SECTION 1. SHORT TITLE. This Act may be cited as the ``Mine Safety and Health Act of 2006''. SEC. 2. IMPROVED MANDATORY HEALTH AND SAFETY STANDARDS. Section 101 of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 811) is amended by adding at the end the following: ``(f) Establishing Improved Mandatory Health and Safety Standards.--Notwithstanding any other provision of this section regarding the promulgation of mandatory health and safety standards, and in addition to the requirements of any mandatory safety and health standard promulgated under this Act, the following shall be mandatory health and safety standards that apply to all coal or other mines: ``(1) Oxygen stations.--An operator shall strategically locate, within each area of an underground coal or other mine where miners are working, not less than 1 oxygen station that can provide the average number of miners expected to be working in such area with not less than a 4-day supply of oxygen. ``(2) Wireless emergency tracking devices.--An operator shall make available to each miner a wireless emergency tracking device that will enable rescuers to locate the miner in the event of an accident or emergency. ``(3) Wireless communications devices.--An operator shall require that each miner working in an underground coal or other mine carry a wireless text messaging or other wireless communications device that will enable rescuers or mine operators to communicate with the miner. ``(4) Communications among rescue workers.--In the event of a rescue operation, the operator of a coal or other mine shall ensure that communications relating to the rescue are transmitted only to the individuals participating in the rescue operation. ``(5) Secondary telephone service.--For each area within an underground coal or other mine where a miner is working, an operator shall provide secondary telephone service, or equivalent 2-way communication facilities, between the surface and the underground mine at an entry separate from the location of existing telephone service or equivalent facilities, in order to increase the likelihood of maintaining communications between the miner and surface or rescue personnel in the event of an accident or emergency.''. SEC. 3. REPORTS, PLAN REVIEWS, AND CITATIONS. (a) Accident Investigations and Internal Reviews.--Section 103 of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 813) is amended-- (1) in subsection (a), by adding at the end the following: ``In the case of an investigation of an accident or other occurrence relating to health or safety in a coal or other mine, the Secretary, or the authorized representative of the Secretary, shall conduct interviews of the miners regarding the accident or occurrence without having a representative of the operator present.''; and (2) in subsection (b), by adding at the end the following: ``The Secretary shall promulgate regulations establishing rules for conducting an investigation of any accident relating to health or safety in a coal or other mine and for holding hearings relating to such investigation. Not later than 30 days after completing such investigation or a review regarding the Administration's response to such accident, the Secretary shall submit the report regarding the investigation or review to the Committee on Appropriations and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Appropriations and the Committee on Education and the Workforce of the House of Representatives.''. (b) Quarterly Review of Certain Plans.--Section 103 of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 813) is amended by adding at the end the following: ``(l) Quarterly Review.--Notwithstanding any mandatory safety and health standard promulgated under this Act, the Secretary or the Secretary's authorized representative shall review the ventilation system and methane and dust control plan and the roof control plan of an operator at least once every 3 months.''. (c) Progress Check.--Section 104(a) of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 814(a)) is amended by adding after the third sentence the following: ``Not later than 24 hours after an operator has received a citation under this subsection, an authorized representative of the Secretary shall contact the operator to ensure that the operator is taking steps to abate the violation in the reasonable time specified in the citation.''. SEC. 4. EMERGENCY CALL CENTER. Section 104 of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 814) is amended by adding at the end the following: ``(l) Emergency Call Center.-- ``(1) In general.--The Secretary shall establish, within the Administration, a central communications emergency call center for all coal and other mine operations that shall be staffed and operated 24 hours a day, 7 days a week. All calls placed to the emergency call center shall be answered by an individual. ``(2) Contact list.--To assist in the operation of the emergency call center, the Secretary shall provide the emergency call center with an emergency contact list that contains the contact information for all coal or other mines subject to this Act and shall update the contact list on a quarterly basis.''. SEC. 5. PENALTIES. (a) Increased Penalties and User Fees.--Section 110 of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 820) is amended-- (1) in subsection (a)-- (A) in the first sentence, by inserting before the period ``, except that a flagrant violation may be assessed a civil penalty of not more than $500,000''; (B) in the second sentence, by inserting ``, other than a flagrant violation,'' after ``safety standard''; and (C) by adding at the end the following: ``In this subsection, the term `flagrant violation' means a reckless or repeated failure to make reasonable efforts to eliminate a known violation of a mandatory health and safety standard that substantially and proximately caused, or reasonably could be expected to cause, death or serious bodily injury.''; (2) in subsection (b), by striking ``$5,000'' and inserting ``$55,000''; (3) in subsection (d)-- (A) by inserting ``knowingly exposes miners to situations likely to cause death or serious bodily injury,'' after ``operator who''; (B) by striking ``$25,000'' and inserting ``$250,000''; and (C) by striking ``$50,000'' and inserting ``$500,000''; (4) in subsection (e), by striking ``$1,000'' and inserting ``$20,000''; (5) in subsection (f), by striking ``$10,000'' and inserting ``$100,000''; (6) by redesignating subsections (i) through (k) and subsection (l) as subsections (j) through (l) and subsection (o), respectively; (7) by inserting after subsection (h) the following: ``(i) Failure to Inform.--Any operator who fails to inform the Secretary of a disaster relating to a coal or other mine within the 15- minute period following the occurrence of the disaster shall be subject to a civil penalty of not less than $100,000. The Secretary may waive the penalty under this subsection if the Secretary determines that the failure to inform within the time period was caused by circumstances outside the control of the operator.''; and (8) by inserting after subsection (l) (as so redesignated by paragraph (6)) the following: ``(m) Minimum Fine or Penalty.-- ``(1) Serious illness or injury hazard.--A fine or civil penalty assessed under this section for a violation of a mandatory health or safety standard, or other provision of this Act, that could cause serious illness or injury shall be in an amount of not less than $10,000. ``(2) Habitual violator.--A fine or civil penalty assessed under this section, to any operator of a coal or other mine who habitually violates this Act, for a violation of a mandatory health or safety standard, or other provision of this Act, that could significantly and substantially contribute to a safety or health hazard shall be in an amount of not less than $20,000. ``(n) User Fees.--An operator who incurs a civil penalty or fine under this section shall, in addition to the amount of such penalty or fine, be assessed a user fee of $100 for each such penalty or fine. Such fees shall be collected by the Secretary to be deposited in an Administration account and shall be used to augment the amounts appropriated to the Administration for carrying out the following activities: ``(1) To reimburse operators for the cost of training, research and development, rescue teams, safe rooms, or other supplies or equipment for miner safety. ``(2) To enable the Administration to provide technical support, educational policy and development, and program evaluation and information activities in accordance with this Act.''. (b) No Reduction of Certain Fines.--Section 105(d) of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 815(d)) is amended in the first sentence by inserting ``, except that the Commission shall not decrease a civil penalty assessed for a flagrant violation, as defined in section 110(a), or for a habitual violation'' after ``appropriate relief''. SEC. 6. MANDATORY HEALTH AND SAFETY TRAINING. Section 115(a) of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 825(a)) is amended-- (1) by redesignating paragraph (5) as paragraph (7); and (2) by inserting after paragraph (4) the following: ``(5) all miners shall receive initial training in the proper usage of wireless communications devices and shall receive refresher training courses on such usage not less often than once each calendar year; ``(6) each rescue team for the mine shall participate in a surprise, unannounced emergency rescue drill at an operating mine not less often than 2 times each calendar year; and''.

Summary: Mine Safety and Health Act of 2006 - Amends the Federal Mine Safety and Health Act of 1977 to impose additional health and safety requirements for all coal or other mines, including regarding: (1) the strategic location of an oxygen station; (2) wireless emergency tracking devices; (3) wireless communication devices; (4) restricting communications relating to a rescue operation only to individuals participating in the rescue; and (5) secondary telephone service. Requires interviews of miners regarding an accident or occurrence without the presence of the mine operator. Directs the Secretary of Labor to: (1) establish rules for conducting investigations of mine accidents; and (2) report to specified congressional committees within 30 days of completing an investigation. Requires the Secretary to: (1) conduct a quarterly review of a mine operator's ventilation system, methane and dust control plan, and roof control plan; and (2) contact an operator who has received a citation within 24 hours to ensure that steps are being taken to correct the safety violation. Requires the Secretary to establish a central communications emergency call center for all coal and other mine operations. Imposes increased penalties for flagrant violations of mine safety standards, for failure to promptly report mine disasters, and for habitual violators of mine safety standards. Imposes additional user fees on mine operators who incur such penalties and dedicates such fees for equipment, training, and other expenses relating to mine safety. Requires all miners to receive training in the proper usage of wireless communications devices. Requires rescue workers to participate in unannounced emergency rescue drills at an operating mine at least twice a year.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Oil Subsidy Elimination Act of 2006''. SEC. 2. FINDINGS. The Congress finds the following: (1) On Friday April 21, 2006, the trading price for a barrel of oil reached a new record high of $75.17. As a result the price of gasoline in many areas around the country jumped to $3 per gallon or higher. (2) According to the Energy Information Administration (EIA) of the Department of Energy, gas prices are expected to rise nationally by at least another 25 cents in the short term. (3) Oil companies are receiving record profits as a result of high gas prices. In 2005, ExxonMobil--the Nation's largest oil company--earned a net income of $36.1 billion, up 31 percent from the year before. In the fourth quarter of 2005 alone, ExxonMobile earned $10 billion, up from the previous record of $9.92 billion set by ExxonMobile in the third quarter of 2005. (4) While high energy prices are squeezing the American middle class, oil executives are receiving record compensation and retirement packages. For example, the retiring chairman of ExxonMobil was recently given a $400 million retirement package--one of the largest in history. (5) In the 108th and 109th Congresses, the United States Congress passed, and the President signed, legislation giving billions in taxpayer dollars away to the oil industry in the form of tax breaks--even as this industry continues to garner record breaking profits. (6) At a November 9, 2005, joint hearing of the Committee on Energy and Natural Resources and the Committee on Environment and Public Works of the Senate, the chief executive officers of the top five oil companies testified that their companies did not need the Federal tax incentives included in the Energy Policy Act of 2005 (Public Law 109-58). (7) On April 25, 2006, President Bush stated ``Record oil prices and large cash flows also mean that Congress has got to understand that these energy companies don't need unnecessary tax breaks like the write-offs of certain geological and geophysical expenditures, or the use of taxpayers' money to subsidize energy companies research into deep water drilling. I'm looking forward to Congress to take about $2 billion of these tax breaks out of the budget over a 10-year period of time. Cash flows are up. Taxpayers don't need to be paying for certain of these expenses on behalf of the energy companies.''. SEC. 2. REQUIREMENTS FOR CERTAIN LARGE INTEGRATED OIL COMPANIES. (a) Revaluation of LIFO Inventories of Large Integrated Oil Companies.-- (1) General rule.--Notwithstanding any other provision of law, if a taxpayer is an applicable integrated oil company for its last taxable year ending in calendar year 2005, the taxpayer shall-- (A) increase, effective as of the close of such taxable year, the value of each historic LIFO layer of inventories of crude oil, natural gas, or any other petroleum product (within the meaning of section 4611) by the layer adjustment amount, and (B) decrease its cost of goods sold for such taxable year by the aggregate amount of the increases under paragraph (1). If the aggregate amount of the increases under paragraph (1) exceed the taxpayer's cost of goods sold for such taxable year, the taxpayer's gross income for such taxable year shall be increased by the amount of such excess. (2) Layer adjustment amount.--For purposes of this section-- (A) In general.--The term ``layer adjustment amount'' means, with respect to any historic LIFO layer, the product of-- (i) $18.75, and (ii) the number of barrels of crude oil (or in the case of natural gas or other petroleum products, the number of barrel-of-oil equivalents) represented by the layer. (B) Barrel-of-oil equivalent.--The term ``barrel- of-oil equivalent'' has the meaning given such term by section 29(d)(5) (as in effect before its redesignation by the Energy Tax Incentives Act of 2005). (3) Application of requirement.-- (A) No change in method of accounting.--Any adjustment required by this section shall not be treated as a change in method of accounting. (B) Underpayments of estimated tax.--No addition to the tax shall be made under section 6655 of the Internal Revenue Code of 1986 (relating to failure by corporation to pay estimated tax) with respect to any underpayment of an installment required to be paid with respect to the taxable year described in subsection (a) to the extent such underpayment was created or increased by this section. (4) Applicable integrated oil company.--For purposes of this subsection, the term ``applicable integrated oil company'' means an integrated oil company (as defined in section 291(b)(4) of the Internal Revenue Code of 1986) which has an average daily worldwide production of crude oil of at least 500,000 barrels for the taxable year and which had gross receipts in excess of $1,000,000,000 for its last taxable year ending during calendar year 2005. For purposes of this subsection all persons treated as a single employer under subsections (a) and (b) of section 52 of the Internal Revenue Code of 1986 shall be treated as 1 person and, in the case of a short taxable year, the rule under section 448(c)(3)(B) shall apply. (b) Elimination of Amortization of Geological and Geophysical Expenditures for Major Integrated Oil Companies.-- (1) In general.--Section 167(h) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(5) Nonapplication to major integrated oil companies.-- This subsection shall not apply with respect to any expenses paid or incurred for any taxable year by any integrated oil company (as defined in section 291(b)(4)) which has an average daily worldwide production of crude oil of at least 500,000 barrels for such taxable year.''. (2) Effective date.--The amendment made by this section shall take effect as if included in the amendment made by section 1329(a) of the Energy Policy Act of 2005. (c) Modifications of Foreign Tax Credit Rules Applicable to Large Integrated Oil Companies Which Are Dual Capacity Taxpayers.-- (1) In general.--Section 901 of the Internal Revenue Code of 1986 (relating to credit for taxes of foreign countries and of possessions of the United States) is amended by redesignating subsection (m) as subsection (n), and by inserting after subsection (l) the following new subsection: ``(m) Special Rules Relating to Large Integrated Oil Companies Which Are Dual Capacity Taxpayers.-- ``(1) General rule.--Notwithstanding any other provision of this chapter, any amount paid or accrued by a dual capacity taxpayer which is a large integrated oil company to a foreign country or possession of the United States for any period shall not be considered a tax-- ``(A) if, for such period, the foreign country or possession does not impose a generally applicable income tax, or ``(B) to the extent such amount exceeds the amount (determined in accordance with regulations) which-- ``(i) is paid by such dual capacity taxpayer pursuant to the generally applicable income tax imposed by the country or possession, or ``(ii) would be paid if the generally applicable income tax imposed by the country or possession were applicable to such dual capacity taxpayer. Nothing in this paragraph shall be construed to imply the proper treatment of any such amount not in excess of the amount determined under subparagraph (B). ``(2) Dual capacity taxpayer.--For purposes of this subsection, the term `dual capacity taxpayer' means, with respect to any foreign country or possession of the United States, a person who-- ``(A) is subject to a levy of such country or possession, and ``(B) receives (or will receive) directly or indirectly a specific economic benefit (as determined in accordance with regulations) from such country or possession. ``(3) Generally applicable income tax.--For purposes of this subsection-- ``(A) In general.--The term `generally applicable income tax' means an income tax (or a series of income taxes) which is generally imposed under the laws of a foreign country or possession on income derived from the conduct of a trade or business within such country or possession. ``(B) Exceptions.--Such term shall not include a tax unless it has substantial application, by its terms and in practice, to-- ``(i) persons who are not dual capacity taxpayers, and ``(ii) persons who are citizens or residents of the foreign country or possession. ``(4) Large integrated oil company.--For purposes of this subsection, the term `large integrated oil company' means, with respect to any taxable year, an integrated oil company (as defined in section 291(b)(4)) which-- ``(A) had gross receipts in excess of $1,000,000,000 for such taxable year, and ``(B) has an average daily worldwide production of crude oil of at least 500,000 barrels for such taxable year.'' (2) Effective date.-- (A) In general.--The amendments made by this subsection shall apply to taxes paid or accrued in taxable years beginning after the date of the enactment of this Act. (B) Contrary treaty obligations upheld.--The amendments made by this subsection shall not apply to the extent contrary to any treaty obligation of the United States. SEC. 3. REPEAL OF TAX SUBSIDIES ENACTED BY THE ENERGY POLICY ACT OF 2005 FOR OIL AND GAS. (a) Repeal.--The following provisions, and amendments made by such provisions, of the Energy Policy Act of 2005 are hereby repealed: (1) Section 1323 (relating to temporary expensing for equipment used in refining of liquid fuels). (2) Section 1328 (relating to determination of small refiner exception to oil depletion deduction). (3) Section 1329 (relating to amortization of geological and geophysical expenditures). (b) Administration of Internal Revenue Code of 1986.--The Internal Revenue Code of 1986 shall be applied and administered as if the provisions, and amendments, specified in subsection (a) had never been enacted.

Summary: Oil Subsidy Elimination Act of 2006 - Requires oil companies with annual gross receipts of $1 billion or more and average daily crude oil production levels of at least 500,000 barrels (defined as large integrated oil companies) to revalue, according to a specified formula, their 2005 LIFO inventories of crude oil, natural gas, or other petroleum products. Amends the Internal Revenue Code to deny large integrated oil companies: (1) amortization of geological and geophysical expenditures; and (2) foreign tax credits for certain payments made to foreign countries. Repeals provisions of the Energy Policy Act of 2005 relating to: (1) expensing of crude oil refinery property; (2) exemptions from limitations on oil depletion deductions for certain small crude oil refiners; and (3) amortization of geological and geophysical expenditures.


SECTION 1. LIMITED AUTHORITY FOR DEPARTMENT OF DEFENSE PERSONNEL WHO ARE FACULTY MEMBERS AT DEPARTMENT OF DEFENSE SCHOOLS OR OTHER ACADEMIES TO SECURE COPYRIGHTS FOR CERTAIN SCHOLARLY WORKS. (a) Authority.--(1) Chapter 53 of title 10, United States Code, is amended by inserting after section 1033 the following new section: ``Sec. 1033a. Faculty of service academies and Department of Defense professional schools: limited authority to secure copyrights for certain works ``(a) Authority.--Subject to regulations prescribed under subsection (f), a person who is a member of the Army, Navy, Air Force, or Marine Corps, or a civilian employee of the Department of Defense, and is a faculty member of an institution described in subsection (e) may, notwithstanding section 105 or 201(b) of title 17, secure copyright protection under title 17 for a qualifying work, but only for the purposes of submitting such work for publication in a scholarly journal, publication, or other edited work for which such a copyright is a requirement for consideration for publication or otherwise as may be prescribed under regulations under this section. ``(b) Qualifying Works.--A work is a qualifying work for purposes of this section if the work-- ``(1) is prepared as part of a person's official duties; and ``(2) meets such criteria as the Secretary of Defense may prescribe by regulation as a scholarly work for which copyright protection as provided in subsection (a) is warranted. ``(c) Transfer of Copyright.--Upon acceptance for publication of a work for which copyright protection exists by reason of subsection (a), the person holding the copyright shall transfer the copyright to the owner or publisher of the medium in which the work will be published. ``(d) Royalties, Etc.--No royalties or other compensation may be accepted by a person described in subsection (a) by reason of copyright protection that exists by reason of subsection (a). ``(e) Covered Institutions.--The institutions referred to in subsection (a) are the following: ``(1) The United States Military Academy, United States Naval Academy, and United States Air Force Academy. ``(2) The National Defense University. ``(3) Any war college of the armed forces. ``(4) Any graduate-level college or university of the Department of Defense. ``(5) The Coast Guard Academy. ``(6) The United States Merchant Marine Academy. ``(f) Regulations.--The Secretary of Defense shall prescribe regulations for the purposes of this section. Such regulations shall include provisions specifying the types of works for which copyright protection may be secured by a person described in subsection (a).''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1033 the following new item: ``1033a. Faculty of service academies and Department of Defense professional schools: limited authority to secure copyrights for certain works.''. (b) Effective Date.--Section 1033a of title 10, United States Code, as added by subsection (a), shall apply only with respect to works that, as determined under regulations prescribed under that section, are produced after the date of the enactment of this Act. (c) Deadline for Regulations.--The Secretary of Defense shall prescribe regulations under subsection (f) of section 1033a of title 10, United States Code, as added by subsection (a), not later than 180 days after the date of the enactment of this Act. SEC. 2. LIMITED AUTHORITY FOR FACULTY MEMBERS AT COAST GUARD ACADEMY TO SECURE COPYRIGHTS FOR CERTAIN SCHOLARLY WORKS. (a) Authority.--(1) Chapter 9 of title 14, United States Code, is amended by inserting after section 196 the following new section: ``Sec. 197. Limited authority for faculty members to secure copyrights for certain works ``(a) Authority.--Subject to regulations prescribed under subsection (f), a person who is a member of the Coast Guard, or a civilian employee of the Coast Guard, and is a faculty member of an institution described in subsection (e) may, notwithstanding section 105 or 201(b) of title 17, secure copyright protection under title 17 for a qualifying work, but only for the purposes of submitting such work for publication in a scholarly journal, publication, or other edited work for which such a copyright is a requirement for consideration for publication or otherwise as may be prescribed under regulations under this section. ``(b) Qualifying Works.--A work is a qualifying work for purposes of this section if the work-- ``(1) is prepared as part of a person's official duties; and ``(2) meets such criteria as the Secretary may prescribe by regulation as a scholarly work for which copyright protection as provided in subsection (a) is warranted. ``(c) Transfer of Copyright.--Upon acceptance for publication of a work for which copyright protection exists by reason of subsection (a), the person holding the copyright shall transfer the copyright to the owner or publisher of the medium in which the work will be published. ``(d) Royalties, Etc.--No royalties or other compensation may be accepted by a person described in subsection (a) by reason of copyright protection that exists by reason of subsection (a). ``(e) Covered Institutions.--The institutions referred to in subsection (a) are the following: ``(1) The Coast Guard Academy. ``(2) The United States Merchant Marine Academy. ``(3) The United States Military Academy, United States Naval Academy, and United States Air Force Academy. ``(4) The National Defense University. ``(5) Any war college of the armed forces. ``(6) Any graduate-level college or university of the Department of Defense. ``(f) Regulations.--The Secretary shall prescribe regulations for the purposes of this section. Such regulations shall include provisions specifying the types of works for which copyright protection may be secured by a person described in subsection (a).''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 196 the following new item: ``197. Limited authority for faculty members to secure copyrights for certain works.''. (b) Effective Date.--Section 197 of title 14, United States Code, as added by subsection (a), shall apply only with respect to works that, as determined under regulations prescribed under that section, are produced after the date of the enactment of this Act. (c) Deadline for Regulations.--The Secretary of the department in which the Coast Guard is operating shall prescribe regulations under subsection (f) of section 197 of title 14, United States Code, as added by subsection (a), not later than 180 days after the date of the enactment of this Act. SEC. 3. LIMITED AUTHORITY FOR FACULTY MEMBERS AT UNITED STATES MERCHANT MARINE ACADEMY TO SECURE COPYRIGHTS FOR CERTAIN WORKS. (a) Authority.-- Title XIII of the Merchant Marine Act, 1936 (46 App. U.S.C. 1295 et seq.) is amended by adding at the end the following new section: ``SEC. 1308. LIMITED AUTHORITY FOR FACULTY MEMBERS TO SECURE COPYRIGHTS FOR CERTAIN WORKS. ``(a) Authority.--Subject to regulations prescribed under subsection (f), a person who is an employee of the Department of Transportation and is a faculty member of an institution described in subsection (e) may, notwithstanding section 105 or 201(b) of title 17, secure copyright protection under title 17 for a qualifying work, but only for the purposes of submitting such work for publication in a scholarly journal, publication, or other edited work for which such a copyright is a requirement for consideration for publication or otherwise as may be prescribed under regulations under this section. ``(b) Qualifying Works.--A work is a qualifying work for purposes of this section if the work-- ``(1) is prepared as part of a person's official duties; and ``(2) meets such criteria as the Secretary of Transportation may prescribe by regulation as a scholarly work for which copyright protection as provided in subsection (a) is warranted. ``(c) Transfer of Copyright.--Upon acceptance for publication of a work for which copyright protection exists by reason of subsection (a), the person holding the copyright shall transfer the copyright to the owner or publisher of the medium in which the work will be published. ``(d) Royalties, Etc.--No royalties or other compensation may be accepted by a person described in subsection (a) by reason of copyright protection that exists by reason of subsection (a). ``(e) Covered Institutions.--The institutions referred to in subsection (a) are the following: ``(1) The United States Merchant Marine Academy. ``(2) The Coast Guard Academy. ``(3) The United States Military Academy, United States Naval Academy, and United States Air Force Academy. ``(4) The National Defense University. ``(5) Any war college of the armed forces. ``(6) Any graduate-level college or university of the Department of Defense. ``(f) Regulations.--The Secretary of Transportation shall prescribe regulations for the purposes of this section. Such regulations shall include provisions specifying the types of works for which copyright protection may be secured by a person described in subsection (a).''. (b) Effective Date.--Section 1308 of Merchant Marine Act, 1936, as added by subsection (a), shall apply only with respect to works that, as determined under regulations prescribed under that section, are produced after the date of the enactment of this Act. (c) Deadline for Regulations.--The Secretary of Transportation shall prescribe regulations under section 1308 of Merchant Marine Act, 1936, as added by subsection (a), not later than 180 days after the date of the enactment of this Act.

Summary: Authorizes a faculty member of a military service academy (including the Coast Guard Academy and Merchant Marine Academy) or Department of Defense professional school (including the National Defense University) to secure Federal copyright protection for a scholarly work prepared as part of that person's official duties, but only for purposes of submitting such work for publication in a scholarly journal, publication, or other edited work for which such a copyright is required. Requires the faculty member to transfer such copyright to the owner or publisher of the medium for which the work will be published. Prohibits the acceptance of royalties or other compensation by reason of such copyright protection.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Less Imprecision in Species Treatment Act of 2018'' or the ``LIST Act of 2018''. SEC. 2. REQUIREMENT TO INITIATE DELISTING. (a) Requirement in Case of Recovery.--Section 4(b) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)) is amended by adding at the end the following: ``(9)(A) The Secretary shall initiate the procedures in accordance with subsection (a)(1) to remove a species from a list published under subsection (c) if-- ``(i) the goals of a recovery plan for the species developed under subsection (f) have been met; or ``(ii) the goals for recovery of the species have not been developed under subsection (f), and the Secretary determines that the species has recovered sufficiently to no longer require the protection of the Act. ``(B) Notwithstanding the requirement of subsection (c)(2) that each determination under subparagraph (B) of that subsection shall be made in accordance with the provisions of subsections (a) and (b), the Secretary shall remove a species from any list published under subsection (c) if the Department of the Interior has produced or received substantial scientific or commercial information demonstrating that the species is recovered or that recovery goals set for the species under subsection (f) have been met. ``(C) In the case of a species removed under subparagraph (A) from a list published under subsection (c), the publication and notice under subsection (b)(5) shall consist solely of a notice of such removal.''. (b) Requirement in Case Erroneously or Wrongfully Listed.--Section 4(b)(3) of the Endangered Species Act of 1973 (16 U.S.C. 1533(a)), as amended by subsection (a), is further amended by adding at the end the following: ``(H)(i) Not later than 90 days after the date the Department of the Interior receives or produces under this subsection information described in clause (ii) regarding a species included in a list under subsection (c), the Secretary shall to the maximum extent practicable find whether the inclusion of such species in such list was less than likely to have occurred in the absence of the scientific or commercial information referred to in clause (ii). ``(ii) Information referred to in clause (i) is any information demonstrating that the listing was determined on the basis of scientific or commercial information available to, or received or produced by, the Department under paragraphs (1) and (3) of subsection (b) that at the time the scientific or commercial information was available to or received or produced by the Department it was-- ``(I) inaccurate beyond scientifically reasonable margins of error; ``(II) fraudulent; or ``(III) misrepresentative. ``(iii) Notwithstanding the requirement under subsection (c)(2)(B) that each determination under subparagraph (B) shall be made in accordance with the provisions of subsections (a) and (b), the Secretary shall-- ``(I) remove from any list published under subsection (c) any species for which a positive finding is made under clause (i); and ``(II) promptly publish in the Federal Register notice of such finding that includes such information as was received or produced by the Department under such clause. ``(iv) Any positive finding by the Secretary under clause (i) shall not be subject to judicial review. ``(v) Any negative finding by the Secretary under clause (i) shall be subject to judicial review. ``(vi) In the case of a species removed under clause (iii) from a list, the publication and notice under subsection (b)(5) shall consist solely of a notice of such removal. ``(vii) If the Secretary finds that a person submitted a petition that is the subject of a positive finding under clause (i) knowing that it contained scientific or commercial information described in clause (ii), then during the 10-year period beginning on the date of the finding under this clause the person shall not be considered an interested person for purposes of subparagraph (A) with respect to any petition submitted by the person after the date the person submitted such scientific or commercial information.''. SEC. 3. EXPANDED CONSIDERATION DURING FIVE-YEAR REVIEW. Section 4(c) (16 U.S.C. 1533(c)) is amended by adding at the end the following: ``(3) Each determination under paragraph (2)(B) shall consider one of the following: ``(A) Except as provided in subparagraph (B) of this paragraph, the criteria required under subsection (f)(1)(B) in the recovery plan for the species. ``(B) If the objective, measurable criteria under subsection (f)(1)(B)(ii) are not established, the factors for the determination that a species is an endangered species or a threatened species set forth in subsections (a)(1) and (b)(1). ``(C) A finding of error in the determination that the species is an endangered species, a threatened species, or extinct. ``(D) A determination that the species is no longer an endangered species or threatened species or in danger of extinction, based on an analysis of the factors that are the basis for listing in subsections (a)(1) and (b)(1).''.

Summary: Less Imprecision in Species Treatment Act of 2018 or the LIST Act of 2018 This bill amends the Endangered Species Act of 1973 to revise the process for removing a species from the endangered or threatened species lists. The Department of the Interior or the Department of Commerce, as appropriate, must remove a species from the endangered or threatened species lists if Interior produces or receives substantial scientific or commercial information demonstrating that the species is recovered or that recovery goals set for the species have been met. The publication and notice of a proposed regulation to remove a species from the lists must consist solely of a notice of the removal. The bill establishes a process for removing species from the lists if they were erroneously or wrongfully listed. The bill prohibits a person from submitting a petition to list a species as a threatened or endangered species for 10 years if the person knowingly submitted a petition with information that was inaccurate beyond scientifically reasonable margins of error, fraudulent, or misrepresentative.


SECTION 1. SHORT TITLE. This Act may be cited as the ``National MS and Parkinson's Disease Registries Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Multiple sclerosis (referred to in this section as ``MS'') is a progressive, disabling disease that affects the brain and the spinal cord causing loss of myelin, damage to axons, and cerebral atrophy. (2) MS is a prime-of-life disease with an average age of onset at 30 to 35 years of age. (3) More than 10,000 individuals in the United States are diagnosed with MS annually, and it is thought that more than 400,000 individuals in the United States have MS. (4) Parkinson's disease is a chronic, progressive neurological disease. The primary pathologic feature of Parkinson's disease is degeneration and premature death of dopamine-producing brain cells. (5) Parkinson's is the second-most common neurodegenerative disease in the United States. (6) It is estimated that more than 1,000,000 Americans are currently fighting Parkinson's disease, and 60,000 Americans are newly diagnosed every year. (7) Although estimates exist, there is no confirmed data regarding prevalence or diagnosed cases of Parkinson's disease or MS. (8) The causes of Parkinson's disease and MS are not well understood. (9) There is no known cure for Parkinson's disease or MS. (10) Studies have found relationships between both MS and Parkinson's disease and environmental and genetic factors, but those relationships are not well understood. (11) Better data are needed to understand the economic impact of Parkinson's disease, MS, and other neurological diseases. (12) There are several drugs currently approved by the Food and Drug Administration for the treatment of MS, which have shown modest success in reducing relapses, slowing progression of disability, and limiting the accumulation of brain lesions. (13) Currently, state-of-the-art treatment for Parkinson's disease is based on a 40-year-old pharmaceutical therapy, which only treats some of the motor symptoms of Parkinson's disease. Deep brain stimulation surgery is available for certain patients and treats some symptoms of Parkinson's disease. (14) No therapies exist that will slow or stop progression of Parkinson's disease. There is no effective, lasting therapy for all features of Parkinson's disease. (15) Central nervous system drugs, including therapies for MS, Parkinson's disease, and other neurological diseases, are the slowest in the drug development pipeline, taking an average of 15 years post discovery for new therapies to reach the market. (16) Several small and uncoordinated MS and Parkinson's disease registries, surveillance systems, and databases exist in the United States and throughout the world. (17) A single national system to collect and store information on the incidence and prevalence of MS, Parkinson's disease, or other neurological diseases in the United States does not exist. (18) The Agency for Toxic Substances and Disease Registry (ATSDR) has established a series of small pilot studies, beginning in fiscal year 2006, to evaluate the feasibility of various methodologies to create an MS surveillance system at the national level. (19) The national surveillance system methodology resulting from the MS pilot studies should be expanded upon and developed into a national surveillance system for Parkinson's disease. (20) The establishment of separate, coordinated national surveillance systems for Parkinson's disease and MS will help-- (A) to identify the incidence and prevalence of these diseases in the United States; (B) to collect demographic and other data important to the study of MS and Parkinson's disease; (C) to produce epidemiologically sound data that can be used to compare with cluster information, data sets of the Department of Veterans Affairs, environmental exposure data, and other information; (D) to promote a better understanding of causes, prevention, and treatment of disease; (E) to better understand public and private resource impact; (F) to collect information that is important for research into genetic and environmental risk factors; (G) to enhance biomedical and clinical research by providing a basis for population comparisons; (H) to enhance efforts to develop better diagnosis and progression biomarkers for MS and Parkinson's disease; and (I) to enhance efforts to find treatments and a cure for MS and Parkinson's disease. SEC. 3. SURVEILLANCE SYSTEMS. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended-- (1) by redesignating the second and third sections 399R (added by section 2 of Public Law 110-373 and section 3 of Public Law 110-374) as sections 399S and 399T, respectively; and (2) by adding at the end the following: ``SEC. 399U. SURVEILLANCE OF NEUROLOGICAL DISEASES. ``(a) Multiple Sclerosis National Surveillance System.-- ``(1) In general.--Not later than 1 year after receipt of the report described in subsection (c)(3), the Secretary, acting through the Director of the Agency for Toxic Substances and Disease Registry and in consultation with a national voluntary health organization with experience serving the population of individuals with multiple sclerosis (referred to in this section as `MS'), shall-- ``(A) develop a system to collect data on MS including information with respect to the incidence and prevalence of the disease in the United States; ``(B) establish a national surveillance system for the collection and storage of such data to include a population-based registry of cases of MS in the United States; ``(C) assist in application of MS national surveillance system methodologies for the development, piloting, and implementation of a national Parkinson's disease national surveillance system under subsection (b); and ``(D) provide analysis regarding expansion of national disease surveillance systems for other neurological diseases and disorders utilizing the MS and Parkinson's disease national surveillance systems' process and structure. ``(2) Purpose.--It is the purpose of the registry established under paragraph (1)(B) to gather available data concerning-- ``(A) MS, including the incidence and prevalence of MS in the United States; ``(B) the age, race or ethnicity, gender, military service if applicable, and family history of individuals who are diagnosed with the disease; and ``(C) other matters as recommended by the Advisory Committee established pursuant to subsection (c). ``(b) Parkinson's Disease National Surveillance System.-- ``(1) In general.--Not later than 1 year after the receipt of the report described in subsection (c)(3), the Secretary, acting through the Director of the Agency for Toxic Substances and Disease Registry and in consultation with a national voluntary health organization with experience serving the population of individuals with Parkinson's disease, shall-- ``(A) develop a system to collect data on Parkinson's disease including information with respect to the incidence and prevalence of the disease in the United States; ``(B) establish a national surveillance system for the collection and storage of such data to include a population-based registry of cases of Parkinson's disease in the United States; and ``(C) provide analysis regarding expansion of national disease surveillance systems for other neurological diseases utilizing the MS and Parkinson's disease national surveillance systems' process and structure. ``(2) Purpose.--It is the purpose of the registry established under paragraph (1)(B) to gather available data concerning-- ``(A) Parkinson's disease, including the incidence and prevalence of Parkinson's disease in the United States; ``(B) the age, race or ethnicity, gender, military service if applicable, and family history of individuals who are diagnosed with the disease; and ``(C) other matters as recommended by the Advisory Committee established pursuant to subsection (c). ``(c) Advisory Committee.-- ``(1) Establishment.--Not later than 180 days after the date of the enactment of this section, the Secretary, acting through the Director of the Agency for Toxic Substances and Disease Registry, shall establish a committee to be known as the Advisory Committee on Neurological Disease Registries (referred to in this section as the `Advisory Committee'). The Advisory Committee shall be composed of at least one member, to be appointed by the Secretary, acting through the Director of the Agency for Toxic Substances and Disease Registry, representing each of the following: ``(A) National voluntary health associations that focus solely on MS and have demonstrated experience in MS research, care, or patient services. ``(B) National voluntary health associations that focus solely on Parkinson's disease and have demonstrated experience in Parkinson's disease public policy, research, care, or patient services. ``(C) The National Institutes of Health, to include, upon the recommendation of the Director of the National Institutes of Health, representatives from the Office of Portfolio Analysis and Strategic Initiatives, the National Institute of Neurological Disorders and Stroke, the National Institute of Environmental Health Sciences, the National Institute on Aging, and the National Institute of Allergy and Infectious Diseases. ``(D) The Department of Veterans Affairs, to include representatives from the Parkinson's Disease Research Education and Clinical Centers and the MS Centers of Excellence. ``(E) The Department of Defense, to include representatives from the Parkinson's disease and MS research programs. ``(F) The Food and Drug Administration. ``(G) The Centers for Disease Control and Prevention, to include representatives from the Agency for Toxic Substances and Disease Registry. ``(H) Patients with MS and Parkinson's disease or their family members. ``(I) Clinicians with expertise on MS and Parkinson's disease. ``(J) Research scientists with experience conducting translational research or creating systems that support translating basic discoveries into treatments. ``(K) Epidemiologists with experience in data registries. ``(L) Geneticists or experts in genetics who have experience with the genetics of MS and Parkinson's disease. ``(M) Statisticians. ``(N) Bioethicists. ``(O) Attorneys. ``(P) Other individuals, organizations, or agencies with an interest in developing and maintaining the MS and Parkinson's disease national surveillance systems. ``(Q) Experts in additional neurological diseases, as appropriate, based on development and implementation of national surveillance systems for other neurological diseases and disorders. ``(2) Duties.--The Advisory Committee shall review information and make recommendations to the Secretary concerning-- ``(A) the development and maintenance of the MS and Parkinson's disease national surveillance systems; ``(B) the use and coordination of existing databases that collect or maintain information on neurological diseases and disorders; ``(C) the type of information to be collected and stored in the systems; ``(D) the manner in which such data is to be collected; ``(E) the use and availability of such data including guidelines for such use; and ``(F) the application of MS and Parkinson's disease registry methodologies to benefit other neurological diseases and disorders, including analysis of how other neurological disease surveillance systems or registries can be developed, piloted, and implemented nationally utilizing the MS and Parkinson's disease national surveillance systems' process and structure. ``(3) Report.--Not later than 1 year after the date on which the Advisory Committee is established, the Advisory Committee shall submit a report to Congress concerning the review conducted under paragraph (2) that contains the recommendations of the Advisory Committee with respect to the results of such review. ``(d) Grants.--Notwithstanding the recommendations of the Advisory Committee under subsection (c), the Secretary, acting through the Director of the Agency for Toxic Substances and Disease Registry, may award grants to, and enter into contracts and cooperative agreements with, public or private nonprofit entities for the collection, analysis, and reporting of data on MS and Parkinson's disease. ``(e) Coordination With State, Local, and Federal Registries.-- ``(1) In general.--In establishing the MS and Parkinson's disease national surveillance systems under subsections (a) and (b), the Secretary, acting through the Director of the Agency for Toxic Substances and Disease Registry, shall-- ``(A) identify, build upon, expand, and coordinate existing data and surveillance systems, surveys, registries, and other Federal public health and environmental infrastructure wherever possible, including-- ``(i) the 2 MS surveillance pilot studies initiated in fiscal year 2006 by the Centers for Disease Control and Prevention and the Agency for Toxic Substances and Disease Registry; ``(ii) the Parkinson's disease and MS databases of the Department of Veterans Affairs; ``(iii) current Parkinson's disease registries and surveillance systems, including the Nebraska and California State registries; ``(iv) current MS registries, including the New York State MS Registry and the North American Research Committee on MS (NARCOMS) Registry; and ``(v) any other existing or relevant databases that collect or maintain information on neurological diseases and disorders identified by researchers or recommended by the Advisory Committee pursuant to subsection (c); and ``(B) provide for and conduct outreach in support of research access to Parkinson's disease and MS data as recommended by the Advisory Committee established pursuant to subsection (c) to the extent permitted by applicable statutes and regulations and in a manner that protects personal privacy consistent with applicable privacy statutes and regulations. ``(2) Coordination with other federal agencies.-- Notwithstanding the recommendations of the Advisory Committee established pursuant to subsection (c), and consistent with applicable privacy statutes and regulations, the Secretary shall ensure that epidemiological and other types of information obtained under subsections (a) and (b) are made available to agencies such as the National Institutes of Health, the Food and Drug Administration, the Department of Veterans Affairs, and the Department of Defense. ``(f) Definition.--For the purposes of this section, the term `national voluntary health association' means a national nonprofit organization with chapters, other affiliated organizations, or networks in States throughout the United States. ``(g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2010 through 2014.''.

Summary: National MS and Parkinson's Disease Registries Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) , acting through the Director of the Agency for Toxic Substances and Disease Registry, to: (1) develop a system to collect data on multiple sclerosis (MS) and a system to collect data on Parkinson's disease; (2) establish a national surveillance system for the collection and storage of data for each such disease, including population-based registries of U.S. cases of MS and Parkinson's disease; (3) provide analysis regarding expansion of national disease surveillance systems for other neurological diseases and disorders; and (4) establish the Advisory Committee on Neurological Disease Registries. Allows the Secretary, acting through the Director, to provide for the collection, analysis, and reporting of data on MS and Parkinson's disease. Requires the Secretary, acting through the Director, to: (1) identify, build upon, expand, and coordinate existing data and surveillance systems, surveys, registries, and other federal public health and environmental infrastructure wherever possible; and (2) provide for research access to Parkinson's disease and MS data. Requires the Secretary to ensure that epidemiological and other types of information collected are made available to agencies such as the National Institutes of Health (NIH), the Food and Drug Administration (FDA), the Department of Veterans Affairs (VA), and the Department of Defense (DOD).


SECTION 1. SHORT TITLE. This Act may be cited as the ``21st Century Master Teacher Act''. SEC. 2. MASTER TEACHER PROGRAMS. Title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended-- (1) by redesignating part E as part G; and (2) by inserting after part D the following new part: ``PART E--MASTER TEACHER PROGRAM ``SEC. 2351. FINDINGS. ``Congress makes the following findings: ``(1) The National Commission on Teaching and America's Future reports that more than 12 percent of all newly hired teachers enter the workforce with no training at all, and another 15 percent enter the workforce without having fully met State standards. ``(2) Annually, more than 50,000 people who lack the training required for their jobs have entered teaching with emergency or provisional licenses. ``(3) Only 500 of the Nation's 1,200 education schools meet common professional standards. ``(4) Fewer than 75 percent of all teachers have studied child development, and learning and teaching methods, have degrees in their subject areas, and have passed State licensing requirements. ``(5) Nearly \1/4\ of all secondary school teachers, and more than 30 percent of secondary school mathematics teachers, do not have even a college minor in their main subject area. ``(6) 64 percent of urban school districts allow teachers who are not certified or licensed to teach under an emergency certification or license, and 40 percent of those districts allow the hiring of long-term substitute teachers. ``SEC. 2352. PURPOSES. ``The purposes of this part are-- ``(1) to give local educational agencies the resources to establish master teacher programs; ``(2) to increase the level of student performance at elementary schools and secondary schools by improving the quality of education provided by the teachers at such schools; ``(3) to give local educational agencies the resources to fund efforts by teachers at elementary schools and secondary schools to become board certified; and ``(4) to give local educational agencies the resources to enable such agencies to provide salary incentives to teachers to become board certified. ``SEC. 2353. DEFINITIONS. ``In this part: ``(1) Board certified.--The term `board certified' means successful completion of all requirements to be certified by the National Board for Professional Teaching Standards. ``(2) Master teacher.--The term `master teacher' means a teacher who is certified by the National Board for Professional Teaching Standards and has been teaching for not less than 3 years. ``(3) Novice teacher.--The term `novice teacher' means a teacher who has been teaching for not more than 3 years at a public elementary school or secondary school. ``SEC. 2354. PROGRAM AUTHORIZED. ``(a) Authority.-- ``(1) In general.--The Secretary is authorized to award grants on a competitive basis to local educational agencies to establish master teacher programs as described in subsection (d). ``(2) Priority.--In awarding grants under paragraph (1), the Secretary shall give priority to local educational agencies that-- ``(A) provide funding assistance to teachers to become board certified, including the provision of the board certification fee to become board certified; and ``(B) provide salary incentives to teachers who become board certified. ``(3) Geographic distribution.--To the maximum extent practicable, the Secretary shall award grants under paragraph (1) so that such grants are distributed among the school districts with the highest concentration of teachers who are not certified or licensed or are provisionally certified or licensed. ``(b) Duration.--A grant under subsection (a) shall be awarded for a period of 5 years. ``(c) Amount.--The amount of a grant awarded under subsection (a), shall be determined based on-- ``(1) the total amount appropriated for a fiscal year under section 2360; and ``(2) the extent of the concentration of teachers who are not certified or licensed or are provisionally certified or licensed in the school district involved. ``(d) Authorized Activities.--The master teacher programs described in subsection (a) shall-- ``(1) provide funding assistance to teachers to become board certified, including the provision of the board certification fee; and ``(2) provide salary incentives to teachers who become board certified. ``SEC. 2355. APPLICATIONS. ``(a) In General.--A local educational agency desiring a grant under section 2354 shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. ``(b) Contents.--Each application submitted pursuant to subsection (a) shall include-- ``(1) a statement describing the program activities for which amounts received under the grant will be used; ``(2) a statement describing the goals and objectives for the program activities described in paragraph (1), including a goal of increasing the percentage of teachers who become board certified and enhancing overall student achievement; and ``(3) a statement describing the manner in which the goals and objectives described in paragraph (2) will be measured. ``(c) Approval of Application.--The Secretary shall make a determination regarding an application submitted under subsection (a) based on a recommendation of a peer review panel described in subsection (d), and any other criteria that the Secretary determines to be appropriate. ``(d) Peer Review Panel.-- ``(1) Establishment.--The Secretary shall establish a peer review panel to review and make recommendations as to whether applications submitted pursuant to subsection (a) should be approved. ``(2) Recommendations.--In making a recommendation described in paragraph (1), the panel shall give consideration to the same factors that the Secretary is required to consider under paragraphs (2) and (3) of section 2354(a). ``SEC. 2356. PAYMENTS. ``(a) In General.--Grant payments shall be made under this part on an annual basis. ``(b) Administrative Costs.--Each local educational agency that receives a grant under section 2354 shall use not more than 2 percent of the amount awarded under the grant for administrative costs. ``(c) Denial of Grant.--If the Secretary determines that a local educational agency has failed to make substantial progress in attaining the performance objectives and goals described in section 2355(b)(2), such an agency shall not be eligible for a grant payment under this part in the next succeeding year. ``SEC. 2357. REPORTS. ``(a) Report by the Secretary.--Not later than 6 months after receipt of reports described in subsection (b), the Secretary shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives a report of program activities funded under this part. ``(b) Report by Applicant.--Not later than March 31, 2004, each local educational agency receiving a grant under this part shall submit a report to the Secretary describing whether the program established under section 2354 was effective in increasing student achievement for all students, and in increasing the percentage of teachers who have become board certified. ``SEC. 2358. MATCHING REQUIREMENT. ``The Secretary may not award a grant to a local educational agency under section 2354 unless the local educational agency agrees that, with respect to costs to be incurred by the agency in carrying out activities for which the grant was awarded, the agency shall provide (directly or through donations from public or private entities) in non- Federal contributions an amount equal to 25 percent of the amount of the grant awarded to the agency. ``SEC. 2359. REPAYMENT OF FUNDS. ``(a) In General.--In the case of any program under this part in which assistance is provided to a teacher to pay the National Board for Professional Teaching Standard board certification fee to become board certified, assistance may only be provided if the teacher makes agreements as follows: ``(1) The teacher will enter and complete the National Board for Professional Teaching Standards board certification program to become board certified. ``(2) Upon becoming board certified, the teacher will teach in the public school system for a period of not less than 5 years. ``(b) Breach of Agreements.--A teacher receiving assistance described in subsection (a) is liable to the local educational agency that provides such assistance for the amount of the certification fee described in subsection (a) if such teacher-- ``(1) voluntarily withdraws or terminates the certification program before taking the examination for board certification; ``(2) is dismissed from the certification program before becoming board certified; or ``(3) fails to comply with the agreement under subsection (a). ``(c) Waiver or Suspension of Liability.--In the case of a teacher making an agreement under subsection (a), the Secretary shall provide for the waiver or suspension of liability under subsection (b) if compliance by the teacher with the agreements involved is impossible, would involve extreme hardship to the individual, or if enforcement of the agreement with respect to the teacher would be unconscionable. ``(d) Date Certain for Recovery.--Subject to subsection (c), any amount that a local educational agency is entitled to recover under subsection (b) shall be paid to such an agency not later than the expiration of the 3-year period beginning on the date the local educational agency becomes so entitled. ``SEC. 2360. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to carry out this part, $50,000,000 for each of the fiscal years 2000 through 2004. ``PART F--COMPETENCY EXAMINATION PROGRAM ``SEC. 2361. COMPETENCY EXAMINATION GRANTS. ``(a) Examination.--The Secretary shall enter into an agreement with the Center for Science, Mathematics, and Engineering of the National Research Council of the National Academy of Sciences, under which the Center shall develop an advanced competency examination for elementary school and secondary school teachers of mathematics and science. ``(b) Grants.--The Secretary may make grants to local educational agencies to assist the agencies in supplementing the salaries of teachers that pass the examination described in subsection (a). A local educational agency that receives such a grant for a year shall provide an additional $2500 in salary for that year to teachers that have passed the examination, and that teach in schools served by the agency. ``(c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this part $10,000,000 for each of fiscal years 2000 through 2004.''. SEC. 3. INFORMATION CAMPAIGN. Title II of the Higher Education Act of 1965 (20 U.S.C. 1021 et seq.) is amended by inserting after section 204 the following: ``SEC. 204A. INFORMATION CAMPAIGN. ``(a) General Authority.--The Secretary may enter into contracts with appropriate entities to conduct information campaigns to broaden awareness of, and encourage mid-career professionals and other qualified individuals to consider, professional opportunities relating to elementary or secondary education. ``(b) Announcements.--Announcements distributed as part of such an information campaign shall publicize the availability of Federal assistance under this Act to obtain the necessary education, and to obtain certification or licensing, for the professional opportunities. ``(c) Requirements.--The provisions of sections 205 and 206 shall not apply to assistance provided under, and activities carried out under, this section. ``(d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2000 through 2004.''.

Summary: (Sec. 2) Revises ESEA title II to authorize the Secretary of Education to make competitive five-year grants to local educational agencies (LEAs) to establish master teacher programs that provide: (1) funding assistance to teachers to become board certified by the National Board for Professional Teaching Standards, including the provision of the board certification fee; and (2) salary incentives to teachers who become board certified. Gives priority to LEAs that already provide such assistance and incentives. Requires the Secretary to establish peer review panels to review LEA applications and make recommendations on which ones should be approved. Requires LEA matching funds. Requires teachers receiving such assistance to: (1) enter and complete the board certification program; and (2) upon becoming board certified, teach in a public school system for at least five years. Authorizes appropriations. Revises ESEA title II to authorize the Secretary to: (1) enter into an agreement with the Center for Science, Mathematics, and Engineering of the National Research Council of the National Academy of Sciences, under which the Center shall develop an advanced competency examination for elementary school and secondary school teachers of mathematics and science; and (2) make grants to LEAs to assist them in supplementing the salaries of teachers that pass such examination. Requires such LEAs to provide an additional $2,500 in salary for each grant year to teachers who have passed the examination and teach in schools served by the LEA. Authorizes appropriations. (Sec. 3) Revises HEA title II to authorize the Secretary to enter into contracts with appropriate entities to conduct information campaigns to broaden awareness of, and encourage mid-career professionals and other qualified individuals to consider, professional opportunities relating to elementary or secondary education. Requires announcements distributed as part of such information campaigns to publicize the availability of Federal assistance under HEA to obtain the necessary education, and to obtain certification or licensing, for such professional opportunities. Makes certain administrative, accountability, and evaluation provisions inapplicable to such contracts and campaigns. Authorizes appropriations.


SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Patient Right to Know Act''. (b) Findings.--Congress finds the following: (1) Patients need access to all relevant information to make appropriate decisions about their health care. (2) Open medical communications between health care providers and their patients is a key to prevention and early diagnosis and treatment, as well as to informed consent and quality, cost-effective care. (3) Open medical communications are in the best interests of patients. (4) Open medical communications must meet applicable legal and ethical standards of care. (5) It is critical that health care providers continue to exercise their best medical, ethical, and moral judgment in advising patients without interference from health plans. (6) The offering and operation of health plans affect commerce among the States. (c) Purpose.--It is the purpose of this Act to establish a Federal standard that protects medical communications between health care providers and patients. SEC. 2. PROHIBITION OF INTERFERENCE WITH CERTAIN MEDICAL COMMUNICATIONS. (a) Prohibition.-- (1) General rule.--The provisions of any contract or agreement, or the operation of any contract or agreement, between an entity operating a health plan (including any partnership, association, or other organization that enters into or administers such a contract or agreement) and a health care provider (or group of health care providers) shall not prohibit or restrict the provider from engaging in medical communications with his or her patient. (2) Nullification.--Any contract provision or agreement described in paragraph (1) shall be null and void. (3) Prohibition on provisions.--Effective on the date described in section 5, a contract or agreement described in paragraph (1) shall not include a provision that violates paragraph (1). (b) Rules of Construction.--Nothing in this Act shall be construed-- (1) to prohibit the enforcement, as part of a contract or agreement to which a health care provider is a party, of any mutually agreed upon terms and conditions, including terms and conditions requiring a health care provider to participate in, and cooperate with, all programs, policies, and procedures developed or operated by a health plan to assure, review, or improve the quality and effective utilization of health care services (if such utilization is according to guidelines or protocols that are based on clinical or scientific evidence and the professional judgment of the provider) but only if the guidelines or protocols under such utilization do not prohibit or restrict medical communications between providers and their patients; or (2) to permit a health care provider to misrepresent the scope of benefits covered under a health plan or to otherwise require the plan to reimburse providers for benefits not covered under the plan (c) Enforcement.-- (1) State authority.--Except as otherwise provided in this subsection, each State shall enforce the provisions of this Act with respect to health insurance issuers that issue, sell, renew, or offer health plans in the State. (2) Enforcement by secretary.-- (A) In general.--Effective on January 1, 1998, if the Secretary, after consultation with the chief executive officer of a State and the insurance commissioner or chief insurance regulatory official of the State, determines that the State has failed to substantially enforce the requirements of this Act with respect to health insurance issuers in the State, the Secretary shall enforce the requirements of this Act with respect to such State. (B) Enforcement through imposition of civil money penalty.-- (i) In general.--With respect to a State in which the Secretary is enforcing the requirements of this Act, an entity operating a health plan in that State that violates subsection (a) shall be subject to a civil money penalty of up to $25,000 for each such violation. (ii) Procedures.--For purposes of imposing a civil money penalty under clause (i), the provisions of subparagraphs (C) through (G) of section 2722(b)(2) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 300gg-22(b)(2)) shall apply except that the provisions of clause (i) of subparagraph (C) of such section shall not apply. (3) Self-insured plans.--Effective on January 1, 1998, the Secretary of Labor shall enforce the requirements of this section in the case of a health plan not subject to State regulation by reason of section 514(b) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1144(b)). (4) Rule of construction.--Nothing in this Act shall be construed to affect or modify the provisions of section 514 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1144). (d) No Preemption of More Protective Laws.--A State may establish or enforce requirements with respect to the protection of medical communications, but only if such requirements are equal to or more protective of such communications than the requirements established under this section. SEC. 3. DEFINITIONS. In this Act: (1) Health care provider.--The term ``health care provider'' means anyone licensed or certified under State law to provide health care services who is operating within the scope of such license. (2) Health insurance issuer.--The term ``health insurance issuer'' has the meaning given such term in section 2791(b)(2) of the Public Health Service Act (as added by the Health Insurance Portability and Accountability Act of 1996). (3) Health plan.--The term ``health plan'' means a group health plan (as defined in section 2791(a) of the Public Health Service Act (as added by the Health Insurance Portability and Accountability Act of 1996)) and any individual health insurance (as defined in section 2791(b)(5)) operated by a health insurance issuer and includes any other health care coverage provided through a private or public entity. In the case of a health plan that is an employee welfare benefit plan (as defined in section 3(1) of the Employee Retirement Income Security Act of 1974), any third party administrator or other person with responsibility for contracts with health care providers under the plan shall be considered, for purposes of enforcement under this section, to be a health insurance issuer operating such health plan. (4) Medical communication.-- (A) In general.--The term ``medical communication'' means any communication made by a health care provider with a patient of the health care provider (or the guardian or legal representative of such patient) with respect to-- (i) the patient's health status, medical care, or legal treatment options; (ii) any utilization review requirements that may affect treatment options for the patient; or (iii) any financial incentives that may affect the treatment of the patient. (B) Misrepresentation.--The term ``medical communication'' does not include a communication by a health care provider with a patient of the health care provider (or the guardian or legal representative of such patient) if the communication involves a knowing or willful misrepresentation by such provider. (5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 4. EFFECTIVE DATE. This Act shall take effect on the date of enactment of this Act, except that section 2(a)(3) shall take effect 180 days after such date of enactment.

Summary: Patient Right to Know Act - Prohibits any contract or agreement, or the operation of any contract or agreement, between an entity operating a health plan (including any partnership, association, or other organization that enters into or administers such a contract or agreement) and a health care provider (or group of health care providers) from prohibiting or restricting the provider from engaging in medical communications with his or her patient. Requires that each State shall enforce this Act with respect to health insurance issuers that sell, renew, or offer health plans in the State. Provides for enforcement of this Act by the Secretary of Health and Human Services if the Secretary, after consultation with the chief executive officer of a State and the insurance commissioner or chief insurance regulatory official of the State, determines that the State has failed to substantially enforce the requirements. Mandates a civil money penalty. Allows State requirements equal to or more protective of medical communications than the requirements of this Act. Defines "medical communication" as being a communication between a provider and a patient (or the patient's guardian or legal representative) regarding the patient's health status, medical care, or legal treatment options.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Urban Entrepreneurial Opportunities Act''. SEC. 2. TAX INCENTIVES FOR URBAN ENTREPRENEURIAL OPPORTUNITY FINANCING SUBSIDIARIES. (a) General Rule.--Part VIII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to special deductions for corporations) is amended by adding at the end thereof the following new subpart: ``Subpart B--Tax Incentives for Urban Entrepreneurial Opportunity Financing Subsidiaries ``Sec. 251. Deduction for equity contributions to urban entrepreneurial opportunity financing subsidiaries. ``Sec. 252. Overall limitation on deductions. ``Sec. 253. Definitions and special rules. ``SEC. 251. DEDUCTION FOR EQUITY CONTRIBUTIONS TO URBAN ENTREPRENEURIAL OPPORTUNITY FINANCING SUBSIDIARIES. ``(a) General Rule.--In the case of a qualified contributing corporation, there shall be allowed as a deduction an amount equal to the equity contributions made by such corporation to an urban entrepreneurial opportunity financing subsidiary of such corporation. Such deduction shall be allowed for the taxable year of the contributing corporation in which the equity contribution is used by the subsidiary in making qualified enterprise zone business loans. ``(b) Limitation.--The amount allowed as a deduction under subsection (a) to any qualified contributing corporation for any taxable year shall not exceed the lesser of-- ``(1) $10,000,000, or ``(2) the portion of the program limitation allocated to such corporation under section 252 to the extent the amount so allocated was not used in a prior taxable year. ``(c) Equity Contribution.--For purposes of this section, the term `equity contribution' means-- ``(1) any amount paid in cash for stock in an urban entrepreneurial opportunity financing subsidiary of the corporation if such stock is acquired at its original issuance, and ``(2) any contribution in cash to the capital of an urban entrepreneurial opportunity financing subsidiary of the corporation. ``(d) Recapture Provisions.-- ``(1) Basis adjustment.--The adjusted basis of any stock held by a corporation in an urban entrepreneurial opportunity financing subsidiary of such corporation shall be reduced by the amount allowed as a deduction under subsection (a) in connection with the acquisition of such stock. No increase in the basis of any such stock shall be made on account of any contribution to the capital of such subsidiary for which a deduction is allowed under subsection (a). ``(2) Ordinary income recapture.--Any gain recognized on the sale or other disposition by a corporation of stock in an urban entrepreneurial opportunity financing subsidiary of such corporation shall be treated as ordinary income. ``(3) Certain events treated as dispositions.--If any urban entrepreneurial opportunity financing subsidiary of a corporation ceases to qualify as an urban entrepreneurial opportunity financing subsidiary with respect to such corporation, such corporation shall recognize gain as if it sold its stock in such subsidiary for an amount equal to its fair market value immediately before such cessation. ``SEC. 252. OVERALL LIMITATION ON DEDUCTIONS. ``(a) General Rule.--The Secretary of Housing and Urban Development shall allocate the program limitation among the qualified contributing corporations submitting applications to such Secretary for allocations under this section. ``(b) Program Limitation.--The program limitation is $250,000,000. ``(c) Method of Making Allocations.--The Secretary of Housing and Urban Development shall prescribe regulations setting forth the procedures for making allocations under this section. Such procedures shall-- ``(1) include the criteria used in selecting the corporations to which the allocations are made, and ``(2) be designed to ensure a reasonable availability, on a geographical basis, of the benefits of this subpart. ``SEC. 253. DEFINITIONS AND SPECIAL RULES. ``(a) Qualified Contributing Corporation.--For purposes of this subpart, the term `qualified contributing corporation' means any domestic corporation which is not a small business concern; except that such term shall not include any corporation predominantly engaged in a banking, insurance, finance, or similar business. ``(b) Urban Entrepreneurial Opportunity Financing Subsidiary.--For purposes of this subpart, the term `urban entrepreneurial opportunity financing subsidiary' means any domestic corporation-- ``(1) all the stock of which (exclusive of directors' qualifying shares) is held directly by one qualified contributing corporation, and ``(2) all the activities of which consist of-- ``(A) making qualified enterprise zone business loans, ``(B) providing management, administrative, consulting, and other support services to qualified small business concerns to which such corporation has made qualified enterprise zone business loans, and ``(C) making temporary investments (for a period not exceeding 6 months) of amounts being held for purposes of making qualified enterprise zone business loans. ``(c) Qualified Enterprise Zone Business Loans.--For purposes of this subpart, the term `qualified enterprise zone business loan' means any loan made by an urban entrepreneurial opportunity financing subsidiary if-- ``(1) such loan is made to a qualified small business concern and such concern is not related (within the meaning of section 267(b) or 707(b)) to such subsidiary or the qualified contributing corporation holding such subsidiary, ``(2) the proceeds of such loan are used by such qualified small business concern in the active conduct of a trade or business in an urban enterprise zone, ``(3) the urban entrepreneurial opportunity financing subsidiary provides (without charge) substantial qualified services to the qualified small business concern in connection with such loan, except that such small business concern may waive the requirements of this paragraph, and ``(4) the interest on such loan does not exceed-- ``(A) in the case of a secured loan, the prime rate plus 3 percentage points, or ``(B) in the case of any other loan, the prime rate plus 8 percentage points. ``(d) Qualified Small Business Concern.--For purposes of this subpart, the term `qualified small business concern' means any person if-- ``(1) such person is a small business concern within the meaning of section 3 of the Small Business Act (15 U.S.C. 632), and ``(2) substantially all of the activities of such person are within an urban enterprise zone. ``(e) Other Definitions and Special Rules.-- ``(1) Urban enterprise zone.--For purposes of this subpart, the term `urban enterprise zone' means-- ``(A) any urban area designated as an enterprise zone under any State law program, and ``(B) any urban area designated as an enterprise zone under Federal law. ``(2) Substantial qualified services.--For purposes of this subpart, the term `substantial qualified services' means, with respect to any loan made by an urban entrepreneurial opportunity financing subsidiary, any management, administrative, consulting, or other support services provided to the borrower under such loan, but only if the amount of such services, to be provided during the first year such loan is outstanding involve at least 1,000 man-hours for each $100,000 principal amount of such loan. ``(3) Prime rate.--For purposes of this subpart-- ``(A) In general.--The term `prime rate' means the average predominant prime rate quoted by commercial banks to large businesses, as determined by the Board of Governors of the Federal Reserve System. ``(B) When determination made.-- ``(i) Except as provided in clause (ii), the determination of the prime rate shall be made as of the time the loan is made. ``(ii) If the loan is a variable rate loan, the prime rate taken into account with respect to any change in rate shall be determined as of the time such change takes effect. ``(4) Treatment of controlled groups.--Any group of corporations treated as a single employer under section 52 (a) or (b) shall be treated as one corporation for purposes of this subpart. ``(f) Employees of Borrower May Be Taken Into Account for Certain Purposes.--If-- ``(1) a qualified contributing corporation has provided financing through an urban entrepreneurial opportunity financing subsidiary to any qualified small business concern, and ``(2) such qualified small business concern designates such subsidiary as its primary lender, such qualified contributing corporation may treat the employees of such qualified small business concern as its own employees for purposes of determining which such qualified contributing corporation is in compliance with the requirements of any Federal law. A qualified small business concern may designate only 1 urban entrepreneurial opportunity financing subsidiary is its primary lender for any period.'' (b) Clerical Amendment.--Part VIII of subchapter B of chapter 1 of such Code is amended by inserting after the part heading the following: ``Subpart A--General provisions. ``Subpart B--Tax incentives for urban entrepreneurial opportunity financing subsidiaries. ``Subpart A--General Provisions''. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act.

Summary: Urban Entrepreneurial Opportunities Act - Amends the Internal Revenue Code to allow a deduction for equity contributions made by a corporation to an urban entrepreneurial opportunity financing subsidiary of such corporation. Requires the subsidiary to use such contribution in making qualified enterprise zone business loans to qualified small business concerns. Establishes an overall program limitation among the contributing corporations to be allocated by the Secretary of Housing and Urban Development.


SECTION 1. ELIGIBILITY OF UNITED STATES NATIONALS FOR ADVANCED TRAINING IN THE SENIOR RESERVE OFFICERS' TRAINING CORPS. Section 2104(b) of title 10, United States Code, is amended-- (1) in paragraph (1), by inserting ``or national'' after ``citizen''; (2) at the end of paragraph (6), by striking ``and''; (3) in paragraph (7), by striking the period and inserting ``; and''; and (4) by adding at the end the following: ``(8) if he is a national but not a citizen of the United States, agree in writing that he will-- ``(A) if he is not a resident of a State (within the meaning of chapter 2 of title III of the Immigration and Nationality Act; 8 U.S.C. 1421-1459), become a resident of a State (within such meaning) before commencing the program for advanced training; and ``(B) file an application for naturalization within 60 days after the later of-- ``(i) the date that he meets the requirements for naturalization in section 316(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1436); or ``(ii) the date that he is accepted into the program for advanced training.''. SEC. 2. ELIGIBILITY OF UNITED STATES NATIONALS FOR FINANCIAL ASSISTANCE AS MEMBERS OF THE SENIOR RESERVE OFFICERS' TRAINING CORPS. (a) General Financial Assistance Program.--Section 2107(b) of title 10, United States Code, is amended-- (1) in paragraph (1), by inserting ``or national'' after ``citizen''; (2) at the end of paragraph (4), by striking ``and''; (3) in paragraph (5), by striking the period and inserting ``; and''; and (4) by adding at the end the following: ``(6) if he is a national but not a citizen of the United States, agree in writing that he will-- ``(A) if he is not a resident of a State (within the meaning of chapter 2 of title III of the Immigration and Nationality Act; 8 U.S.C. 1421-1459) become a resident of a State (within such meaning) before commencing the financial assistance program; and ``(B) file an application for naturalization within 60 days after the later of-- ``(i) the date that he meets the requirements for naturalization in section 316(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1436); or ``(ii) the date that he is accepted into the financial assistance program.''. (b) Army Reserve and Army National Guard Financial Assistance Program.--Section 2107a(b) of title 10, United States Code, is amended-- (1) in paragraph (1), by inserting ``or national'' after ``citizen''; (2) at the end of paragraph (5), by striking ``and''; (3) in paragraph (6), by striking the period and inserting ``; and''; and (4) by adding at the end the following: ``(7) if he is a national but not a citizen of the United States, agree in writing that he will-- ``(A) if he is not a resident of a State (within the meaning of chapter 2 of title III of the Immigration and Nationality Act; 8 U.S.C. 1421-1459), become a resident of a State (within such meaning) before commencing the financial assistance program; and ``(B) file an application for naturalization within 60 days after the later of-- ``(i) the date that he meets the requirements for naturalization in section 316(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1436); or ``(ii) the date that he is accepted into the financial assistance program.''. SEC. 3. CONFORMING AMENDMENT. Section 12102(b)(1) of title 10, United States Code, is amended-- (1) by striking ``or'' the first place such term appears; (2) by inserting a comma after ``United States'' the first place such term appears; and (3) by inserting ``, or is a national of the United States eligible (as provided in sections 2104(b), 2107(b), or 2107a(b) of this title) for advanced training in, or financial assistance as a member of, the Senior Reserve Officers' Training Corps'' after the close parenthesis.

Summary: Makes U.S. nationals eligible for advanced training in the Senior Reserve Officers' Training Corps and for financial assistance as members of the Corps, provided such individuals enter into an agreement requiring: (1) residency within a State before commencement of the advanced training or financial assistance; or (2) application for naturalization within 60 days after either meeting the naturalization requirements or being accepted into the program of advanced training or financial assistance.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Housing Benefits Enhancement Act of 2007''. SEC. 2. HOME IMPROVEMENTS AND STRUCTURAL ALTERATIONS FOR TOTALLY DISABLED MEMBERS OF THE ARMED FORCES BEFORE DISCHARGE OR RELEASE FROM THE ARMED FORCES. Section 1717 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(d)(1) In the case of a member of the Armed Forces who, as determined by the Secretary, has a total disability permanent in nature incurred or aggravated in the line of duty in the active military, naval, or air service, the Secretary may furnish improvements and structural alterations for such member for such disability or as otherwise described in subsection (a)(2) while such member is hospitalized or receiving outpatient medical care, services, or treatment for such disability if the Secretary determines that such member is likely to be discharged or released from the Armed Forces for such disability. ``(2) The furnishing of improvements and alterations under paragraph (1) in connection with the furnishing of medical services described in subparagraph (A) or (B) of subsection (a)(2) shall be subject to the limitation specified in the applicable subparagraph.''. SEC. 3. SPECIALLY ADAPTED HOUSING ASSISTANCE FOR DISABLED VETERANS WITH SEVERE BURNS. Section 2101 of title 38, United States Code, is amended-- (1) in subsection (a)(2), by adding at the end the following new subparagraph: ``(E) The disability is due to a severe burn injury (as determined pursuant to regulations prescribed by the Secretary).''; and (2) in subsection (b)(2)-- (A) by striking ``either'' and inserting ``any''; and (B) by adding at the end the following new subparagraph: ``(C) The disability is due to a severe burn injury (as so determined).''. SEC. 4. REPORT ON SPECIALLY ADAPTED HOUSING FOR DISABLED VETERANS. (a) In General.--Not later than December 31, 2007, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report that contains an assessment of the adequacy of the authorities available to the Secretary under law to assist disabled veterans in acquiring-- (1) suitable housing units with special fixtures or movable facilities required for their disabilities, and necessary land therefor; (2) such adaptations to their residences as are reasonably necessary because of their disabilities; or (3) residences already adapted with special features determined by the Secretary to be reasonably necessary as a result of their disabilities. (b) Focus on Particular Disabilities.--The report required by subsection (a) shall pay particular attention to the needs of veterans who have disabilities that are not described in subsections (a)(2) and (b)(2) of section 2101 of title 38, United States Code. SEC. 5. ELIGIBILITY OF DISABLED VETERANS AND MEMBERS OF THE ARMED FORCES WITH SEVERE BURN INJURIES FOR AUTOMOBILES AND ADAPTIVE EQUIPMENT. Section 3901(1) of title 38, United States Code, is amended-- (1) in subparagraph (A)-- (A) in the matter preceding clause (i), by striking ``or (iii)'' and inserting ``(iii), or (iv)''; and (B) by adding at the end the following new clause: ``(iv) A severe burn injury (as determined pursuant to regulations prescribed by the Secretary); or''; and (2) in subparagraph (B), by striking ``or (iii)'' and inserting ``(iii), or (iv)''. SEC. 6. ADAPTED HOUSING ASSISTANCE FOR DISABLED MEMBERS OF THE ARMED FORCES RESIDING TEMPORARILY IN HOUSING OWNED BY A FAMILY MEMBER. (a) In General.--Subsection (a) of section 2102A of title 38, United States Code, is amended-- (1) by inserting ``(1)'' before ``In the case''; (2) by striking ``disabled veteran who is described in subsection (a)(2) or (b)(2) of section 2101 of this title and'' and inserting ``person described in paragraph (2)''; (3) by striking ``such veteran's'' and inserting ``the person's''; (4) by striking ``the veteran'' and inserting ``the person''; (5) by striking ``the veteran's'' and inserting ``the person's''; and (6) by adding at the end the following new paragraph: ``(2) A person described in this paragraph is-- ``(A) a veteran who is described in subsection (a)(2) or (b)(2) of section 2101 of this title; or ``(B) a member of the Armed Forces who-- ``(i) has, as determined by the Secretary, a disability permanent in nature described in subsection (a)(2) or (b)(2) of section 2101 of this title that has incurred in the line of duty in the active military, naval, or air service; ``(ii) is hospitalized or receiving outpatient medical care, services, or treatment for such disability; and ``(iii) is likely to be discharged or released from the Armed Forces for such disability.''. (b) Conforming Amendments.--Such section is further amended-- (1) in subsection (b), by striking ``veteran'' both places it appears and inserting ``person with a disability''; and (2) in subsection (c), by striking ``veteran'' and inserting ``person''. (c) Report on Assistance for Disabled Veterans and Members of the Armed Forces Who Reside in Housing Owned by Family Member on Permanent Basis.--Not later than December 31, 2007, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the advisability of providing assistance under section 2102A of title 38, United States Code, to veterans and members of the Armed Forces described in subsection (a) of such section, as amended by subsection (a) of this section, who reside with family members on a permanent basis.

Summary: Veterans' Housing Benefits Enhancement Act of 2007 - Authorizes the Secretary of Veterans Affairs, in the case of a member of the Armed Forces determined to have a total disability permanent in nature which was incurred or aggravated in the line of active duty, to furnish home improvements and structural alterations for the member for the disability while the member is hospitalized or receiving outpatient care, medical services, or treatment, if the Secretary determines that the member is likely to be discharged or released from the Armed Forces for such disability. Authorizes the provision of specially adapted housing assistance for: (1) disabled veterans whose disability is due to a severe burn injury; and (2) disabled members residing temporarily in housing owned by a family member. Makes veterans and members with a severe burn disability eligible for automobile and automotive adaptive equipment assistance.