare program. SEC. 3. IMPROVEMENTS TO THE MEDICARE HOSPITAL READMISSIONS REDUCTION PROGRAM. Section 1886(q) of the Social Security Act (42 U.S.C. 1395ww(q)) is amended-- (1) in paragraph (4)(C)-- (A) in clause (i), in the matter preceding subclause (I), by striking ``clause (ii)'' and inserting ``clauses (ii) and (iii)''; and (B) by adding at the end the following new clause: ``(iii) Adjustment for socioeconomic status.-- ``(I) In general.--In determining a hospital's excess readmission ratio under clause (i) for purposes of making payments for discharges occurring on or after October 1, 2016, the Secretary shall risk adjust readmissions to account for the socioeconomic status of the patients served by the hospital. ``(II) Socioeconomic status.--For purposes of subclause (I), subject to subclauses (III) and (V), the Secretary shall, to the maximum extent practicable, utilize the most recent data available from the Bureau of the Census in order to develop a quantitative method to adjust for socioeconomic status. In developing such quantitative method, the Secretary-- ``(aa) shall, to the maximum extent practicable, use inputs that address at least one of the following factors-- ``(AA) income; ``(BB) education level; and ``(CC) poverty rate; and ``(bb) may include inputs that address other socioeconomic and sociodemographic factors determined appropriate by the Secretary. ``(III) Revision of inputs.--The Secretary may revise the inputs for such quantitative method under subclause (II) on an annual basis to improve the accuracy and validity of the adjustment under subclause (I). ``(IV) Patients served by the hospital.--For purposes of subclause (I), the Secretary shall, to the maximum extent practicable, measure the socioeconomic status for all patients served by each hospital. The Secretary may supplement incomplete or inaccessible patient-level data with data related to the geographic region of the patients served by the hospital. ``(V) Use of alternative adjustment method.-- ``(aa) In general.--For purposes of subclause (I), in the case of payments for discharges occurring on or after October 1, 2017, the Secretary may apply a socioeconomic status adjustment using a method other than the method described in subclause (II), such as peer groupings and stratification. ``(bb) Comparative analysis.--Prior to the application of the alternative adjustment method under item (aa), the Secretary shall conduct a comparative analysis of such alternative adjustment method and the method described in subclause (II). The Secretary shall publish the results of such comparative analysis and the proposed alternative adjustment method in the Federal Register and seek public comment on such method. ``(cc) Requirement.--The Secretary may not apply any alternative adjustment method under item (aa) unless the Secretary determines that such alternative method will demonstrate an aggregate improvement in the accuracy and effectiveness of hospital readmissions reduction program incentives and measurements compared to the adjustment required under subclause (I).''; (2) in paragraph (6)(A), by adding the following before the period at the end: ``, including information on the results of the readmission measures under this subsection (both before and after the adjustment under paragraph (4)(C)(iii)) and the penalties under this subsection (both before and after such adjustment)''; and (3) by adding at the end the following new paragraph: ``(9) Adjustment.--The Secretary shall make proportional adjustments to base operating DRG payment amounts (as defined in paragraph (2)) of applicable hospitals to assure that the application of paragraph (4)(C)(iii) does not result in aggregate payments under this section in a fiscal year that are greater or less than those that would otherwise be made under this section in such fiscal year, as estimated by the Secretary.''.

Summary: Hospital Readmissions Program Accuracy and Accountability Act of 2014 - Amends title XVIII (Medicare) of the Social Security Act, with respect to the Hospital Readmissions Reduction Program, to direct the Secretary of Health and Human Services (HHS), in determining a hospital's excess readmission ratio for purposes of making payments for discharges starting in FY2016, to risk adjust readmissions to account for patient socioeconomic status.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Grand Jury Reform Act of 2017''. SEC. 2. FINDINGS. The Congress finds the following: (1) Grand juries are typically used as the process by which allegations of police misconduct are prosecuted. (2) There exists a symbiotic relationship between local prosecutors and the law enforcement officers who regularly testify in routine grand jury investigations. (3) The closeness of this relationship creates public suspicion that accused police officers receive preferential consideration from grand juries when they are subject to grand jury investigations. (4) Police officers have the right to appear before the grand jury investigating allegations of wrongdoing by said officer, and give testimony not subject to a thorough cross examination. (5) Grand jury proceedings are by law secret proceedings. (6) The secret grand jury process has historically resulted in a refusal to indict when the subject of their investigation is a local law enforcement officer. (7) The recent grand jury proceedings following the deaths of Michael Brown and Eric Garner have followed historical tradition, ending with a refusal to indict the law enforcement officers involved in their deaths. (8) The American people have lost confidence in the secretive grand jury process when it is used to evaluate allegations of police misconduct. (9) The loss of confidence in our system of justice leads to the undermining of the principles of equality and justice upon which this country was founded. (10) Preliminary hearings are often replaced with direct presentments, whereby the prosecutor may send a case directly to the grand jury without a public preliminary hearing. SEC. 3. HEARING BEFORE A JUDGE REQUIRED. (a) Receipt of Grant Funds.--In order for a State or unit of local government in a State to be eligible to receive Federal funding under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.), the State shall comply with the requirements of this section. (b) Notification Requirements.-- (1) Notification to prosecutor.--In the case of a law enforcement officer of a local law enforcement agency who uses deadly force against a person in the course of the officer's employment, and thereby causes the death of that person, not later than 24 hours after the death occurs, the chief officer of the law enforcement agency of the locality in which the death occurred shall report the death to the elected prosecutor of that locality. (2) Notification to governor.--Not later than 24 hours after receiving notice under paragraph (1), the elected prosecutor of the locality in which the death occurred shall report the death to the Governor of that State. (c) Hearing Requirement; Appointment of Special Prosecutor.-- (1) In general.--Not later than 3 days after receiving notice under subsection (b)(2), the Governor of the State in which the death occurred shall appoint a special prosecutor to present evidence on behalf of the State at a hearing before a judge in the appropriate court, in order to determine whether probable cause exists for the State to bring criminal charges against the law enforcement officer relating to the death of the person, which determination shall be made by the judge. The Governor shall use a random process to select the special prosecutor from among all of the elected prosecutors in the State, excluding the elected prosecutor of the locality in which the death occurred. (2) Timing.--The hearing described in paragraph (1) shall be held not later than 90 days after the appointment of the special prosecutor, unless the judge determines that good cause exists to delay the hearing. (3) Court to remain open to the public.--Except as determined appropriate by the presiding judge, in a hearing described in paragraph (1), the court shall remain open to the public, and upon scheduling the hearing the judge shall provide notice to the public of the date, time, and location of the hearing. (d) State Law Enforcement Agency To Have Exclusive Authority Over Investigation.-- (1) In general.--Not later than 24 hours after receiving notice under subsection (b)(2), the Governor shall report the death to the chief officer of the State law enforcement agency of the State in which the death occurred, and the State law enforcement agency shall assume exclusive control of the investigation of the death during the pendency of the probable cause hearing. (2) Cooperation of local law enforcement agency.--The chief officer of the law enforcement agency of the locality in which the death occurred shall cooperate with the special prosecutor and the chief officer of the State law enforcement agency by responding promptly to requests for information related to the death. (e) Written Determination of Probable Cause.--Not later than 5 days after the conclusion of a hearing described in subsection (c), the judge presiding over the hearing shall issue the determination described in subsection (c) in writing, and shall submit such determination to the elected prosecutor of the locality in which the death occurred. Such determination shall be made available to the public. (f) Recommendations of the Special Prosecutor.--Upon the conclusion of a hearing described in subsection (c), the special prosecutor shall submit written recommendations to the elected prosecutor of the locality in which the death occurred, including a recommendation regarding whether criminal charges should be brought against the law enforcement officer relating to the death of the person. (g) Tolling of Procedural Deadlines.--Any applicable filing or other procedural deadlines are tolled during the pendency of the hearing described in subsection (c). (h) Preservation of Prosecutorial Discretion.--The hearing described in subsection (c) shall be purely advisory, and shall have no binding effect on the elected prosecutor of the locality in which the death occurred. After the conclusion of the hearing described in subsection (c), the elected prosecutor of the locality in which the death occurred shall retain prosecutorial discretion as to whether to bring charges against the law enforcement officer, including whether to hold a grand jury proceeding in the appropriate court.

Summary: Grand Jury Reform Act of 2017 This bill conditions a state or local government's receipt of funds under the Edward Byrne Memorial Justice Assistance Grant program on the state's compliance with certain requirements following an incident involving the use of deadly force by a local law enforcement officer that results in a person's death. Specifically, the governor must appoint a special prosecutor to present evidence before a judge to determine whether probable cause exists to criminally charge the law enforcement officer. The hearing must be open to the public.


SECTION 1. RELEASE OR DETENTION OF A MATERIAL WITNESS. (a) Amendments to Title 18.--Section 3144 of title 18, United States Code, is amended to read as follows: ``Sec. 3144. Release or detention of a material witness ``(a) Arrest of Material Witness.-- ``(1) In general.--A judicial officer may order the arrest of a person as a material witness, if it appears from an affidavit filed by a party in a criminal case before a court of the United States, or by an attorney for the Government in a matter occurring before a Federal grand jury, that there is probable cause to believe that-- ``(A) the testimony of such person is material in such case or matter; and ``(B) the person has been served with a summons or subpoena and failed or refused to appear as required. ``(2) Exception.--A judicial officer may waive the summons or subpoena requirement described in paragraph (1)(B), if the judicial officer finds by clear and convincing evidence that the service of a summons or subpoena-- ``(A) is likely to result in the person fleeing; or ``(B) cannot adequately secure the appearance of the person as required. ``(b) Warrant for Material Witness.-- ``(1) Requirements.--A warrant issued under subsection (a) shall-- ``(A) contain the name of the material witness or, if the name of such witness is unknown, a name or description by which the witness can be identified with reasonable certainty; ``(B) specify that the testimony of the witness is sought in a criminal case or grand jury proceeding; ``(C) command that the witness be arrested and brought without unnecessary delay before a judicial officer; ``(D) inform the witness of the witness's right to retain counsel or to request that counsel be appointed if the witness cannot obtain counsel; and ``(E) be signed by a judicial officer. ``(2) Execution of warrant.-- ``(A) Arrest of witness.--A warrant issued under subsection (a) shall be executed by arresting the material witness. ``(B) Warrant to be provided to witness.-- ``(i) In general.--Upon arrest, an officer possessing the warrant shall show such warrant to the material witness. ``(ii) Warrant not in possession of arresting officer.--If an officer does not possess the warrant at the time of arrest of a material witness, an officer-- ``(I) shall inform the witness of the existence and purpose of the warrant; and ``(II) at the request of the witness, shall provide the warrant to the witness as soon as possible. ``(3) Return of warrant.-- ``(A) After execution.--After executing a warrant issued under subsection (a), an officer shall return the warrant to the judicial officer before whom the material witness is brought in accordance with subsection (c). ``(B) Unexecuted warrant.--At the request of an attorney for the United States Government, an unexecuted warrant shall be brought back to and canceled by a judicial officer. ``(c) Initial Appearance.-- ``(1) Appearance upon arrest.--A material witness arrested pursuant to a warrant issued under subsection (a) shall be brought without unnecessary delay before a judicial officer. ``(2) Place of initial appearance.--The initial appearance of a material witness arrested pursuant to a warrant issued under subsection (a) shall be-- ``(A) in the district of arrest; or ``(B) in an adjacent district if-- ``(i) the appearance can occur more promptly there; or ``(ii) the warrant was issued there and the initial appearance will occur on the day of the arrest. ``(3) Procedures.--At the initial appearance described in paragraph (2), a judicial officer shall-- ``(A) inform a material witness of-- ``(i) the warrant against the witness, and the application and affidavit filed in support of the warrant; and ``(ii) the witness's right to retain counsel or to request that counsel be appointed if the witness cannot obtain counsel; ``(B) allow the witness a reasonable opportunity to consult with counsel; ``(C) release or detain the witness as provided by subsection (d); and ``(D) if the initial appearance occurs in a district other than where the warrant issued, transfer the witness to such district, provided that the judicial officer finds that the witness is the same person named in the warrant. ``(d) Release or Detention.-- ``(1) In general.--Upon the appearance before a judicial officer of a material witness arrested pursuant to a warrant issued under subsection (a), the judicial officer shall order the release or detention of such witness. ``(2) Release.-- ``(A) In general.--A judicial officer shall order the release of a material witness arrested pursuant to a warrant issued under subsection (a) on personal recognizance or upon execution of an unsecured appearance bond under section 3142(b), or on a condition or combination of conditions under section 3142(c), unless the judicial officer determines by clear and convincing evidence that such release will not reasonably assure the appearance of the witness as required. ``(B) Testimony secured by deposition.--No material witness may be detained because of the inability of the witness to comply with any condition of release if the testimony of such witness can adequately be secured by deposition. ``(3) Detention.-- ``(A) No reasonable assurance of appearance.--If, after a hearing pursuant to the provisions of section 3142(f)(2), a judicial officer finds by clear and convincing evidence that no condition or combination of conditions will reasonably assure the appearance of a material witness as required by this section, such judicial officer may order that the witness be detained for a period not to exceed 5 days, or until the testimony of the witness can adequately be secured by deposition or by appearance before the court or grand jury, whichever is earlier. ``(B) Extension of detention.-- ``(i) In general.--Subject to clause (ii), upon the motion of a party (or an attorney for the United States Government in a matter occurring before a Federal grand jury), the period of detention under subparagraph (A) may be extended for additional periods of up to 5 days, or until the testimony of a material witness can adequately be secured by deposition or by appearance before the court or grand jury, whichever is earlier. ``(ii) Limit.--The total period of detention under this subparagraph may not exceed-- ``(I) 30 days, where the testimony of the witness is sought in a criminal case; or ``(II) 10 days, where the testimony of the witness is sought in a grand jury proceeding. ``(C) Good cause required.--A motion under subparagraph (B) shall demonstrate good cause for why the testimony of a material witness could not adequately be secured by deposition or by appearance before the court or grand jury during the previous 5- day period. ``(4) Factors to be considered.--A judicial officer, in determining whether a material witness should be released or detained-- ``(A) shall take into account the available information concerning the history and characteristics of the witness, including the information described in section 3142(g)(3)(A); and ``(B) may consider challenges to the basis of the warrant. ``(5) Contents of release order.--A release order issued under paragraph (2) shall comply with the requirements of paragraphs (1) and (2)(B) of section 3142(h). ``(6) Contents of detention order.--A detention order issued under paragraph (3) shall comply with the requirements of section 3142(i), provided that a judicial officer shall direct that a material witness be held-- ``(A) in a facility separate and apart, to the extent practicable, from persons charged with or convicted of a criminal offense; and ``(B) under the least restrictive conditions possible. ``(e) Report.-- ``(1) In general.--Notwithstanding any other provision of law, the Attorney General shall provide to the Committees on the Judiciary of the Senate and the House of Representatives an annual report regarding the use of this section by the United States Government during the preceding 1-year period. ``(2) Content of report.--A report required under paragraph (1) shall include-- ``(A) the number of warrants sought under subsection (a), and the number either granted or denied; ``(B) the number of material witnesses arrested pursuant to a warrant issued under subsection (a) whose testimony was not secured by deposition or by appearance before the court or grand jury, and the reasons therefore; and ``(C) the average number of days that material witnesses arrested pursuant to a warrant issued under subsection (a) were detained.''. (b) Amendment to Federal Rules of Civil Procedure.--Rule 46(h) of the Federal Rules of Criminal Procedure is amended to read as follows: ``(h) Supervising Detention Pending Trial.--To eliminate unnecessary detention, the court must supervise the detention within the district of any defendants awaiting trial and of any persons held as material witnesses.''.

Summary: Rewrites provisions of the federal criminal code regarding material witnesses. Authorizes a judicial officer (officer) to: (1) order the arrest of a person as a material witness if it appears from an affidavit filed by a party in a federal criminal case, or by a government attorney in a matter before a federal grand jury, that there is probable cause to believe that the person's testimony is material and that the person has been served with a summons or subpoena (summons) and has failed or refused to appear; and (2) waive the summons requirement upon finding by clear and convincing evidence that service is likely to result in the person fleeing or that the person's appearance cannot adequately be secured. Establishes warrant requirements, including that the witness be brought before a judicial officer without unnecessary delay and be informed of the right to counsel. Requires an officer, at the initial appearance, to: (1) inform a witness of the warrant and right to counsel; (2) allow the witness a reasonable opportunity to consult with counsel; and (3) release or detain the witness (authorizes detention where release will not reasonably assure the witness's appearance, but only if the testimony cannot adequately be secured by deposition). Limits the detention period. Requires: (1) a detention order to direct that a witness be held in a facility separate from persons charged with or convicted of a criminal offense, under the least restrictive conditions possible; and (2) the Attorney General to report annually to the House and Senate Judiciary Committees.


SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Welfare Improvement Act of 1997''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. No additional cash assistance for children born to families receiving assistance. Sec. 3. Prohibition of recruitment activities. Sec. 4. Mandatory termination of assistance. Sec. 5. Work participation rate requirement. Sec. 6. Limitation on payments to States. Sec. 7. Effective date. SEC. 2. NO ADDITIONAL CASH ASSISTANCE FOR CHILDREN BORN TO FAMILIES RECEIVING ASSISTANCE. Section 408(a) of the Social Security Act (42 U.S.C. 608(a)) is amended by adding at the end the following: ``(12) No additional cash assistance for children born to families receiving assistance.-- ``(A) General rule.--A State to which a grant is made under section 403 shall not use any part of the grant to provide cash benefits for a minor child who is born to-- ``(i) a recipient of assistance under the program operated under this part; or ``(ii) a person who received such assistance at any time during the 10-month period ending with the birth of the child. ``(B) Exception for children born into families with no other children.--Subparagraph (A) shall not apply to a minor child who is born into a family that does not include any other children. ``(C) Exception for vouchers.--Subparagraph (A) shall not apply to vouchers which are provided in lieu of cash benefits and which may be used only to pay for particular goods and services specified by the State as suitable for the care of the child involved. ``(D) Exception for rape or incest.--Subparagraph (A) shall not apply with respect to a child who is born as a result of rape or incest. ``(E) State election to opt out.--Subparagraph (A) shall not apply to a State if State law specifically exempts the State program funded under this part from the application of subparagraph (A). ``(F) Substitution of family caps in effect under waivers.--Subparagraph (A) shall not apply to a State-- ``(i) if, as of the date of the enactment of this part, there is in effect a waiver approved by the Secretary under section 1115 which permits the State to deny aid under the State plan approved under part A of this title (as in effect without regard to the amendments made by title I of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193, 110 Stat. 2110) to a family by reason of the birth of a child to a family member otherwise eligible for such aid; and ``(ii) for so long as the State continues to implement such policy under the State program funded under this part, under rules prescribed by the State.''. SEC. 3. PROHIBITION OF RECRUITMENT ACTIVITIES. Section 1631 of the Social Security Act (42 U.S.C. 1383) is amended by adding at the end the following new subsection: ``prohibition of recruitment activities ``(p) Nothing in this title shall be construed to authorize recruitment activities under this title, including with respect to any outreach programs or demonstration projects.''. SEC. 4. MANDATORY TERMINATION OF ASSISTANCE. Section 407(e)(1) of the Social Security Act (42 U.S.C. 607(e)(1)), is amended to read as follows: ``(1) In general.--Except as provided in paragraph (2), if an individual in a family receiving assistance under the State program funded under this part refuses to engage in work required in accordance with this section, the State shall-- ``(A) in the case of the first or second refusal-- ``(i) reduce the amount of assistance otherwise payable to the family pro rata (or more, at the option of the State) with respect to any period during a month in which the individual so refuses; or ``(ii) terminate such assistance, subject to such good cause and other exceptions as the State may establish; and ``(B) in the case of the third refusal, terminate the assistance.''. SEC. 5. WORK PARTICIPATION RATE REQUIREMENT. The table in section 407(a)(1) of the Social Security Act (42 U.S.C. 607(a)(1)), is amended, in the item relating to fiscal year 2002 or thereafter, by striking ``50'' and inserting ``75''. SEC. 6. LIMITATION ON PAYMENTS TO STATES. Part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) is amended by adding at the end the following: ``SEC. 420. LIMITATION ON PAYMENTS TO STATES. ``Notwithstanding any other provision of this part, no funds may be paid to a State under this part unless the State-- ``(1) establishes and maintains a reasonable program for randomly testing an individual in a family receiving assistance under the State program funded under this part for the use of controlled substances; and ``(2) terminates assistance under the State program funded under this part for any individual who tests positive for the use of controlled substances.''. SEC. 7. EFFECTIVE DATE. This Act and the amendments made by this Act take effect as if included in the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193, 110 Stat. 2105).

Summary: Welfare Improvement Act of 1997 - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act (SSA) in order to make various specified changes to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. Prohibits States from providing cash TANF benefits for a minor child born to a TANF recipient family with other children or to a person with other children who received TANF assistance during the ten-month period ending with the birth of the child, with certain exceptions for rape or incest, unless the State elects to opt out of the application of such prohibition. Exempts from such prohibition a minor child born into a family with no other children. Requires termination of TANF assistance after the TANF recipient's third refusal to engage in required work activities. Increases from 50 percent to 75 percent the minimum work participation rate required under TANF for FY 2002 and thereafter. Prohibits Federal TANF funds to States which do not establish random drug testing programs under which the TANF assistance for individual family recipients who test positive for controlled substance use is terminated. Amends SSA title XVI (Supplemental Security Income) to expressly provide that nothing in it shall be construed to authorize recruitment activities under such title, including with respect to any outreach programs or demonstration projects.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Job Creation and Affordable Housing Act of 2010''. SEC. 2. GRANTS TO STATES FOR LOW-INCOME HOUSING PROJECTS IN LIEU OF LOW-INCOME HOUSING CREDITS FOR BOND-SUBSIDIZED HOUSING PROJECTS. (a) In General.--The Secretary of the Treasury shall make a grant to each State in an amount equal to such State's low-income bond- subsidized housing election amount. (b) Low-Income Bond-Subsidized Housing Election Amount.--For purposes of this section-- (1) In general.--The term ``low-income bond-subsidized housing election amount'' means, with respect to any State, such amount as the State may elect which does not exceed 85 percent of the State's bond-subsidized credit amount. (2) Bond-subsidized credit amount.--The term ``bond- subsidized credit amount'' means, with respect to any State, the aggregate amount of low-income housing credits which the State determines would, but for section 42(i)(9) of the Internal Revenue Code of 1986, be awarded under section 42(h)(4)(B) of such Code times 10 with respect to qualified low-income buildings receiving an allocation of qualified residential rental project bonds of such State during 2010. (3) Qualified residential rental project bonds.--The term ``qualified residential rental project bond'' means, with respect to any State, any qualified bond (as defined in section 141(e) of the Internal Revenue Code of 1986) if such bond-- (A) is issued as part of an issue 95 percent or more of the net proceeds of which are to be used to provide qualified residential rental projects (within the meaning of section 142 of such Code), and (B) is taken into account under section 146 of such Code with respect to the State ceiling applicable to such State. (c) Subawards for Low-Income Buildings.-- (1) In general.--A State receiving a grant under this section shall use such grant to make subawards to finance the construction or acquisition and rehabilitation of qualified low-income buildings which have received the corresponding allocation of qualified residential rental project bonds referred to in subsection (b)(2). (2) Subawards subject to same requirements as low-income housing credit allocations.--Any such subaward with respect to any qualified low-income building may be in the form of a grant or a loan of any duration and shall be made in the same manner and shall be subject to the same limitations (including rent, income, and use restrictions on such building) as an allocation of housing credit dollar amount allocated by the State housing credit agency of such State under section 42 of the Internal Revenue Code of 1986, except that such subawards shall not be limited by, or otherwise affect, the State housing credit ceiling applicable to such agency. (3) Compliance and asset management.--A State receiving a grant under this section shall perform asset management functions to ensure compliance with section 42 of the Internal Revenue Code of 1986 and the long-term viability of buildings funded by any subaward under this section. A State may collect reasonable fees from a subaward recipient to cover expenses associated with the performance of its duties under this paragraph, including the reasonable costs of administering such subawards. A State may retain an agent or other private contractor to satisfy the requirements of this paragraph. (4) Recapture.--A State receiving a grant under this section shall impose conditions or restrictions, including a requirement providing for recapture, on any subaward under this section so as to assure that the building with respect to which such subaward is made remains a qualified low-income building during the compliance period. Any amounts of recapture shall be proportional to the length of time of the noncompliance compared to the 15-year compliance period and the percentage of qualified basis out of compliance compared to the total qualified basis. Any such recapture shall be payable to the Secretary of the Treasury for deposit in the general fund of the Treasury and may be enforced by means of liens or such other methods as the Secretary of the Treasury determines appropriate. A State housing credit agency may subordinate any such lien (or other security interest) to other loans made by third parties. (d) Reallocation of Bond Authority.--A State housing credit agency shall establish a process in which applicants that are allocated bonds and receive a subaward pursuant to subsection (c) are required to demonstrate good faith efforts to obtain purchasers for such bonds. If a subawardee is unable to obtain purchasers or if the State makes a determination that reallocation of bond authority will increase the total funds available to the State to build and rehabilitate affordable housing, a subawardee may return its bond allocation to the State without affecting its subaward under subsection (c) and the State may reallocate such bond authority only for qualified residential rental projects. Reallocated bonds shall not be taken into account for purposes of determining eligibility for low-income housing credits under section 42(h)(4) of the Internal Revenue Code of 1986 or for purposes of determining eligibility for grants under subsection (c). (e) Return of Unused Grant Funds.--Any grant funds not used to make subawards under this section before January 1, 2012, shall be returned to the Secretary of the Treasury on such date. The portion of any subaward which is not disbursed before such date shall be returned to the Secretary of the Treasury on such date unless the subawardee has paid or incurred before January 1, 2012, at least 30 percent of the subawardee's total adjusted basis in land and depreciable property that is reasonably expected to be part of the low-income housing building with respect to which such subaward is made. The portion of any subaward which is not disbursed before January 1, 2013, shall be returned to the Secretary of the Treasury on such date. Any subawards returned to the State housing credit agency on or after January 1, 2012, shall be promptly returned to the Secretary of the Treasury. Any amounts returned to the Secretary of the Treasury under this subsection shall be deposited in the general fund of the Treasury. (f) Definitions.--Any term used in this section which is also used in section 42 of the Internal Revenue Code of 1986 shall have the same meaning for purposes of this section as when used in such section 42. Any reference in this section to the Secretary of the Treasury shall be treated as including the Secretary's delegate. (g) Appropriations.--There is hereby appropriated to the Secretary of the Treasury such sums as may be necessary to carry out this section. SEC. 3. COORDINATION OF LOW-INCOME HOUSING CREDIT WITH LOW-INCOME HOUSING GRANTS. (a) In General.--Paragraph (9) of section 42(i) of the Internal Revenue Code of 1986 is amended by redesignating subparagraph (B) as subparagraph (C) and by inserting after subparagraph (A) the following new subparagraphs: ``(B) Denial of credit for bond-subsidized buildings receiving subawards with 2010 grant funds.-- No credit shall be determined under this section with respect to any qualified low-income building to the extent of the bond-subsidized credit amount determined with respect to such building under section 2 of the Job Creation and Affordable Housing Act of 2010 if any subaward is made with respect to such building under such section.''. (b) Grants and Loans Not To Reduce Basis.--Subparagraph (C) of section 42(i)(9) of such Code, as redesignated by this section, is amended by striking ``by the amount of any grant described in subparagraph (A)'' and inserting ``by reason of any grant or loan made under section 1602 of the American Recovery and Reinvestment Tax Act of 2009 or section 2 of the Job Creation and Affordable Housing Act of 2010''. (c) Exclusion of Grants From Gross Income.--Paragraph (9) of section 42(i) of such Code, as amended by this section, is amended by adding at the end the following new subparagraph: ``(D) Exclusion of grants from gross income.--Any grant made under section 1602 of the American Recovery and Reinvestment Tax Act of 2009 or section 2 of the Job Creation and Affordable Housing Act of 2010 shall not be includible in the gross income or alternative minimum taxable income of the taxpayer.''. (d) Effective Date.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to taxable years ending after December 31, 2009. (2) Exclusion of grants from gross income.--The amendment made by subsection (c) shall apply to taxable years ending after December 31, 2008. SEC. 4. FIVE-YEAR CARRYBACK OF LOW-INCOME HOUSING CREDIT. (a) In General.--Subsection (a) of section 39 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(4) 5-year carryback of low-income housing credit.-- ``(A) In general.--In the case of an applicable low-income housing credit (within the meaning of section 38(c)(6)(C))-- ``(i) this section shall be applied separately from the business credit (other than the low-income housing credit), and ``(ii) paragraph (1) shall be applied by substituting `each of the 5 taxable years' for `the taxable year' in subparagraph (A) thereof.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2007, and to carrybacks of credits from such taxable years. SEC. 5. CARRYBACK OF NEW INVESTMENTS. (a) In General.--Section 42(f) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(6) Special rule for certain investments in 2010 and 2011.-- ``(A) In general.--In the case of a taxpayer who enters into an agreement described in section 38(c)(6)(D)(i)(I) (without regard to the applicable date), which satisfies the requirement of section 38(c)(6)(D)(i)(II), after December 31, 2009, and before January 1, 2012, then solely for purposes of determining the taxable year in which the low-income housing credit under this section may be taken into account for purposes of section 38, and the amount of the credit so taken into account-- ``(i) the preceding paragraphs of this subsection shall not apply, ``(ii) the credit period with respect to the housing credit dollar amount to be allocated under such agreement shall be the 1 taxable year in which the taxpayer enters into such agreement, ``(iii) subsections (b) and (c)(1) shall not apply, and ``(iv) the amount of the credit under this section which is taken into account in the taxable year described in clause (ii) shall be the housing credit dollar amount to be allocated under such agreement. ``(B) Requirements of section unaffected.--Except as provided in subparagraph (A), the provisions of this section shall apply to any building to which an agreement described in subparagraph (A) applies as if such subparagraph had not been enacted. ``(C) Recapture of excess credit.--If, at the end of the credit period with respect to any building (without regard to subparagraph (A)), the amount of the credit taken into account under subparagraph (A)(iv) with respect to such building exceeds the total amount of the credit which would have been allowed under this section with respect to such building during such credit period but for the application of subparagraph (A), then the amount of such excess shall be recaptured as if it were included in the credit recapture amount under subsection (j).''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2009. SEC. 6. ALLOWING LOW-INCOME HOUSING CREDITS TO OFFSET 100 PERCENT OF FEDERAL INCOME TAX LIABILITY. (a) In General.--Subsection (c) of section 38 is amended by adding at the end the following new paragraph: ``(6) Allowing low-income housing credit to offset 100 percent of federal income tax liability.-- ``(A) In general.--In the case of applicable low- income housing credits-- ``(i) this section shall be applied separately with respect to such credits, ``(ii) in applying paragraph (1) to such credits-- ``(I) the tentative minimum tax shall be treated as being zero, and ``(II) the limitation under paragraph (1) (as modified by subclause (I)) shall be the net income tax (as defined in paragraph (1)) reduced by the credit allowed under subsection (a) for the taxable year (other than the applicable low-income housing credits), and ``(iii) the excess credit for such taxable year shall, solely for purposes of determining the amount of such excess credit which may be carried back to a preceding taxable year, be increased by the amount of business credit carryforwards which are carried to such taxable year, to which this subparagraph applies, and which are not allowed for such taxable year by reason of the limitation under paragraph (1) (as modified by clause (ii)). ``(B) Increase in limitation for taxable years to which excess applicable low-income housing credits are carried back.-- ``(i) In general.--Solely for purposes of determining the portion of any excess credit described in subparagraph (A)(iii) for which credit will be allowed under subsection (a)(3) for any preceding taxable year, except as provided in clause (ii), the limitation under paragraph (1) for such preceding taxable year shall be determined under rules similar to the rules described in subparagraph (A). ``(ii) Ordering rule.--If the excess credit described in subparagraph (A)(iii) includes business credit carryforwards from preceding taxable years, such excess credit shall be treated as allowed for any preceding taxable year on a first-in first-out basis. ``(C) Applicable low-income housing credits.--For purposes of this subpart, the term `applicable low- income housing credits' means the credit determined under section 42-- ``(i) to the extent attributable to buildings placed in service after the date of the enactment of this subparagraph, and ``(ii) in the case of any other buildings, for taxable years beginning in 2008, 2009, and 2010 (and to business credit carryforwards with respect to such buildings carried to such taxable years) to the extent provided in subparagraph (D). ``(D) Previously placed in service buildings.-- ``(i) In general.--Subparagraph (C)(ii) shall apply to such credits for such a taxable year only-- ``(I) if the taxpayer has entered into a binding commitment to invest equity not later than the applicable date, with respect to an investment in a future project (which is binding on the taxpayer and all successors in interest) which specifies the dollar amount of such investment, and ``(II) to the extent such credits do not exceed the dollar amount of such proposed investment. ``(ii) Applicable date.--For purposes of this subparagraph, the applicable date is-- ``(I) in the case of taxable years beginning in 2008 and 2009, September 15, 2010, or ``(II) in the case of a taxable year beginning in 2010, the due date (including extensions of time) for filing the taxpayer's return for such taxable year.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2007, and to carrybacks of credits from such taxable years.

Summary: Job Creation and Affordable Housing Act of 2010 - Directs the Secretary of the Treasury to make a grant to each state equal to such state's low-income bond-subsidized housing election amount. Defines "low-income bond-subsidized housing election amount" as an amount a state may elect which does not exceed 85% of the state's bond-subsidized credit amount for low-income buildings. Requires states to use grants to make subawards to finance the construction or acquisition and rehabilitation of qualified low-income buildings. Requires the return of grant funds not used to make such subawards before January 1, 2012. Amends the Internal Revenue Code to: (1) deny a low-income housing tax credit for bond-subsidized buildings that received a subaward under this Act; (2) allow a five-year carryback of unused low-income housing tax credit amounts and a carryback for new low-income housing investments in 2010 and 2011; and (3) allow a full offset of low-income housing tax credits against regular income tax liability.


that except as otherwise expressly provided, whenever in this Act an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of title 38, United States Code. SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Employment Reduction Assistance Act of 1999''. SEC. 2. DEFINITIONS. For the purpose of this Act: (1) ``Department'' means the Department of Veterans Affairs. (2) ``Employee'' means an employee (as defined by section 2105 of title 5, United States Code) of the Department of Veterans Affairs, who is serving under an appointment without time limitation, and has been currently employed by such Department for a continuous period of at least 3 years, but does not include-- (A) a reemployed annuitant under subchapter III of chapter 83, or chapter 84 of title 5, United States Code, or another retirement system for employees of the Federal Government; (B) an employee having a disability on the basis of which such employee is eligible for disability retirement under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, or another retirement system for employees of the Federal Government; (C) an employee who is in receipt of a specific notice of involuntary separation for misconduct or unacceptable performance; (D) an employee who previously has received any voluntary separation incentive payment by the Federal Government under this Act or any other authority; (E) an employee covered by statutory reemployment rights who is on transfer to another organization; or (F) any employee who, during the twenty-four month period preceding the date of separation, has received a recruitment or relocation bonus under section 5753 of title 5, United States Code, or a recruitment bonus under section 7458 of title 38, United States Code; (G) any employee who, during the twelve-month period preceding the date of separation, received a retention allowance under section 5754 of title 5, United States Code, or a retention bonus under section 7458 of title 38, United States Code. (3) ``Secretary'' means the Secretary of Veterans Affairs. SEC. 3. DEPARTMENT PLANS; APPROVAL. (a) In General.--The Secretary, before obligating any resources for voluntary separation incentive payments, shall submit to the Director of the Office of Management and Budget a strategic plan outlining the use of such incentive payments and a proposed organizational chart for the Department once such incentive payments have been completed. (b) Contents.--The plan shall specify-- (1) the positions and functions to be reduced or eliminated, identified by organizational unit, geographic location, occupational category and grade level; the proposed coverage may be based on-- (A) any component of the Department; (B) any occupation, level or type of position; (C) any geographic location; (D) other nonpersonal factors; or (E) any appropriate combination of the factors in paragraphs (A), (B), (C), and (D); (2) the manner in which such reductions will improve operating efficiency or meet actual or anticipated levels of budget or staffing resources; (3) the period of time during which incentives may be paid; and (4) a description of how the affected component(s) of the Department will operate without the eliminated functions and positions. (c) Approval.--The Director of the Office of Management and Budget shall approve or disapprove each plan submitted under subsection (a), and may make appropriate modifications to the plan with respect to the time period in which voluntary separation incentives may be paid, with respect to the number and amounts of incentive payments, or with respect to the coverage of incentives on the basis of the factors in subsection (b)(1). SEC. 4. VOLUNTARY SEPARATION INCENTIVE PAYMENTS. (a) Authority To Provide Voluntary Separation Incentive Payments.-- (1) In general.--The Secretary may pay a voluntary separation incentive payment to an employee only to the extent necessary to reduce or eliminate the positions and functions identified by the strategic plan; (2) Employees who may receive incentives.--In order to receive a voluntary separation incentive payment, an employee must separate from service with the Department voluntarily (whether by retirement or resignation) under the provisions of this Act; (b) Amount and Treatment of Payments.--A voluntary separation incentive payment-- (1) shall be paid in a lump sum after the employee's separation; (2) shall be equal to the lesser of-- (A) an amount equal to the amount the employee would be entitled to receive under section 5595(c) of title 5, United States Code, if the employee were entitled to payment under such section (without adjustment for any previous payment made under that section); or (B) an amount determined by the Secretary, not to exceed $25,000; (3) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit; (4) shall not be taken into account in determining the amount of severance pay to which an employee may be entitled under section 5595 of title 5, United States Code, based on any other separation; and (5) shall be paid from the appropriations or funds available for payment of the basic pay of the employee. SEC. 5. EFFECT OF SUBSEQUENT EMPLOYMENT WITH THE GOVERNMENT. (a) An individual who has received a voluntary separation incentive payment under this Act and accepts any employment with the Government of the United States, or who works for any agency of the United States Government through a personal services contract, within 5 years after the date of the separation on which the payment is based shall be required to repay, prior to the individual's first day of employment, the entire amount of the incentive payment to the Department. (b)(1) If the employment under subsection (a) is with an Executive agency (as defined by section 105 of title 5, United States Code), the United States Postal Service, or the Postal Rate Commission, the Director of the Office of Personnel Management may, at the request of the head of the agency, waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position. (2) If the employment under subsection (a) is with an entity in the legislative branch, the head of the entity or the appointing official may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position. (3) If the employment under subsection (a) is with the judicial branch, the Director of the Administrative Office of the United States Courts may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position. (c) For the purpose of this section, the term ``employment'' includes-- (1) for the purposes of subsections (a) and (b), employment of any length or under any type of appointment, but does not include employment that is without compensation; and (2) for the purposes of subsection (a), employment with any agency of the United States Government through a personal services contract. SEC. 6. ADDITIONAL AGENCY CONTRIBUTIONS TO THE RETIREMENT FUND. (a) In addition to any other payments which it is required to make under subchapter III of chapter 983 or chapter 84 of title 5, United States Code, the Department shall remit to the Office of Personnel Management for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund an amount equal to 15 percent of the final basic pay of each employee of the Department who is covered under subchapter III of chapter 83 or chapter 84 of title 5 to whom a voluntary separation incentive has been paid under this Act. (b) For the purpose of this section, the term ``final basic pay'', with respect to an employee, means the total amount of basic pay that would be payable for a year of service by that employee, computed using the employee's final rate of basic pay, and, if last serving on other than a full-time basis, with appropriate adjustment therefor. SEC. 7. REDUCTION OF AGENCY EMPLOYMENT LEVELS. (a) In General.--The total full-time equivalent employment in the Department shall be reduced by one for each separation of an employee who receives a voluntary separation incentive payment under this Act. the reduction will be calculated by comparing the Department's full- time equivalent employment for the fiscal; year in which the voluntary separation payments are made with the actual full-time equivalent employment for the prior fiscal year. (b) Enforcement.--The President, through the Office of Management and Budget, shall monitor the Department and take any action necessary to ensure that the requirements of this section are met. (c) Subsection (a) of this section may be waived upon a determination by the President that-- (1) the existence of a state of war or other national emergency so requires; or (2) the existence of an extraordinary emergency which threatens life, health, safety, property, or the environment, so requires. SEC. 8. CONTINUED HEALTH INSURANCE COVERAGE. Section 8905a(d)(4) of title 5, United States Code, is amended-- (1) in subparagraph (A) by inserting after force ``, or an involuntary separation from a position in or under the Department of Veterans Affairs due to a reduction in force or a title 38 staffing adjustment''; (2) in subparagraph (B) by inserting at the beginning thereof ``With respect to the Department of Defense,''; (3) by redesignating subparagraph (C) as subparagraph (D); (4) by adding a new subparagraph (C) as follows: (C) With respect to the Department of Veterans Affairs, this paragraph shall apply with respect to any individual whose continued coverage is based on a separation occurring on or after the date of enactment of this paragraph and before-- (i) October 1, 2004; or (ii) February 1, 2005, if specific notice of such separation was given to such individual before October 1, 2004. SEC. 9. REGULATIONS. The Director of the Office of Personnel Management may prescribe any regulations necessary to administer the provisions of this Act. SEC. 10. LIMITATION; SAVINGS CLAUSE. (a) No voluntary separation incentive under this Act may be paid based on the separation of an employee after September 30, 2004.; (b) This Act supplements and does not supersede other authority of the Secretary. SEC. 11. EFFECTIVE DATE. (a) This Act shall take effect on the date of enactment.

Summary: Authorizes the Secretary to make such a payment only to reduce or eliminate positions or functions identified in the plan. Requires such payments to be in a lump sum and no greater than $25,000 apiece. Requires full repayment from any individual who is subsequently reemployed with any Federal department or agency, with exceptions for certain employment in which the individual possesses unique abilities and is the only qualified applicant available. Requires the Department to remit to the Office of Personnel Management for credit to the Civil Service Retirement and Disability Fund 15 percent of the final basic pay of each individual receiving such payments. Reduces the total number of full-time equivalent employees in the Department by one for each individual receiving such a payment. Authorizes the President to waive such reductions upon a determination of the existence of: (1) a state of war or other national emergency; or (2) an extraordinary emergency which threatens life, health, safety, property, or the environment. Provides for continued temporary health insurance coverage for individuals receiving such payments. Prohibits any payment based on the separation of an employee after September 30, 2004.