SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on Catastrophic Disaster Risk and Insurance Act of 2006''. SEC. 2. FINDINGS. Congress finds the following: (1) Hurricanes Katrina, Rita, and Wilma, which struck the United States in 2005, caused over $200 billion in total economic losses, including insured and uninsured losses. (2) Although private sector insurance is currently available to spread some catastrophe-related losses throughout the Nation and internationally, most experts believe there will be significant insurance and reinsurance shortages, resulting in dramatic rate increases for consumers and businesses, and the unavailability of catastrophe insurance. (3) The Federal Government has provided and will continue to provide billions of dollars and resources to pay for losses from catastrophes, including hurricanes, volcanic eruptions, tsunamis, tornados, and other disasters, at huge costs to American taxpayers. (4) The Federal Government has a critical interest in ensuring appropriate and fiscally responsible risk management of catastrophes. Mortgages require reliable property insurance, and the unavailability of reliable property insurance would make most real estate transactions impossible. In addition, the public health, safety, and welfare demand that structures damaged or destroyed in a catastrophe be reconstructed as soon as possible. Therefore, the inability of the private sector insurance and reinsurance markets to maintain sufficient capacity to enable Americans to obtain property insurance coverage in the private sector endangers the national economy and the public health, safety, and welfare. (5) Multiple proposals have been introduced in the United States Congress over the past decade to address catastrophic risk insurance, including the creation of a national catastrophic reinsurance fund and the revision of the Federal tax code to allow insurers to use tax-deferred catastrophe funds, yet Congress has failed to act on any of these proposals. (6) To the extent the United States faces high risks from catastrophe exposure, essential technical information on financial structures and innovations in the catastrophe insurance market is needed. (7) The most efficient and effective approach to assessing the catastrophe insurance problem in the public policy context is to establish a bipartisan commission of experts to study the management of catastrophic disaster risk, and to require such commission to timely report its recommendations to Congress so that Congress can quickly craft a solution to protect the American people. SEC. 3. ESTABLISHMENT. There is established a bipartisan Commission on Catastrophic Disaster Risk and Insurance (in this Act referred to as the ``Commission''). SEC. 4. MEMBERSHIP. (a) Members.--The Commission shall be composed of the following: (1) The Director of the Federal Emergency Management Agency or a designee of the Director. (2) The Administrator of the National Oceanic and Atmospheric Administration or a designee of the Administrator. (3) 12 additional members or their designees of whom one shall be-- (A) a representative of a consumer group; (B) a representative of a primary insurance company; (C) a representative of a reinsurance company; (D) an independent insurance agent with experience in writing property and casualty insurance policies; (E) a State insurance regulator; (F) a State emergency operations official; (G) a scientist; (H) a faculty member of an accredited university with experience in risk management; (I) a member of nationally recognized think tank with experience in risk management; (J) a homebuilder with experience in structural engineering; (K) a mortgage lender; and (L) a nationally recognized expert in antitrust law. (b) Manner of Appointment.-- (1) In general.--Any member of the Commission described under subsection (a)(3) shall be appointed only upon unanimous agreement of-- (A) the majority leader of the Senate; (B) the minority leader of the Senate; (C) the Speaker of the House of Representatives; and (D) the minority leader of the House of Representatives. (2) Consultation.--In making any appointment under paragraph (1), each individual described in paragraph (1) shall consult with the President. (c) Eligibility Limitation.--Except as provided in subsection (a), no member or officer of the Congress, or other member or officer of the Executive Branch of the United States Government or any State government may be appointed to be a member of the Commission. (d) Period of Appointment.-- (1) In general.--Each member of the Commission shall be appointed for the life of the Commission. (2) Vacancies.--A vacancy on the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment was made. (e) Quorum.-- (1) Majority.--A majority of the members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (2) Approval actions.--All recommendations and reports of the Commission required by this Act shall be approved only by a majority vote of a quorum of the Commission. (f) Chairperson.--The majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, and the minority leader of the House of Representatives shall jointly select 1 member appointed pursuant to subsection (a) to serve as the Chairperson of the Commission. (g) Meetings.--The Council shall meet at the call of its Chairperson or a majority of its members at any time. SEC. 5. DUTIES OF THE COMMISSION. The Commission shall-- (1) assess-- (A) the condition of the property and casualty insurance and reinsurance markets in the aftermath of Hurricanes Katrina, Rita, and Wilma in 2005, and the 4 major hurricanes that struck the United States in 2004; and (B) the ongoing exposure of the United States to earthquakes, volcanic eruptions, tsunamis, and floods; and (2) recommend and report, as required under section 6, any necessary legislative and regulatory changes that will-- (A) improve the domestic and international financial health and competitiveness of such markets; and (B) assure consumers of the-- (i) availability of adequate insurance coverage when an insured event occurs; and (ii) best possible range of insurance products at competitive prices. SEC. 6. REPORT. (a) In General.--Not later than 90 days after the appointment of Commission members under section 4, the Commission shall submit to the President and the Congress a final report containing a detailed statement of its findings, together with any recommendations for legislation or administrative action that the Commission considers appropriate, in accordance with the requirements of section 5. (b) Considerations.--In developing any recommendations under subsection (a), the Commission shall consider-- (1) the catastrophic insurance and reinsurance market structures and the relevant commercial practices in such insurance industries in providing insurance protection to different sectors of the American population; (2) the constraints and opportunities in implementing a catastrophic insurance system that can resolve key obstacles currently impeding broader implementation of catastrophe risk management and financing with insurance; (3) methods to improve risk underwriting practices, including-- (A) analysis of modalities of risk transfer for potential financial losses; (B) assessment of private securitization of insurances risks; (C) private-public partnerships to increase insurance capacity in constrained markets; and (D) the financial feasibility and sustainability of a national catastrophe pool or regional catastrophe pools designed to provide adequate insurance coverage and increased underwriting capacity to insurers and reinsurers; (4) approaches for implementing a public insurance scheme for low-income communities, in order to promote risk reduction and explicit insurance coverage in such communities; (5) methods to strengthen insurance regulatory requirements and supervision of such requirements, including solvency for catastrophic risk reserves; (6) methods to promote public insurance policies linked to programs for loss reduction in the uninsured sectors of the American population; (7) methods to strengthen the risk assessment and enforcement of structural mitigation and vulnerability reduction measures, such as zoning and building code compliance; (8) the appropriate role for the Federal Government in stabilizing the property and casualty insurance and reinsurance markets, with an analysis-- (A) of options such as-- (i) a reinsurance mechanism; (ii) the modernization of Federal taxation policies; and (iii) an ``insurance of last resort'' mechanism; and (B) how to fund such options; and (9) the merits of the 3 principle legislative proposals currently pending in the 109th Congress, namely: (A) The creation of a Federal catastrophe fund to act as a backup to State catastrophe funds; (B) Tax-deferred catastrophe accounts for insurers; and (C) Tax-free catastrophe accounts for policyholders. SEC. 7. POWERS OF THE COMMISSION. (a) Hearings.--The Commission or, at the direction of the Commission, any subcommittee or member of the Commission, may, for the purpose of carrying out this Act-- (1) hold such public hearings in such cities and countries, sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths or affirmations as the Commission or such subcommittee or member considers advisable; and (2) require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, documents, tapes, and materials as the Commission or such subcommittee or member considers advisable. (b) Issuance and Enforcement of Subpoenas.-- (1) Issuance.--Subpoenas issued under subsection (a) shall bear the signature of the Chairperson of the Commission and shall be served by any person or class of persons designated by the Chairperson for that purpose. (2) Enforcement.--In the case of contumacy or failure to obey a subpoena issued under subsection (a), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court. (3) Confidentiality.-- (A) In general.--Information obtained under a subpoena issued under subsection (a) which is deemed confidential, or with reference to which a request for confidential treatment is made by the person furnishing such information-- (i) shall be exempt from disclosure under section 552 of title 5, United States Code; and (ii) shall not be published or disclosed unless the Commission determines that the withholding of such information is contrary to the interest of the United States. (B) Exception.--The requirements of subparagraph (A) shall not apply to the publication or disclosure of any data aggregated in a manner that ensures protection of the identity of the person furnishing such data. (c) Authority of Members or Agents of the Commission.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this Act. (d) Obtaining Official Data.-- (1) Authority.--Notwithstanding any provision of section 552a of title 5, United States Code, the Commission may secure directly from any department or agency of the United States any information necessary to enable the Commission to carry out the purposes of this Act. (2) Procedure.--Upon request of the Chairperson of the Commission, the head of that department or agency shall furnish the information requested to the Commission. (e) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (f) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, any administrative support services necessary for the Commission to carry out its responsibilities under this Act. (g) Gifts.-- (1) In general.--The Commission may accept, use, and dispose of gifts or donations of services or property. (2) Regulations.--The Commission shall adopt internal regulations governing the receipt of gifts or donations of services or property similar to those described in part 2601 of title 5, Code of Federal Regulations. SEC. 8. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for GS-18 of the General Schedule under section 5332 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (c) Subcommittees.--The Commission may establish subcommittees and appoint persons to such subcommittees as the Commission considers appropriate. (d) Staff.--Subject to such policies as the Commission may prescribe, the Chairperson of the Commission may appoint and fix the pay of such additional personnel as the Chairperson considers appropriate to carry out the duties of the Commission. (e) Applicability of Certain Civil Service Laws.--Subcommittee members and staff of the Commission may be-- (1) appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service; and (2) paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the annual rate of basic pay prescribed for GS-18 of the General Schedule under section 5332 of that title. (f) Experts and Consultants.--In carrying out its objectives, the Commission may procure temporary and intermittent services of consultants and experts under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for GS-18 of the General Schedule under section 5332 of that title. (g) Detail of Government Employees.--Upon request of the Chairperson of the Commission, any Federal Government employee may be detailed to the Commission to assist in carrying out the duties of the Commission-- (1) on a reimbursable basis; and (2) such detail shall be without interruption or loss of civil service status or privilege. SEC. 9. TERMINATION. The Commission shall terminate 60 days after the date on which the Commission submits its report under section 6. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $5,000,000 to carry out the purposes of this Act.

Summary: Commission on Catastrophic Disaster Risk and Insurance Act of 2006 - Establishes a bipartisan Commission on Catastrophic Disaster Risk and Insurance to assess: (1) the condition of the property and casualty insurance and reinsurance markets in the aftermath of Hurricanes Katrina, Rita, and Wilma in 2005, and the four major hurricanes that struck the United States in 2004; (2) the ongoing exposure of the United States to earthquakes, volcanic eruptions, tsunamis, and floods; and (3) recommend and report legislative and regulatory changes that will improve the domestic and international financial health and competitiveness of such markets.


SECTION 1. NATIONAL STANDARDS TO PREVENT DISTRACTED DRIVING. (a) In General.--Chapter 1 of title 23, United States Code, is amended by adding at the end the following: ``Sec. 167. National standards to prevent distracted driving ``(a) Penalty.--On October 1, 2011, and October 1 of each fiscal year thereafter, if a State does not meet the requirement of subsection (b), the Secretary shall withhold from amounts apportioned to the State on that date under each of sections 104(b)(1), 104(b)(3), and 104(b)(4) an amount equal to the amount specified in subsection (c). ``(b) Requirement.-- ``(1) In general.--A State meets the requirement of this subsection if the State has enacted and is enforcing a law that prohibits a person from operating a motor vehicle in the State while the person is using a wireless communications device to compose, read, or send an electronic message, when the vehicle is in motion or part of traffic. ``(2) Exceptions.--Paragraph (1) does not apply if a wireless communications device is used-- ``(A) solely in a voice-activated or other hands- free mode; ``(B) for making a cellular phone call; ``(C) for obtaining emergency assistance to-- ``(i) report a traffic accident, medical emergency, or serious traffic hazard; or ``(ii) prevent a crime about to be committed; ``(D) in the reasonable belief that a person's life or safety is in immediate danger; ``(E) in an authorized emergency vehicle while in the performance of official duties; ``(F) when a motor vehicle is stopped and the driver has the motor vehicle transmission in neutral or park; and ``(G) in other circumstances, as identified by the Secretary by regulation, in which use of a wireless communications device does not adversely affect safety. ``(c) Amount To Be Withheld.--If a State is subject to a penalty under subsection (a), the Secretary shall withhold for a fiscal year from the apportionments of the State described in subsection (a) an amount equal to a percentage of the funds apportioned to the State under each of sections 104(b)(1), 104(b)(3), and 104(b)(4) for fiscal year 2009. The percentage shall be as follows: ``(1) For fiscal year 2012, 2 percent. ``(2) For fiscal year 2013, 4 percent. ``(3) For fiscal year 2014, 6 percent. ``(4) For fiscal year 2015, and each fiscal year thereafter, 8 percent. ``(d) Effect of Compliance and Noncompliance.--If, within 4 years from the date that an apportionment for a State is withheld in accordance with this section, the Secretary determines that the State meets the requirement of subsection (b), the apportionment of the State shall be increased by an amount equal to the amount withheld. If, at the end of such 4-year period, a State does not meet the requirement of subsection (b) any amounts so withheld from the State shall lapse. ``(e) Definitions.--In this section, the following definitions apply: ``(1) Electronic message.-- ``(A) In general.--The term `electronic message' means a self-contained piece of digital communication that is designed or intended to be transmitted between physical devices. ``(B) Inclusions.--The term includes e-mail, a text message, an instant message, a command or request to access a World Wide Web page, or other data that uses a commonly recognized electronic communications protocol. An electronic message does not include voice or other data transmitted as a result of making a phone call, or data transmitted automatically by a wireless communications device without direct initiation by a person. ``(2) Wireless communications device.-- ``(A) In general.--The term `wireless communications device' means-- ``(i) a cellular phone; or ``(ii) a portable electronic device that is capable of receiving and transmitting data, including to text messages and e-mail, without an access line for service. ``(B) Exclusion.--The term does not include a device that is permanently affixed to the vehicle, including a global positioning system or navigation system.''. (b) Clerical Amendment.--The analysis for such chapter is amended by adding at the end the following: ``167. National standards to prevent distracted driving.''.

Summary: Requires the Secretary of Transportation to withhold specified graduated percentages of a state's apportionment of certain federal-aid highway program funds for FY2012-FY2015, and thereafter, if the state has not enacted or is not enforcing a law that prohibits, with specified exceptions, a person from using a wireless communications device to compose, read, or send an electronic message while operating a motor vehicle that is in motion or part of traffic.


SECTION 1. SHORT TITLES. This Act may be cited as the ``Stop Illegal Reentry Act'' or as ``Kate's Law''. SEC. 2. INCREASED PENALTIES FOR REENTRY OF REMOVED ALIEN. Section 276 of the Immigration and Nationality Act (8 U.S.C. 1326) is amended-- (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; (2) by striking subsections (a) and (b) and inserting the following: ``(a) In General.--Subject to subsections (b) and (c), any alien who-- ``(1) has been denied admission, excluded, deported, or removed or has departed the United States while an order of exclusion, deportation, or removal is outstanding; and ``(2) thereafter enters, attempts to enter, or is at any time found in, the United States, unless-- ``(A) prior to the alien's reembarkation at a place outside the United States or the alien's application for admission from foreign contiguous territory, the Secretary of Homeland Security has expressly consented to such alien's reapplying for admission; or ``(B) with respect to an alien previously denied admission and removed, such alien shall establish that the alien was not required to obtain such advance consent under this Act or any prior Act; shall be fined under title 18, United States Code, or imprisoned not more than five years, or both. ``(b) Criminal Penalties for Reentry of Certain Removed Aliens.-- ``(1) In general.--Notwithstanding the penalty provided in subsection (a), and except as provided in subsection (c), an alien described in subsection (a)-- ``(A) who was convicted before such removal or departure of three or more misdemeanors involving drugs, crimes against the person, or both, or a felony (other than an aggravated felony), shall be fined under title 18, United States Code, imprisoned not more than 10 years, or both; ``(B) who has been excluded from the United States pursuant to section 235(c) because the alien was excludable under section 212(a)(3)(B) or who has been removed from the United States pursuant to the provisions of title V, and who thereafter, without the permission of the Secretary of Homeland Security, enters the United States, or attempts to do so, shall be fined under title 18, United States Code, and imprisoned for a period of 10 years, which sentence shall not run concurrently with any other sentence; ``(C) who was removed from the United States pursuant to section 241(a)(4)(B) who thereafter, without the permission of the Secretary of Homeland Security, enters, attempts to enter, or is at any time found in, the United States (unless the Secretary of Homeland Security has expressly consented to such alien's reentry) shall be fined under title 18, United States Code, imprisoned for not more than 10 years, or both; and ``(D) who has been denied admission, excluded, deported, or removed 3 or more times and thereafter enters, attempts to enter, crosses the border to, attempts to cross the border to, or is at any time found in the United States, shall be fined under title 18, United States Code, imprisoned not more than 10 years, or both. ``(2) Removal defined.--In this subsection and subsection (c), the term `removal' includes any agreement in which an alien stipulates to removal during (or not during) a criminal trial under either Federal or State law. ``(c) Mandatory Minimum Criminal Penalty for Reentry of Certain Removed Aliens.--Notwithstanding the penalties provided in subsections (a) and (b), an alien described in subsection (a)-- ``(1) who was convicted before such removal or departure of an aggravated felony; or ``(2) who was convicted at least two times before such removal or departure of illegal reentry under this section; shall be imprisoned not less than five years and not more than 20 years, and may, in addition, be fined under title 18, United States Code.''; and (3) in subsection (d), as redesignated by paragraph (1)-- (A) by striking ``section 242(h)(2)'' and inserting ``section 241(a)(4)''; and (B) by striking ``Attorney General'' and inserting ``Secretary of Homeland Security''.

Summary: Stop Illegal Reentry Act or Kate's Law This bill amends the Immigration and Nationality Act to increase from two years to five years the maximum prison term for an alien who reenters after being denied admission, excluded, deported, or removed. It establishes: a 10-year maximum prison term for an alien who reenters after being denied admission, excluded, deported, or removed on 3 or more prior occasions; and a 5-year mandatory minimum prison term for an alien who reenters after being removed following a conviction for an aggravated felony or following 2 or more prior convictions for illegal reentry.


SECTION 1. SHORT TITLE. This Act may be cited as the ``GI Bill Processing Improvement Act of 2015''. SEC. 2. IMPROVEMENT OF INFORMATION TECHNOLOGY OF THE VETERANS BENEFITS ADMINISTRATION OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) Processing of Certain Educational Assistance Claims.--The Secretary of Veterans Affairs shall, to the maximum extent possible, make such changes and improvements to the information technology system of the Veterans Benefits Administration of the Department of Veterans Affairs to ensure that-- (1) to the maximum extent possible, all original and supplemental claims for educational assistance under chapter 33 of title 38, United States Code, are adjudicated electronically; and (2) rules-based processing is used to make decisions with respect to such claims with little human intervention. (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the changes made pursuant to the requirements of subsection (a). (c) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Veterans Affairs $30,000,000 to carry out this section during fiscal years 2015 and 2016. SEC. 3. APPROVAL OF COURSES OF EDUCATION PROVIDED BY PUBLIC INSTITUTIONS OF HIGHER LEARNING FOR PURPOSES OF ALL- VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM AND POST- 9/11 EDUCATIONAL ASSISTANCE CONDITIONAL ON IN-STATE TUITION RATE FOR VETERANS. (a) Extension of Effective Date.--Section 702(b) of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113-146) is amended by striking ``July 1, 2015'' and inserting ``July 1, 2016''. (b) Technical Amendment.--Section 3679(c)(2)(B) of title 38, United States Code, is amended by striking ``or 3319'' and all that follows and inserting ``of this title or to whom educational assistance is transferred under section 3319 of this title''. SEC. 4. RECODIFICATION AND IMPROVEMENT OF ELECTION PROCESS FOR POST-9/ 11 EDUCATIONAL ASSISTANCE PROGRAM. (a) In General.--Subchapter III of chapter 33 is amended by adding at the end the following new section: ``Sec. 3326. Election to receive educational assistance ``(a) Individuals Eligible To Elect Participation in Post-9/11 Educational Assistance.--An individual may elect to receive educational assistance under this chapter if such individual-- ``(1) as of August 1, 2009-- ``(A) is entitled to basic educational assistance under chapter 30 of the title and has used, but retains unused, entitlement under that chapter; ``(B) is entitled to educational assistance under chapter 107, 1606, or 1607 of title 10 and has used, but retains unused, entitlement under the applicable chapter; ``(C) is entitled to basic educational assistance under chapter 30 of this title but has not used any entitlement under that chapter; ``(D) is entitled to educational assistance under chapter 107, 1606, or 1607 of title 10 but has not used any entitlement under such chapter; ``(E) is a member of the Armed Forces who is eligible for receipt of basic educational assistance under chapter 30 this title and is making contributions toward such assistance under section 3011(b) or 3012(c) of this title; or ``(F) is a member of the Armed Forces who is not entitled to basic educational assistance under chapter 30 of this title by reason of an election under section 3011(c)(1) or 3012(d)(1) of this title; and ``(2) as of the date of the individual's election under this paragraph, meets the requirements for entitlement to educational assistance under this chapter. ``(b) Cessation of Contributions Toward GI Bill.--Effective as of the first month beginning on or after the date of an election under subsection (a) of an individual described by paragraph (1)(E) of that subsection, the obligation of the individual to make contributions under section 3011(b) or 3012(c) of this title, as applicable, shall cease, and the requirements of such section shall be deemed to be no longer applicable to the individual. ``(c) Revocation of Remaining Transferred Entitlement.-- ``(1) Election to revoke.--If, on the date an individual described in paragraph (1)(A) or (1)(C) of subsection (a) makes an election under that subsection, a transfer of the entitlement of the individual to basic educational assistance under section 3020 of this title is in effect and a number of months of the entitlement so transferred remain unutilized, the individual may elect to revoke all or a portion of the entitlement so transferred that remains unutilized. ``(2) Availability of revoked entitlement.--Any entitlement revoked by an individual under this paragraph shall no longer be available to the dependent to whom transferred, but shall be available to the individual instead for educational assistance under chapter 33 of this title in accordance with the provisions of this section. ``(3) Availability of unrevoked entitlement.--Any entitlement described in paragraph (1) that is not revoked by an individual in accordance with that paragraph shall remain available to the dependent or dependents concerned in accordance with the current transfer of such entitlement under section 3020 of this title. ``(d) Post-9/11 Educational Assistance.-- ``(1) In general.--Subject to paragraph (2) and except as provided in subsection (e), an individual making an election under subsection (a) shall be entitled to educational assistance under this chapter in accordance with the provisions of this chapter, instead of basic educational assistance under chapter 30 this title, or educational assistance under chapter 107, 1606, or 1607 of title 10, as applicable. ``(2) Limitation on entitlement for certain individuals.-- In the case of an individual making an election under subsection (a) who is described by paragraph (1)(A) of that subsection, the number of months of entitlement of the individual to educational assistance under this chapter 33 shall be the number of months equal to-- ``(A) the number of months of unused entitlement of the individual under chapter 30 of this title, as of the date of the election, plus ``(B) the number of months, if any, of entitlement revoked by the individual under subsection (c)(1). ``(e) Continuing Entitlement to Educational Assistance Not Available Under 9/11 Assistance Program.-- ``(1) In general.--In the event educational assistance to which an individual making an election under subsection (a) would be entitled under chapter 30 of this title, or chapter 107, 1606, or 1607 of title 10, as applicable, is not authorized to be available to the individual under the provisions of this chapter the individual shall remain entitled to such educational assistance in accordance with the provisions of the applicable chapter. ``(2) Charge for use of entitlement.--The utilization by an individual of entitlement under paragraph (1) shall be chargeable against the entitlement of the individual to educational assistance under this chapter at the rate of one month of entitlement under this chapter for each month of entitlement utilized by the individual under paragraph (1) (as determined as if such entitlement were utilized under the provisions of chapter 30 of this title, or chapter 107, 1606, or 1607 of title 10, as applicable). ``(f) Additional Post-9/11 Assistance for Members Having Made Contributions Toward GI Bill.-- ``(1) Additional assistance.--In the case of an individual making an election under subsection (a) who is described by subparagraph (A), (C), or (E) of paragraph (1) of that subsection, the amount of educational assistance payable to the individual under this chapter 33 as a monthly stipend payable under paragraph (1)(B) of section 3313(c) of this title, or under paragraphs (2) through (7) of that section (as applicable), shall be the amount otherwise payable as a monthly stipend under the applicable paragraph increased by the amount equal to-- ``(A) the total amount of contributions toward basic educational assistance made by the individual under section 3011(b) or 3012(c) of this title, as of the date of the election, multiplied by ``(B) the fraction-- ``(i) the numerator of which is-- ``(I) the number of months of entitlement to basic educational assistance under chapter 30 of this title remaining to the individual at the time of the election; plus ``(II) the number of months, if any, of entitlement under such chapter 30 revoked by the individual under subsection (c)(1); and ``(ii) the denominator of which is 36 months. ``(2) Months of remaining entitlement for certain individuals.--In the case of an individual covered by paragraph (1) who is described by subsection (a)(1)(E), the number of months of entitlement to basic educational assistance remaining to the individual for purposes of paragraph (1)(B)(i)(II) shall be 36 months. ``(3) Timing of payment.--The amount payable with respect to an individual under paragraph (1) shall be paid to the individual together with the last payment of the monthly stipend payable to the individual under paragraph (1)(B) of section 3313(c) of this title, or under subsections (b) through (g) of that section (as applicable), before the exhaustion of the individual's entitlement to educational assistance under this chapter. ``(g) Continuing Entitlement to Additional Assistance for Critical Skills or Speciality and Additional Service.--An individual making an election under subsection (a)(1) who, at the time of the election, is entitled to increased educational assistance under section 3015(d) of this title, or section 16131(i) of title 10, or supplemental educational assistance under subchapter III of chapter 30 of this title, shall remain entitled to such increased educational assistance or supplemental educational assistance in the utilization of entitlement to educational assistance under this chapter, in an amount equal to the quarter, semester, or term, as applicable, equivalent of the monthly amount of such increased educational assistance or supplemental educational assistance payable with respect to the individual at the time of the election. ``(h) Alternative Election by Secretary.-- ``(1) In general.--In the case of an individual who, on or after January 1, 2016, submits to the Secretary an election under this section that the Secretary determines is clearly against the interests of the individual, the Secretary may make an alternative election on behalf of the individual that the Secretary determines is in the best interests of the individual. ``(2) Notice.--If the Secretary makes an election on behalf of an individual under this subsection, the Secretary shall notify the individual by not later than seven days after making such election and shall provide the individual with a 30-day period, beginning on the date of the individual's receipt of such notice, during which the individual may modify or revoke the election made by the Secretary on the individual's behalf. The Secretary shall include, as part of such notice, a clear statement of why the alternative election made by the Secretary is in the best interests of the individual as compared to the election submitted by the individual. The Secretary shall provide the notice required under this paragraph by electronic means whenever possible. ``(i) Irrevocability of Elections.--An election under subsection (a) or (c)(1) is irrevocable.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``3326. Election to receive educational assistance.''. (c) Conforming Repeal.--Subsection (c) of section 5003 of the Post- 9/11 Veterans Educational Assistance Act of 2008 (Public Law 110-252; 38 U.S.C. 3301 note) is hereby repealed. SEC. 5. CENTRALIZED REPORTING OF VETERAN ENROLLMENT BY CERTAIN GROUPS, DISTRICTS, AND CONSORTIUMS OF EDUCATIONAL INSTITUTIONS. (a) In General.--Section 3684(a) of title 38, United States Code, is amended-- (1) in paragraph (1), by inserting ``32, 33,'' after ``31,''; and (2) by adding at the end the following new paragraph: ``(4) For purposes of this subsection, the term `educational institution' may include a group, district, or consortium of separately accredited educational institutions located in the same State that are organized in a manner that facilitates the centralized reporting of the enrollments in such group, district, or consortium of institutions.''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to reports submitted on or after the date of the enactment of this Act. SEC. 6. PROVISION OF INFORMATION REGARDING VETERAN ENTITLEMENT TO EDUCATIONAL ASSISTANCE. (a) In General.--Subchapter II of chapter 36 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 3699. Provision of certain information to educational institutions ``For each veteran or other individual pursuing a course of education that has been approved under this chapter using educational assistance to which the veteran or other individual is entitled under chapter 30, 32, 33, or 35 of this title, the Secretary shall make available to the educational institution offering the course information about the amount of such educational assistance to which the veteran or other individual is entitled. Such information shall be provided to such educational institution through an Internet website and shall be regularly updated to reflect any amounts used by the veteran or other individual.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 3698 the following new item: ``3699. Provision of certain information to educational institutions.''.

Summary: GI Bill Processing Improvement Act of 2015 Directs the Secretary of Veterans Affairs (VA) to alter the information technology system of the Veterans Benefits Administration to ensure that: (1) all claims for post-9/11 educational assistance are electronically adjudicated, to the maximum extent possible; and (2) rule-based processing is used to decide such claims with little human intervention. Changes from July 1, 2015, to July 1, 2016, the effective date of the requirement that the Secretary disapprove, for purposes of the All-Volunteer Force and the Post-9/11 Educational Assistance programs, courses of education provided by a public educational institution of higher education that charges veterans living in the state higher tuition and fees than it charges in-state residents, regardless of the veterans' state of residence. Allows individuals to elect to convert their educational assistance to the post-9/11 veterans' educational assistance program if, as of August 1, 2009, they meet specified conditions with respect to their entitlements and elections under the all-volunteer force educational assistance program or certain other educational programs for professional military, selected reserve, or reserve component members. Conditions such post-9/11 program eligibility on the individual meeting the requirements for the post-9/11 program as of the date of election. Sets forth transitional rules with respect to the transfer or revocation of entitlements from a previous assistance program after an election to convert to the post-9/11 program. Requires certain assistance to remain available to individuals under their previous program if it is not available under the post-9/11 program. Authorizes the Secretary, if an individual submits an election that the Secretary determines is against the interests of the individual, to make an alternative election on the individual's behalf. Allows such individual, during a specified period, to modify or revoke the Secretary's alternative selection. Requires individuals and educational institutions participating in the post-Vietnam era and post-9/11 veterans' educational assistance programs, in addition to those participating in the VA's other educational assistance programs, to report to the Secretary such enrollment and any updates on interruption or termination of the education (thereby making the enrollment reporting requirements for the post-Vietnam and post-9/11 programs consistent with other veterans' educational programs). Defines "educational institution" to permit the inclusion of groups, districts, or consortiums of separately accredited educational institutions in the same state that are organized in a manner facilitating the centralized reporting of enrollments. Directs the Secretary to make available to educational institutions, through an Internet website, information on the amount of educational assistance to which their students are entitled under the all-volunteer force, post-Vietnam era, post-9/11, and survivors' and dependents' educational assistance programs.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Close the Revolving Door Act of 2010''. SEC. 2. LIFETIME BAN ON MEMBERS OF CONGRESS FROM LOBBYING. (a) In General.--Section 207(e)(1) of title 18, United States Code, is amended to read as follows: ``(1) Members of congress.--Any person who is a Senator, a Member of the House of Representatives or an elected officer of the Senate or the House of Representatives and who after that person leaves office, knowingly makes, with the intent to influence, any communication to or appearance before any Member, officer, or employee of either House of Congress or any employee of any other legislative office of the Congress, on behalf of any other person (except the United States) in connection with any matter on which such former Senator, Member, or elected official seeks action by a Member, officer, or employee of either House of Congress, in his or her official capacity, shall be punished as provided in section 216 of this title.''. (b) Conforming Amendment.--Section 207(e)(2) of title 18, United States Code, is amended-- (1) in the caption, by striking ``Officers and staff'' and inserting ``Staff''; and (2) by striking ``an elected officer of the Senate, or''. SEC. 3. CONGRESSIONAL STAFF. Paragraphs (2), (3), (4), (5)(A), and (6)(A) of section 207(e) of title 18, United States Code, is amended by striking ``1 year'' and inserting ``6 years''. SEC. 4. IMPROVED REPORTING OF LOBBYISTS ACTIVITIES. Section 6 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1605) is amended by inserting at the end the following: ``(c) Joint Web Site.-- ``(1) In general.--The Secretary of the Senate and the Clerk of the House of Representatives shall maintain a joint lobbyist disclosure Internet database for information required to be publicly disclosed under this Act which shall be an easily searchable Web site called lobbyists.gov with a stated goal of simplicity of usage. ``(2) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection $100,000 for fiscal year 2011.''. SEC. 5. LOBBYIST REVOLVING DOOR TO CONGRESS. (a) In General.--Any person who is a registered lobbyist or an agent of a foreign principal may not within 6 years after that person leaves such position be hired by a Member or committee of either House of Congress with whom the registered lobbyist or an agent of a foreign principal has had substantial lobbying contact. (b) Waiver.--This section may be waived in the Senate or the House of Representatives by the Committee on Ethics or the Committee on Standards of Official Conduct based on a compelling national need. (c) Substantial Lobbying Contact.--For purposes of this section, in determining whether a registered lobbyist or agent of a foreign principal has had substantial lobbying contact within the applicable period of time, the Member or committee of either House of Congress shall take into consideration whether the individual's lobbying contacts have pertained to pending legislative business, or related to solicitation of an earmark or other Federal funding, particularly if such contacts included the coordination of meetings with the Member or staff, involved presentations to staff, or participation in fundraising exceeding the mere giving of a personal contribution. Simple social contacts with the Member or committee of either House of Congress and staff, shall not by themselves constitute substantial lobbying contacts. SEC. 6. PAYMENT FOR CHARTER FLIGHTS BY CAMPAIGN FUNDS AND DISCLOSURE OF CERTAIN AIR TRAVEL WITH A LOBBYIST BY A SENATOR. (a) Clarification of Rules on Use of Campaign Funds for Flights on Commercial Aircraft.-- (1) In general.--Paragraph (1) of section 313(c) of the Federal Election Campaign Act of 1971 (2 U.S.C. 439a(c)) is amended-- (A) by striking ``a candidate for election for Federal office (other than a candidate who is subject to paragraph (2)), or any authorized committee of such a candidate, may not make any expenditure for a flight on an aircraft'' in the matter preceding subparagraph (A) and inserting ``in the case of a candidate for election to Federal office (other than a candidate who is subject to paragraph (2)), no political committee may make any expenditure for travel by such a candidate, or for travel on behalf of such a candidate, by means of a flight on an aircraft (regardless of whether such travel is in connection with an election for Federal office)'', and (B) by striking ``candidate, the authorized committee, or other'' in subparagraph (B). (2) Effective date.--The amendment made by this subsection shall apply to flights taken on or after the date of the enactment of this Act. (b) Disclosure.--Paragraph 2(e)(1) of rule XXXV of the Standing Rules of the Senate is amended-- (1) in subclause (C), by striking ``and'' after the semicolon; (2) by inserting after subclause (D) the following: ``(E) the source will submit a list of the names of any registered lobbyist or an agent of a foreign principal on the trip not later than 30 days after the trip; and''. SEC. 7. BAN ON LOBBYISTS MAKING CASH CAMPAIGN CONTRIBUTIONS. Section 321 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441g) is amended by-- (1) by striking ``No person'' and inserting the following: ``(a) In General.--Except as provided in subsection (b), no person''; and (2) inserting at the end the following: ``(b) Lobbyist.-- ``(1) Total ban.--If the person described in subsection (a) is a lobbyist, the amount referred to in subsection (a) shall be zero. ``(2) Lobbyist.--In this subsection, the term `lobbyist' shall have the same meaning given such term in section 3(10) of the Lobbying Disclosure Act of 1995.''. SEC. 8. REPORTING BY SUBSTANTIAL LOBBYING ENTITIES. The Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) is amended by inserting after section 6 the following: ``SEC. 6A. REPORTING BY SUBSTANTIAL LOBBYING ENTITIES. ``(a) In General.--A substantial lobbying entity shall file on an annual basis with the Clerk of the House of Representatives and the Secretary of the United States Senate a list of any employee, individual under contract, or individual who provides paid consulting services who is-- ``(1) a former United States Senator or a former Member of the United States House of Representatives; or ``(2) a former congressional staff person who-- ``(A) made at least $100,000 in any 1 year as a congressional staff person; ``(B) worked for a total of 4 years or more as a congressional staff person; or ``(C) had a job title at any time while employed as a congressional staff person that contained any of the following terms: `Chief of Staff', `Legislative Director', `Staff Director', `Counsel', `Professional Staff Member', `Communications Director', or `Press Secretary'. ``(b) Contents of Filing.--The filing required by this section shall contain a brief job description of each such employee, individual under contract, or individual who provides paid consulting services, and an explanation of their work experience under subsection (a) that requires this filing. ``(c) Improved Reporting of Substantial Lobbying Entities.--The Joint Web site being maintained by the Secretary of the Senate and the Clerk of the House of Representatives, known as lobbyists.gov, shall include an easily searchable database entitled `Substantial Lobbying Entities' that includes qualifying employees, individuals under contract, or individuals who provide paid consulting services, under subsection (a). ``(d) Law Enforcement Oversight.--The Clerk of the House of Representatives and the Secretary of the Senate shall provide a copy of the filings of substantial lobbying entities to the District of Columbia United States Attorney, to allow the District of Columbia United States Attorney to determine whether any such entities are underreporting the Federal lobbying activities of its employees, individuals under contract, or individuals who provide paid consulting services. ``(e) Substantial Lobbying Entity.--In this section, the term `substantial lobbying entity' means an incorporated entity that employs more than 3 federally registered lobbyists during a filing period.''. SEC. 9. ENHANCED PENALTIES. Section 7(a) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1606(a)) is amended by striking ``$200,000'' and inserting ``$500,000''.

Summary: Close the Revolving Door Act of 2010 - Amends the federal criminal code to impose a permanent ban (currently, a two-year ban) on lobbying contacts by any former Member of Congress or elected officer of the Senate or the House of Representatives with any Member, officer, or employee of either house of Congress or any employee of any other legislative office. Provides for a six-year lobbying ban (currently, a one-year ban) on former congressional staff. Amends the Lobbying Disclosure Act of 1995 to: (1) require the Secretary of the Senate and the Clerk of the House of Representatives to maintain a joint Internet website for the disclosure of lobbying activity called "lobbyist.gov;" (2) require a substantial lobbying entity (defined as an incorporated entity that employs more than three federally-registered lobbyists during a filing period) to file annually with the Secretary and Clerk a list of any employee or contractor who is a former Member of Congress or congressional staff person who made at least $100,000 in any one year, who worked for a total of four years or more in that capacity, or who had a job title that contained the terms Chief of Staff, Legislative or Staff Director, Counsel, Professional Staff Member, Communications Director, or Press Secretary; (3) require the Secretary and the Clerk to provide a copy of the filings of substantial lobbying entities to the U.S. Attorney for the District of Columbia; and (4) increase from $200,000 to $500,000 the civil penalty for intentional failure to correct a defective filing of lobbying activity. Prohibits any person who is a registered lobbyist or an agent of a foreign principal, within six years after leaving such position, from being hired by a Member or committee of either house of Congress with whom that lobbyist or agent has had substantial lobbying contact, subject to a waiver based on a compelling national need. Amends the Federal Election Campaign Act of 1971 to prohibit: (1) a political committee from making any expenditure or reimbursement for noncommercial air travel by a candidate for federal office; and (2) a lobbyist from making any contribution of U.S. or foreign currency to or for the benefit of any candidate for federal office.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Hydroelectric Licensing Process Improvement Act of 1998''. SEC. 2. FINDINGS. Congress finds that-- (1) hydroelectric power is an irreplaceable source of clean, economic, renewable energy with the unique capability of supporting reliable electric service while maintaining environmental quality; (2) hydroelectric power is the leading renewable energy resource of the United States; (3) hydroelectric power projects provide multiple benefits to the United States, including recreation, irrigation, flood control, water supply, and fish and wildlife benefits; (4) in the next 15 years, the bulk of all non-Federal hydroelectric power capacity in the United States is due to be relicensed by the Federal Energy Regulatory Commission; and (5) the process of licensing hydroelectric projects by the Commission-- (A) has become inefficient, because Federal agencies that participate in the process are not required to submit their mandatory and recommended conditions to the license by a time certain; and (B) does not produce optimal decisions, because the agencies are not required to consider a broad range of factors in determining those conditions. SEC. 3. PURPOSE. The purpose of this Act is to improve the hydroelectric licensing process by-- (1) authorizing the Federal Energy Regulatory Commission to impose deadlines by which Federal agencies must submit proposed mandatory and recommended conditions to a license; (2) requiring the agencies to consider a broad range of factors in determining those conditions and to document the consideration of those factors; and (3) making other improvements to the licensing process. SEC. 4. PROCESS FOR CONSIDERATION BY FEDERAL AGENCIES OF CONDITIONS TO LICENSES. (a) In General.--Part I of the Federal Power Act (16 U.S.C. 791a et seq.) is amended by adding at the end the following: ``SEC. 32. PROCESS FOR CONSIDERATION BY FEDERAL AGENCIES OF CONDITIONS TO LICENSES. ``(a) Definitions.--In this section: ``(1) Condition.--The term `condition' means-- ``(A) a condition to a license for a project on a Federal reservation determined by a consulting agency for the purpose of the first proviso of section 4(e); and ``(B) a prescription relating to the construction, maintenance, or operation of a fishway determined by a consulting agency for the purpose of the first sentence of section 18. ``(2) Consulting agency.--The term `consulting agency' means-- ``(A) in relation to a condition described in paragraph (1)(A), the Federal agency with administrative jurisdiction over the reservation; and ``(B) in relation to a condition described in paragraph (1)(B), the Secretary of the Interior or the Secretary of Commerce, as appropriate. ``(b) Factors To Be Considered.-- ``(1) In general.--In determining a condition, a consulting agency shall take into consideration-- ``(A) the impacts of the condition on-- ``(i) economic and power values; ``(ii) electric generation capacity and system reliability; ``(iii) air quality; and ``(iv) drinking, flood control, irrigation, navigation, or recreation water supply; and ``(B) compatibility with other conditions to be included in the license, including mandatory conditions of other agencies, when available. ``(2) Documentation.-- ``(A) In general.--In the course of the consideration of factors under paragraph (1) and before any review under subsection (e), a consulting agency shall create written documentation detailing, among other pertinent matters, all proposals made, comments received, facts considered, and analyses made regarding each of those factors sufficient to demonstrate that each of the factors was given full consideration in determining the condition to be submitted to the Commission. ``(B) Submission to the commission.--A consulting agency shall include the documentation under subparagraph (A) in its submission of a condition to the Commission. ``(c) Scientific Review.-- ``(1) In general.--Each condition determined by a consulting agency shall be subjected to appropriately substantiated scientific review. ``(2) Data.--For the purpose of paragraph (1), a condition shall be considered to have been subjected to appropriately substantiated scientific review if the review-- ``(A) was based on current empirical data or field- tested data; and ``(B) was subjected to peer review. ``(d) Relationship to Impacts on Federal Reservation.--In the case of a condition for the purpose of the first proviso of section 4(e), each condition determined by a consulting agency shall be directly and reasonably related to the impacts of the project within the Federal reservation. ``(e) Administrative Review.-- ``(1) Opportunity for review.--Before submitting to the Commission a proposed condition, and before a license applicant files a license application with the Commission, a consulting agency shall provide a license applicant an opportunity to obtain expedited review before an administrative law judge or other independent reviewing body of-- ``(A) the reasonableness of the condition in light of the effect that implementation of the condition will have on the energy and economic values of a project; and ``(B) compliance by the consulting agency with the requirements of this section, including the requirement to consider the factors described in subsection (b)(1). ``(2) Completion of review.-- ``(A) In general.--A review under paragraph (1) shall be completed not more than 180 days after the license applicant notifies the consulting agency of the request for review. ``(B) Failure to make timely completion of review.--If a consulting agency does not provide a license applicant a timely opportunity to review a proposed condition, the Commission may treat a condition submitted by the consulting agency as a recommendation is treated under section 10(j). ``(3) Remand.--If the administrative law judge or reviewing body finds that a proposed condition is unreasonable or that the consulting agency failed to comply with any of the requirements of this section, the administrative law judge or reviewing body shall-- ``(A) render a decision that-- ``(i) explains the reasons for a finding that the condition is unreasonable and may make recommendations that the administrative law judge or reviewing body may have for the formulation of a condition that would not be found unreasonable; or ``(ii) explains the reasons for a finding that a requirement was not met and may describe any action that the consulting agency should take to meet the requirement; and ``(B) remand the matter to the consulting agency for further action. ``(4) Submission to the commission.--Following administrative review under this subsection, a consulting agency shall-- ``(A) take such action as the consulting agency determines to be appropriate to formulate a condition that is not unreasonable or to comply with the requirements of this section; and ``(B) include with its submission to the Commission of a proposed condition-- ``(i) the record on administrative review; and ``(ii) documentation of any action taken following administrative review. ``(f) Deadline for Submission of Conditions.-- ``(1) In general.--After an applicant files with the Commission an application for a license, the Commission may set a date by which a consulting agency shall file with the Commission a recommended or established condition. ``(2) Limitation.--Except as provided in paragraph (3), the date for submission shall be not greater than 1 year after the date on which the Commission gives the consulting agency notice that a license application is ready for environmental review. ``(3) Default.--If a consulting agency does not file a recommended or established condition to a license by the date set under paragraph (1)-- ``(A) the consulting agency shall not thereafter have authority to recommend or establish a condition to the license; and ``(B) the Commission may, but shall not be required to, recommend or establish an appropriate condition to the license that-- ``(i) furthers the interest sought to be protected by the provision of law that authorizes the consulting agency to propose or establish a condition to the license; and ``(ii) conforms to the requirements of this Act. ``(4) Extension.--The Commission may make 1 extension, of not more than 30 days, of a deadline set under paragraph (1). ``(g) Economic Analysis By the Commission.--The Commission shall conduct an economic analysis of each condition submitted by a consulting agency to determine whether the condition would render the project uneconomic. ``(h) Commission Determination on Effect of Conditions.--When requested by a license applicant in a request for rehearing, the Commission shall make a written determination on whether a condition submitted by a consulting agency is-- ``(1) in the public interest, as measured by the impact of the condition on the factors described in subsection (b)(1); ``(2) reasonable; ``(3) supported by substantial evidence; and ``(4) consistent with this Act and other terms and conditions to be included in the license.''. (b) Conforming and Technical Amendments.-- (1) Section 4.--Section 4(e) of the Federal Power Act (16 U.S.C. 797(e)) is amended in the first proviso of the first sentence by inserting after ``conditions'' the following: ``, determined in accordance with section 32,''. (2) Section 18.--Section 18 of the Federal Power Act (16 U.S.C. 811) is amended in the first sentence by striking ``prescribed by the Secretary of Commerce'' and inserting ``prescribed, in accordance with section 32, by the Secretary of the Interior or the Secretary of Commerce, as appropriate''. SEC. 5. COORDINATED ENVIRONMENTAL REVIEW PROCESS. Part I of the Federal Power Act (16 U.S.C. 791a et seq.) (as amended by section 3) is amended by adding at the end the following: ``SEC. 33. COORDINATED ENVIRONMENTAL REVIEW PROCESS. ``(a) Lead Agency Responsibility.--The Commission, as the lead agency for environmental reviews under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for projects licensed under this part, shall conduct a single consolidated environmental review for each such project. ``(b) Deadlines.-- ``(1) In general.--The Commission shall set a deadline for the submission of comments by Federal, State, and local government agencies in connection with the preparation of any environmental impact statement or environmental assessment required for a project. ``(2) Considerations.--In setting a deadline under paragraph (1), the Commission shall take into consideration-- ``(A) the need of the license applicant for a prompt and reasonable decision; ``(B) the resources of interested Federal, State, and local government agencies; and ``(C) applicable statutory requirements.''. SEC. 6. STUDY OF SMALL HYDROELECTRIC PROJECTS. (a) In General.--Not later than 18 months after the date of enactment of this Act, the Federal Energy Regulatory Commission shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Commerce of the House of Representatives a study of the feasibility of establishing a separate licensing procedure for small hydroelectric projects. (b) Definition of Small Hydroelectric Project.--The Commission may by regulation define the term ``small hydroelectric project'' for the purpose of subsection (a), except that the term shall include at a minimum a hydroelectric project that has a generating capacity of 5 megawatts or less.

Summary: Hydroelectric Licensing Process Improvement Act of 1998 - Amends the Federal Power Act to prescribe factors which Federal agency participants in Federal Energy Regulatory Commission (FERC) hydroelectric license renewal process (consulting agencies) must consider and document when setting forth conditions for such renewals, including the economic impact of such conditions as well as air quality, flood control, irrigation, navigation, and recreation and drinking water supply. Requires that each condition be subjected to appropriately substantiated scientific peer review based on current empirical data or field-tested data. Requires such consulting agency to provide a license applicant opportunity to obtain expedited administrative review of its proposed conditions before filing a FERC application. Empowers the reviewing body to remand the matter to such agency if the reviewer finds the agency's proposed conditions do not comply with this Act. Sets a one-year deadline by which a consulting agency must file its proposed licensing conditions with FERC. Directs FERC to: (1) conduct an economic analysis of each condition submitted by a consulting agency to determine whether it would render the project uneconomic; (2) conduct a single consolidated environmental review for each licensed project pursuant to its status as lead agency for environmental reviews; and (3) set a deadline for the submission of comments by Federal, State, and local government agencies regarding any environmental impact or assessment required for a project. Instructs FERC to consider the need of license applicants for a prompt decision when setting such deadlines. Directs FERC to study and report to certain congressional committees on the feasibility of establishing a separate licensing procedure for small hydroelectric projects with a generating capacity of five megawatts or less.


SECTION 1. NATIONAL BIOLOGICAL DATA CENTER. (a) In General.--The Secretary of the Interior, acting through the United States Geological Survey, shall-- (1) establish a national biological data center (in this Act referred to as the ``center'') to collect nonhuman biological data and make such data available for public use; and (2) seek to enter into a contract with a small business for the purpose of managing the center. (b) Contract Term.--The contract under subsection (a) shall have a term of 10 years. (c) Entity Selection.-- (1) Competitive procedures.--The Secretary shall use competitive procedures (as defined in section 4(5) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(5))) to enter into the contract under subsection (a). (2) Qualification requirements.--To qualify to participate in the competitive procedures under paragraph (1), a small business shall have-- (A) no more than 500 employees; (B) demonstrated expertise in-- (i) managing scientific and technical information; (ii) implementing scientific information projects; (iii) presenting scientific data in an objective manner; and (iv) managing interagency collaborations related to scientific and technical information; (C) demonstrated involvement with biodiversity information programs and the National Biological Information Infrastructure of the United States Geological Survey (through partnership or other form of collaboration); and (D) a demonstrated ability and willingness to partner with a research university and a national laboratory with expertise in biodiversity and computational sciences. (d) Leadership.--The head of the center shall be appointed by the Secretary, in consultation with the program director of the National Biological Information Infrastructure. (e) Duties of the National Biological Data Center.--The duties of the center shall be determined by the Secretary and shall include, at a minimum, the following activities: (1) Collect nonhuman biological data from Federal, public, private, and nonprofit entities, including-- (A) the National Biological Information Infrastructure; and (B) institutions and organizations that partner with the National Biological Information Infrastructure. (2) Develop partnerships with public and private entities that are nationally recognized for computational capabilities and computer capacity to allow the center to efficiently develop a digital network for the storage and retrieval of data collected under paragraph (1). (3) Develop partnerships with academic and scientific institutions in the United States to increase the quantity of data-- (A) collected under paragraph (1); and (B) made available for public use under paragraph (4). (4) Subject to Federal statutes and regulations relating to the disclosure of information collected under paragraph (1), including statutes and regulations related to intellectual property and section 552 of title 5, United States Code, make available for use by Federal, State, and local governments and members of the public any federally funded data collected under paragraph (1). (5) Make the data described in paragraph (4) available-- (A) through a single electronic search function; or (B) in any case in which such data is not electronically maintained, at a one location. (6) Organize and manage data collected under paragraph (1) in a manner that-- (A) enables efficient and effective use of the data by the public; (B) presents the data in an objective manner; and (C) is consistent with efforts made by the National Biological Information Infrastructure to organize and manage nonhuman biological data for public use. (7) Prepare compilations that combine data from multiple data sets to improve the ease of use of such data sets by Federal, State, and local governments and by members of the public. (8) Conduct public awareness activities that promote the use of the data made available under paragraph (4) for purposes of encouraging-- (A) economic development; (B) the development of public policy (including policy relating to land use, economic development, conservation, and preservation); (C) scientific research; and (D) science, technology, engineering, and mathematics education. (9) Hold an annual conference on nonhuman biological data collection for experts from Federal, State, and local governments and public and private entities for the purpose of providing advice to the head of the center related to improving the performance of the center. (10) Collect fees from State and local governments and members of the public for the use of-- (A) compilations prepared under paragraph (7); and (B) other products produced by the center, except that the center may not collect a fee solely for accessing data collected by the center from another source. (f) Duties of Other Entities.-- (1) In general.--Subject to Federal statutes and regulations relating to the disclosure of information collected under subsection (d)(1), including statutes and regulations related to intellectual property and section 552 of title 5, United States Code, any entity that collects or stores federally funded data on or after the end of the one-year period beginning on the date of enactment of this Act shall submit or make available such data to the center, in a form and manner described in standards published by the center, unless such data has been submitted to the National Biological Information Infrastructure. (2) National biological information infrastructure.-- Subject to Federal statutes and regulations relating to the disclosure of information collected under subsection (d)(1), including statutes and regulations related to intellectual property and section 552 of title 5, United States Code, the National Biological Information Infrastructure shall submit or make available to the center, in a form and manner described in standards published by the center, all federally funded data that it stores or receives. (g) Availability of Fees.--Subject to appropriation, fees collected under subsection (d)(10) shall remain available for use by the center for activities under subsection (d). (h) Reports.-- (1) Annual report to secretary.--Not later than January 1 of each year following the date of enactment of this Act, the head of the center shall submit to the Secretary of the Interior an annual report containing-- (A) information on the activities of the center during the preceding fiscal year and the plans of the center for activities in the current fiscal year; and (B) such additional information as the Secretary may require. (2) Annual report to congress.--Not later than April 1 of each year following the date of enactment of this Act, the Secretary of the Interior shall submit to Congress an annual report on-- (A) information on the activities of the center during the preceding fiscal year and the plans of the center for activities in the current fiscal year; and (B) the administration of the contract entered into under subsection (a). (i) Federally Funded Data Defined.--For purposes of this Act, the term ``federally-funded data'' means nonhuman biological data that is collected, maintained, or stored, in whole or in part, through the use of Federal funds. (j) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $8,000,000 per fiscal year. Amounts appropriated under this subsection shall remain available until expended.

Summary: Directs the Secretary of the Interior, acting through the U.S. Geological Survey, to: (1) establish a National Biological Data Center to collect nonhuman biological data and make such data available for public use; and (2) contract with a small business to manage the Center. Sets forth duties of the Center, including the collection of nonhuman biological data from federal, public, private, and nonprofit entities and the development of partnerships with public and private entities, academic and scientific institutions to allow the Center to develop a digital network for the storage and retrieval of nonhuman biological data.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing America's Facilities, Equipment and Rail: Taking Responsibility for American National Security In Transit Act'' or the ``SAFER TRANSIT Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Nationwide, Americans rely on 6,800 public transportation systems for their daily commute. Every weekday, public transportation riders take 35,000,000 trips. Public transportation significantly improves quality of life, saving Americans who live in areas served by public transportation systems nearly 865,000,000 hours in travel time annually. (2) Increasingly, public transportation is becoming a target of terrorist activity. (3) In 2004, terrorists simultaneously detonated explosives concealed inside backpacks on Madrid's commuter train system, killing 191 and injuring nearly 2000. (4) In 2005, four suicide bombers attacked London's public transportation system, killing 52. (5) In 2011, authorities discovered an improvised explosives device near Amtrak and commuter train tracks. The same year, German police found multiple firebombs alongside high-speed rail tracks and in tunnels leading into train stations. (6) On March 22, 2016, a coordinated terrorist attack targeted both the Brussels Airport and a metro station in the city killing 32 and injuring nearly 300 travelers. (7) According to the Global Terrorism Database, there were 57 terror attacks on transportation from 2006 to 2014. (8) To ensure the continued effectiveness of public transportation, the Federal Government must balance transit system security and accessibility. (9) The Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53), conferred to the Department of Homeland Security the responsibility for assuring public transportation security. (10) A May 2016 report by the Inspector General of the Department of Homeland Security found that the Transportation Security Administration has limited regulatory oversight of Amtrak's passenger security. (11) A May 2016 report by the Government Accountability Office recommended that the Federal Air Marshal Service undertake a number of measures to ensure resources are allocated according to risk assessments. (12) Congress must provide the agencies and municipalities with the necessary resources to combat terrorism, and continue to conduct oversight of their effective use. SEC. 3. RAIL SECURITY. Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security, in coordination with the Office of Management and Budget, shall submit to Congress a report on the plan of the Secretary to expedite the implementation of the requirements of subtitle B of title XV of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1161 et seq.) to-- (1) assign rail carriers to high-risk tiers; and (2) establish a rail security training program. SEC. 4. VISIBLE INTERMODAL PREVENTION AND RESPONSE TEAMS. (a) Authorization of Appropriations.--Section 1303(b) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1112) is amended by striking ``fiscal years 2016 through 2018'' and inserting ``fiscal years 2016 through 2020''. (b) Surface Transportation Security Inspectors.--Section 1304(j) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1113) is amended by striking ``this section'' and all that follows and inserting ``this section such sums as may be necessary for each of fiscal years 2016 through 2020.''. SEC. 5. PUBLIC TRANSPORTATION SECURITY RESEARCH AND DEVELOPMENT. Section 1409(h) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1138) is amended by striking ``to make grants'' and all that follows and inserting ``to carry out this section such sums as may be necessary for each of fiscal years 2016 through 2020.''. SEC. 6. RAILROAD SECURITY. Section 1513(i)(1) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1163) is amended by striking ``Out of funds'' and all that follows and inserting: ``There are authorized to be appropriated to the Secretary to carry out this section such sums as may be necessary for each of fiscal years 2016 through 2020.''. SEC. 7. OVER-THE-ROAD BUS SECURITY ASSISTANCE. Section 1532(k)(1) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1182) is amended by striking ``From amounts'' and all that follows and inserting ``There are authorized to be appropriated to the Secretary to carry out this section such sums as may be necessary for each of fiscal years 2016 through 2020.''. SEC. 8. PUBLIC TRANSIT SECURITY POLICE TRAINING PROGRAM. (a) In General.--The Secretary of Homeland Security shall develop a program, to be known as the ``Local Transit Security Instructor Training Program'', which shall be carried out at the Federal Law Enforcement Training Centers. (b) Contents.--The program developed under subsection (a) shall be an intensive training program designed to-- (1) cover the comprehensive tactical subject matters pertaining to the unique nature of public transit operational environments and threats; (2) provide high-quality training and instill the knowledge, skills, and aptitudes needed for the highest proficiency in transit security; and (3) leverage the existing skills of trainee officers by emphasizing leadership, teach backs, and adult learning as well as the traditional technical skills needed by field training officers. (c) Availability.--The Secretary shall make such program available to law enforcement agencies that are eligible for the Homeland Security Grant Program under section 2002 of the Homeland Security Act of 2002 (6 U.S.C. 603) and have jurisdiction over a geographic area where a public transit system operates rail or bus service. SEC. 9. EFFECTIVENESS OF FEDERAL AIR MARSHAL PROGRAM. The Secretary of Homeland Security shall take such steps as may be necessary to ensure that the Federal Air Marshal Service (hereinafter in this section referred to as the ``FAMS'') uses its resources to cover the highest-risk flights. In carrying out this section, the Secretary shall-- (1) consider risk when determining how to divide the international flight coverage resources of the FAMS among international destinations, incorporate risk into the method of the FAMS for initially setting its annual target numbers of average daily international and domestic flights; (2) conduct and document a risk assessment to further support the domestic resource allocation decisions of the FAMS, including the identification of high-priority geographic areas; (3) in conducting such risk assessment, evaluate the threat environment with regard to each of the different modes of transportation supported by the FAMS to inform resource allocation decisions, including the identification of high- priority modes of transportation; (4) document the rationale for the selection of international destinations by FAMS for air marshal deployment and the proportion of flights to cover at each destination; (5) adopt a consistent name and definition for the performance measure referred to as the TSA coverage score that accurately reflects its calculation method and composite nature; and (6) report the performance results for each of the subcategories that comprise the TSA coverage score to FAMS and TSA leadership. SEC. 10. CBRNE DETECTORS ABOARD PUBLIC TRANSPORTATION. The Secretary of Homeland Security shall direct the Directorate of Science and Technology of the Department of Homeland Security to prioritize research of scalable, cost-effective technology solutions to detect chemical, biological, radiological, nuclear, and explosive threats aboard public transportation of all modes that are capable continuous, real-time sensing and detection of, and alerting passengers and operating personnel to the presence of such a threat.

Summary: Securing America's Facilities, Equipment and Rail: Taking Responsibility for American National Security in Transit Act or the SAFER TRANSIT Act This bill amends the Implementing Recommendations of the 9/11 Commission Act of 2007 to reauthorize through FY2020 the Visible Intermodal Prevention and Response (VIPR) program and other specified activities related to public transportation security. The Department of Homeland Security (DHS) must: (1) develop a Local Transit Security Instructor Training Program, and (2) take steps necessary to ensure that the Federal Air Marshal Service uses its resources to cover the highest-risk flights. DHS shall direct the Directorate of Science and Technology to prioritize research of scalable, cost-effective technology solutions to detect chemical, biological, radiological, nuclear, and explosive threats abroad public transportation that are capable of continuous, real-time detecting of, and alerting passengers and operating personnel to, such threats.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Good Samaritan Charitable Physicians' Services Act of 2018''. SEC. 2. DEDUCTION FOR QUALIFIED CHARITY CARE. (a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 199B. QUALIFIED CHARITY CARE. ``(a) In General.--There shall be allowed as a deduction for the taxable year an amount equal to-- ``(1) in the case of a direct primary care physician, an amount equal to the sum of-- ``(A) the fee (as published on a publicly available website of such physician) for physicians' services that are qualified charity care furnished by such taxpayer during such year, and ``(B) for each visit by a patient to such physician during which qualified charity care is furnished, half of so much of the lowest subscription fee of such physician that is attributable to a month, and ``(2) in the case of any other individual, the unreimbursed Medicare-based value of qualified charity care furnished by such taxpayer during such year. ``(b) Definitions.--For purposes of this section: ``(1) Unreimbursed medicare-based value.--The term `unreimbursed Medicare-based value' means, with respect to physicians' services, the amount payable for such services under the physician fee schedule established under section 1848 of the Social Security Act. ``(2) Qualified charity care.--The term `qualified charity care' means physicians' services that are furnished-- ``(A) without expectation of reimbursement, and ``(B) to an individual enrolled-- ``(i) under a State plan under title XIX of the Social Security Act (or a waiver of such plan), or ``(ii) under a State child health plan under title XXI of the Social Security Act (or a waiver of such plan). ``(3) Direct primary care physician.--The term `direct primary care physician' means a physician (as defined in section 1861(r) of the Social Security Act) who provides primary care-- ``(A) to individuals who have paid a periodic subscription fee, and ``(B) in exchange for a fee that is published on a publicly available website of such physician. ``(4) Physicians' services.--The term `physicians' services' has the meaning given such term by section 1861(q) of the Social Security Act. ``(c) Limitation.--The amount allowed as a deduction under subsection (a) for a taxable year shall not exceed the gross receipts attributable to physicians' services furnished by the taxpayer during the taxable year.''. (b) Clerical Amendment.--The table of sections for part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 199B. Qualified charity care.''. SEC. 3. LIMITATION ON LIABILITY FOR VOLUNTEER HEALTH CARE PROFESSIONALS. (a) In General.--Title II of the Public Health Service Act (42 U.S.C. 202 et seq.) is amended by inserting after section 224 the following: ``SEC. 224A. LIMITATION ON LIABILITY FOR VOLUNTEER HEALTH CARE PROFESSIONALS. ``(a) Limitation on Liability.--A physician shall not be liable under Federal or State law in any civil action for any harm caused by an act or omission of such physician, or attending medical personnel supporting such physician, if such act or omission-- ``(1) occurs in the course of furnishing qualified charity care (as such term is defined in section 199B of the Internal Revenue Code of 1986); and ``(2) was not grossly negligent. ``(b) Preemption.--This section preempts the laws of a State or any political subdivision of a State to the extent that such laws are inconsistent with this section, unless such laws provide greater protection from liability for a defendant. ``(c) Definitions.--In this section: ``(1) Physician.--The term `physician' has the meaning given such term by section 1861(r) of the Social Security Act. ``(2) Attending medical personnel.--The term `attending medical personnel' means an individual who is licensed to directly support a physician in furnishing medical services.''. (b) Effective Date.--The amendments made by this section shall apply to any claim filed to the extent that it is with respect to acts or omissions occurring after the date of the enactment of this Act.

Summary: Good Samaritan Charitable Physicians' Services Act of 2018 This bill amends the Internal Revenue Code to allow a tax deduction for direct primary care physicians who provide charity care. The care must be provided without expectation of reimbursement and to an individual enrolled in Medicaid or the Children's Health Insurance Program (CHIP). A "direct primary care physician" is a physician who provides primary care: (1) to individuals who have paid a periodic subscription fee, and (2) in exchange for a fee that is published on a publicly available website of the physician. The bill also amends the Public Health Service Act to specify that a physician is not liable under federal or state law for harm caused by an act or omission of the physician, or attending medical personnel supporting the physician, if the act or omission: (1) occurs in the course of furnishing charity care, and (2) was not grossly negligent. The bill preempts laws of a state or a political subdivision of the state that are inconsistent with this provision, unless the laws provide greater protection from liability for a defendant.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Relief Act of 2007''. SEC. 2. REFUNDABLE CREDIT FOR HEALTH INSURANCE COSTS OF PREVIOUSLY UNINSURED INDIVIDUALS. (a) Allowance of Credit.-- (1) In general.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable personal credits) is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section: ``SEC. 36. HEALTH INSURANCE COSTS OF PREVIOUSLY UNINSURED INDIVIDUALS. ``(a) Allowance of Credit.--In the case of a previously uninsured individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the amount paid by the taxpayer during such taxable year for health insurance coverage for the taxpayer and the taxpayer's spouse and dependents. ``(b) Limitation.--The amount allowed as a credit under subsection (a) for the taxable year shall not exceed $1,000 ($2,000 in the case of a joint return filed by 2 previously uninsured individuals). ``(c) Definitions.--For purposes of this section-- ``(1) Previously uninsured individual.--The term `previously uninsured individual' means any individual who had no health insurance coverage at any time during the 6-month period before the earliest date that such individual has health insurance coverage by reason of the payments taken into account under subsection (a). ``(2) Health insurance coverage.--The term `health insurance coverage' has the meaning given to such term by section 9832(b)(1). ``(d) Special Rules.-- ``(1) Coordination with other benefits.--The amount which would (but for this paragraph) be taken into account by the taxpayer under sections 35, 162(l), 213, 220, or 223 for the taxable year shall be reduced by the credit allowed by this section to the taxpayer for such year. ``(2) Denial of credit to dependents.--No credit shall be allowed under this section to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins.''. (b) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``, 36,'' after ``35''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the last item and inserting the following: ``Sec. 36. Health insurance costs of previously uninsured individuals. ``Sec. 37. Overpayments of tax.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 3. CREDIT FOR HEALTH INSURANCE EXPENSES OF SMALL BUSINESSES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following: ``SEC. 45O. SMALL BUSINESS HEALTH INSURANCE EXPENSES. ``(a) General Rule.--For purposes of section 38, in the case of a small employer, the health insurance credit determined under this section for the taxable year is an amount equal to 35 percent of the expenses paid by the taxpayer during the taxable year for health insurance coverage for such year provided under a new health plan for employees of such employer. ``(b) Limitations.-- ``(1) Per employee dollar limitation.--The amount of expenses taken into account under subsection (a) with respect to any employee for any taxable year shall not exceed-- ``(A) $800 in the case of self-only coverage, and ``(B) $2,000 in the case of family coverage. In the case of an employee who is covered by a new health plan of the employer for only a portion of such taxable year, the limitation under the preceding sentence shall be an amount which bears the same ratio to such limitation (determined without regard to this sentence) as such portion bears to the entire taxable year. ``(2) Period of coverage.--Expenses may be taken into account under subsection (a) only with respect to coverage for the 4-year period beginning on the date the employer establishes a new health plan. ``(3) Employer must bear 65 percent of cost.--Expenses may be taken into account under subsection (a) only if at least 65 percent of the cost of the coverage (without regard to this section) is borne by the employer. ``(c) Definitions.--For purposes of this section-- ``(1) Health insurance coverage.--The term `health insurance coverage' has the meaning given such term by section 9832(b)(1). ``(2) New health plan.-- ``(A) In general.--The term `new health plan' means any arrangement of the employer which provides health insurance coverage to employees if-- ``(i) such employer (and any predecessor employer) did not establish or maintain such arrangement (or any similar arrangement) at any time during the 2 taxable years ending prior to the taxable year in which the credit under this section is first allowed, and ``(ii) such arrangement provides health insurance coverage to at least 70 percent of the qualified employees of such employer. ``(B) Qualified employee.--The term `qualified employee' means any employee of an employer and shall include a leased employee within the meaning of section 414(n). ``(3) Small employer.--The term `small employer' has the meaning given to such term by section 4980D(d)(2); except that-- ``(A) only qualified employees shall be taken into account, and ``(B) such section shall be applied by substituting `100 employees' for `50 employees'. ``(d) Special Rules.-- ``(1) Certain rules made applicable.--For purposes of this section, rules similar to the rules of section 52 shall apply. ``(2) Amounts paid under salary reduction arrangements.--No amount paid or incurred pursuant to a salary reduction arrangement shall be taken into account under subsection (a). ``(3) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 2008, each dollar amount contained in subsection (b) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2006' for `calendar year 1992' in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $50. ``(e) Termination.--This section shall not apply to expenses paid or incurred by an employer with respect to any arrangement established on or after January 1, 2014.''. (b) Credit To Be Part of General Business Credit.--Section 38(b) of such Code (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting ``, plus'', and by adding at the end the following: ``(32) in the case of a small employer (as defined in section 45O(c)(3)), the health insurance credit determined under section 45O(a).''. (c) Denial of Double Benefit.--Section 280C of such Code is amended by adding at the end the following new subsection: ``(e) Credit for Small Business Health Insurance Expenses.-- ``(1) In general.--No deduction shall be allowed for that portion of the expenses (otherwise allowable as a deduction) taken into account in determining the credit under section 45O for the taxable year which is equal to the amount of the credit determined for such taxable year under section 45O(a). ``(2) Controlled groups.--Persons treated as a single employer under subsection (a) or (b) of section 52 shall be treated as 1 person for purposes of this section.''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following: ``Sec. 45O. Small business health insurance expenses.''. (e) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2007, for arrangements established after the date of the enactment of this Act.

Summary: Health Care Relief Act of 2007 - Amends the Internal Revenue Code to allow: (1) a refundable tax credit up to $1,000 for the health insurance coverage costs of a previously uninsured taxpayer, the taxpayer's spouse, and dependents; and (2) certain small business employers a business tax credit for amounts paid under a new health plan for employee health insurance coverage.