SECTION 1. CONVEYANCE OF PROPERTY TO THE TANANA TRIBAL COUNCIL. (a) Conveyance of Property.-- (1) In general.--As soon as practicable, but not later than 180 days, after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this Act as the ``Secretary'') shall convey to the Tanana Tribal Council located in Tanana, Alaska (referred to in this section as the ``Council''), all right, title, and interest of the United States in and to the property described in subsection (b) for use in connection with health and social services programs. (2) Effect on any quitclaim deed.--The conveyance by the Secretary of title by warranty deed under this subsection shall, on the effective date of the conveyance, supersede and render of no future effect any quitclaim deed to the property described in subsection (b) executed by the Secretary and the Council. (3) Conditions.--The conveyance of the property under this section-- (A) shall be made by warranty deed; and (B) shall not-- (i) require any consideration from the Council for the property; (ii) impose any obligation, term, or condition on the Council; or (iii) allow for any reversionary interest of the United States in the property. (b) Property Described.--The property, including all land, improvements, and appurtenances, described in this subsection is the property included in U.S. Survey No. 5958, Lot 12, in the village of Tanana, Alaska, within surveyed Township 4N, Range 22W, Fairbanks Meridian, Alaska, containing 11.25 acres. (c) Environmental Liability.-- (1) Liability.-- (A) In general.--Notwithstanding any other provision of law, the Council shall not be liable for any soil, surface water, groundwater, or other contamination resulting from the disposal, release, or presence of any environmental contamination on any portion of the property described in subsection (b) on or before the date on which the property is conveyed to the Council. (B) Environmental contamination.--An environmental contamination described in subparagraph (A) includes any oil or petroleum products, hazardous substances, hazardous materials, hazardous waste, pollutants, toxic substances, solid waste, or any other environmental contamination or hazard as defined in any Federal or State of Alaska law. (2) Easement.--The Secretary shall be accorded any easement or access to the property conveyed under this section as may be reasonably necessary to satisfy any retained obligation or liability of the Secretary. (3) Notice of hazardous substance activity and warranty.-- In carrying out this section, the Secretary shall comply with subparagraphs (A) and (B) of section 120(h)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)(3)). SEC. 2. CONVEYANCE OF PROPERTY TO THE BRISTOL BAY AREA HEALTH CORPORATION. (a) Conveyance of Property.-- (1) In general.--As soon as practicable, but not later than 180 days, after the date of enactment of this Act, the Secretary shall convey to the Bristol Bay Area Health Corporation located in Dillingham, Alaska (referred to in this section as the ``Corporation''), all right, title, and interest of the United States in and to the property described in subsection (b) for use in connection with health and social services programs. (2) Effect on any quitclaim deed.--The conveyance by the Secretary of title by warranty deed under this subsection shall, on the effective date of the conveyance, supersede and render of no future effect any quitclaim deed to the property described in subsection (b) executed by the Secretary and the Corporation. (3) Conditions.--The conveyance of the property under this section-- (A) shall be made by warranty deed; and (B) shall not-- (i) require any consideration from the Corporation for the property; (ii) impose any obligation, term, or condition on the Corporation; or (iii) allow for any reversionary interest of the United States in the property. (b) Property Described.--The property, including all land, improvements, and appurtenances, described in this subsection is the property included in Dental Annex Subdivision, creating tract 1, a subdivision of Lot 2 of U.S. Survey No. 2013, located in Section 36, Township 13 South, Range 56 West, Seward Meridian, Bristol Bay Recording District, Dillingham, Alaska, according to Plat No. 2015-8, recorded on May 28, 2015, in the Bristol Bay Recording District, Dillingham, Alaska, containing 1.474 acres more or less. (c) Environmental Liability.-- (1) Liability.-- (A) In general.--Notwithstanding any other provision of law, the Corporation shall not be liable for any soil, surface water, groundwater, or other contamination resulting from the disposal, release, or presence of any environmental contamination on any portion of the property described in subsection (b) on or before the date on which the property is conveyed to the Corporation. (B) Environmental contamination.--An environmental contamination described in subparagraph (A) includes any oil or petroleum products, hazardous substances, hazardous materials, hazardous waste, pollutants, toxic substances, solid waste, or any other environmental contamination or hazard as defined in any Federal or State of Alaska law. (2) Easement.--The Secretary shall be accorded any easement or access to the property conveyed under this section as may be reasonably necessary to satisfy any retained obligation or liability of the Secretary. (3) Notice of hazardous substance activity and warranty.-- In carrying out this section, the Secretary shall comply with subparagraphs (A) and (B) of section 120(h)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)(3)). Passed the Senate March 22, 2018. Attest: JULIE E. ADAMS, Secretary.

Summary: . (Sec. 1) This bill directs the Department of Health and Human Services (HHS) to convey to the Tanana Tribal Council in Tanana, Alaska, all interest of the United States in and to certain property (including all land, improvements, and appurtenances) containing 11.25 acres, in the village of Tanana for use in connection with health and social services programs. (Sec. 2) HHS shall convey to the Bristol Bay Area Health Corporation in Dillingham, Alaska, all interest of the United States in and to certain property included in the Dental Annex Subdivision containing 1.474 acres more or less, also for use in connection with health and social services programs. Such conveyances by warranty deed: (1) shall supersede and render of no future effect any quitclaim deed to the property executed by HHS and the Council or Corporation; and (2) shall not require any consideration from the Council or Corporation for the property, impose any obligation, term, or condition on the Council or Corporation, or allow for any U.S. reversionary interest in the property. The Council or Corporation shall not be liable for soil, surface water, groundwater, or other contamination resulting from the disposal, release, or presence of environmental contamination. HHS shall: (1) be accorded any easement or access to the conveyed property as may be necessary to satisfy any retained obligations and liability; and (2) comply with requirements under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 for certain deeds for the transfer of U.S.-owned real property on which any hazardous substance was stored for one year or more, disposed of, or known to have been released.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Dental and Optometric Care Access Act'' or the ``DOC Access Act''. SEC. 2. IMPROVING HEALTH CARE COVERAGE UNDER VISION AND DENTAL PLANS. (a) In General.--Title XXVII of the Public Health Service Act is amended by inserting after section 2719A (42 U.S.C. 300gg-19a) the following new section: ``SEC. 2719B. IMPROVING COVERAGE UNDER VISION AND DENTAL PLANS. ``(a) In General.--Under a group health plan or individual or health insurance coverage (including such a plan or coverage offering limited scope dental or vision benefits), the following shall apply: ``(1) Payment amounts from covered persons.-- ``(A) In general.--The plan or coverage shall provide, with respect to a doctor of optometry, doctor of dental surgery, or doctor of dental medicine that has an agreement to participate in the plan or coverage and that furnishes items or services that are not covered by the plan or coverage to a person enrolled under such plan or coverage, that the doctor may charge the enrollee for such items or services any amount determined by the doctor that is equal to, or less than, the usual and customary amount that the doctor charges individuals who are not so enrolled for such items or services. ``(B) Items and services considered covered by a plan.--For purposes of subparagraph (A), an item or service shall be considered, with respect to a plan or coverage, to be covered by the plan or coverage only if the negotiated rate agreed to by such plan or coverage and the doctor for such item or service, without regard to any cost sharing obligation of the enrollee, is an amount that is reasonable and is not nominal or de minimis. ``(2) Changes to plans.--The terms of an agreement between such a plan or coverage and such a doctor (including, in the case of a plan or coverage that provides for a provider network, the negotiated rate for providers that participate in the network of such plan or coverage), may be changed only pursuant to a subsequent agreement signed by the doctor that documents the acknowledgment and acceptance of the doctor (as applicable) to such changes. ``(3) Duration of limited scope vision and dental plans.-- In the case of an agreement between such a doctor and such a plan or coverage that offers limited scope dental or vision benefits, the agreement may not be for a period that is greater than two years. ``(4) Terms and conditions for ancillary services and procedures.--Such plan or coverage may not deny such a doctor participation in the plan or coverage or remove such a doctor from participation in the plan or coverage for the sole reason of the failure of the doctor to accept the terms and conditions under such agreement for any ancillary service or procedure. ``(5) Condition to join a provider network.--The plan or coverage may not require that such a doctor must participate with, or be credentialed by, any specific plan or coverage offering limited scope dental or vision benefits as a condition to participate in the provider network of such plan or coverage. ``(6) No interference with existing relationships and requirements.--Unless otherwise required by law or regulation, such plan or coverage may not directly communicate with an individual enrolled in such plan or coverage in a manner that interferes with or contravenes any State or Federal requirement, or doctor-patient relationship in existence at the time of such communication. ``(7) No restriction on choice of laboratories.--The plan or coverage may not, directly or indirectly, restrict or limit, such a doctor's choice of laboratories or choice of source and suppliers of services or materials provided by the doctor to an individual who is enrolled under the plan or coverage. ``(b) Private Right of Action.--In addition to any other remedies under State or Federal law, a person adversely affected by a violation of this subsection may bring action for injunctive relief against a plan described in subsection (a) and, upon prevailing, in addition to such injunctive relief, shall recover monetary damages of no more than $1,000 for each day found to be in violation plus attorney's fees and costs. The district courts of the United States shall have exclusive jurisdiction of civil actions brought under this subsection. ``(c) Relationship to Exception for Limited, Excepted Benefits.-- Section 2722(c)(1) shall not apply with respect to the requirements of this section. ``(d) Definitions.--In this section: ``(1) The terms `doctor of dental surgery' and `doctor of dental medicine' mean a doctor of dental surgery or of dental medicine, as applicable, who is legally authorized to practice dentistry by the State in which the doctor performs such function and who is acting within the scope of the license of the doctor when performing such functions. ``(2) The term `doctor of optometry' means a doctor of optometry who is legally authorized to practice optometry by the State in which the doctor so practices.''. (b) Conforming Amendment.--Section 2722(c)(1) of the Public Health Service Act (42 U.S.C. 300gg-21(c)(1)) is amended by striking ``The requirements'' and inserting ``Subject to section 2719B, the requirements''.

Summary: Dental and Optometric Care Access Act or the DOC Access Act This bill amends the Public Health Service Act to prohibit group health plans and individual health insurance coverage from setting rates for items and services provided by a doctor of optometry, of dental surgery, or of dental medicine for which the plan or insurer does not pay a substantial amount. An agreement between a plan or insurer and such a doctor: (1) may only be changed with the doctor's acknowledgement and acceptance, and (2) may not last longer than two years if the agreement is for limited scope dental or vision benefits. Such a doctor must be allowed to participate in a: (1) plan or coverage without accepting terms for ancillary services or procedures, and (2) provider network without participating in a specific limited scope dental or vision benefit plan. Plans and insurers may not: (1) directly communicate with an enrolled individual in a manner that interferes with an existing doctor-patient relationship or a state or federal requirement, or (2) restrict such a doctor's choice of laboratories or suppliers. The bill establishes a private right of action for a person adversely affected by a violation of this Act.


SECTION 1. WAIVER OF OXYGEN CONTENT REQUIREMENTS. Section 211(k) of the Clean Air Act (42 U.S.C. 7545(k)) is amended by adding the following new paragraph at the end: ``(11) Waiver of oxygen content requirement.-- ``(A) In general.--Upon petition to the Administrator by the Governor of a State, the Administrator shall waive any oxygen content requirement in effect under this subsection for that State. ``(B) Action by environmental protection agency.-- Not later than 270 days after the date of receipt of a petition submitted under subparagraph (A), the Administrator shall grant the waiver of the oxygen content requirement requested in the petition. If, by the date that is 270 days after the date of receipt of such a petition, the Administrator has not granted the petition, the petition shall be deemed to be granted. The waiver under this subparagraph shall take effect on the date 90 days after the petition is granted or deemed granted unless the Administrator establishes an earlier effective date. ``(C) Special rule.--The oxygen content requirement in effect under this subsection shall not apply to a State referred to in subsection (c)(4)(B).''. SEC. 2. CONTROL OF OXYGENATES. (a) EPA Authority.--(1) Section 211(c)(1) of the Clean Air Act (42 U.S.C. 7545(c)(1)) is amended by inserting ``(A)'' after ``(1)'' by redesignating subparagraphs (A) and (B) as clauses (i) and (ii) and by adding the following at the end thereof: ``(B) The Administrator may, by regulation, control or prohibit the use of any oxygenate (including methyl tertiary butyl ether, `MTBE') as a fuel, or fuel additive for fuel, for use in a motor vehicle, motor vehicle engine, or nonroad engine or nonroad vehicle if in the judgment of the Administrator such oxygenate causes or contributes to contamination of drinking water which may reasonably be anticipated to endanger public health, welfare, or the environment in the United States.''. (2) Section 211(c)(2)(A) of such Act (42 U.S.C. 7545(c)(2)(A)) is amended by inserting ``(i) of subparagraph'' before ``(A) of paragraph''. (3) Section 211(c)(2)(B) of such Act (42 U.S.C. 7545(c)(2)(B)) is amended by striking ``(B)'' and inserting ``(ii) of subparagraph (A)''. (4) Section 211(c)(2)(C) of such Act (42 U.S.C. 7545(c)(2)(C)) is amended by inserting ``clause (i) or (ii) of subparagraph (A) of'' before ``paragraph (1)''. (5) Section 211(c)(2) of such Act (42 U.S.C. 7545(c)(2)) is amended by adding the following at the end thereof: ``(D) If the Administrator seeks to control or prohibit the use of any oxygenate under subparagraph (B) of paragraph (1), the Administrator shall take into account information as to whether such control or prohibition will affect the use of any other oxygenate in a manner which may reasonably be anticipated to endanger public health, welfare, or the environment in the United States.''. (b) MTBE Levels.--Section 211(c) of the Clean Air Act (42 U.S.C. 7545(c)) is amended by adding the following at the end thereof: ``(5) MTBE levels.--Within 1 year after the enactment of this paragraph, the Administrator shall promulgate regulations to require that, for the calendar year beginning January 1, 2005, and for each calendar year thereafter, the annual volume of methyl tertiary butyl ether (MTBE) manufactured or introduced into commerce in a calendar year in the United States for use as a fuel, or fuel additive for fuel, for use in a motor vehicle, motor vehicle engine, or nonroad engine or nonroad vehicle shall not exceed the average annual volume of MTBE estimated by the Administrator to have been manufactured or introduced into commerce in calendar years 1986 through 1991 in the United States for use as a fuel or fuel additive for fuel, for use in a motor vehicle, motor vehicle engine, or nonroad engine or nonroad vehicle. The regulations under this paragraph may include regulations regarding the quantity of MTBE on a per-gallon basis or annual average basis provided that such an annual average standard has associated with it a per-gallon maximum standard.''. (c) State Authority.--Section 211(c)(4) of the Clean Air Act (42 U.S.C. 7545(c)(4)) is amended by adding the following at the end: ``(D) The Administrator may permit any State to prescribe and enforce controls or prohibitions on the use of methyl tertiary butyl ether (MTBE) as a fuel additive in fuel offered for sale, or sold, at retail in a calendar year in that State in order to reduce the volume of MTBE offered for sale, or sold, at retail in that State to levels below the levels estimated by the State to be offered for sale, or sold, at retail in that State under paragraph (1)(B) or (5). The Administrator may also permit any such State to establish such controls or prohibitions on MTBE on a more expeditious schedule than required under paragraph (1)(B) or (5). Any State seeking additional controls or prohibitions or a more expeditious schedule under this subparagraph shall submit a petition to the Administrator. The Administrator may only grant such a petition if the Administrator finds that the controls on MTBE in effect under paragraph (1)(B) or (5) will not prevent MTBE from causing or contributing to air pollution in that State, or contamination of drinking water in that State, which may reasonably be anticipated to endanger public health, welfare, or the environment. No State may submit such a petition to the Administrator before the date 1 year after the enactment of this subparagraph. The Administrator shall act on such petitions within 180 days of receipt. No State referred to in subparagraph (B) shall be subject to the requirements of this subparagraph. ``(E) Subparagraph (D) shall not limit the authority of any State under any other provision of law to prescribe and enforce any control or prohibition on the use of methyl tertiary butyl ether (MTBE) as a fuel additive.''. SEC. 3. MAINTENANCE OF EMISSION CONTROL BENEFITS. (a) Toxic Air Pollutants.--Section 211(k)(3) of the Clean Air Act (42 U.S.C. 7545(k)(3)) is amended by adding the following at the end: ``(C) Maintaining toxic control benefits in oxygen waiver areas.--(i) Not later than 90 days after the date of enactment of this subparagraph, the Administrator shall propose, and not later than later than 270 days after the enactment of this subparagraph, promulgate, regulations under this subparagraph (consistent with section 211(k)(3)(B)(ii) of the Clean Air Act) establishing regional performance standards to ensure that the levels of reductions of toxic air pollutants achieved under the Reformulated Gasoline Program in effect under this subsection are maintained in areas where the oxygen content requirement is waived under paragraph (11). ``(ii) For purposes of establishing regional performance standards under this subparagraph, the Administrator shall determine the reductions of toxic air pollutants achieved under the Reformulated Gasoline Program in effect under this subsection on average in calendar years 1998 and 1999 in various regions selected, in consultation with the Secretary of Energy. Such regions shall be selected on the basis of the existing gasoline distribution and supply network to the extent practicable. The Administrator's determination shall be based on compliance survey data, other appropriate and reliable data and the Environmental Protection Agency's existing Phase II complex model. ``(iii) The Administrator shall convert the average air toxic reductions, calculated as described in clause (ii), into annual average regional performance standards. Such regional performance standards shall apply to reformulated gasoline to be sold, or offered for sale, or introduced into commerce in areas where the oxygen content requirement is waived under paragraph (11). ``(iv) The performance standards under this subparagraph shall not apply to the extent that regulations under this Act (including the Environmental Protection Agency's existing Phase II Reformulated Gasoline air toxics performance standards, or regulations promulgated under section 202(l)) are more stringent than such performance standards. The performance standards under this subparagraph shall not apply in any State referred to in section 211(c)(4)(B). ``(v) Pending promulgation of regulations under this subparagraph, the Environmental Protection Agency's Phase II Reformulated Gasoline complex model toxic performance standards shall apply in areas where the oxygen content requirement is waived under paragraph (11).''. (b) Criteria Air Pollutants.--Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended by adding at the end the following: ``(p) Conventional Gasoline.-- ``(1) In general.--Not later than October 1, 2007-- ``(A) the Administrator shall determine whether the use of conventional gasoline during the period of calendar years 2005 and 2006 resulted in a greater volume of emissions of criteria air pollutants listed under section 108, determined on the basis of a weighted average of those pollutants, than the volume of such emissions during the period of calendar years 1998 and 1999; and ``(B) if the Administrator determines that a significant increase in emissions occurred, the Administrator shall promulgate such regulations under subsection (c) concerning the use of conventional gasoline as are appropriate regarding that increase. ``(2) Applicability to certain states.--The Administrator shall make the determination under paragraph (1)(A) without regard to, and the regulations promulgated under paragraph (1)(B) shall not apply to, any State that has received a waiver under section 209(b).''. SEC. 4. ASSURANCE OF ADEQUATE FUEL SUPPLY. Any regulation or modification of fuel properties promulgated by, or approved by the Administrator of the Environmental Protection Agency under the amendments made by this Act, shall take into account the need to provide lead time for refinery and fuel distribution system modifications necessary to assure adequate fuel supply for all States. Such regulation or modification shall include provisions for the banking and trading of allowances within, but not between, the regions referred to in section 211(k)(3)(C) of the Clean Air Act.

Summary: Amends the Clean Air Act to authorize the Administrator of the Environmental Protection Agency to waive oxygen content requirements for reformulated gasoline upon petition of a State.Permits the Administrator to control or prohibit the use of any oxygenate (including methyl tertiary butyl ether (MTBE)) as a fuel or fuel additive if the oxygenate contributes to contamination of drinking water which may be anticipated to endanger public health, welfare, or the environment.Caps the annual volume of MTBE manufactured or introduced into commerce as a fuel or fuel additive, beginning in 2005, at the average annual volume estimated to have been manufactured or introduced into commerce in 1986 through 1991.Grants States certain authority to prescribe and enforce controls on the use of MTBE as a fuel additive.Directs the Administrator to establish regional performance standards to ensure that levels of reductions of toxic air pollutants achieved under the Reformulated Gasoline Program are maintained in areas where the oxygen content requirement is waived.Requires any regulation or modification of fuel properties made by this Act to take into account the need to provide lead time for refinery and fuel distribution system modifications necessary to assure adequate fuel supply for all States.


SECTION 1. PUBLIC SCHOOL REPAIR AND RENOVATION. Title XII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8501 et seq.) is amended to read as follows: ``TITLE XII--PUBLIC SCHOOL REPAIR AND RENOVATION ``SEC. 12001. FINDINGS. ``Congress finds as follows: ``(1) The General Accounting Office estimated in 1995 that it would cost $112,000,000,000 to bring our Nation's school facilities into good overall condition. ``(2) The General Accounting Office also found in 1995 that 60 percent of the Nation's schools, serving 28,000,000 students, reported that 1 or more building features, such as roofs and plumbing, needed to be extensively repaired, overhauled, or replaced. ``(3) The National Center for Education Statistics reported that the average age for a school building in 1998 was 42 years and that local educational agencies with relatively high rates of poverty tend to have relatively old buildings. ``(4) School condition is positively correlated with student achievement, according to a number of research studies. ``(5) The results of a recent survey indicate that the condition of schools with large proportions of students living on Indian lands is particularly poor. ``(6) While school repair and renovation are primarily a State and local concern, some States and communities are not, on their own, able to meet the burden of providing adequate school facilities for all students, and the poorest communities have had the greatest difficulty meeting this need. It is, therefore, appropriate for the Federal Government to provide assistance to high-need communities for school repair and renovation. ``SEC. 12002. PURPOSE. ``The purpose of this title is to assist high-need local educational agencies in making urgent repairs and renovations to public school facilities in order to-- ``(1) reduce health and safety problems, including violations of local or State fire codes, faced by students; and ``(2) improve the ability of students to learn in their school environment. ``SEC. 12003. AUTHORIZED ACTIVITIES. ``(a) In General.--A recipient of a grant or loan under this title shall use the grant or loan funds to carry out the purpose of this title by-- ``(1) repairing or replacing roofs, electrical wiring or plumbing systems; ``(2) repairing, replacing, or installing heating, ventilation, or air conditioning systems; ``(3) ensuring that repairs and renovations under this title comply with the requirements of section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 relating to the accessibility of public school programs to individuals with disabilities; and ``(4) making other types of school repairs and renovations that the Secretary may reasonably determine are urgently needed, particularly projects to correct facilities problems that endanger the health and safety of students and staff such as violations of State or local fire codes. ``(b) Limitation.--The Secretary shall not approve an application for a grant or loan under this title unless the applicant demonstrates to the Secretary's satisfaction that the applicant lacks sufficient funds, from other sources, to carry out the repairs or renovations for which the applicant is requesting assistance. ``SEC. 12004. GRANTS TO LOCAL EDUCATIONAL AGENCIES WITH HIGH CONCENTRATIONS OF STUDENTS LIVING ON INDIAN LANDS. ``(a) Grants Authorized.--From funds available under section 12008(a), the Secretary shall award grants to local educational agencies to enable the agencies to carry out the authorized activities described in section 12003 and subsection (e). ``(b) Eligibility.--A local educational agency is eligible for a grant under this section if the number of children determined under section 8003(a)(1)(C) of this Act for that agency constituted at least 50 percent of the number of children who were in average daily attendance at the schools of such agency during the preceding school year. ``(c) Allocation of Funds.--The Secretary shall allocate funds available to carry out this section to eligible local educational agencies based on their respective numbers of children in average daily attendance who are counted under section 8003(a)(1)(C) of this Act. ``(d) Applications.--Each eligible local educational agency that desires to receive a grant under this section shall submit an application to the Secretary that includes-- ``(1) a statement of how the agency will use the grant funds; ``(2) a description of the steps the agency will take to adequately maintain the facilities that the agency repairs, renovates, or constructs with those funds; and ``(3) such other information and assurances as the Secretary may reasonably require. ``(e) Construction of New Schools.--In addition to any other activity authorized under section 12003, an eligible local educational agency may use grant funds received under this section to construct a new school if the agency demonstrates to the Secretary's satisfaction that the agency will replace an existing school that is in such poor condition that renovating the school will not be cost-effective. ``SEC. 12005. GRANTS TO HIGH-POVERTY LOCAL EDUCATIONAL AGENCIES. ``(a) Grants Authorized.--From funds available under section 12008(b)(1), the Secretary shall make grants, on a competitive basis, to local educational agencies with poverty rates of 25 percent or greater to enable the agencies to carry out the authorized activities described in section 12003. ``(b) Criteria for Awarding Grants.--In awarding grants under this section, the Secretary shall consider-- ``(1) the poverty rate, the need for school repairs and renovations, and the fiscal capacity of each local educational agency; and ``(2) such other factors as the Secretary determines appropriate. ``(c) Applications.--Each eligible local educational agency that desires to receive a grant under this section shall submit an application to the Secretary that includes-- ``(1) a description of the agency's urgent need for school repair and renovation and of how the agency will use funds available under this title to meet those needs; ``(2) information on the fiscal effort that the agency is making in support of education and evidence demonstrating that the agency lacks the capacity to meet the agency's urgent school repair and renovation needs without assistance made available under this title; ``(3) a description of the steps the agency will take to adequately maintain the facilities that the agency repairs or renovates with the assistance; and ``(4) such other information and assurances as the Secretary may reasonably require. ``SEC. 12006. SCHOOL RENOVATION GRANTS AND LOANS. ``(a) Grants and Loans Authorized.--From funds available under section 12008(b)(2), the Secretary shall make grants, and shall pay the cost of loans made, on a competitive basis, to local educational agencies that lack the ability to fund urgent school repairs without a grant or loan provided under this section to enable the agencies to carry out the authorized activities described in section 12003. ``(b) Loan Period.--Each loan under this section shall be for a period of 7 years and shall carry an interest rate of 0 percent. ``(c) Criteria for Making Loans.--In making loans under this section, the Secretary shall consider-- ``(1) the extent of poverty, the need for school repairs and renovations, and the fiscal capacity of each applicant; and ``(2) such other factors as the Secretary determines appropriate. ``(d) Applications.--Each eligible local educational agency that desires to receive a grant or loan under this section shall submit an application to the Secretary that includes the information described in section 12005(c). ``(e) Credit Standards.--In carrying out this section, the Secretary-- ``(1) shall not extend credit without finding that there is reasonable assurance of repayment; and ``(2) may use credit enhancement techniques, as appropriate, to reduce the credit risk of loans. ``SEC. 12007. PROGRESS REPORTS. ``The Secretary shall require recipients of grants and loans under this title to submit progress reports and such other information as the Secretary determines necessary to ensure compliance with this title and to evaluate the impact of activities assisted under this title. ``SEC. 12008. AUTHORIZATION OF APPROPRIATIONS. ``(a) Grants Under Section 12004.--For the purpose of making grants under section 12004, there are authorized to be appropriated $50,000,000 for fiscal year 2001 and such sums as may be necessary for each of the 4 succeeding fiscal years. ``(b) Grants Under Section 12005 and Grants and Loans Under Section 12006.--For the purpose of making grants under section 12005, and grants and loans under section 12006, there are authorized to be appropriated $1,250,000,000 for fiscal year 2001 and such sums as may be necessary for each of the succeeding 4 years, of which-- ``(1) 10 percent shall be available for grants under section 12005; and ``(2) 90 percent shall be available to make grants and to pay the cost of loans under section 12006. ``(c) Limitation on Loan Volume.--Within the available resources and authority, gross obligations for the principal amount of direct loans offered by the Secretary under section 12006 for fiscal year 2001 shall not exceed $7,000,000,000, or the amount specified in an applicable appropriations Act, whichever is greater. ``SEC. 12009. DEFINITIONS. ``For the purpose of this title, the following terms have the following meanings: ``(1) Local educational agency.--The term `local educational agency' has the meaning given that term in section 14101(18) (A) and (B) of this Act. ``(2) Public school facility.-- ``(A) In general.--The term `public school facility' means a public building whose primary purpose is the instruction of public elementary or secondary students. ``(B) Exclusions.--The term excludes athletic stadiums or any other structure or facility intended primarily for athletic exhibitions, contests, games, or events for which admission is charged to the general public. ``(3) Repair and renovation.--The term `repair and renovation' used with respect to an existing public school facility, means the repair or renovation of the facility without increasing the size of the facility.''.

Summary: Requires high-need local educational agencies (LEAs) to use the title XII grants or loans they receive for repairs and renovations to reduce health and safety problems, and to improve the learning environment, with respect to: (1) roofs, electrical wiring, or plumbing repair or replacement; (2) heating, ventilation, or air conditioning systems' repair, replacement, or installation; (3) title XII repairs and renovations compliance with specified accessibility requirements of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990; and (4) other types of school repairs and renovations that the Secretary of Education may reasonably determine are urgently needed, particularly projects to correct facilities problems that endanger the health and safety of students and staff. Requires title XII grant or loan applicants to demonstrate to the Secretary's satisfaction that they lack sufficient funds from other sources to carry out the repairs or renovations for which they are requesting assistance. Provides for the following types and portions of title XII assistance: (1) a specified amount reserved for allocated grants to LEAs with high concentrations of students living on Indian lands (which may be used for new school construction if renovating an existing school would not be cost-effective); (2) ten percent of the remainder for competitive grants to high-poverty LEAs (with at least a quarter of their students being from families with incomes below the poverty line); and (3) 90 percent of such remainder for competitive grants and loans to high-need LEAs that lack the ability to fund urgent school repairs (with a limitation on the amount of the loan volume). Authorizes appropriations. Prohibits title XII assistance for repair or renovation of athletic stadiums or other structures or facilities intended primarily for athletic events for which admission is charged to the general public.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Employees Health Benefits Access Act''. SEC. 2. PROVISIONS TO MAKE FEHBP AVAILABLE TO THE GENERAL PUBLIC. (a) In General.--Chapter 89 of title 5, United States Code, is amended by adding at the end the following: ``Sec. 8915. Provisions to require that benefits be extended to the general public ``(a) A contract may not be made or a plan approved unless the carrier agrees to offer to the general public, throughout each term for which the contract or approval remains effective, the same benefits (subject to the same maximums, limitations, exclusions, and other similar terms or conditions) as would be offered under such contract or plan to employees and annuitants and their family members. ``(b)(1) Premiums for coverage under this section shall be established in conformance with such requirements as the Office of Personnel Management shall by regulation prescribe, including provisions to ensure conformance with generally accepted standards and practices associated with community rating. ``(2) In no event shall the enactment of this section result in-- ``(A) any increase in the level of individual or Government contributions required under section 8906 or any other provision of this chapter, including copayments or deductibles; ``(B) any decrease in the types of benefits offered under this chapter; or ``(C) any other change that would adversely affect the coverage afforded under this chapter to employees and annuitants and their family members. ``(c) Benefits under this section shall, with respect to an individual who is entitled to benefits under part A of title XVIII of the Social Security Act, be offered (for use in coordination with those Social Security benefits) to the same extent and in the same manner as if coverage were under the preceding provisions of this chapter, rather than under this section. ``(d)(1) A carrier may file an application with the Office setting forth reasons why it, or a plan provided by such carrier, should be excluded from the requirements of this section. ``(2) In reviewing any such application, the Office may consider such factors as-- ``(A) any bona fide enrollment restrictions which would make the application of this section inappropriate, including those common to plans which are limited to individuals having a past or current employment relationship with a particular agency or other authority of the Government; ``(B) whether compliance with this section would jeopardize the financial solvency of the plan or carrier, or otherwise compromise its ability to offer health benefits under the preceding provisions of this chapter; and ``(C) the anticipated duration of the requested exclusion, and what efforts the plan or carrier proposes to take in order to be able to comply with this section. ``(e) Except as the Office may by regulation prescribe, any reference to this chapter (or any requirement of this chapter), made in any provision of law, shall not be considered to include this section (or any requirement of this section).''. (b) Conforming Amendment.--The table of sections for chapter 89 of title 5, United States Code, is amended by adding at the end the following: ``8915. Provisions to require that benefits be extended to the general public.''. SEC. 3. STANDARDIZED CLAIMS PROCESSING. Section 8902 of title 5, United States Code, is amended by adding at the end the following: ``(o) A claim for payment or reimbursement under this chapter (whether electronic or otherwise) shall be submitted on such a standard form or in such a standard manner as may be required by the Office in relation to health benefit plans. Each contract under this chapter shall include appropriate provisions to carry out the preceding sentence.''. SEC. 4. ADVANCE DIRECTIVES. Section 8907 of title 5, United States Code, is amended by adding at the end the following: ``(c) The Office shall-- ``(1) prepare information relating to the use of advance directives regarding the type or intensity of care which an individual desires in the event that such individual becomes unable to communicate by reason of incapacity due to illness or injury; and ``(2) require, as a condition for approval of any contract under section 8902, that appropriate provisions be included so that such information may be made available to enrollees of the plan involved.''. SEC. 5. DEMONSTRATION PROJECT TO EXAMINE THE FEASIBILITY OF OFFERING FEHBP ENROLLEES THE OPTION OF USING ARBITRATION INSTEAD OF LITIGATION TO RESOLVE MEDICAL MALPRACTICE CLAIMS. (a) In General.--The Office of Personnel Management shall conduct a demonstration project to assess the feasibility and desirability of offering the use of arbitration, instead of litigation, to resolve medical malpractice claims arising out of covered health care services. (b) Definition.--For the purpose of this section, the term ``covered health care services'' means any care, treatment, or other service for which the individual who receives such service has coverage under chapter 89 of title 5, United States Code. (c) Project Requirements.-- (1) In general.--The demonstration project shall be conducted as a demonstration project under section 4703 of title 5, United States Code. (2) Plan design.--In developing a plan for such project under section 4703 of title 5, United States Code, the Office shall include (in addition to any information otherwise required)-- (A) suggestions for incentives that may be offered in order to obtain the voluntary participation of enrollees, such as reductions in premiums, copayments, or deductibles; (B) the criteria for identifying the types of health benefit plans which are appropriate for inclusion, and the procedures and conditions in accordance with which any such plan may participate; (C) the general framework for arbitration, including (to the extent the Office considers appropriate) methods for the selection of arbitrators, length of hearings, and limitations on damages; and (D) the effect of an award resulting from the arbitration process, and the extent to which review of such an award may be obtained. (d) Evaluation.--The evaluation required under section 4703(h) of title 5, United States Code, with respect to the demonstration project shall include data and analysis relating to matters such as-- (1) the number of claims brought for arbitration; (2) how those claims were disposed of (whether by settlement, hearing, or otherwise), and the percentage of the total number of claims represented by each; (3) the average dollar amount of those awards or settlements; (4) the various costs involved in connection with those claims; and (5) the advantages and disadvantages of arbitration, relative to other methods of dispute resolution, and the extent to which arbitration should continue to be used under chapter 89 of such title. SEC. 6. APPLICABILITY. The amendments made by this Act shall apply with respect to contract terms beginning after the end of the 6-month period beginning on the date of the enactment of this Act.

Summary: Federal Employees Health Benefits Access Act - Prohibits a Government health services contract from being made or a plan approved unless the carrier agrees to offer to the general public the same benefits as would be offered under such contract or plan to Federal employees and annuitants and their family members. Requires premiums for coverage to be established in conformance with such requirements as the Office of Personnel Management (OPM) shall prescribe. Specifies that in no event shall this Act's enactment result in any: (1) increase in the level of individual or Government contributions required, including copayments or deductibles; (2) decrease in the types of benefits offered; or (3) other change that would adversely affect the coverage afforded to employees and annuitants and their family members. Permits a carrier to file an application with OPM setting forth reasons why it, or a plan provided by such carrier, should be excluded from the requirements of this Act. Allows OPM, in reviewing any such application, to consider such factors as: (1) any bona fide enrollment restrictions which would make the application of this Act inappropriate; (2) whether compliance would jeopardize the financial solvency of the plan or carrier or otherwise compromise its ability to offer health benefits; and (3) the anticipated duration of the requested exclusion and what efforts the plan or carrier proposes to take in order to be able to comply with this Act. Requires a claim for payment or reimbursement to be submitted on a standard form or in a standard manner as may be required by OPM in relation to health benefit plans. Directs OPM to: (1) prepare information relating to the use of advance directives regarding the type or intensity of care which an individual desires in the event that such individual becomes unable to communicate by reason of incapacity due to illness or injury; and (2) require, as a condition for contract approval, that appropriate provisions be included so that such information may be made available to enrollees of the plan involved. Requires OPM to conduct a demonstration project to assess the feasibility and desirability of offering the use of arbitration, instead of litigation, to resolve medical malpractice claims arising out of covered health care services. Sets forth provisions regarding project requirements and evaluation.


SECTION 1. EMPLOYER-PROVIDED EDUCATIONAL ASSISTANCE. (a) Permanent Extension.--Section 127 of the Internal Revenue Code of 1986 (relating to exclusion for educational assistance programs) is amended by striking subsection (d) and by redesignating subsection (e) as subsection (d). (b) Restoration of Exclusion for Graduate Education.--The last sentence of paragraph (1) of section 127(c) of such Code is amended by striking ``, and such term also does not include any payment for, or the provision of any benefits with respect to, any graduate level course of a kind normally taken by an individual pursuing a program leading to a law, business, medical, or other advanced academic or professional degree''. (c) Effective Dates.-- (1) Extension.--The amendments made by subsection (a) shall apply to taxable years beginning after December 31, 1996. (2) Graduate education.--The amendment made by subsection (b) shall apply with respect to expenses relating to courses beginning after December 31, 1996. SEC. 2. DEDUCTION FOR INTEREST ON EDUCATION LOANS. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 221 as section 222 and by inserting after section 220 the following new section: ``SEC. 221. INTEREST ON EDUCATION LOANS. ``(a) Allowance of Deduction.--In the case of an individual, there shall be allowed as a deduction for the taxable year an amount equal to the interest paid by the taxpayer during the taxable year on any qualified education loan. ``(b) Limitation Based on Modified Adjusted Gross Income.-- ``(1) In general.--The amount allowed as a deduction under subsection (a) shall be reduced (but not below zero) by the amount determined under paragraph (2). ``(2) Amount of reduction.--The amount determined under this paragraph equals the amount which bears the same ratio to the deduction (determined without regard to this subsection) as-- ``(A) the excess of-- ``(i) the taxpayer's modified adjusted gross income for such taxable year, over ``(ii) $50,000 ($80,000 in the case of a joint return), bears to ``(B) $20,000. ``(3) Modified adjusted gross income.--For purposes of paragraph (2), the term `modified adjusted gross income' means the adjusted gross income of the taxpayer for the taxable year determined-- ``(A) without regard to this section and sections 911, 931, and 933, and ``(B) after the application of sections 86, 135, 137, 219, and 469. For purposes of sections 86, 135, 219, and 469, adjusted gross income shall be determined without regard to the deduction allowed under this section. ``(4) Inflation adjustment.-- ``(A) In general.--In the case of a taxable year beginning after 1997, the $50,000 and $80,000 amounts in paragraph (2)(A)(ii) shall each be increased by an amount equal to-- ``(i) such dollar amounts, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 1996' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.--If any amount as adjusted under subparagraph (A) is not a multiple of $5,000, such amount shall be rounded to the next lowest multiple of $5,000. ``(c) Dependents Not Eligible for Deduction.--No deduction shall be allowed by this section to an individual for the taxable year if a deduction under section 151 with respect to such individual is allowed to another taxpayer for the taxable year beginning in the calendar year in which such individual's taxable year begins. ``(d) Definitions.--For purposes of this section-- ``(1) Qualified education loan.--The term `qualified education loan' means any indebtedness incurred to pay qualified higher education expenses-- ``(A) which are incurred on behalf of the taxpayer or the taxpayer's spouse, ``(B) which are paid or incurred within a reasonable period of time before or after the indebtedness is incurred, and ``(C) which are attributable to education furnished during a period during which the recipient was at least a half-time student. Such term includes indebtedness used to refinance indebtedness which qualifies as a qualified education loan. The term `qualified education loan' shall not include any indebtedness owed to a person who is related (within the meaning of section 267(b) or 707(b)(1)) to the taxpayer. ``(2) Qualified higher education expenses.-- ``(A) In general.--The term `qualified higher education expenses' means the excess of-- ``(i) tuition and fees required for the enrollment or attendance of-- ``(I) the taxpayer, ``(II) the taxpayer's spouse, or ``(III) any dependent of the taxpayer with respect to whom the taxpayer is allowed a deduction under section 151, as an eligible student at an institution of higher education, over ``(ii) the sum of-- ``(I) the amount excluded from gross income under section 135 by reason of such tuition and fees, and ``(II) the amount of the reduction described in section 135(d)(1). ``(B) Exceptions.--Such term does not include-- ``(i) expenses with respect to any course or other education involving sports, games, or hobbies, unless such course or other education is part of the student's degree program, and ``(ii) student activity fees, athletic fees, insurance expenses, or other expenses unrelated to a student's academic course of instruction. ``(C) Eligible student.--The term `eligible student' means, with respect to any academic period, a student who-- ``(i) meets the requirements of section 484(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1091(a)(1)), as in effect on the date of the enactment of this section, and ``(ii) is carrying at least \1/2\ the normal full-time work load for the course of study the student is pursuing, as reasonably determined by the institution of higher education. ``(3) Institution of higher education.--The term `institution of higher education' means an institution-- ``(A) which is described in section 481 of the Higher Education Act of 1965 (20 U.S.C. 1088), as in effect on the date of the enactment of this section, and ``(B) which is eligible to participate in programs under title IV of such Act. Such term includes an institution conducting an internship or residency program leading to a degree or certificate awarded by an institution of higher education, a hospital, or a health care facility which offers postgraduate training. ``(4) Full-time student.--The term `full-time student' means any student who is carrying at least the normal full-time work load for the course of study the student is pursuing, as reasonably determined by the institution of higher education. ``(5) Half-time student.--The term `half-time student' means any individual who would be a student as defined in section 151(c)(4) if `half-time' were substituted for `full- time' each place it appears in such section. ``(6) Dependent.--The term `dependent' has the meaning given such term by section 152. ``(e) Special Rules.-- ``(1) Denial of double benefit.--No deduction shall be allowed under this section for any amount for which a deduction is allowable under any other provision of this chapter. ``(2) Married couples must file joint return.--If the taxpayer is married at the close of the taxable year, the deduction shall be allowed under subsection (a) only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year. ``(3) Marital status.--Marital status shall be determined in accordance with section 7703.'' (b) Deduction Allowed Whether or Not Taxpayer Itemizes Other Deductions.--Subsection (a) of section 62 of such Code is amended by inserting after paragraph (16) the following new paragraph: ``(17) Interest on education loans.--The deduction allowed by section 221.'' (c) Reporting Requirement.-- (1) In general.--Subpart B of part III of subchapter A of chapter 61 of such Code (relating to information concerning transactions with other persons) is amended by inserting after section 6050R the following new section: ``SEC. 6050S. RETURNS RELATING TO EDUCATION LOAN INTEREST RECEIVED IN TRADE OR BUSINESS FROM INDIVIDUALS. ``(a) Education Loan Interest of $600 or More.--Any person-- ``(1) who is engaged in a trade or business, and ``(2) who, in the course of such trade or business, receives from any individual interest aggregating $600 or more for any calendar year on 1 or more qualified education loans, shall make the return described in subsection (b) with respect to each individual from whom such interest was received at such time as the Secretary may by regulations prescribe. ``(b) Form and Manner of Returns.--A return is described in this subsection if such return-- ``(1) is in such form as the Secretary may prescribe, ``(2) contains-- ``(A) the name, address, and TIN of the individual from whom the interest described in subsection (a)(2) was received, ``(B) the amount of such interest received for the calendar year, and ``(C) such other information as the Secretary may prescribe. ``(c) Application to Governmental Units.--For purposes of subsection (a)-- ``(1) Treated as persons.--The term `person' includes any governmental unit (and any agency or instrumentality thereof). ``(2) Special rules.--In the case of a governmental unit or any agency or instrumentality thereof-- ``(A) subsection (a) shall be applied without regard to the trade or business requirement contained therein, and ``(B) any return required under subsection (a) shall be made by the officer or employee appropriately designated for the purpose of making such return. ``(d) Statements To Be Furnished to Individuals With Respect to Whom Information Is Required.--Every person required to make a return under subsection (a) shall furnish to each individual whose name is required to be set forth in such return a written statement showing-- ``(1) the name and address of the person required to make such return, and ``(2) the aggregate amount of interest described in subsection (a)(2) received by the person required to make such return from the individual to whom the statement is required to be furnished. The written statement required under the preceding sentence shall be furnished on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made. ``(e) Qualified Education Loan Defined.--For purposes of this section, except as provided in regulations prescribed by the Secretary, the term `qualified education loan' has the meaning given such term by section 221(d)(1). ``(f) Returns Which Would Be Required To Be Made by 2 or More Persons.--Except to the extent provided in regulations prescribed by the Secretary, in the case of interest received by any person on behalf of another person, only the person first receiving such interest shall be required to make the return under subsection (a).'' (2) Assessable penalties.--Section 6724(d) of such Code (relating to definitions) is amended-- (A) by redesignating clauses (x) through (xv) as clauses (xi) through (xvi), respectively, in paragraph (1)(B) and by inserting after clause (ix) of such paragraph the following new clause: ``(x) section 6050S (relating to returns relating to education loan interest received in trade or business from individuals),'', and (B) by striking ``or'' at the end of the next to last subparagraph, by striking the period at the end of the last subparagraph and inserting ``, or'', and by adding at the end the following new subparagraph: ``(Z) section 6050R (relating to returns relating to education loan interest received in trade or business from individuals).'' (d) Clerical Amendments.-- (1) The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 221. Interest on education loans. ``Sec. 222. Cross reference.'' (2) The table of sections for subpart B of part III of subchapter A of chapter 61 of such Code is amended by inserting after the item relating to section 6050R the following new item: ``Sec. 6050S. Returns relating to education loan interest received in trade or business from individuals.'' (e) Effective Date.--The amendments made by this section shall apply to any qualified education loan (as defined in section 221(d)(1) of the Internal Revenue Code of 1986, as added by this section) incurred on, before, or after the date of the enactment of this Act, but only with respect to any loan interest payment due after December 31, 1996.

Summary: Amends the Internal Revenue Code to with respect to the income exclusion for employer-provided educational assistance programs to: (1) make such exclusion permanent; and (2) include graduate school assistance. Provides an income-based deduction for interest on qualified education loans incurred on behalf of a taxpayer or spouse (excludes dependents). Sets forth reporting requirements for persons in the business of receiving interest from such loans.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Financial Assistance Management Improvement Act of 1999''. SEC. 2. FINDINGS. The Congress finds that-- (1) there are over 600 different Federal financial assistance programs to implement domestic policy; (2) while the assistance described in paragraph (1) has been directed at critical problems, some Federal administrative requirements may be duplicative, burdensome, or conflicting, thus impeding cost-effective delivery of services at the local level; (3) the Nation's State, local, and tribal governments and private, nonprofit organizations are dealing with increasingly complex problems which require the delivery and coordination of many kinds of services; and (4) streamlining and simplification of Federal financial assistance administrative procedures and reporting requirements will improve the delivery of services to the public. SEC. 3. PURPOSES. The purposes of this Act are to-- (1) improve the effectiveness and performance of Federal financial assistance programs; (2) simplify Federal financial assistance application and reporting requirements; (3) improve the delivery of services to the public; and (4) facilitate greater coordination among those responsible for delivering such services. SEC. 4. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the Office of Management and Budget. (2) Federal agency.--The term ``Federal agency'' means any agency as defined under section 551(1) of title 5, United States Code. (3) Federal financial assistance.--The term ``Federal financial assistance'' has the meaning given that term in section 7501(a)(5) of title 31, United States Code, under which Federal financial assistance is provided, directly or indirectly, to a non-Federal entity. (4) Local government.--The term ``local government'' means a political subdivision of a State that is a unit of general local government (as defined under section 7501(a)(11) of title 31, United States Code); (5) Non-federal entity.--The term ``non-Federal entity'' means a State, local government, or nonprofit organization. (6) Nonprofit organization.--The term ``nonprofit organization'' means any corporation, trust, association, cooperative, or other organization that-- (A) is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest; (B) is not organized primarily for profit; and (C) uses net proceeds to maintain, improve, or expand the operations of the organization. (7) State.--The term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands, and any instrumentality thereof, any multi-State, regional, or interstate entity which has governmental functions, and any Indian Tribal Government. (8) Tribal government.--The term ``tribal government'' means an Indian tribe, as that term is defined in section 7501(a)(9) of title 31, United States Code. (9) Uniform administrative rule.--The term ``uniform administrative rule'' means a government-wide uniform rule for any generally applicable requirement established to achieve national policy objectives that applies to multiple Federal financial assistance programs across Federal agencies. SEC. 5. DUTIES OF FEDERAL AGENCIES. (a) In General.--Not later than 18 months after the date of the enactment of this Act, each Federal agency shall develop and implement a plan that-- (1) streamlines and simplifies the application, administrative, and reporting procedures for Federal financial assistance programs administered by the agency; (2) demonstrates active participation in the interagency process under section 6(a)(2); (3) demonstrates appropriate agency use, or plans for use, of the common application and reporting system developed under section 6(a)(1); (4) designates a lead agency official for carrying out the responsibilities of the agency under this Act; (5) allows applicants to electronically apply for, and report on the use of, funds from the Federal financial assistance program administered by the agency in a manner not inconsistent with the Government Paperwork Elimination Act (title XVII of Public Law 105-277); (6) ensures recipients of Federal financial assistance provide timely, complete, and high quality information in response to Federal reporting requirements; and (7) establishes specific annual goals and objectives to further the purposes of this Act and measure annual performance in achieving those goals and objectives, which may be done as part of the agency's annual planning responsibilities under the provisions enacted in the Government Performance and Results Act of 1993 (Public Law 103-62). (b) Extension.--If one or more agencies are unable to comply with the requirements of subsection (a), the Director shall report to the Committee on Governmental Affairs of the Senate and the Committee on Government Reform of the House of Representatives the reasons for noncompliance. After consultation with such committees, the Director may extend the period for plan development and implementation for each noncompliant agency for up to 12 months. (c) Comment and Consultation on Agency Plans.-- (1) Comment.--Each agency shall publish the plan developed under subsection (a) in the Federal Register and shall receive public comment of the plan through the Federal Register and other means (including electronic means). To the maximum extent practicable, each Federal agency shall hold public forums on the plan. (2) Consultation.--The lead official designated under subsection (a)(4) shall consult with representatives of non- Federal entities during development and implementation of the plan. Consultation with representatives of State, local, and tribal governments shall be in accordance with section 204 of the Unfunded Mandates Reform Act of 1995 (Public Law 104-4; 2 U.S.C. 1534). (d) Submission of Plan.--Each Federal agency shall submit the plan developed under subsection (a) to the Director and Congress and report annually thereafter on the implementation of the plan and performance of the agency in meeting the goals and objectives specified under subsection (a)(7). Such report may be included as part of any of the general management reports required under law. (e) Department of Housing and Urban Development.--(1) Not later than 18 months after the date of the enactment of this Act, the Department of Housing and Urban Development shall develop and implement a plan that establishes policies and procedures regarding an applicant who has submitted an application for Federal financial assistance to the agency that includes a technical deficiency under which-- (A) the applicant shall be notified promptly of the deficiency and permitted to submit the appropriate information to correct the deficiency within 7 days of receipt of notice by the applicant of the deficiency, notwithstanding that the deadline for submission of an application has expired; (B) the application shall continue to be considered by the agency during the period before the applicant is notified and the 7-day period during which the applicant is permitted to correct the deficiency; and (C) if the applicant corrects the deficiency within the 7- day period, the agency shall continue to consider the application. (2) A deficiency (including, but not limited to, a misfiling, error, or omission) may be considered technical for purposes of this subsection notwithstanding a material impact on the eligibility of an applicant or proposed activity for requested funding. A technical deficiency for purposes of this subsection does not include the failure to submit a substantially complete application by a deadline published in the Federal Register. SEC. 6. DUTIES OF THE DIRECTOR. (a) In General.--The Director, in consultation with agency heads, and representatives of non-Federal entities, shall direct, coordinate and assist Federal agencies in establishing: (1)(A) a common application or set of common applications, wherein a non-Federal entity can apply for Federal financial assistance from multiple Federal financial assistance programs that serve similar purposes and are administered by different Federal agencies; (B) a common system, including electronic processes, wherein a non-Federal entity can apply for, manage, and report on the use of funding from multiple Federal financial assistance programs that serve similar purposes and are administered by different Federal agencies; and (C) uniform administrative rules for Federal financial assistance programs across different Federal agencies. (2) An interagency process for addressing-- (A) ways to streamline and simplify Federal financial assistance administrative procedures and reporting requirements for non-Federal entities; (B) improved interagency and intergovernmental coordination of information collection and sharing of data pertaining to Federal financial assistance programs, including appropriate information sharing consistent with the provisions in the Privacy Act of 1974 (Public Law 93-579); and (C) improvements in the timeliness, completeness, and quality of information received by Federal agencies from recipients of Federal financial assistance. (b) Lead Agency and Working Groups.--The Director may designate a lead agency to assist the Director in carrying out the responsibilities under this section. The Director may use interagency working groups to assist in carrying out such responsibilities. (c) Review of Plans and Reports.--Agencies shall submit to the Director, upon his request and for his review, information and other reporting regarding their implementation of this Act. (d) Exemptions.--The Director may exempt any Federal agency or Federal financial assistance program from the requirements of this Act if the Director determines that the Federal agency does not have a significant number of Federal financial assistance programs. The Director shall maintain a list of exempted agencies which will be available to the public through the Internet site of the Office of Management and Budget. (e) Report on Recommended Changes in Law.--Not later than 18 months after the date of the enactment of this Act, the Director shall submit to Congress a report containing recommendations for changes in law to improve the effectiveness and performance of Federal financial assistance programs. SEC. 7. EVALUATION. (a) In General.--The Director (or the lead agency designated under section 6(b)) shall contract with the National Academy of Public Administration to evaluate the effectiveness of this Act. Not later than 4 years after the date of the enactment of this Act, the evaluation shall be submitted to the lead agency, the Director, and Congress. The evaluation shall be performed with input from State, local, and tribal governments, and nonprofit organizations. (b) Contents.--The evaluation under subsection (a) shall-- (1) assess the effectiveness of this Act in meeting the purposes of this Act and make specific recommendations to further the implementation of this Act; (2) evaluate actual performance of each agency in achieving the goals and objectives stated in agency plans; (3) assess the level of coordination among the Director, Federal agencies, State, local, and tribal governments, and nonprofit organizations in implementing this Act. SEC. 8. COLLECTION OF INFORMATION. Nothing in this Act shall be construed to prevent the Director or any Federal agency from gathering, or to exempt any recipient of Federal financial assistance from providing, information that is required for review of the financial integrity or quality of services of an activity assisted by a Federal financial assistance program. SEC. 9. JUDICIAL REVIEW. There shall be no judicial review of compliance or noncompliance with any of the provisions of this Act. No provision of this Act shall be construed to create any right or benefit, substantive or procedural, enforceable by any administrative or judicial action. SEC. 10. STATUTORY REQUIREMENTS. Nothing in this Act shall be construed as a means to deviate from the statutory requirements relating to applicable Federal financial assistance programs. SEC. 11. EFFECTIVE DATE AND SUNSET. This Act shall take effect on the date of the enactment of this Act and shall cease to be effective five years after such date of enactment. SEC. 12. SENSE OF THE CONGRESS REGARDING FEDERAL FINANCIAL ASSISTANCE. It is the sense of the Congress that Federal agencies, in providing Federal financial assistance for the purpose of economic development, should focus primarily on communities with high poverty and unemployment rates. Passed the House of Representatives February 24, 1999. Attest: JEFF TRANDAHL, Clerk.

Summary: Federal Financial Assistance Management Improvement Act of 1999 - Directs each Federal agency to develop and implement a plan that, among other things, streamlines and simplifies the application, administrative, and reporting procedures for Federal financial assistance programs administered by the agency. Requires each agency to publish the plan in the Federal Register, receive public comment, and hold public forums on the plan. Requires the designated lead agency official to consult with the representatives of non-Federal entities during plan development and implementation. Requires each Federal agency to submit the plan developed to the Director of the Office of Management and Budget (OMB) and the Congress and report annually thereafter on plan implementation and agency performance in meeting goals and objectives. Directs the Department of Housing and Urban Development to develop and implement a plan that establishes policies and procedures regarding an applicant who has submitted an application for Federal financial assistance to the agency that includes a technical deficiency under which the applicant: (1) shall be notified of the deficiency and be permitted to submit information to correct the deficiency within seven days; and (2) shall continue to be considered by the agency during such period and after such period if the deficiency is corrected. Requires the Director to direct, coordinate and assist Federal agencies in establishing: (1) a common application or set of common applications wherein a non-Federal entity can apply for Federal financial assistance from multiple Federal programs; (2) a common system wherein a non-Federal entity can apply for, manage, and report on the use of funding from multiple Federal programs; (3) uniform administrative rules for Federal financial assistance programs across different agencies; and (4) an interagency process for addressing ways to streamline and simplify Federal financial assistance administrative procedures and reporting requirements for non-Federal entities, ways to improve interagency and intergovernmental coordination of information collection and data sharing pertaining to Federal financial assistance programs, and ways to improve the timeliness, completeness, and quality of information received from financial assistance recipients. Permits the Director to: (1) designate a lead agency to assist him or her and use interagency working groups to assist in carrying out such responsibilities; and (2) exempt any Federal agency or Federal financial assistance program from the requirements of this Act if the Director determines that the agency does not have a significant number of Federal financial assistance programs. Requires the Director to maintain a list of exempted agencies available to the public through OMB's Internet site. Requires the Director to submit to the Congress a report containing recommendations for changes in law to improve the effectiveness and performance of Federal financial assistance programs. Requires the Director or lead agency to contract with the National Academy of Public Administration to evaluate the effectiveness of this Act. Requires the evaluation to be submitted to the lead agency, the Director, and the Congress. Requires the evaluation to be performed with input from State, local, and tribal governments and nonprofit organizations. Terminates this Act five years after enactment. Expresses the sense of the Congress that Federal agencies, in providing Federal financial assistance for economic development, should focus on communities with high poverty and unemployment rates.


SECTION 1. REPEAL OF CARRYOVER BASIS; ETC. (a) In General.--Subtitles A and E of title V of the Economic Growth and Tax Relief Reconciliation Act of 2001, and the amendments made by such subtitles, are hereby repealed; and the Internal Revenue Code of 1986 shall be applied as if such subtitles, and amendments, had never been enacted. (b) Sunset Not To Apply.-- (1) Subsection (a) of section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 is amended by striking ``this Act'' and all that follows and inserting ``this Act (other than title V) shall not apply to taxable, plan, or limitation years beginning after December 31, 2010.''. (2) Subsection (b) of such section 901 is amended by striking ``, estates, gifts, and transfers''. (c) Conforming Amendments.--Subsections (d) and (e) of section 511 of the Economic Growth and Tax Relief Reconciliation Act of 2001, and the amendments made by such subsections, are hereby repealed; and the Internal Revenue Code of 1986 shall be applied as if such subsections, and amendments, had never been enacted. SEC. 2. MODIFICATIONS TO ESTATE TAX. (a) Increase in Exclusion Equivalent of Unified Credit to $3,500,000.-- (1) In general.--Subsection (c) of section 2010 of the Internal Revenue Code of 1986 (relating to applicable credit amount) is amended by striking all that follows ``the applicable exclusion amount'' and inserting ``. For purposes of the preceding sentence, the applicable exclusion amount is $3,500,000 ($3,000,000 in the case of estates of decedents dying, and gifts made, after December 31, 2002, and before January 1, 2009).''. (2) Earlier termination of section 2057.--Subsection (f) of section 2057 of such Code is amended by striking ``December 31, 2003'' and inserting ``December 31, 2002''. (b) Maximum Estate Tax Rate To Remain at 50 Percent; Phaseout of Graduated Rates and Unified Credit.--Paragraph (2) of section 2001(c) of such Code is amended to read as follows: ``(2) Phaseout of graduated rates and unified credit.--The tentative tax determined under paragraph (1) shall be increased by an amount equal to 5 percent of so much of the amount (with respect to which the tentative tax is to be computed) as exceeds $10,000,000. The amount of the increase under the preceding sentence shall not exceed the sum of the applicable credit amount under section 2010(c) and $224,200.'' (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying, and gifts made, after December 31, 2002. SEC. 3. VALUATION RULES FOR CERTAIN TRANSFERS OF NONBUSINESS ASSETS; LIMITATION ON MINORITY DISCOUNTS. (a) In General.--Section 2031 of the Internal Revenue Code of 1986 (relating to definition of gross estate) is amended by redesignating subsection (d) as subsection (f) and by inserting after subsection (c) the following new subsections: ``(d) Valuation Rules for Certain Transfers of Nonbusiness Assets.--For purposes of this chapter and chapter 12-- ``(1) In general.--In the case of the transfer of any interest in an entity other than an interest which is actively traded (within the meaning of section 1092)-- ``(A) the value of any nonbusiness assets held by the entity shall be determined as if the transferor had transferred such assets directly to the transferee (and no valuation discount shall be allowed with respect to such nonbusiness assets), and ``(B) the nonbusiness assets shall not be taken into account in determining the value of the interest in the entity. ``(2) Nonbusiness assets.--For purposes of this subsection-- ``(A) In general.--The term `nonbusiness asset' means any asset which is not used in the active conduct of 1 or more trades or businesses. ``(B) Exception for certain passive assets.--Except as provided in subparagraph (C), a passive asset shall not be treated for purposes of subparagraph (A) as used in the active conduct of a trade or business unless-- ``(i) the asset is property described in paragraph (1) or (4) of section 1221(a) or is a hedge with respect to such property, or ``(ii) the asset is real property used in the active conduct of 1 or more real property trades or businesses (within the meaning of section 469(c)(7)(C)) in which the transferor materially participates and with respect to which the transferor meets the requirements of section 469(c)(7)(B)(ii). For purposes of clause (ii), material participation shall be determined under the rules of section 469(h), except that section 469(h)(3) shall be applied without regard to the limitation to farming activity. ``(C) Exception for working capital.--Any asset (including a passive asset) which is held as a part of the reasonably required working capital needs of a trade or business shall be treated as used in the active conduct of a trade or business. ``(3) Passive asset.--For purposes of this subsection, the term `passive asset' means any-- ``(A) cash or cash equivalents, ``(B) except to the extent provided by the Secretary, stock in a corporation or any other equity, profits, or capital interest in any entity, ``(C) evidence of indebtedness, option, forward or futures contract, notional principal contract, or derivative, ``(D) asset described in clause (iii), (iv), or (v) of section 351(e)(1)(B), ``(E) annuity, ``(F) real property used in 1 or more real property trades or businesses (as defined in section 469(c)(7)(C)), ``(G) asset (other than a patent, trademark, or copyright) which produces royalty income, ``(H) commodity, ``(I) collectible (within the meaning of section 401(m)), or ``(J) any other asset specified in regulations prescribed by the Secretary. ``(4) Look-thru rules.-- ``(A) In general.--If a nonbusiness asset of an entity consists of a 10-percent interest in any other entity, this subsection shall be applied by disregarding the 10-percent interest and by treating the entity as holding directly its ratable share of the assets of the other entity. This subparagraph shall be applied successively to any 10-percent interest of such other entity in any other entity. ``(B) 10-percent interest.--The term `10-percent interest' means-- ``(i) in the case of an interest in a corporation, ownership of at least 10 percent (by vote or value) of the stock in such corporation, ``(ii) in the case of an interest in a partnership, ownership of at least 10 percent of the capital or profits interest in the partnership, and ``(iii) in any other case, ownership of at least 10 percent of the beneficial interests in the entity. ``(5) Coordination with subsection (b).--Subsection (b) shall apply after the application of this subsection. ``(e) Limitation on Minority Discounts.--For purposes of this chapter and chapter 12, in the case of the transfer of any interest in an entity other than an interest which is actively traded (within the meaning of section 1092), no discount shall be allowed by reason of the fact that the transferee does not have control of such entity if the transferee and members of the family (as defined in section 2032A(e)(2)) of the transferee have control of such entity.'' (b) Effective Date.--The amendments made by this section shall apply to transfers after the date of the enactment of this Act.

Summary: Amends the Economic Growth and Tax Relief Reconciliation Act of 2001 to repeal subtitles A (Repeal of Estate and Generation-Skipping Transfer Taxes) and E (Carryover Basis at Death; Other Changes Taking Effect With Repeal) of title V (Estate, Gift, and Generation-Skipping Transfer Tax Provisions. Repeals the sunset provisions applicable to the remaining provisions of title V.Increases the unified tax credit amount for years before 2009. Modifies provisions concerning phaseout of graduated rates and unified credit.Sets valuation rules for certain transfers of "nonbusiness assets," or assets not used in the active conduct of one or more trades or businesses. Sets forth criteria under which certain "passive assets" shall not be treated as used in the active conduct of business and defines "passive assets."Specifies a limitation on minority discounts.