SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeownership Vesting Plan Act of 2009''. SEC. 2. HOMEOWNERSHIP VESTING PLAN. Title II of the National Housing Act (12 U.S.C. 1707 et seq.) is amended-- (1) by redesignating section 257, as added by section 2124(a) of the Housing and Economic Relief Act of 2008 (12 U.S.C. 1715z-24), as section 258; and (2) by adding after section 258, as so redesignated, the following new section: ``SEC. 259. HOMEOWNERSHIP VESTING PLAN. ``(a) Authority.--The Secretary shall, subject only to the absence of requests for insurance under this section and the availability of amounts pursuant to subsection (i)-- ``(1) make commitments to insure and insure any mortgage covering a 1- to 4-family residence that is made for the purpose of paying or prepaying outstanding obligations under an existing mortgage or mortgages on the residence if the mortgage being insured under this section meets the requirements of this section; and ``(2) in connection with the insurance of such mortgages-- ``(A) make payments under subsection (c) to servicers of eligible mortgages refinanced by such insured mortgages; ``(B) make payments under (b)(4) for the extinguishment of subordinate liens on the properties subject to eligible mortgages refinance by such insured mortgages; and ``(C) make loans under subsection (d) to mortgagors under such insured mortgages. ``(b) Eligible Mortgages.--To be eligible for insurance under this section, a mortgage shall comply with all of the following requirements: ``(1) Owner-occupied sole residence.--The residence securing the mortgage insured under this section shall be occupied by the mortgagor as the principal residence of the mortgagor and the mortgagor shall provide a certification to the originator of the insured mortgage that such residence securing the mortgage is the only residence in which the mortgagor has any present ownership interest. ``(2) Principal obligation amount.--The principal obligation amount of the mortgage to be insured under this section shall be equal to 97.5 percent of the current appraised value of the residence securing the mortgage. ``(3) Required waiver of prepayment penalties and fees.-- All penalties for prepayment or refinancing of the existing senior mortgage, and all fees and penalties related to default or delinquency on the existing senior mortgage, shall be waived or forgiven. ``(4) Extinguishment of subordinate liens.-- ``(A) Required agreement.--All holders of existing mortgages on the property to which the eligible mortgage relates shall agree to accept the proceeds of the insured loan, and any payment pursuant to subparagraph (B), as payment in full of all indebtedness under the existing mortgage, and all encumbrances related to such existing mortgage shall be removed. The Secretary may take such actions, in accordance with the standards established pursuant to subparagraph (B), as may be necessary and appropriate to facilitate coordination and agreement between the holders of the existing senior mortgage and any existing subordinate mortgages, taking into consideration the subordinate lien status of such subordinate mortgages. ``(B) Payment.--The Secretary shall provide for the payment to the holder of any existing subordinate mortgage of an amount equal to 5 cents for each dollar of the outstanding principal balance of, and accrued interest on, the outstanding mortgage. ``(5) Interest rate and term of mortgage.--The mortgage to be insured under this section shall-- ``(A) bear interest at a single rate that is fixed for the entire term of the mortgage; and ``(B) have a maturity of 30 years from the date of the beginning of amortization of such mortgage. ``(6) Underwriting standards.--The mortgage insured under this section shall comply with the underwriting standards applicable under the FHA Secure Program (established by mortgagee letter 2007-11, issued September 5, 2007), as such Program is in effect as of February 1, 2009. ``(7) Priority of lien for non-vested loan principal.--The mortgage to be insured under this section shall provide that the Secretary's lien pursuant to subsection (d)(4) on the residence that is subject to the mortgage shall have superior priority to the lien under the insured mortgage. ``(8) Requirements for existing senior mortgage being refinanced.-- ``(A) Origination date.--The existing senior mortgage shall have been originated during the period beginning on January 1, 2003, and ending upon December 31, 2007. ``(B) Principal obligation.--The existing senior mortgage shall have had an original principal obligation in an amount that did not exceed the maximum dollar amount limitation in effect on February 1, 2009, under section 203(b)(2) of the National Housing Act (12 U.S.C. 1709(b)(2)) for a residence of the applicable size for the area in which the residence is located. ``(C) Debt-to-income ratio upon origination.--As of the time of the origination of the existing senior mortgage, the mortgagor shall have had a ratio of mortgage debt to income, taking into consideration all existing mortgages of that mortgagor at such time, exceeding 30 percent. ``(D) Loan-to-value ratio.--The existing senior mortgage shall, upon origination, have involved a principal obligation (including such initial service charges, appraisal, inspection, and other fees as the Secretary shall approve) in an amount not exceeding 90 percent of the appraised value of the property at such time. ``(c) Payment to Servicer of Existing Mortgage.--For each mortgage insured under this section, the Secretary shall make a payment in the amount of $1,000 to the servicer of the existing senior mortgage refinanced by such insured mortgage. ``(d) Nonamortizing No-Interest Loan.-- ``(1) In general.--In connection with each mortgage insured under this section, the Secretary shall make a loan under this subsection to the mortgagor, the proceeds of which shall be paid by the Secretary directly to the holder of the existing senior mortgage being refinanced by the mortgage insured under this section. Such loan shall be in an amount equal to the difference between-- ``(A) the amount of the outstanding principal obligation under the existing senior mortgage refinanced by such insured mortgage as of the time of the origination of such insured mortgage; and ``(B) the amount of the original principal obligation of the insured mortgage. ``(2) Terms.--A loan under this section-- ``(A) shall not bear interest; and ``(B) shall not require the borrower to make payments of principal, except as provided in paragraph (3). ``(3) Repayment.--A loan under this section shall require repayment of principal only if the borrower defaults with respect to the borrower's obligations under the insured mortgage in connection with which such loan is made during the 5-year period that begins on the date that such mortgage is insured, as follows: ``(A) Year 1.--If any such default occurs during the period that begins on the date that such mortgage is insured and ends 1 year after such date of insurance, the Secretary shall be entitled to repayment of 100 percent of the principal amount of the loan. ``(B) Year 2.--If any such default occurs during the period that begins 1 year after such date of insurance and ends 2 years after such date of insurance, the Secretary shall be entitled to 80 percent of such principal amount. ``(C) Year 3.--If any such default occurs during the period that begins 2 years after such date of insurance and ends 3 years after such date of insurance, the Secretary shall be entitled to 60 percent of such principal amount. ``(D) Year 4.--If any such default occurs during the period that begins 3 years after such date of insurance and ends 4 years after such date of insurance, the Secretary shall be entitled to 40 percent of such principal amount. ``(E) Year 5.--If any such default occurs during the period that begins 4 years after such date of insurance and ends 5 years after such date of insurance, the Secretary shall be entitled to 20 percent of such principal amount. ``(F) After year 5.--If any such default occurs after the expiration of the 5-year period that begins on such date of insurance, the Secretary shall not be entitled to repayment of any portion of such principal amount. ``(4) Lien.--Repayment of the portion of the principal amount of a loan made under this subsection that is required under paragraph (3) shall be secured by a lien on the residence that is subject to the mortgage insured under this section in connection with which such loan was made, that is held by the Secretary, and which shall have priority over all other liens on such residence. ``(e) Premiums.--Notwithstanding any other provision of this Act: ``(1) In general.--For each eligible mortgage insured under this section, the Secretary shall establish and collect an annual premium in an amount equal to not less than 0.55 percent of the amount of the remaining insured principal balance of the mortgage and not more than 0.75 percent of such remaining insured principal balance, as determined according to a schedule established by the Secretary that assigns such annual premiums based upon the credit risk of the mortgage. ``(2) Reduction or termination during mortgage term.-- Notwithstanding paragraph (1), the Secretary may provide that the annual premiums charged for eligible mortgages insured under this section are reduced over the term of the mortgage or that the collection of such premiums is discontinued at some time during the term of the mortgage, in a manner that is consistent with policies for such reduction or discontinuation of annual premiums charged for mortgages in accordance with section 203(c). ``(f) Sunset.--The Secretary may not enter into any new commitment to insure any refinanced eligible mortgage, or newly insure any refinanced eligible mortgage, pursuant to this section after the expiration of the 3-year period beginning upon the date of the enactment of this Act. ``(g) Definitions.--For purposes of this section, the following definitions shall apply: ``(1) Eligible mortgage.--The term `eligible mortgage' means a mortgage that meets the requirement under subsection (b) for insurance under this section. ``(2) Existing mortgage.--The term `existing mortgage' means, with respect to a mortgage insured or to be insured under this section, a mortgage on the same residence that is to be subject to such mortgage insured under this section that is to be extinguished pursuant to such insured mortgage. ``(3) Existing senior mortgage.--The term `existing senior mortgage' means, with respect to a mortgage insured or to be insured under this section, the existing mortgage that has superior priority. ``(4) Existing subordinate mortgage.--The term `existing subordinate mortgage' means, with respect to a mortgage insured or to be insured under this section, an existing mortgage that has subordinate priority to the existing senior mortgage. ``(h) Authorization of Appropriations.--There is authorized to be appropriated for fiscal years 2009 through 2012-- ``(1) $2,000,000,000 for payments under subsection (c) to servicers of eligible mortgages refinanced by such insured mortgages; ``(2) $1,500,000,000 for payments under (b)(4) for the extinguishment of subordinate liens on the properties subject to eligible mortgages refinanced by such insured mortgages; and ``(3) $90,000,000,000 for the costs (as such term is defined in section 502 of the Federal Credit Reform Act of 1974 (2 U.S.C. 661a)) of loans under subsection (d) to mortgagors under such insured mortgages.''. SEC. 3. SERVICER SAFE HARBOR. (a) Safe Harbor.-- (1) Loan modifications and workout plans.--Notwithstanding any other provision of law, and notwithstanding any investment contract between a servicer and a securitization vehicle or investor, a servicer that acts consistent with the duty set forth in section 129A(a) of Truth in Lending Act (15 U.S.C. 1639a) shall not be liable for entering into a loan modification or workout plan with respect to any such mortgage that meets all of the criteria set forth in paragraph (2)(B) to-- (A) any person, based on that person's ownership of a residential mortgage loan or any interest in a pool of residential mortgage loans or in securities that distribute payments out of the principal, interest and other payments in loans on the pool; (B) any person who is obligated pursuant to a derivatives instrument to make payments determined in reference to any loan or any interest referred to in subparagraph (A); or (C) any person that insures any loan or any interest referred to in subparagraph (A) under any law or regulation of the United States or any law or regulation of any State or political subdivision of any State. (2) Ability to modify mortgages.-- (A) Ability.--Notwithstanding any other provision of law, and notwithstanding any investment contract between a servicer and a securitization vehicle or investor, a servicer-- (i) shall not be limited in the ability to modify mortgages, the number of mortgages that can be modified, the frequency of loan modifications, or the range of permissible modifications; and (ii) shall not be obligated to repurchase loans from or otherwise make payments to the securitization vehicle on account of a modification, workout, or other loss mitigation plan for a residential mortgage or a class of residential mortgages that constitute a part or all of the mortgages in the securitization vehicle, if any mortgage so modified meets all of the criteria set forth in subparagraph (B). (B) Criteria.--The criteria under this subparagraph with respect to a mortgage are as follows: (i) Default on the payment of such mortgage has occurred or is reasonably foreseeable. (ii) The property securing such mortgage is occupied by the mortgagor of such mortgage. (iii) The servicer reasonably and in good faith believes that the anticipated recovery on the principal outstanding obligation of the mortgage under the particular modification or workout plan or other loss mitigation action will exceed, on a net present value basis, the anticipated recovery on the principal outstanding obligation of the mortgage to be realized through foreclosure. (3) Applicability.--This subsection shall apply only with respect to modifications, workouts, and other loss mitigation plans initiated before January 1, 2012. (b) Reporting.--Each servicer that engages in loan modifications or workout plans subject to the safe harbor in subsection (a) shall report to the Secretary on a regular basis regarding the extent, scope and results of the servicer's modification activities. The Secretary shall prescribe regulations specifying the form, content, and timing of such reports. (c) Definition of Securitization Vehicles.--For purposes of this section, the term ``securitization vehicle'' means a trust, corporation, partnership, limited liability entity, special purpose entity, or other structure that-- (1) is the issuer, or is created by the issuer, of mortgage pass-through certificates, participation certificates, mortgage-backed securities, or other similar securities backed by a pool of assets that includes residential mortgage loans; and (2) holds such mortgages.

Summary: Home Ownership Vesting Plan Act of 2009 - Amends the National Housing Act to direct the Secretary of Housing and Urban Development (HUD) to: (1) insure any mortgage covering a one- to four-family principal and sole residence that is made for the purpose of paying or prepaying outstanding obligations (refinancing) under an existing mortgage or mortgages meeting specified requirements; (2) pay $1,000 to the servicer of the existing senior mortgage refinanced by each mortgage insured under this Act; and (3) make a nonamortizing no-interest loan to the mortgagor, the proceeds of which shall be paid by the Secretary directly to the holder of the existing senior mortgage being refinanced. Sets forth a schedule for repayment of principal only if the borrower defaults. Shields a servicer from liability for entering into a loan modification or workout plan with respect to any such mortgage if the servicer acts consistent with the fiduciary duty of servicers of pooled residential mortgages under the Truth in Lending Act.


SECTION 1. COMMISSION ON UROTRAUMA. (a) Establishment.--In order to continue and expand the study of urotrauma conducted by the Secretary of Defense in 2011, subject to the availability of appropriations for such purpose, the Secretary shall establish a commission to be known as the ``Commission on Urotrauma'' (in this section referred to as the ``Commission''). (b) Consultation.--In carrying out this section, the Secretary of Defense shall consult with the Secretary of Veterans Affairs and the Secretary of Health and Human Services. (c) Duties.--The Commission shall conduct a study on urotrauma among members of the Armed Forces and veterans, including-- (1) an analysis of the incidence, duration, morbidity rate, and mortality rate of urotrauma; (2) an analysis of the social and economic costs and effects of urotrauma; (3) with respect to the Department of Defense and Department of Veterans Affairs, an evaluation of the facilities, access to private facilities, resources, personnel, and research activities that are related to the diagnosis, prevention, and treatment of urotrauma; (4) an evaluation of programs (including such biological, behavioral, environmental, and social programs) that improve the prevention or treatment of urotrauma; (5) a long-term plan for the use and organization of the resources of the Federal Government to improve the prevention and treatment of urotrauma; and (6) updates to any study on urotrauma conducted by the Secretary of Defense in 2011. (d) Membership.-- (1) Appointed members.--In addition to the ex officio members described in paragraph (2), the Committee shall be composed of 19 members as follows: (A) Sixteen members appointed by the Secretary of Defense. (B) One member appointed by the Secretary of Health and Human Services from among officers or employees of the National Institute of Diabetes and Digestive and Kidney Diseases whose primary interest is in the field of urotrauma. (C) The Chief of the Department of Surgery of Walter Reed National Military Medical Center. (D) The Chief Medical Director of the Department of Veterans Affairs. (2) Ex officio members.--The nonvoting, ex officio members of the Commission are as follows: (A) The Surgeon General of the Navy. (B) The Surgeon General of the Army. (C) The Surgeon General of the Air Force. (D) The Medical Officer of the Marine Corps. (E) The Director of the National Institutes of Health. (F) The Director of the National Institute of Diabetes and Digestive and Kidney Diseases. (G) The Director of the Division of Kidney, Urologic, and Hematologic Diseases of the National Institute of Diabetes and Digestive Kidney Diseases. (H) The Director of the National Institute of Biomedical Imaging and Bioengineering. (3) Qualifications.--In appointing members under paragraph (1)(A), the Secretary of Defense shall appoint individuals with experience related to-- (A) studying or researching urotrauma; (B) preventing or treating urotrauma; or (C) suffering from urotrauma. (4) Term.--Each member shall be appointed for the life of the Commission. (5) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (6) Pay.-- (A) Except as provided in subparagraph (C), members of the Commission shall serve without pay. (B) Except as provided in subparagraph (C), members of the Commission who are full-time officers or employees of the United States may not receive additional pay, allowances, or benefits by reason of their service on the Commission. (C) Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (7) Quorum.--A majority of members of the Commission shall constitute a quorum but a lesser number may hold hearings. (8) Chairperson.--The Secretary of Defense shall designate a member as the chairperson of the Committee. (9) Meetings.--The Commission shall meet at the call of the chairperson. (e) Staff.-- (1) Director.--The Commission shall have a director who shall be appointed by the chairperson. (2) Staff.--Subject to rules prescribed by the Commission, the chairperson may appoint additional personnel as the chairperson considers appropriate. (3) Applicability of certain civil service laws.--The director and staff of the Commission shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (4) Experts and consultants.--Subject to rules prescribed by the Commission, the chairperson may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (5) Staff to federal agencies.--Upon request of the chairperson, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this section. (f) Powers of Commission.-- (1) Hearings and sessions.--The Commission may, for the purpose of carrying out this section, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. (2) Powers of members and agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (3) Obtaining official data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this section. Upon request of the chairperson of the Commission, the head of that department or agency shall furnish that information to the Commission. (4) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (5) Administrative support services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this section. (g) Reports.-- (1) Interim report.--Not later than one year after the date on which the members are appointed under subsection (d)(1), the Commission shall submit to the appropriate congressional committees an interim report on the study conducted under subsection (c). (2) Final report.--Not later than two years after the date on which the members are appointed under subsection (d)(1), the Commission shall submit to the appropriate congressional committees a final report on the study conducted under subsection (c), including any recommendations the Commission considers appropriate to improve the prevention and treatment of urotrauma among members of the Armed Forces and veterans. (h) Termination.--The Commission shall terminate on the date that is 60 days after the date on which the Commission submits the final report under subsection (g)(2). (i) Definitions.--In this section: (1) The term ``appropriate congressional committees'' means-- (A) the Committees on Armed Services of the House of Representatives and Senate; and (B) the Committees on Veterans' Affairs of the House of Representatives and Senate. (2) The term ``urotrauma'' means injury to the urinary tract (including the kidneys, ureters, urinary bladder, urethra, and female and male genitalia) from a penetrating, blunt, blast, thermal, chemical, or biological cause. (j) Authorization of Appropriations.-- (1) Authorization.--There is authorized to be appropriated to carry out this section $1,000,000 for each of fiscal years 2012 through 2015. (2) Offset.--The amount otherwise authorized to be appropriated for operation and maintenance, Defense-wide, for the Office of the Secretary of Defense for each of fiscal years 2012 through 2015 is reduced by $1,000,000.

Summary: Directs the Secretary of Defense (DOD), in order to continue and expand the DOD study conducted in 2011, to establish the Commission on Urotrauma to: (1) conduct a study on urotrauma (injury to the urinary tract from a penetrating, blunt, blast, thermal, chemical, or biological cause) among members of the Armed Forces and veterans; and (2) provide an interim and final report to the congressional defense and veterans committees on such study.


SECTION 1. EXEMPTION OF CERTAIN INTEREST AND DIVIDEND INCOME FROM TAX. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to amounts specifically excluded from gross income) is amended by inserting after section 115 the following new section: ``SEC. 116. PARTIAL EXCLUSION OF DIVIDENDS AND INTEREST RECEIVED BY INDIVIDUALS. ``(a) Exclusion From Gross Income.--Gross income does not include the sum of the amounts received during the taxable year by an individual as-- ``(1) dividends from domestic corporations, or ``(2) interest. ``(b) Limitations.-- ``(1) Maximum amount.--The aggregate amount excluded under subsection (a) for any taxable year shall not exceed $5,000 ($10,000 in the case of a joint return). ``(2) Certain dividends excluded.--Subsection (a)(1) shall not apply to any dividend from a corporation which, for the taxable year of the corporation in which the distribution is made, or for the next preceding taxable year of the corporation, is a corporation exempt from tax under section 501 (relating to certain charitable, etc., organization) or section 521 (relating to farmers' cooperative associations). ``(c) Special Rules.--For purposes of this section-- ``(1) Distributions from regulated investment companies and real estate investment trusts.--Subsection (a) shall apply with respect to distributions by-- ``(A) regulated investment companies to the extent provided in section 854(c), and ``(B) real estate investment trusts to the extent provided in section 857(c). ``(2) Distributions by a trust.--For purposes of subsection (a), the amount of dividends and interest properly allocable to a beneficiary under section 652 or 662 shall be deemed to have been received by the beneficiary ratably on the same date that the dividends and interest were received by the estate or trust. ``(3) Certain nonresident aliens ineligible for exclusion.--In the case of a nonresident alien individual, subsection (a) shall apply only-- ``(A) in determining the tax imposed for the taxable year pursuant to section 871(b)(1) and only in respect of dividends and interest which are effectively connected with the conduct of a trade or business within the United States, or ``(B) in determining the tax imposed for the taxable year pursuant to section 877(b).'' (b) Clerical and Conforming Amendments.-- (1) The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 115 the following new item: ``Sec. 116. Partial exclusion of dividends and interest received by individuals.'' (2) Paragraph (2) of section 265(a) of such Code is amended by inserting before the period at the end thereof the following: ``, or to purchase or carry obligations or shares, or to make deposits, to the extent the interest thereon is excludable from gross income under section 116''. (3) Subsection (c) of section 584 of such Code is amended by adding at the end thereof the following new sentence: ``The proportionate share of each participant in the amount of dividends or interest received by the common trust fund and to which section 116 applies shall be considered for purposes of such section as having been received by such participant.'' (4) Subsection (a) of section 643 of such Code is amended by inserting after paragraph (6) the following new paragraph: ``(7) Dividends or interest.--There shall be included the amount of any dividends or interest excluded from gross income pursuant to section 116.'' (5) Section 854 of such Code is amended by adding at the end thereof the following new subsection: ``(c) Treatment Under Section 116.-- ``(1) In general.--For purposes of section 116, in the case of any dividend (other than a dividend described in subsection (a)) received from a regulated investment company which meets the requirements of section 852 for the taxable year in which it paid the dividend-- ``(A) the entire amount of such dividend shall be treated as a dividend if the aggregate dividends and interest received by such company during the taxable year equal or exceed 75 percent of its gross income, or ``(B) if subparagraph (A) does not apply, a portion of such dividend shall be treated as a dividend (and a portion of such dividend shall be treated as interest) based on the portion of the company's gross income which consists of aggregate dividends or aggregate interest, as the case may be. For purposes of the preceding sentence, gross income and aggregate interest received shall each be reduced by so much of the deduction allowable by section 163 for the taxable year as does not exceed aggregate interest received for the taxable year. ``(2) Notice to shareholders.--The amount of any distribution by a regulated investment company which may be taken into account as a dividend for purposes of the exclusion under section 116 shall not exceed the amount so designated by the company in a written notice to its shareholders mailed not later than 45 days after the close of its taxable year. ``(3) Definitions.--For purposes of this subsection-- ``(A) The term `gross income' does not include gain from the sale or other disposition of stock or securities. ``(B) The term `aggregate dividends received' includes only dividends received from domestic corporations other than dividends described in section 116(b)(2). In determining the amount of any dividend for purposes of this subparagraph, the rules provided in section 116(c)(1) (relating to certain distributions) shall apply.'' (6) Subsection (c) of section 857 of such Code is amended to read as follows: ``(c) Limitations Applicable to Dividends Received From Real Estate Investment Trusts.-- ``(1) In general.--For purposes of section 116 (relating to an exclusion for dividends and interest received by individuals) and section 243 (relating to deductions for dividends received by corporations), a dividend received from a real estate investment trust which meets the requirements of this part shall not be considered as a dividend. ``(2) Treatment as interest.--In the case of a dividend (other than a capital gain dividend, as defined in subsection (b)(3)(C)) received from a real estate investment trust which meets the requirements of this part for the taxable year in which it paid the dividend-- ``(A) such dividend shall be treated as interest if the aggregate interest received by the real estate investment trust for the taxable year equals or exceeds 75 percent of its gross income, or ``(B) if subparagraph (A) does not apply, the portion of such dividend which bears the same ratio to the amount of such dividend as the aggregate interest received bears to gross income shall be treated as interest. ``(3) Adjustments to gross income and aggregate interest received.--For purposes of paragraph (2)-- ``(A) gross income does not include the net capital gain, ``(B) gross income and aggregate interest received shall each be reduced by so much of the deduction allowable by section 163 for the taxable year (other than for interest on mortgages on real property owned by the real estate investment trust) as does not exceed aggregate interest received by the taxable year, and ``(C) gross income shall be reduced by the sum of the taxes imposed by paragraphs (4), (5), and (6) of section 857(b). ``(4) Notice to shareholders.--The amount of any distribution by a real estate investment trust which may be taken into account as interest for purposes of the exclusion under section 116 shall not exceed the amount so designated by the trust in a written notice to its shareholders mailed not later than 45 days after the close of its taxable year.'' (c) Effective Date.--The amendments made by this section shall apply with respect to taxable years beginning after December 31, 1992.

Summary: Amends the Internal Revenue Code to provide a partial exclusion of dividends or interest received by an individual.


SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Commonsense Reporting and Verification Act of 2015''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Prospective reporting system. Sec. 4. Protection of dependent privacy. Sec. 5. Electronic statements. Sec. 6. GAO studies. Sec. 7. Eligibility verification process for ACA subsidies. SEC. 2. FINDINGS. Congress finds the following: (1) The Department of the Treasury and the Internal Revenue Service should work together with other relevant departments and agencies to identify and implement methods to minimize compliance burdens on businesses, insurance carriers, and individuals under provisions of the Patient Protection and Affordable Care Act. (2) Such collaboration should strike an appropriate balance between sufficient reporting to enforce the law and protecting the privacy of individuals. SEC. 3. PROSPECTIVE REPORTING SYSTEM. (a) In General.--Not later than 180 days after the enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of Health and Human Services, the Secretary of Labor, and the Administrator of the Small Business Administration, shall implement a voluntary prospective reporting system meeting the requirements of subsection (b). Such system shall be established not later than September 2, 2016, and shall be available for use by employers with respect to plan years beginning after December 31, 2015. (b) Requirements.--The system created under subsection (a) shall be maintained by the Secretary of the Treasury and shall include-- (1) a process whereby employers may voluntarily report-- (A) the name and employer identification number of the employer; (B) a certification of-- (i) whether coverage meeting the definition of minimum essential coverage in section 5000A(f) of the Internal Revenue Code of 1986 is offered to the full-time employees; (ii) whether such coverage is offered to dependents of such employees; (iii) whether such coverage is offered to spouses of such employees; (iv) whether such coverage is offered to part-time employees; (v) whether such coverage meets the minimum value requirement of section 36B(c)(2)(C)(ii) of such Code; and (vi) whether such coverage satisfies the requirements to qualify for one of the affordability safe harbors promulgated by the Secretary of the Treasury for purposes of section 4980H of such Code; (C) the months during the prospective reporting period that such coverage is available to full time employees of the employer; and (D) whether any waiting periods apply with respect to such coverage; to be reported not later than 60 days before the start of the open enrollment period under section 1311(c)(6)(B) of the Patient Protection and Affordable Care Act with respect to each such calendar year; (2) a process to ensure that Exchanges, the Federal Marketplace Data Services Hub, and the Internal Revenue Service can securely and confidentially access the information described in paragraph (1) as necessary to carry out their respective missions, and to provide to the Secretary of Health and Human Services additional information relating to eligibility determinations for advance payment of the premium tax credits under section 36B of such Code and the cost-sharing subsidies under section 1402 of the Patient Protection and Affordable Care Act (Public Law 111-148); (3) a process to allow the appropriate agency described in subsection (a) to follow up with employers in order to obtain additional necessary information relating to an employee's eligibility for such advance payment or such cost-sharing subsidies, and to allow an employee to receive notification of any problem in verifying such eligibility; and (4) a process to allow employers using the system to provide timely updates to the Federal Marketplace Data Services Hub regarding any cancellation of coverage or significant change in availability of coverage for participating employees. (c) Exemption From Reporting Requirement Under Internal Revenue Code of 1986.--If, through the system created under subsection (a), an employer provides prospective reporting for a calendar year in which a plan year ends that meets the requirements of subsection (b)(1)-- (1) such employer shall be treated as satisfying the return requirements of subsections (a) and (b) of section 6056 of the Internal Revenue Code of 1986 for the calendar year in which such plan year ends; and (2) such employer shall be treated as satisfying the requirements of section 6056(c) of such Code for the calendar year in which such plan year ends if the employer furnishes the statement described in such section to the Internal Revenue Service and to those employees of the employer for whom the employer has received a notice under section 1411(e)(4)(B)(iii) of the Patient Protection and Affordable Care Act (42 U.S.C. 18081) from the Exchange (established under section 1311 or 1321 of the Patient Protection and Affordable Care Act (42 U.S.C. 18031, 18041)) that the employee, or the spouse or dependent of the employee, has enrolled in a qualified health plan (as defined in section 1301 of such Act (42 U.S.C. 18021)) through the Exchange or been deemed eligible for an advance payment of premium tax credits under section 36B of such Code or cost-sharing subsidies under section 1402 of the Patient Protection and Affordable Care Act (42 U.S.C. 18071). (d) Third-Party Filing.--Employers may use third parties to complete the filing described in subsection (b)(1). Use of such a third party to complete the filing does not affect an employer's liability under sections 6055 or 6056 of the Internal Revenue Code of 1986. (e) Employer Notification of Employee Enrollments.--Each Exchange established under title I of the Patient Protection and Affordable Care Act shall provide notice to each employer at the time an employee (or dependent of an employee) is enrolled under a qualified health plan through the Exchange. SEC. 4. PROTECTION OF DEPENDENT PRIVACY. (a) In General.--Section 6055(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(3) TINs not collected or maintained.--For purposes of subparagraph (B)(i), in the case of an individual other than the primary insured, if, before January 1, 2014, the health insurance issuer or the employer did not collect or maintain information on the TINs of such individuals (other than for purposes of this section), the individual's name and date of birth may be substituted for the name and TIN.''. (b) Effective Date.--The amendment made by this section shall apply to returns the due date for which is after the date that is 60 days after the date of the enactment of this Act. SEC. 5. ELECTRONIC STATEMENTS. (a) In General.--Section 6056(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(3) Electronic delivery.--An individual shall be deemed to have consented to receive the statement under this section in electronic form if such individual has consented at any prior time, to the person who is the employer of the individual during the calendar year or the preceding plan year to which the statement relates, to receive such statement in electronic form. The preceding sentence shall not apply if the individual refuses consent in writing with respect to the statement under this section.''. (b) Statements Relating to Health Insurance Coverage.--Section 6055(c) of such Code, as amended by this Act, is amended by adding at the end the following new paragraph: ``(4) Electronic delivery.--An individual shall be deemed to have consented to receive the statement under this subsection in electronic form if such individual has consented at any prior time to receive in electronic form any private health information (such as electronic health records) furnished to such individual by the person required to make such statement, unless the individual refuses such consent in writing.''. (c) Effective Date.--The amendments made by this section shall apply to statements the due date for which is after December 31, 2015. SEC. 6. GAO STUDIES. (a) Study of First Years of Employer Reporting.-- (1) In general.--The Comptroller General of the United States shall conduct a study that evaluates, with respect to the period beginning on January 1, 2014, and ending on December 31, 2016-- (A) the notification of employers by Exchanges established under title I of the Patient Protection and Affordable Care Act (Public Law 111-148) that a full- time employee of the employer has been determined eligible for advance payment of premium tax credits under section 36B of the Internal Revenue Code of 1986 or cost-sharing subsidies under section 1402 of such Act (42 U.S.C. 18071), including information regarding-- (i) the data elements included in the employer notification; (ii) the process by which the notification forms were developed and sent to employers, including whether the process provided for a formal notice and comment period; (iii) whether employers report that such notifications provided sufficient and relevant information for them to make appropriate decisions about whether to utilize the appeals process; (iv) the total number of notifications sent to employers and the timeline of when such notifications were sent; (v) differences in the notification process between the marketplace facilitated by the Federal Government and the State-Based Marketplaces; and (vi) challenges that have arisen in the notification process, and recommendations to address these challenges; and (B) the extent to which the Secretary of Health and Human Services has established a separate appeals process for employers who received such a notification to challenge the eligibility determination, as required by section 1411(f)(2) of the Patient Protection and Affordable Care Act (42 U.S..C. 18081(f)(2)). (2) Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to the Committees on Finance and Health, Education, Labor, and Pensions of the Senate and the Committees on Ways and Means, Energy and Commerce, and Education and the Workforce of the House of Representatives a report on the results of the study conducted under paragraph (1). (b) Study of Prospective Reporting System.-- (1) In general.--The Comptroller General of the United States shall conduct a study that evaluates, with respect to the period beginning on January 1, 2017, and ending on December 31, 2017, the functionality of the prospective reporting system established under section 3, including the accuracy of information collected, the number of employers electing to report under such system, and any challenges that have arisen in implementing such system. (2) Report.--Not later than July 1, 2018, the Comptroller General shall submit to the Committees on Finance and Health, Education, Labor, and Pensions of the Senate and the Committees on Ways and Means, Energy and Commerce, and Education and the Workforce of the House of Representatives a report on the results of the study conducted under paragraph (1). SEC. 7. ELIGIBILITY VERIFICATION PROCESS FOR ACA SUBSIDIES. (a) In General.--Except as specified in subsection (b), a marketplace (as defined in subsection (d)) may automatically reenroll an individual into a qualified health plan (as defined for purposes of title I of the Patient Protection and Affordable Care Act) so long as the marketplace-- (1) redetermines on an annual basis the eligibility of the individual for any advanced premium tax credit or a cost- sharing reduction pursuant to section 1412 of the Patient Protection and Affordable Care Act (42 U.S.C. 18082); and (2) takes into account, in making such redeterminations, annual changes in premiums and in the Federal poverty level as well as the most recent income data available with respect to the individual involved. (b) Reenrollment Limitations.--If a marketplace does not follow the processes specified under the section with respect to an individual, then the marketplace may not automatically reenroll the individual into a qualified health plan with an advanced premium tax credit or a cost- sharing reduction until the individual provides current income information to the marketplace so that eligibility for a credit or reduction can be redetermined. (c) Comprehensive Guidance Based on Current Guidance.--The provisions of this section are intended to generally reflect and be consistent with the guidance on annual eligibility redeterminations and reenrollments for marketplace coverage issued by the Centers for Medicare and Medicaid Services on April 22, 2015. In carrying out this section, the Secretary shall apply rules (whether through guidance or otherwise) regarding the annual eligibility redeterminations and reenrollments for coverage and for tax credits and cost-sharing reduction for individuals through a marketplace that are consistent with this section and are at least as comprehensive as the guidance (issued on April 22, 2015) applied for coverage for 2016. Such guidance shall include provisions that ensure that-- (1) enrollees eligible to be automatically reenrolled in a qualified health plan and to continue provision of such a tax credit or cost-sharing reduction shall maintain on file with the marketplace (or otherwise provide to the marketplace) an authorization for disclosure of information verifying eligibility for such a credit or cost-sharing reduction; (2) the marketplace annually requests updated income information to verify such eligibility; and (3) enrollees are provided timely and appropriate notices of the rules regarding annual redeterminations and reenrollments. (d) Marketplace Defined.--In this section, the term ``marketplace'' means State Based Exchanges and the Federally Facilitated Exchange established under sections 1311 and 1321 of the Patient Protection and Affordable Care Act (42 U.S.C. 18031, 18041), respectively.

Summary: Commonsense Reporting and Verification Act of 2015 This bill requires the Department of Treasury to implement and maintain a voluntary prospective reporting system for employers subject to the employer mandate under the Patient Protection and Affordable Care Act (PPACA). Employers satisfy the information return requirement if they voluntarily report general information about the health coverage offered to full-time employees. Employers satisfy the employee statement requirement if they provide statements to employees after receiving exchange notification that employee or spouse or dependent enrolled in a qualified health plan or qualified for premium tax credits or cost-sharing subsidies. The legislation amends the Internal Revenue Code to: (1) permit employers and health insurance issuers that provide minimum essential coverage to submit an information return with names and birth dates of covered dependents if the employer or health insurance issuer does not already collect or maintain their taxpayer identification numbers, and (2) permit electronic delivery of employee statement if employee consented previously to electronic delivery of other notices and does not refuse consent in writing. It directs the Government Accountability Office to: (1) evaluate the exchange notification and appeals processes for employers whose employee or spouse or dependent enrolls in a qualified health plan or qualifies for premium tax credits or cost-sharing subsidies, and (2) evaluate the prospective reporting system functionality. The legislation permits a health insurance exchange to automatically reenroll an individual into a qualified health plan after annually redetermining the individual's eligibility for premium tax credits or cost-sharing subsidies.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Education in Vocational Technology Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) rapid technological advances and global economic competition demand increased levels of skilled technical education by high school graduates and other young job seekers entering the workforce; (2) in order to increase the productivity of the Nation's economy and ensure that an adequate number of high school graduates and other workers are qualified to enter the high technology workplace of the future, it is necessary to improve the quality of instruction in manufacturing and other vocational technologies; and (3) technical education programs which use state-of-the-art equipment and appropriate technologies will help provide workers with the technical skills necessary for employment in a changing workplace. SEC. 3. PURPOSE. The purpose of this Act is to provide grants to States that-- (1) assist local educational agencies in improving the quality of instruction and training in, or developing instruction and training in, manufacturing and other vocational technologies; and (2) assist local educational agencies in purchasing state- of-the-art equipment for technical vocational education. SEC. 4. GRANTS FOR EDUCATION AND TRAINING. (a) Authorization.-- (1) In general.--The Secretary is authorized to make grants to the States to improve the quality of instruction or training in, or develop instruction and training in, manufacturing and other occupational technologies. (2) State application.--A State Board of Vocational Education that desires to receive a grant under this Act shall submit an application to the Secretary at such time and in such manner and form as the Secretary may reasonably require. (3) State costs.--Not more than 10 percent of a grant received under this section may be used by the State Board of Vocational Education for administrative costs. (b) Allocations.--Not less than 90 percent of the amount received by a State Board of Vocational Education shall be distributed to local educational agencies. (c) Local Funds.-- (1) Local application.--A local educational agency that desires to receive a grant under this section shall submit an application to the State Board of Vocational Education. (2) Distribution.--In approving grants under this section, the State Board of Vocational Education shall assure an equitable distribution among urban and rural areas of the State. (3) Administrative costs.--Not more than 5 percent of a grant made under this section to a local educational agency may be used for administrative costs. (d) Authorization of Appropriations.--There is authorized to be appropriated $100,000,000 for each of the fiscal years 1995 through 1999 to carry out this section. SEC. 5. GRANTS FOR EQUIPMENT. (a) Authorization.-- (1) In general.--The Secretary is authorized to make grants to the States to assist States in purchasing state-of-the-art equipment for technical vocational education. (2) State application.--A State Board of Vocational Education that desires to receive a grant under this Act shall submit an application to the Secretary at such time and in such manner and form as the Secretary may reasonably require. States that also are applying for a grant under section 4(a)(2), may amend such application to include programs under this section. (3) State costs.--Not more than 10 percent of a grant received under this section may be used by a State Board of Vocational Education for administrative costs. (b) Allocations.--Not less than 90 percent of the amount received by a State Board of Vocational Education shall be distributed to local educational agencies. (c) Local Funds.-- (1) Local application.--A local educational agency that desires to receive a grant under this section shall submit an application to the State Board of Vocational Education. (2) Distribution.--In approving grants under this section, the State Board of Vocational Education shall assure an equitable distribution among urban and rural areas of the State. (3) Administrative costs.--Not more than 5 percent of a grant made under this section to a local educational agency may be used for administrative costs. (d) Authorization of Appropriations.--There is authorized to be appropriated $100,000,000 for each of the fiscal years 1995 through 1999 to carry out this section. SEC. 6. DEFINITIONS. For purposes of this Act: (1) The term ``Secretary'' means the Secretary of Education. (2) The term ``local educational agency'' has the same meaning given such term in section 1471 of the Elementary and Secondary Education Act of 1965. (3) The term ``State Board of Vocational Education'' means the sole State agency responsible for the administration or the supervision of the State vocational education program as described in section 111(a) of the Carl D. Perkins Vocational and Applied Technology Education Act.

Summary: Education in Vocational Technology Act - Authorizes the Secretary of Education to make grants to States to assist local educational agencies in: (1) improving the quality of or developing instruction and training in manufacturing and other vocational technologies; and (2) purchasing state-of-the-art equipment for technical vocational education. Requires State Boards of Vocational Education to distribute at least 90 percent of such amounts to local education agencies, equitably among urban and rural areas. Authorizes appropriations.


SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Promoting Access to Medicare Midwifery Services Act of 2000''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Medicare payment for certified midwife services. Sec. 3. Increased medicare payments for certified nurse-midwife services and certified midwife services. Sec. 4. Clarification of hospital conditions of participation with respect to certified nurse-midwives and certified midwives. Sec. 5. Medicare payment for freestanding birth center services. Sec. 6. Clarification of billing rights of certified nurse-midwives and certified midwives. Sec. 7. Clarification regarding payments for certified nurse-midwife services and certified midwife services furnished in teaching hospitals. Sec. 8. Interim and final regulations. SEC. 2. MEDICARE PAYMENT FOR CERTIFIED MIDWIFE SERVICES. (a) Certified Midwife and Certified Midwife Services Defined.-- Section 1861(gg) of the Social Security Act (42 U.S.C. 1395x(gg)) is amended-- (1) in paragraph (1)-- (A) by striking ``(as defined in paragraph (2))'' and inserting ``(as defined in subparagraph (B))''; and (B) by inserting ``(A)'' after ``(1)''; (2) by redesignating paragraph (2) as subparagraph (B); and (3) by adding at the end the following new paragraph: ``(2)(A) The term `certified midwife services' means such services furnished by a certified midwife (as defined in subparagraph (B)) and such services and supplies furnished as an incident to the certified midwife's service which the certified midwife is legally authorized to perform under State law (or the State regulatory mechanism provided by State law) as would otherwise be payable under this title if furnished by a physician or as an incident to a physician's service. ``(B) The term `certified midwife' means an individual-- ``(i) with a bachelor's degree from an accredited educational institution who has completed a program of study and clinical experience meeting guidelines established by the Secretary of Education; or ``(ii) who has been certified in nurse-midwifery or midwifery by an organization recognized by the Secretary of Education.''. (b) Certified Midwife Benefit.-- (1) Scope of benefits.--Section 1832(a)(2)(B)(iii) of the Social Security Act (42 U.S.C. 1395k(a)(2)(B)(iii)) is amended by inserting ``, certified midwife services'' after ``certified nurse-midwife services''. (2) Payment of benefits.--Section 1833(a)(1)(K) of the Social Security Act (42 U.S.C. 1395l(a)(1)(K)) is amended by inserting ``and certified midwife services'' after ``certified nurse-midwife services''. (c) Conforming Amendments.-- (1) Use of carriers for administration of benefits.-- Section 1842(b)(18)(C)(iii) of the Social Security Act (42 U.S.C. 1395u(b)(18)(C)(iii)) is amended by striking ``(as defined in section 1861(gg)(2))'' and inserting ``or a certified midwife (as defined in paragraph (1)(B) and (2)(B), respectively, of section 1861(gg))''. (2) Health care professional defined.--Section 1852(j)(3)(D) of the Social Security Act (42 U.S.C. 1395w- 22(j)(3)(D)) is amended by striking ``and certified nurse- midwife'' and inserting ``certified nurse-midwife, and certified midwife''. (3) Inpatient hospital services.--Section 1861(b)(4) of the Social Security Act (42 U.S.C. 1395x(b)(4)) is amended by inserting ``, certified midwife services,'' after ``certified nurse-midwife services''. (4) Medical and other health services.--Section 1861(s)(2)(L) of the Social Security Act (42 U.S.C. 1395x(s)(2)(L)) is amended by inserting ``and certified midwife services'' before the semicolon at the end. (5) Rural health clinic services and federally qualified health clinic services.--Section 1861(aa) of the Social Security Act (42 U.S.C. 1395x(aa)) is amended-- (A) in paragraph (2)(J), by striking ``, or a certified nurse-midwife (as defined in subsection (gg))'' and inserting ``, a certified nurse-midwife (as defined in subsection (gg)(1)(B)), or a certified midwife (as defined in subsection (gg)(2)(B))''; and (B) in paragraph (7)(A), by striking ``or certified nurse midwife'' and inserting ``, certified nurse- midwife, or certified midwife''. (6) Certified nurse-midwife services.--The heading of section 1861(gg) of the Social Security Act (42 U.S.C. 1395x(gg)) is amended by adding at the end the following: ``; Certified Midwife Services''. (7) Exclusions from coverage and medicare as secondary payer.--Section 1862(a)(14) of the Social Security Act (42 U.S.C. 1395y(a)(14)) is amended by inserting ``, certified midwife services'' after ``certified nurse-midwife services''. (8) Agreements with providers of services.--Section 1866(a)(1)(H)(i) (42 U.S.C. 1395cc(a)(1)(H)(i)) is amended by inserting ``, certified midwife services'' after ``certified nurse-midwife services''. (9) Exclusion from payment to skilled nursing facilities for routine service costs.--Section 1888(e)(2)(A)(ii) of the Social Security Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended by inserting ``, certified midwife services'' after ``certified nurse-midwife services''. (10) Medicaid definitions.--Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended-- (A) in subsection (a)(17)-- (i) by striking ``a nurse-midwife (as defined in section 1861(gg)) which the nurse- midwife is'' and inserting ``a certified nurse- midwife or a certified midwife (as defined in paragraphs (1)(B) and (2)(B), respectively, of section 1861(gg)) which the certified nurse- midwife or certified midwife, as the case may be, is''; and (ii) by striking ``whether or not the nurse-midwife'' and inserting ``whether or not the certified nurse-midwife or certified midwife, as the case may be,''; and (B) in subsection (t)(2)(B)(ii), by striking ``(as defined in section 1861(gg))'' and inserting ``or a certified midwife (as defined in paragraphs (1)(B) and (2)(B), respectively, of section 1861(gg)(2)(B))''. (11) Medicaid managed care.--Section 1932(b)(3)(C) of the Social Security Act (42 U.S.C. 1396u-2(b)(3)(C)) is amended by striking ``and certified nurse-midwife'' and inserting ``certified nurse-midwife, and certified midwife''. (d) Effective Date.--The amendments made by this section shall apply to payment for certified nurse-midwife services and certified midwife services furnished on or after the date of enactment of this Act. SEC. 3. INCREASED MEDICARE PAYMENTS FOR CERTIFIED NURSE-MIDWIFE SERVICES AND CERTIFIED MIDWIFE SERVICES. (a) Amount of Payment.--Section 1833(a)(1)(K) of the Social Security Act (42 U.S.C. 1395l(a)(1)(K)) is amended by striking ``65 percent of the prevailing charge that would be allowed for the same service performed by a physician, or, for services furnished on or after January 1, 1992, 65 percent'' and inserting ``95 percent''. (b) Effective Date.--The amendments made by subsection (a) shall apply to certified nurse-midwife services and certified midwife services furnished on or after the date of enactment of this Act. SEC. 4. CLARIFICATION OF HOSPITAL CONDITIONS OF PARTICIPATION WITH RESPECT TO CERTIFIED NURSE-MIDWIVES AND CERTIFIED MIDWIVES. (a) Payment to Hospital for Patients Under Care of Certified Nurse- Midwife or Certified Midwife.--Section 1861(e)(4) of the Social Security Act (42 U.S.C. 1395x(e)(4)) is amended to read as follows: ``(4) has a requirement that every patient with respect to whom payment may be made under this title must be under the care of a physician, except that-- ``(A) a patient receiving qualified psychologist services (as defined in subsection (B)) may be under the care of a clinical psychologist with respect to such services to the extent permitted under State law; and ``(B) a patient receiving certified nurse-midwife services or certified midwife services (as defined in paragraphs (1)(B) and (2)(B), respectively, of subsection (gg)) may be under the care of a certified nurse-midwife or certified midwife, as the case may be, with respect to such services to the extent permitted under State law;''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of enactment of this Act. SEC. 5. MEDICARE PAYMENT FOR FREESTANDING BIRTH CENTER SERVICES. (a) Freestanding Birth Center Services and Freestanding Birth Center Defined.--Section 1861(gg) of the Social Security Act (42 U.S.C. 1395x(gg)) (as amended by section 2(a)) is amended by adding at the end the following new paragraph: ``(3)(A) The term `freestanding birth center services' means items and services furnished by a freestanding birth center (as defined in subparagraph (B)) as would otherwise be covered if furnished by a hospital. ``(B)(i) The term `freestanding birth center' means a facility or institution-- ``(I) in which births are planned to occur (outside the mother's place of residence); ``(II) in which comprehensive health care services are furnished; and ``(III) which has been approved by the Secretary or accredited by an organization recognized by the Secretary for purposes of accrediting freestanding birth centers. ``(ii) Such term does not include-- ``(I) a rural health clinic, critical access hospital, or a sole community hospital; or ``(II) a facility or institution that is a hospital or an ambulatory surgical center, unless with respect to ambulatory surgical centers, the State law or regulation that regulates such centers also regulates freestanding birth centers in the State.''. (b) Freestanding Birth Center Benefit.-- (1) Scope of benefits.--Section 1832(a)(2) of the Social Security Act (42 U.S.C. 1395l(a)(2)) is amended-- (A) in subparagraph (I), by striking ``and'' at the end; (B) in subparagraph (J), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(K) freestanding birth center services performed in a freestanding birth center if the center has an agreement in effect with the Secretary by which the center agrees to accept the amount of payment determined under section 1833(u) as full payment for such services, and to accept assignment described in section 1842(b)(3)(B)(ii) with respect to payment for all such services furnished by the center to individuals enrolled under this part.''. (2) Payment of benefits.--Section 1833 of the Social Security Act (42 U.S.C. 1395l) is amended by adding at the end the following new subsection: ``(u) Payment for Freestanding Birth Center Services.--The Secretary shall establish by regulation the amount of payment to be made for facility services furnished in connection with freestanding birth center services and furnished to an individual in a freestanding birth center under this title.''. (c) Conforming Amendments.-- (1) Medical and other health services.--Section 1861(s)(2)(L) of the Social Security Act (42 U.S.C. 1395x(s)(2)(L)) is amended-- (A) by adding ``and'' at the end; (B) by inserting ``(i)'' after ``(L)''; and (C) by adding at the end the following new clause: ``(ii) freestanding birth center services;''. (2) Certified nurse-midwife services; certified midwife services.--The heading of section 1861(gg) of the Social Security Act (42 U.S.C. 1395x(gg)) (as amended by section 2(c)(6)) is amended by adding at the end the following: ``; Freestanding Birth Center Services''. (d) Effective Date.--The amendments made by this section shall apply to freestanding birth center services furnished on or after the date of enactment of this Act. SEC. 6. CLARIFICATION OF BILLING RIGHTS OF CERTIFIED NURSE-MIDWIVES AND CERTIFIED MIDWIVES. (a) Use of Carriers for Administration of Benefits.--The first sentence of section 1842(b)(6) of the Social Security Act (42 U.S.C. 1395u(b)(6)) is amended-- (1) by striking ``and'' before ``(F)''; and (2) by inserting before the period at the end the following: ``, and (G) in the case of certified nurse-midwife services or certified midwife services described in section 1861(s)(2)(L), payment may be made in accordance with subparagraph (A), except that payment may also be made to such individual or entity (or to the agent of such individual or entity) as the certified nurse-midwife or certified midwife, as the case may be, may designate under an agreement between the certified nurse-midwife or certified midwife, as the case may be, and such individual or entity (or the agent of such individual or entity)''. (b) Effective Date.--The amendment made by subsection (a) shall apply to payment for certified nurse-midwife services and certified midwife services furnished on or after the date of enactment of this Act. SEC. 7. CLARIFICATION REGARDING PAYMENTS FOR CERTIFIED NURSE-MIDWIFE SERVICES AND CERTIFIED MIDWIFE SERVICES FURNISHED IN TEACHING HOSPITALS. (a) Scope of Benefits.--Section 1832(a)(2)(B)(iii) of the Social Security Act (42 U.S.C. 1395k(a)(2)(B)(iii)) is amended-- (1) by inserting ``(I)'' after ``(iii)''; and (2) by adding at the end the following new subclause: ``(II) in the case of certified nurse- midwife services or certified midwife services furnished in a hospital which has a teaching program described in clause (i)(II), such services may be furnished as provided under sections 1842(b)(7)(E) and 1861(b)(8);''. (b) Clarification Regarding Payments Under Part B for Such Services Furnished in Teaching Hospitals.-- (1) In general.--Section 1842(b)(7) of the Social Security Act (42 U.S.C. 1395u(b)(7)) is amended-- (A) in subparagraph (A), in the matter preceding clause (i), by inserting ``or, for purposes of subparagraph (E), the conditions described in section 1861(b)(8),'' after ``section 1861(b)(7),''; (B) in subparagraph (C), by inserting ``or, for purposes of subparagraph (E), the conditions described in section 1861(b)(8),'' after ``section 1861(b)(7),''; and (C) by adding at the end the following new subparagraph: ``(E) In the case of certified nurse-midwife services or certified midwife services furnished to a patient in a hospital with a teaching program approved as specified in section 1861(b)(6) but which does not meet the conditions described in section 1861(b)(8), the provisions of subparagraphs (A) through (C) shall apply with respect to a certified nurse-midwife or a certified midwife, as the case may be, under this subparagraph as such provisions apply to a physician under such subparagraphs.''. (2) Regulations.--Not later than 6 months after the date of enactment of this Act, the Secretary shall promulgate regulations to carry out the amendments made by paragraph (1). (c) Inpatient Hospital Services.--Section 1861(b) of the Social Security Act (42 U.S.C. 1395x(b)) is amended-- (1) in paragraph (6)-- (A) by inserting ``(A)'' after ``(6)''; and (B) by adding at the end the following new subparagraph: ``(B) in the case of services in a hospital or osteopathic hospital, an intern or resident-in-training in the field of obstetrics and gynecology taught or supervised by a certified nurse-midwife or certified midwife (as defined in paragraphs (1)(B) and (2)(B), respectively, of subsection (gg)) to the extent permitted under State law and as may be authorized by the hospital;''; (2) in paragraph (7), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following new paragraph: ``(8) a certified nurse-midwife or a certified midwife where the hospital has a teaching program approved as specified in paragraph (6), if-- ``(A) the hospital elects to receive any payment due under this title for reasonable costs of such services; and ``(B) all certified nurse-midwives and certified midwives in such hospital agree not to bill charges for professional services rendered in such hospital to individuals covered under the insurance program established by this title.''. SEC. 8. INTERIM AND FINAL REGULATIONS. Except with respect to the amendments made by section 7(b), in order to carry out the amendments made by this Act in a timely manner, the Secretary of Health and Human Services may first promulgate regulations that take effect on an interim basis after notice and pending opportunity for public comment by not later than 1 year after the date of enactment of this Act.

Summary: Increases Medicare payments for certified nurse-midwife and certified midwife services. Amends SSA with regard to: (1) hospital conditions of participation with respect to certified nurse-midwives and certified midwives; (2) billing rights of such practitioners; and (3) payments for the services of such practitioners furnished in teaching hospitals.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Civil Justice Tax Fairness Act of 2013''. SEC. 2. EXCLUSION FROM GROSS INCOME FOR AMOUNTS RECEIVED ON ACCOUNT OF CERTAIN UNLAWFUL DISCRIMINATION. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by inserting before section 140 the following new section: ``SEC. 139E. AMOUNTS RECEIVED ON ACCOUNT OF CERTAIN UNLAWFUL DISCRIMINATION. ``(a) In General.-- ``(1) Exclusion.--Gross income does not include amounts received by a claimant (whether by judgment or settlement and whether as lump sums or periodic payments) on account of a claim of unlawful discrimination. ``(2) Amounts covered.--For purposes of paragraph (1), the term `amounts' does not include-- ``(A) backpay or frontpay, as defined in section 1302(b), or ``(B) punitive damages. ``(b) Unlawful Discrimination Defined.--For purposes of this section, the term `unlawful discrimination' has the meaning given such term by section 62(e).''. (b) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting before the item relating to section 140 the following new item: ``Sec. 139E. Amounts received on account of certain unlawful discrimination.''. (c) Effective Date.--The amendments made by this section shall apply to amounts received in taxable years beginning after December 31, 2012. SEC. 3. LIMITATION ON TAX BASED ON INCOME AVERAGING FOR BACKPAY AND FRONTPAY RECEIVED ON ACCOUNT OF CERTAIN UNLAWFUL EMPLOYMENT DISCRIMINATION. (a) In General.--Part I of subchapter Q of chapter 1 of the Internal Revenue Code of 1986 (relating to income averaging) is amended by adding at the end the following new section: ``SEC. 1302. INCOME FROM BACKPAY AND FRONTPAY RECEIVED ON ACCOUNT OF CERTAIN UNLAWFUL EMPLOYMENT DISCRIMINATION. ``(a) General Rule.--If employment discrimination backpay or frontpay is received by a taxpayer during a taxable year, the tax imposed by this chapter for such taxable year shall not exceed the sum of-- ``(1) the tax which would be so imposed if-- ``(A) no amount of such backpay or frontpay were included in gross income for such year, and ``(B) no deduction were allowed for such year for expenses (otherwise allowable as a deduction to the taxpayer for such year) in connection with making or prosecuting any claim of unlawful employment discrimination by or on behalf of the taxpayer, plus ``(2) the product of-- ``(A) the number of years in the backpay period and frontpay period, and ``(B) the amount by which the tax determined under paragraph (1) would increase if the amount on which such tax is determined were increased by the average annual net backpay and frontpay amount. ``(b) Definitions.--For purposes of this section-- ``(1) Employment discrimination backpay or frontpay.--The term `employment discrimination backpay or frontpay' means backpay or frontpay receivable (whether as lump sums or periodic payments) on account of a claim of unlawful employment discrimination. ``(2) Unlawful employment discrimination.--The term `unlawful employment discrimination' has the meaning provided the term `unlawful discrimination' in section 62(e). ``(3) Backpay and frontpay.--The terms `backpay' and `frontpay' mean amounts-- ``(A) which are includible in gross income in the taxable year as compensation which is attributable-- ``(i) in the case of backpay, to services performed, or that would have been performed but for a claimed violation of law, as an employee, former employee, or prospective employee before such taxable year for the taxpayer's employer, former employer, or prospective employer, and ``(ii) in the case of frontpay, to employment that would have been performed but for a claimed violation of law, in a taxable year or taxable years following the taxable year, and ``(B) which are received on account of a judgment or settlement resulting from a claim for a violation of law. ``(4) Backpay period.--The term `backpay period' means the period during which services are performed (or would have been performed) to which backpay is attributable. If such period is not equal to a whole number of taxable years, such period shall be increased to the next highest number of whole taxable years. ``(5) Frontpay period.--The term `frontpay period' means the period of foregone employment to which frontpay is attributable. If such period is not equal to a whole number of taxable years, such period shall be increased to the next highest number of whole taxable years. ``(6) Average annual net backpay and frontpay amount.--The term `average annual net backpay and frontpay amount' means the amount equal to-- ``(A) the excess of-- ``(i) employment discrimination backpay and frontpay, over ``(ii) the amount of deductions that would have been allowable but for subsection (a)(1)(B), divided by ``(B) the number of years in the backpay period and frontpay period.''. (b) Clerical Amendment.--The table of sections for part I of subchapter Q of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 1301 the following new item: ``Sec. 1302. Income from backpay and frontpay received on account of certain unlawful employment discrimination.''. (c) Effective Date.--The amendments made by this section shall apply to amounts received in taxable years beginning after December 31, 2012. SEC. 4. INCOME AVERAGING FOR BACKPAY AND FRONTPAY RECEIVED ON ACCOUNT OF CERTAIN UNLAWFUL EMPLOYMENT DISCRIMINATION NOT TO INCREASE ALTERNATIVE MINIMUM TAX LIABILITY. (a) In General.--Section 55(c) of the Internal Revenue Code of 1986 (defining regular tax) is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following: ``(3) Coordination with income averaging for amounts received on account of employment discrimination.--Solely for purposes of this section, section 1302 (relating to averaging of income from backpay or frontpay received on account of certain unlawful employment discrimination) shall not apply in computing the regular tax.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2012.

Summary: Civil Justice Tax Fairness Act of 2013 - Amends the Internal Revenue Code to allow: (1) an exclusion from gross income for amounts received (whether by judgment or settlement, as lump sums or periodic payments) on account of a claim of unlawful discrimination; (2) income averaging for backpay and frontpay amounts received from such claims; and (3) an exemption from the alternative minimum tax (AMT) for any tax benefit resulting from the income averaging of amounts received from an unlawful discrimination claim.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Justice and Understanding By International Loan Elimination and Equity Act of 2004'' or the ``JUBILEE Act of 2004''. SEC. 2. FINDINGS. The Congress finds the following: (1) Many poor countries have been struggling under the burden of international debts for many years. (2) Many poor countries have debts that are odious because they were incurred by dictatorships that did not use the funds in ways that benefitted the population of the country. (3) The international Jubilee coalitions have been working to raise awareness of the needs of these impoverished countries for full debt cancellation. (4) The International Monetary Fund (IMF) has imposed onerous structural adjustment requirements on many poor countries as a condition of past loans and of participation in debt relief programs. (5) Justice requires that these countries receive full cancellation of their debts. SEC. 3. CANCELLATION OF DEBT OWED BY ELIGIBLE POOR COUNTRIES. Title XVI of the International Financial Institutions Act (22 U.S.C. 262p-262p-8) is amended by adding at the end the following: ``SEC. 1626. CANCELLATION OF DEBT OWED BY ELIGIBLE POOR COUNTRIES. ``(a) In General.-- ``(1) Cancellation of debt.--In order to achieve multilateral debt cancellation and promote human and economic development and poverty alleviation in eligible poor countries, the Secretary of the Treasury shall commence immediate efforts, within the Paris Club of Official Creditors, the International Monetary Fund (IMF), the International Bank for Reconstruction and Development (World Bank), and the other international financial institutions (as defined in section 1701(c)(2)), to accomplish the following: ``(A) Each international financial institution shall cancel all debts owed to the institution by eligible poor countries. To the extent possible, each institution shall finance the debt cancellation from their ongoing operations, procedures, and accounts. ``(B) Any waiting period before receiving debt cancellation shall not exceed 1 month from the date of an eligible poor country's application for debt cancellation. ``(C) The government of each eligible poor country shall be encouraged to allocate at least 20 percent of its national budget, including the savings from the cancellation of debt, for the provision of basic health care services, education services, and clean water services to individuals in the country. In providing such services, the government should seek input from a broad cross-section of members of civil society. ``(2) Establishment of framework for creditor transparency.--In order to ensure that creditor activity is known and assessed by all stakeholders, the Secretary of the Treasury shall commence immediate efforts, within the Paris Club of Official Creditors, the International Monetary Fund (IMF), the International Bank for Reconstruction and Development (World Bank), and the other international financial institutions (as so defined), to ensure that each of such institutions-- ``(A) continues to make efforts to promote greater transparency regarding the activities of the institution, including project design, project monitoring and evaluation, project implementation, resource allocation, and decisionmaking; and ``(B) supports continued efforts to allow informed participation and input by affected communities, including translation of information on proposed projects, provision of information through information technology application, oral briefings, and outreach to and dialogue with community organizations and institutions in affected areas. ``(3) Availability on treasury department website of remarks of united states executive directors at meetings of international financial institutions' boards of directors.--The Secretary of the Treasury shall make available on the website of the Department of the Treasury the full record of the remarks of the United States Executive Director at meetings of the Board of Directors of the International Monetary Fund (IMF), the International Bank for Reconstruction and Development (World Bank), and the other international financial institutions (as so defined), about cancellation or reduction of debts owed to the institution involved, with redaction by the Secretary of the Treasury of material deemed too sensitive for public distribution, but showing the topic, amount of material redacted, and reason for the redaction. ``(4) Report from the comptroller general.--Within 1 year after the date of the enactment of this section, the Comptroller General of the United States shall prepare and submit to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report on the availability of the ongoing operations, procedures, and accounts of the International Monetary Fund (IMF), the International Bank for Reconstruction and Development (World Bank), and the other international financial institutions (as so defined) for canceling the debt of eligible poor countries. ``(5) Annual reports from the president.--Not later than December 31 of each year, the President shall submit to the Committees on Financial Services and on International Relations of the House of Representatives and the Committees on Foreign Relations and on Banking, Housing, and Urban Affairs of the Senate a report, which shall be made available to the public, on the activities undertaken under this section, and other progress made in accomplishing the purposes of this section, for the prior fiscal year. The report shall include a list of the countries that have received debt cancellation, a list of the countries whose request for such debt cancellation has been denied and the reasons therefor, and a list of the countries whose requests for such debt cancellation are under consideration. ``(b) Promotion of Equitable Burden Sharing.--In order to promote equitable burden sharing by bilateral, multilateral, and private creditors, the Secretary of the Treasury shall commence immediate efforts to ensure that such creditors draw upon their own resources to finance debt reduction to the extent possible without diverting funds from other high-priority poverty alleviation programs. ``(c) Eligible Poor Country Defined.--In this section, the term `eligible poor country' means Angola, Bangladesh, Benin, Bolivia, Botswana, Burkina Faso, Burundi, Cambodia, Cameroon, Central African Republic, Chad, Cote d'Ivoire, Democratic Republic of Congo, Ethiopia, Gambia, Ghana, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Jamaica, Kenya, Lao PDR, Liberia, Madagascar, Malawi, Mali, Mauritania, Morocco, Mozambique, Namibia, Nepal, Nicaragua, Niger, Nigeria, Peru, Philippines, Republic of Congo, Rwanda, Sao Tome and Principe, Senegal, Sierra Leone, South Africa, Tanzania, Togo, Uganda, Vietnam, Yemen, and Zambia, but not if-- ``(1) the government of the country has an excessive level of military expenditures; ``(2) the government of the country has repeatedly provided support for acts of international terrorism, as determined by the Secretary of State under section 6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)), or section 620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)); ``(3) the government of the country is failing to cooperate on international narcotics control matters; ``(4) the government of the country (including its military or other security forces) engages in a consistent pattern of gross violations of internationally recognized human rights; or ``(5) in the case of Haiti, the government of the country has not been elected through free and fair elections.''. SEC. 4. PROHIBITION OF STRUCTURAL ADJUSTMENT PROGRAMS. Title XVI of the International Financial Institutions Act (22 U.S.C. 262p-262p-8) is further amended by adding at the end the following: ``SEC. 1627. PROHIBITION OF STRUCTURAL ADJUSTMENT PROGRAMS. ``(a) Prohibition of Structural Adjustment Conditions.--In order to promote human and economic development and poverty alleviation in eligible poor countries (as defined in section 1626(c)), the Secretary of the Treasury shall commence immediate efforts within the Paris Club of Official Creditors, as well as the International Monetary Fund (IMF), the International Bank for Reconstruction and Development (World Bank), and the other international financial institutions (as defined in section 1701(c)(2)), to ensure that the provision of debt cancellation to the countries is not conditioned on any agreement by such a country to implement or comply with policies that deepen poverty or degrade the environment, including any policy that-- ``(1) implements or extends user fees on primary education or primary health care, including prevention and treatment efforts for HIV/AIDS, tuberculosis, malaria, and infant, child, and maternal well-being; ``(2) provides for increased cost recovery from poor people to finance basic public services such as education, health care, or sanitation; ``(3) would have the effect of increasing the cost to consumers with incomes of less than $2 per day for access to clean drinking water through-- ``(A) decreased public subsidy for water supply, treatment, disposal, distribution, or management; ``(B) reduced intrasectoral or intersectoral subsidization of residential water consumers with incomes of less than $2 per day; ``(C) reduced government ability to regulate; or ``(D) mandated privatization of water; or ``(4) undermines workers' ability to exercise effectively their internationally recognized worker rights, as defined under section 526(e) of the Foreign Operations, Export Financing and Related Programs Appropriations Act, 1995 (22 U.S.C. 262p-4p). ``(b) Annual Reports to the Congress.--Not later than December 31 of each year, the President shall submit to the Committees on Financial Services and on International Relations of the House of Representatives and the Committees on Foreign Relations and on Banking, Housing, and Urban Affairs of the Senate a report, which shall be made available to the public, on the activities undertaken under this section, and other progress made in accomplishing the purposes of this section, for the prior fiscal year.''.

Summary: Justice and Understanding By International Loan Elimination and Equity (JUBILEE) Act of 2004 - Amends the International Financial Institutions Act to require the Secretary of the Treasury to commence immediate efforts, within the Paris Club of Official Creditors, the International Monetary Fund (IMF), the International Bank for Reconstruction and Development (World Bank), and other international financial institutions (multilateral development institutions (MDI's)) to accomplish: (1) the cancellation of all debts owed to each institution by specified eligible poor countries, and the financing of such debt cancellation from the institution's ongoing operations, procedures, and accounts; (2) the limitation of any waiting period before receipt of debt cancellation to one month from the date of an eligible poor country's application for it; and (3) encouragement of the government of each eligible poor country to allocate at least 20 percent of its national budget, including the savings from such debt cancellation, for the provision of basic health care services, education services, and clean water services to individuals in the country. Sets forth requirements for: (1) establishment of a framework to ensure transparency regarding each international financial institution's activities; and (2) availability on the Treasury Department's website of U.S. Executive Directors' remarks at meetings of international financial institutions' Boards of Directors. Requires the Secretary to commence immediate efforts, within the Paris Club, the IMF, and other appropriate MDI's, to ensure that the provision of debt cancellation to such countries is not conditioned on any agreement by such a country to implement or comply with specified policies that deepen poverty or degrade the environment.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Service Overseas Pay Equity Act of 2008''. SEC. 2. OVERSEAS COMPARABILITY PAY ADJUSTMENT. (a) Overseas Comparability Pay Adjustment.-- (1) In general.--Chapter 4 of the Foreign Service Act of 1980 (22 U.S.C. 3961 et seq.) is amended by adding at the end the following: ``SEC. 415. OVERSEAS COMPARABILITY PAY ADJUSTMENT. ``(a) In General.--A member of the Service who is designated class 1 or below for purposes of section 403 and whose official duty station is not in the continental United States or in a nonforeign area shall receive, in accordance with the phase-in schedule set forth in subsection (c), the same locality-based comparability payment under section 5304 of title 5, United States Code (stated as a percentage) as would be payable to such member if such member's official duty station were in the District of Columbia. ``(b) Treatment as Basic Pay.--The amount of any locality-based comparability payment which is payable to a member of the Service under this section-- ``(1) shall be considered a part of the basic pay of such member for the purposes described in-- ``(A) section 5304(c)(2)(A) of title 5, United States Code; and ``(B) chapter 8 of this Act; and ``(2) shall be subject to any limitations on pay applicable to locality-based comparability payments under section 5304 of such title. ``(c) Phase-In.--The locality-based comparability payment payable to a member of the Service under this section shall be equal to-- ``(1) 33.33 percent of the payment which would otherwise apply under subsection (a) during the period beginning on the first day of the first pay period beginning on or after the earlier of April 1, 2009, or the date on which appropriations for fiscal year 2009 are made available pursuant to the enactment of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2009, and ending on the last day of the last pay period in fiscal year 2009; ``(2) 66.67 percent of the payment which would otherwise apply under subsection (a) during the period beginning on the first day of the first pay period in fiscal year 2010 and ending on the last day of the last pay period in fiscal year 2010; and ``(3) 100 percent of the payment determined under subsection (a), beginning on the first day of the first pay period in fiscal year 2011. ``(d) Nonforeign Area Defined.--As used in this section, the term `nonforeign area' means 1 of the areas listed in section 591.205 of title 5, Code of Federal Regulations.''. (2) Conforming amendment.--The table of contents under section 2 of the Foreign Service Act of 1980 is amended by inserting after the item relating to section 414 the following: ``Sec. 415. Overseas comparability pay adjustment.''. (b) Conforming Amendments Relating to the Foreign Service Retirement Systems.-- (1) Contributions to the fund.-- (A) In general.--Section 805(a) of the Foreign Service Act of 1980 (22 U.S.C. 4045(a)) is amended-- (i) in paragraph (1)-- (I) by striking ``7.25 percent'' and inserting ``7 percent''; and (II) by striking ``The contribution by the employing agency'' and all that follows through ``and shall be made'' and inserting ``An equal amount shall be contributed by the employing agency''; (ii) in paragraph (2)-- (I) in subparagraph (A), by striking ``, plus an amount equal to .25 percent of basic pay''; and (II) in subparagraph (B), by striking ``, plus an amount equal to .25 percent of basic pay''; and (iii) in paragraph (3), by striking ``, plus .25 percent''. (B) Effective date.--The amendments made by subparagraph (A) shall take effect on the first day of the first pay period beginning on or after October 1, 2010. (2) Computation of annuities.--Section 806(a)(9) of the Foreign Service Act of 1980 (22 U.S.C. 4046(a)(9)) is amended by striking ``is outside the continental United States shall'' and inserting ``was outside the continental United States during the period beginning on December 29, 2002, and ending on the day before the first day of the first pay period beginning on or after October 1, 2010 (or during any portion of such period) shall, to the extent that such computation is based on the basic salary or basic pay of such member for such period (or portion of such period),''. (3) Entitlement to annuity.--Section 855(a)(3) of the Foreign Service Act of 1980 (22 U.S.C. 4071d(a)(3)) is amended-- (A) by striking ``section 8414'' and inserting ``section 8415''; and (B) by striking ``is outside the continental United States shall'' and inserting ``was outside the continental United States during the period beginning on December 29, 2002, and ending on the day before the first day of the first pay period beginning on or after October 1, 2010 (or during any portion of such period) shall, to the extent that such computation is based on the basic salary or basic pay of such member for such period (or portion of such period),''. (4) Deductions and withholdings from pay.--Section 856(a)(2) of such Act (22 U.S.C. 4071e(a)(2)) is amended to read as follows: ``(2) The applicable percentage under this subsection shall be as follows: ``Percentage Time Period 7.5 Before January 1, 1999. 7.75 January 1, 1999, to December 31, 1999. 7.9 January 1, 2000, to December 31, 2000. 7.55 January 11, 2003, to the day before the first day of the first pay period beginning on or after October 1, 2010. 7.5 Beginning on the first day of the first pay period beginning on or after October 1, 2010.''. (c) Reporting Requirement.--Not later than October 1, 2010, the Secretary of State shall submit a report to the Committee on Foreign Relations of the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Oversight and Government Reform of the House of Representatives that includes-- (1) an assessment of all allowances provided to members of the Foreign Service under the Foreign Service Act of 1980 or under title 5, United States Code; and (2) an explanation of how such allowances have been or will be affected by the amendments to the Foreign Service Act of 1980 made under this Act. SEC. 3. DEATH GRATUITY. Section 413(a) of the Foreign Service Act of 1980 (22 U.S.C. 3973(a)) is amended by striking ``at the time of death'' and inserting ``at level II of the Executive Schedule under section 5313 of title 5, United States Code, at the time of death. If the deceased employee was compensated under a local compensation plan established under section 408, the amount of such gratuity shall be equal to the greater of 1 year's salary at the time of death or 1 year's salary at the highest step of the highest grade on the local compensation plan from which the employee was being paid at the time of death''.

Summary: Foreign Service Overseas Pay Equity Act of 2008 - Amends the Foreign Service Act of 1980 to: (1) extend comparability pay adjustments to Foreign Service members assigned abroad; and (2) amend the death gratuity computation payable to surviving dependents of Foreign Service employees who die from injuries sustained in the performance of duty abroad.