SECTION 1. SHORT TITLE. This Act may be cited as the ``Setting New Priorities in Education Spending Act''. SEC. 2. ELEMENTARY AND SECONDARY EDUCATION PROGRAMS. (a) Repeals.--The following provisions of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) are repealed: (1) Subpart 2 of part B of title I (20 U.S.C. 6371 et seq.; relating to Early Reading First). (2) Subpart 3 of part B of title I (20 U.S.C. 6381 et seq.; relating to the William F. Goodling Even Start Family Literacy programs). (3) Subpart 4 of part B of title I (20 U.S.C. 6383; relating to improving literacy through school libraries). (4) Section 1502 (20 U.S.C. 6492; relating to demonstrations of innovative practices). (5) Section 1504 (20 U.S.C. 6494; relating to the Close Up Fellowship program). (6) Part F of title I (20 U.S.C. 6511 et seq.; relating to comprehensive school reform). (7) Part H of title I (20 U.S.C. 6551 et seq.; relating to school dropout prevention). (8) Section 2151(b) (20 U.S.C. 6651(b); relating to school leadership). (9) Section 2151(c) (20 U.S.C. 6651(c); relating to advanced certification or advanced credentialing). (10) Section 2151(d) (20 U.S.C. 6651(d); relating to special education teacher training). (11) Section 2151(e) (20 U.S.C. 6651(e); relating to early childhood educator professional development). (12) Section 2151(f) (20 U.S.C. 6651(f); relating to teacher mobility). (13) Subpart 2 of part C of title II (20 U.S.C. 6701 et seq.; relating to the National Writing Project). (14) Subpart 4 of part C of title II (20 U.S.C. 6721 et seq.; relating to the teaching of traditional American history). (15) Part D of title II (20 U.S.C. 6751 et seq.; relating to enhancing education through technology). (16) Part B of title III (20 U.S.C. 6891 et seq.; commonly referred to as the ``Improving Language Instruction Educational Programs for Academic Achievement Act''). (17) Section 4003(1) (20 U.S.C. 7103(1); relating to subpart 1 of part A of title IV). (18) Subpart 1 of part A of title IV (20 U.S.C. 7111 et seq.; relating to State grants for safe and drug-free schools and communities). (19) Section 4129 (20 U.S.C. 7139; relating to grants to reduce alcohol abuse). (20) Section 4130 (20 U.S.C. 7140; relating to mentoring programs). (21) Subpart 2 of part D of title V (20 U.S.C. 7245; relating to elementary and secondary school counseling programs). (22) Subpart 3 of part D of title V (20 U.S.C. 7247; relating to partnerships in character education). (23) Subpart 4 of part D of title V (20 U.S.C. 7249; relating to smaller learning communities). (24) Subpart 5 of part D of title V (20 U.S.C. 7251; relating to the Reading is Fundamental--Inexpensive Book Distribution program). (25) Subpart 6 of part D of title V (20 U.S.C. 7253 et seq.; relating to gifted and talented students). (26) Subpart 7 of part D of title V (20 U.S.C. 7255 et seq.; commonly referred to as the ``Star Schools Act''). (27) Subpart 8 of part D of title V (20 U.S.C. 7257 et seq.; relating to the Ready to Teach program). (28) Subpart 9 of part D of title V (20 U.S.C. 7259 et seq.; commonly referred to as the ``Foreign Language Assistance Act of 2001''). (29) Subpart 10 of part D of title V (20 U.S.C. 7261 et seq.; commonly referred to as the ``Carol M. White Physical Education Program''). (30) Subpart 11 of part D of title V (20 U.S.C. 7263 et seq.; relating to community technology centers). (31) Subpart 12 of part D of title V (20 U.S.C. 7265 et seq.; relating to educational, cultural, apprenticeship, and exchange programs for Alaska Natives, Native Hawaiians, and their historical whaling and trading partners in Massachusetts). (32) Subpart 13 of part D of title V (20 U.S.C. 7267 et seq.; commonly referred to as the ``Excellence in Economic Education Act of 2001''). (33) Subpart 14 of part D of title V (20 U.S.C. 7269 et seq.; relating to grants to improve the mental health of children). (34) Subpart 15 of part D of title V (20 U.S.C. 7271; relating to arts in education). (35) Subpart 17 of part D of title V (20 U.S.C. 7275; relating to combatting domestic violence). (36) Subpart 18 of part D of title V (20 U.S.C. 7277 et seq.; relating to healthy, high-performance schools). (37) Subpart 20 of part D of title V (20 U.S.C. 7281 et seq.; relating to additional assistance for certain local educational agencies impacted by Federal property acquisition). (38) Subpart 21 of part D of title V (20 U.S.C. 7283 et seq.; commonly referred to as the ``Women's Educational Equity Act of 2001''). (39) Part B of title VII (20 U.S.C. 7511 et seq.; commonly referred to as the ``Native Hawaiian Education Act''). (40) Part C of title VII (20 U.S.C. 7541 et seq.; commonly referred to as the ``Alaska Native Educational Equity, Support, and Assistance Act''). (b) Conforming Amendments.-- (1) Title i.-- (A) Section 1002.--Section 1002 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6302) is amended-- (i) in subsection (b)-- (I) by striking paragraphs (2) through (4); and (II) by striking the following: ``(b) Reading First.-- ``(1) Reading first.--For'', and inserting the following: ``(b) Reading First.--For''; (ii) in subsection (e)-- (I) by striking paragraph (2); and (II) by striking the following: ``(e) Federal Activities.-- ``(1) Sections 1501 and 1502.--For the purpose of carrying out sections 1501 and 1502,'', and inserting the following: ``(e) Federal Activities.--For the purpose of carrying out section 1501,''; (iii) by striking subsection (f); (iv) by redesignating subsections (g) through (i) as subsections (f) through (h), respectively; (v) by striking subsection (g) (as so redesignated); and (vi) by redesignating subsection (h) (as so redesignated) as subsection (g). (B) Section 1116.--Section 1116(b)(3)(A)(i) of such Act (20 U.S.C. 6316(b)(3)(A)(i)) is amended by striking ``, and may include'' and all that follows through ``part F''. (C) Section 1202.--Section 1202 of such Act (20 U.S.C. 6362) is amended-- (i) in subsection (a)(1), by striking ``section 1002(b)(1)'' and inserting ``section 1002(b)''; and (ii) in subsection (c)(7)(A)(vii), by striking ``, including coordination'' and all that follows through ``where applicable''. (D) Section 1703.--Section 1703 of such Act (20 U.S.C. 6533) is amended by striking ``section 1002(g)'' and inserting ``section 1002(f)''. (2) Title ii.-- (A) Section 2103.--Section 2103 of such Act (20 U.S.C. 6603) is amended-- (i) in subsection (a), by striking ``subpart 5'' and inserting ``section 2151(a)''; and (ii) in subsection (b), by striking ``subpart 5'' and inserting ``section 2151(a)''. (B) Section 2123.--Section 2123(a)(5)(A) of such Act (20 U.S.C. 6623(a)(5)(A)) is amended by striking ``, and are coordinated'' and all that follows through ``part D''. (3) Title iii.--Section 3001 of such Act (20 U.S.C. 6801) is amended-- (A) in subsection (a)-- (i) in paragraph (1), by striking ``, except for subpart 4 of part B''; (ii) by striking paragraph (2); and (iii) by striking the following: ``(a) Authorization of Appropriations.-- ``(1) In general.--Subject'', and inserting the following: ``(a) Authorization of Appropriations.--Subject''; (B) in subsection (b)-- (i) in paragraph (1), by striking ``paragraphs (1) and (2) of''; (ii) by striking paragraph (2); and (iii) by striking the following: ``(b) Conditions on Effectiveness of Parts A and B.-- ``(1) Part a.--Part A'', and inserting the following: ``(b) Conditions on Effectiveness of Part A.--Part A''; and (C) by striking subsection (c). (4) Title iv.--Section 4003 of such Act (20 U.S.C. 7103) (as amended by subsection (a)(17)), is further amended by striking ``appropriated--'' and all that follows through ``such'' and inserting ``appropriated such''. (5) Title vi.--Section 6222(a)(3) of such Act (20 U.S.C. 7351a(a)(3)) is amended by striking ``, as described in part D of title II''. (6) Title ix.-- (A) Section 9101.--Section 9101 of such Act (20 U.S.C. 7801) is amended-- (i) by amending paragraph (13) to read as follows: ``(13) Covered program.--The term `covered program' means each of the programs authorized by-- ``(A) part A of title I; ``(B) part C of title I; ``(C) part D of title I; ``(D) part A of title II; ``(E) part A of title III; ``(F) part A of title IV; ``(G) part B of title IV; ``(H) part A of title V; and ``(I) subpart 2 of part B of title VI.''; and (ii) by amending paragraph (34)(A)(vii)(I) by striking ``(except'' and all that follows through ``part D of title II)''. (B) Section 9501.--Paragraph (1) of section 9501(b) of such Act (20 U.S.C. 7881(b)(1)) is amended to read as follows: ``(1) In general.--This section applies to programs under-- ``(A) subpart 1 of part B of title I; ``(B) part C of title I; ``(C) part A of title II, to the extent provided in paragraph (3); ``(D) part B of title II; ``(E) part A of title III; ``(F) part A of title IV; and ``(G) part B of title IV.''.

Summary: Setting New Priorities in Education Spending Act - Repeals specified provisions of the Elementary and Secondary Education Act of 1965. Lists the repealed provisions as those pertaining to: the Early Reading First program, under subpart 2 of part B of title I; the William F. Goodling Even Start Family Literacy programs, under subpart 3 of part B of title I; improving literacy through school libraries, under subpart 4 of part B of title I; demonstration projects of innovative practices for enabling children to meet state academic content and achievement standards, under part E of title I; the Close Up Fellowship program, under part E of title I; comprehensive school reform, under part F of title I; school dropout prevention, under part H of title I; school leadership, under subpart 5 of part A of title II; advanced certification or advanced credentialing for teachers, under subpart 5 of part A of title II; special education teacher training, under subpart 5 of part A of title II; early childhood educator professional development, under subpart 5 of part A of title II; teacher mobility, under subpart 5 of part A of title II; the National Writing Project, under subpart 2 of part C of title II; the teaching of traditional American history, under subpart 4 of part C of title II; enhancing education through technology, under part D of title II; programs to improve language instruction for limited English proficient children, under part B of title III; state grants for safe and drug-free schools and communities, under subpart 1 of part A of title IV; grants to reduce alcohol abuse, under subpart 2 of part A of title IV; mentoring programs, under subpart 2 of part A of title IV; elementary and secondary school counseling programs, under subpart 2 of part D of title V; partnerships in character education, under subpart 3 of part D of title V; smaller learning communities, under subpart 4 of part D of title V; the Reading is Fundamental--Inexpensive Book Distribution program, under subpart 5 of part D of title V; gifted and talented students, under subpart 6 of part D of title V; the Star Schools program, under subpart 7 of part D of title V; the Ready to Teach program, under subpart 8 of part D of title V; the Foreign Language Assistance program, under subpart 9 of part D of title V; the Carol M. White Physical Education Program, under subpart 10 of part D of title V; community technology centers, under subpart 11 of part D of title V; educational, cultural, apprenticeship, and exchange programs for Alaska Natives, Native Hawaiians, and their historical whaling and trading partners in Massachusetts, under subpart 12 of part D of title V; excellence in economic education, under subpart 13 of part D of title V; grants to improve the mental health of children, under subpart 14 of part D of title V; arts in education, under subpart 15 of part D of title V; combatting domestic violence, under subpart 17 of part D of title V; healthy, high-performance schools, under subpart 18 of part D of title V; additional assistance for certain local educational agencies impacted by federal property acquisition, under subpart 20 of part D of title V; the Women's Educational Equity Act, under subpart 21 of part D of title V; the Native Hawaiian Education program, under part B of title VII; and the Alaska Native Education program, under part C of title VII.


SECTION 1. SHORT TITLE AND DEFINITIONS. (a) Short Title.--This Act may be cited as the ``National Renewable Energy Lands Act of 2002''. (b) Definitions.--For purposes of this Act: (1) The term ``renewable energy'' means electric energy generated by solar, wind, or geothermal power. (2) The term ``candidate sites'' means sites identified under section 4 as candidates for the siting of renewable energy production facilities. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The expedited development and deployment of energy efficiency and renewable energy technologies and resources in the United States will both increase our energy independence and contribute to ensuring our energy security. (2) Renewable energy facilities produce cleaner energy and have much less impact on the environment than conventional energy facilities and fuels in terms of air pollution, acid rain, and greenhouse gases. (3) The United States has abundant solar, wind, and geothermal resources on Federal lands providing, a tremendous potential for the development and deployment of renewable energy power. (4) The use of solar, wind, and geothermal technologies and resources can be enhanced through the use of integrated hydroelectric storage systems. (5) The development and deployment of renewable energy technologies and resources on Federal lands can be done in an expedited fashion consistent with the requirements of the Federal Land Management Policy Act of 1976 and the National Environmental Policy Act of 1969. SEC. 3. EVALUATION OF FEDERAL HYDROELECTRIC FACILITY CANDIDATE SITES. The Secretary of the Interior, acting through the Bureau of Reclamation and the Bureau of Land Management, and in consultation with the Federal Power Marketing Administrations and other appropriate Federal agencies, shall evaluate all Federal hydroelectric facilities on Federal lands and, within 1 year after the enactment of this Act, identify facilities that are candidates for interconnection with potential renewable energy generation facilities. Evaluation criteria to identify candidate facilities shall include-- (1) proximity of the hydroelectric facilities to Federal lands suitable for renewable energy projects; (2) existing transmission capacity infrastructure in proximity to the hydroelectric facilities; (3) the need for, and value of, enhanced peaking power production capability in conjunction with the hydroelectric facilities; (4) the value of increased Department of the Interior ability to address varied multiple-use concerns, such as water resource management, recreational and wildlife uses, deriving from the additional margins of generation potentially provided by collocated renewable energy production facilities; and (5) other criteria to be determined. SEC. 4. EVALUATION OF FEDERAL RENEWABLE ENERGY PRODUCTION CANDIDATE SITES. The Secretary of the Interior, acting through the Bureau of Reclamation and the Bureau of Land Management, and in consultation with the Federal Power Marketing Administrations and other appropriate Federal agencies, shall, within 1 year after the enactment of this Act, evaluate and identify potential renewable energy production sites on Federal lands. Evaluation criteria to identify candidate sites shall include each of the following: (1) Proximity to (A) hydroelectric facilities that are identified under section 3 as candidates for interconnection with potential renewable energy generation facilities, or (B) support infrastructure, including roadways, transmission lines, and other facilities. (2) Topography appropriate for solar, wind, or geothermal generation systems. (3) The absence of cultural or historic resources. (4) The impact of facilities on wildlife including the likelihood of interference with federally listed threatened or endangered species and their habitats. (5) The absence of any other potential impediments to the development of electric energy generation and transmission facilities. Upon completion of the evaluation, the Secretary shall publish a list of the sites that the Secretary finds to be qualified for the location of renewable energy facilities. Such list shall be made available for public comment for a period of at least 90 days. SEC. 5. ENGINEERING FEASIBILITY ANALYSIS. The Secretary of the Interior, acting through the Bureau of Reclamation and the Bureau of Land Management, and in consultation with other appropriate Federal agencies, shall complete an engineering feasibility analysis for sites that are identified under section 4 as candidate sites setting forth each of the following: (1) The capability and cost estimates of additional hydro- related transmission equipment additions (if any) based on pro forma power production increases in 1-percent increments up to a total of 10 percent of the subject hydrofacilities current production capacity. (2) An analysis of the potential financial benefits of coordinated operation of the potential renewable energy facilities located at the candidate sites with hydroelectric facilities on Federal lands. (3) An analysis of the potential environmental benefits to affected aquatic ecosystems arising from improved flexibility in hydrofacility water management attributable to collocated renewable energy systems. SEC. 6. LEASING. (a) In General.--Upon the completion of the engineering feasibility analysis under section 5 of this Act, the Secretary of the Interior, acting through the Director of the Bureau of Land Management, shall expeditiously make the most promising of the candidate sites identified under section 4 available for long-term lease pursuant to a competitive bidding process to qualified renewable energy development firms. In identifying the candidate areas to be made available for leasing under this section, the Secretary shall locate such areas and determine the size of such areas in such manner as will (1) minimize the need for additional rights of way for transmission and for transportation, and (2) provide such lands to enable the lessee to expand the size of any initial facility to be constructed on the lease lands. (b) Advertising.--The Director of the Bureau of Land Management shall publicly advertise the terms and conditions of potential long- term lease agreements for the candidate sites. (c) Request for Proposals.--The Director of the Bureau of Land Management shall prepare a request for proposals to develop the candidate sites identified under section 4. (d) Issuance of Leases.--The leases issued under this section shall be for a period of not less than 30 years. (e) Commencement of Construction and Operation.--As a condition of any lease under this section, the Director of the Bureau of Land Management shall require lessees to commence construction of a renewable energy production facility within 24 months of the signing of the lease and be fully capable of producing electric energy for sale within 36 months of the signing of the lease for the public lands site. SEC. 7. GAO REPORT. The Comptroller General of the United States shall undertake an investigation of, and prepare and submit to the Congress a report on, the existing impediments to the construction of renewable energy projects on Federal lands and the measures, including legislative measures, necessary to expedite the development of such projects. SEC. 8. CONTRACT EXPIRATION. Upon expiration and renegotiation of any contract for the sale of electric energy generated by a Federal hydroelectric facility on Federal land, the interconnection of potential renewable energy sources to such facility shall be evaluated and implemented in accordance with the evaluation criteria as defined in section 3 of this Act.

Summary: National Renewable Energy Lands Act of 2002 - Instructs the Secretary of the Interior, acting through the Bureau of Reclamation and the Bureau of Land Management, to: (1) evaluate all Federal hydroelectric facilities on Federal lands and identify candidates for interconnection with potential renewable energy generation facilities; (2) evaluate and identify renewable energy production candidate sites on Federal lands; (3) complete an engineering feasibility analysis for such sites; and (4) expeditiously make the most promising of the candidate sites available for long-term lease pursuant to a competitive bidding process to qualified renewable energy development firms.Requires the Comptroller General to investigate and report to Congress on the existing impediments to construction of renewable energy projects on Federal lands and the measures necessary to expedite project development.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Employees and Retirees in Municipal Bankruptcies Act of 2014''. SEC. 2. DETERMINATION OF MUNICIPALITY ELIGIBILITY TO BE A DEBTOR UNDER CHAPTER 9 OF TITLE 11 OF THE UNITED STATES CODE. (a) Requirements.--Section 109(c) of title 11, United States Code, is amended-- (1) in paragraph (5)-- (A) in subparagraph (B) by inserting ``(but with respect to creditors who are employees or retirees of such entity, the term `good faith' shall have the same meaning as such term has in the National Labor Relations Act)'' after ``creditors'' the first place it appears, (B) in subparagraph (C) by striking ``impracticable'' and inserting ``impossible'', and (C) in subparagraph (D) by striking the period at the end and inserting a semicolon, and (2) by adding at the end the following: ``and establishes by clear and convincing evidence that it satisfies the requirements of this subsection.''. (b) Repeal of Limitation on Authority To Issue Stay Pending Appeal.--The first sentence of section 921(e) of title 11, United States Code, is amended by striking ``; nor'' and all that follows through ``appeal''. (c) Direct Immediate Appeal to Court of Appeals.--Section 158(d) of title 28, United States Code, is amended by adding at the end the following: ``(3) The appropriate court of appeals shall have jurisdiction of an appeal of a determination made by a bankruptcy court under section 109(c) of title 11 that an entity is eligible to be a debtor under chapter 9 of title 11 and shall consider and determine such appeal on an expedited basis. Such appeal shall be a direct appeal to be reviewed and heard de novo on the merits. The doctrine of equitable mootness shall not apply to appeals under this paragraph.''. SEC. 3. PROTECTING EMPLOYEES AND RETIREES. Section 943 of title 11, United States Code, is amended-- (1) in subsection (b)-- (A) in paragraph (6) by striking ``and'' at the end, (B) by redesignating paragraph (7) as paragraph (8), and (C) by inserting after paragraph (6) the following: ``(7) in a case in which the plan modifies a collective bargaining agreement, or modifies a retiree benefit, including an accrued pension, retiree health, or other retirement benefit otherwise protected by State or municipal law, or a retiree benefit as defined in section 1114(a), in any manner otherwise prohibited by nonbankruptcy law, the authorized representative of the employees covered by such agreement, or the authorized representative of individuals receiving the retiree benefits, as the case may be, agrees to the plan; and'', and (2) by adding at the end the following: ``(c)(1) For purposes of this section, and except as provided in paragraphs (2) and (3), the authorized representative of those individuals receiving any retiree benefit covered by any collective bargaining agreement shall be the labor organization that is signatory to such agreement unless such organization no longer represents active employees in the bargaining unit the retirees belonged to when they were active employees. In such case, the labor organization that currently represents active employees in that bargaining unit shall be the authorized representative of such individuals. ``(2) Paragraph (1) shall not apply if-- ``(A) such labor organization elects not to serve as the authorized representative of such individuals; or ``(B) the court, upon a motion by a party in interest, after notice and hearing, determines that different representation of such individuals is appropriate. ``(3) In a case in which the labor organization referred to in paragraph (2) elects not to serve as the authorized representative of those individuals receiving any retiree benefits covered by any collective bargaining agreement to which that labor organization is signatory, or in a case where the court, pursuant to paragraph (2) finds different representation of such individuals appropriate, the court, upon a motion by a party in interest, and after notice and a hearing, shall order the United States trustee to appoint a committee of retired employees if the debtor seeks to modify or not pay the retiree benefits or if the court otherwise determines that it is appropriate, from among such individuals, to serve as the authorized representative of such individuals under this section. The party requesting such relief has the burden of proof. ``(d) For retired employees not covered by a collective bargaining agreement, the court, upon a motion by a party in interest, and after notice and a hearing, shall issue an order requiring the United States trustee to appoint a committee of retired employees if the debtor seeks to modify or not pay the retiree benefits, or if the court otherwise determines that it is appropriate, to serve as the authorized representative under this section of such employees. Such party has the burden of proof with respect to such motion. ``(e) To comply with an order issued under subsection (c)(3) or (d), notwithstanding any other provision of this chapter, the United States trustee shall appoint, on a proportional basis per capita based on organization membership, individuals chosen from among members of organizations that represent the retirees with respect to whom such order is entered. ``(f) Members of a committee appointed under subsection (c)(3) or (d) may not recommend modification of any right to a retiree benefit unless not less than \2/3\ of such members vote in support of such recommendation.''.

Summary: Protecting Employees and Retirees in Municipal Bankruptcies Act of 2014 - Amends federal bankruptcy law with respect to the requirement for a municipality to be a debtor under Chapter 9 (Adjustment of Debts of a Municipality) that the municipality has negotiated in good faith with creditors and failed to obtain the agreement of those holding at least a majority in amount of the claims of each class that the municipality intends to impair under a plan. Requires that, with respect to creditors who are the municipality's employees or retirees, "good faith" has the same meaning as it does in the National Labor Relations Act. Requires the municipality also to establish by clear and convincing evidence that it satisfies all eligibility criteria. Repeals the limitation placed upon on court authority to issue a stay pending an appeal of an order for relief. Amends the Judicial Code to confer upon the appropriate court of appeals jurisdiction of any appeal of a bankruptcy court determination that an entity is eligible to be a municipal debtor. Requires the appellate court to consider and determine such appeal on an expedited basis as a direct appeal, which shall be reviewed and heard de novo on the merits. Requires the court to confirm the bankruptcy plan of a municipality which modifies a collective bargaining agreement or a retiree benefit in any manner otherwise prohibited by nonbankruptcy law if the plan is agreed to by the authorized representative of either the employees covered by collective bargaining or the individuals receiving the retiree benefits. Designates the labor organization signatory to a collective bargaining agreement as the authorized representative of individuals receiving retiree benefits covered by that agreement. Sets forth procedures for court appointment of an authorized representative if a labor organization elects not to serve as one, or if the retired employees are not covered by a collective bargaining agreement.


SECTION 1. MODIFICATIONS OF REPORTING REQUIREMENTS FOR CERTAIN STATE AND LOCAL POLITICAL ORGANIZATIONS. (a) Notification.--Paragraph (5) of section 527(i) of the Internal Revenue Code of 1986 (relating to organizations must notify Secretary that they are section 527 organizations) is amended by striking ``or'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, or'', and by adding at the end the following: ``(C) which is a political committee of a State or local candidate, or a local committee of a political party, as defined by State law.''. (b) Exemption for Certain State and Local Political Committees From Reporting Requirements.-- (1) In general.--Paragraph (5) of section 527(j) of such Code (relating to required disclosures of expenditures and contributions) is amended by redesignating subparagraphs (C), (D), and (E) as subparagraphs (D), (E), and (F), respectively, and by inserting after subparagraph (B) the following new subparagraph: ``(C) to any organization which is an exempt State or local political organization,''. (2) Exempt state or local political organization.-- Subsection (e) of section 527 of such Code (relating to other definitions) is amended by adding at the end the following new paragraph: ``(5) Exempt state or local political organization.-- ``(A) In general.--The term `exempt State or local political organization' means a political organization-- ``(i) which does not engage in any exempt function other than to influence or to attempt to influence the selection, nomination, election, or appointment of any individual to any State or local public office or office in a State or local political organization, ``(ii) which is subject to State or local requirements to submit reports containing information-- ``(I) regarding individual expenditures from and contributions to such organization, and ``(II) regarding the person who makes such contributions or receives such expenditures, which is substantially similar to the information which would otherwise be required to be reported under this section, and ``(iii) with respect to which the reports referred to in clause (ii) are made public by the agency with which such reports are filed and are publicly available for inspection in a manner similar to that required by section 6104(d)(1). ``(B) Participation of federal candidate or office holder.--The term `exempt State or local political organization' shall not include any organization otherwise described in subparagraph (A) if a candidate for nomination or election to Federal elective office or an individual who holds such office-- ``(i) controls or materially participates in the direction of the organization, or ``(ii) directs, in whole or in part, expenditures or fundraising activities of the organization.''. (c) Annual Return Requirements.-- (1) Income tax returns required only where political organization taxable income.--Paragraph (6) of section 6012(a) of such Code (relating to general rule of persons required to make returns of income) is amended by striking ``or which has gross receipts of $25,000 or more for the taxable year (other than an organization to which section 527 applies solely by reason of subsection (f)(1) of such section)''. (2) Information returns.--Subsection (g) of section 6033 of such Code (relating to returns required by political organizations) is amended to read as follows: ``(g) Returns Required by Political Organizations.-- ``(1) In general.--Every political organization (within the meaning of section 527(e)(1)), and every fund treated under section 527(g) as if it constituted a political organization, which has gross receipts of $25,000 or more for the taxable year shall file a return-- ``(A) containing the information required, and complying with the other requirements, under subsection (a)(1) for organizations exempt from taxation under section 501(a), and ``(B) containing such other information as the Secretary deems necessary to carry out the provisions of this subsection. ``(2) Exceptions from filing.-- ``(A) Mandatory exceptions.--Paragraph (1) shall not apply to an organization-- ``(i) which is an exempt State or local political organization (as defined in section 527(e)(5)), ``(ii) which is a State or local committee of a political party, or political committee of a State or local candidate, as defined by State law, ``(iii) which is a caucus or association of State or local elected officials, ``(iv) which is a national association of State or local officials, ``(v) which is an authorized committee (as defined in section 301(6) of the Federal Election Campaign Act of 1971) of a candidate for Federal office, ``(vi) which is a national committee (as defined in section 301(14) of the Federal Election Campaign Act of 1971) of a political party, or ``(vii) to which section 527 applies for the taxable year solely by reason of subsection (f)(1) of such section. ``(B) Discretionary exception.--The Secretary may relieve any organization required under paragraph (1) to file an information return from filing such a return where he determines that such filing is not necessary to the efficient administration of the internal revenue laws.''. (d) Waiver of Penalties.--Section 527 of such Code is amended by adding at the end the following: ``(k) Authority To Waive.--The Secretary may waive all or any portion of the-- ``(1) tax assessed on an organization by reason of the failure of the organization to give notice under subsection (i), or ``(2) penalty imposed under subsection (j) for a failure to file a report, on a showing that such failure was due to reasonable cause and not due to willful neglect.''. (e) Effective Date.--The amendments made by this section shall take effect as if included in the amendments made by Public Law 106-230. SEC. 2. NOTIFICATION OF INTERACTION OF REPORTING REQUIREMENTS. (a) In General.--The Secretary of the Treasury, in consultation with the Federal Election Commission, shall publicize information on-- (1) the effect of the amendments made by this Act, and (2) the interaction of requirements to file a notification or report under section 527 of the Internal Revenue Code of 1986 and reports under the Federal Election Campaign Act of 1971. (b) Information.--Information provided under subsection (a) shall be included in any appropriate form, instruction, notice, or other guidance issued to the public by the Secretary of the Treasury or the Federal Election Commission regarding reporting requirements of political organizations (as defined in section 527 of the Internal Revenue Code of 1986) or reporting requirements under the Federal Election Campaign Act of 1971. SEC. 3. TECHNICAL CORRECTIONS TO SECTION 527 ORGANIZATION DISCLOSURE PROVISIONS. (a) Unsegregated Funds Not To Avoid Tax.--Paragraph (4) of section 527(i) of the Internal Revenue Code of 1986 (relating to failure to notify) is amended by adding at the end the following new sentence: ``For purposes of the preceding sentence, the term `exempt function income' means any amount described in a subparagraph of subsection (c)(3), whether or not segregated for use for an exempt function.''. (b) Procedures for Assessment and Collection of Penalty.--Paragraph (1) of section 527(j) of such Code (relating to required disclosure of expenditures and contributions) is amended by adding at the end the following new sentence: ``For purposes of subtitle F, the penalty imposed by this paragraph shall be assessed and collected in the same manner as penalties imposed by section 6652(c).''. (c) Application of Fraud Penalty.--Section 7207 of such Code (relating to fraudulent returns, statements, and other documents) is amended by striking ``pursuant to subsection (b) of section 6047 or pursuant to subsection (d) of section 6104'' and inserting ``pursuant to section 6047(b), section 6104(d), or subsection (i) or (j) of section 527''. (d) Duplicate Electronic and Written Filings Not Required.-- (1) Subparagraph (A) of section 527(i)(1) of such Code is amended by striking ``, electronically and in writing,''. (2) Subsection (i) of section 527 of such Code is amended by adding at the end the following new paragraph: ``(7) Electronic filing.--The Secretary shall develop procedures for submission in electronic form of notices required to be filed under this subsection and reports required to be filed under subsection (j).''. (e) Effective Dates.-- (1) Subsections (a) and (b).--The amendments made by subsections (a) and (b) shall apply to failures occurring on or after the date of the enactment of this Act. (2) Subsections (c) and (d).--The amendments made by subsections (c) and (d) shall take effect as if included in the amendments made by Public Law 106-230.

Summary: Amends the Internal Revenue Code to: (1) exempt State and local candidate committees, as well as local committees of political parties, from specified notification requirements; (2) exempt certain State and local political organizations from specified reporting requirements; (3) remove language dictating that certain political organizations with gross receipts of $25,000 or more for a taxable year and specified political newsletter funds with such receipts shall file income tax returns; (4) mandate that, with certain designated exceptions, every political organization with gross receipts of $25,000 or more for a taxable year and specified political newsletter funds with such receipts file information returns with specified information including income, receipts and disbursements, as well as facts deemed necessary by the Secretary of the Treasury; (5) authorize the Secretary to waive certain related penalties; and (6) amend related penalty provisions.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening the Health Care Safety Net Act of 2009''. SEC. 2. APPLICATION OF UNEXPENDED MEDICAID DSH ALLOTMENTS FOR INCREASED ALLOTMENTS FOR LOW DSH STATES AND FOR HEALTH NETWORK ACCESS GRANTS. (a) Establishment of DSH Redistribution Pool From Unexpended Medicaid DSH Allotments.--Subsection (f) of section 1923 of the Social Security Act (42 U.S.C. 1396r-4) is amended-- (1) by redesignating paragraph (7) as paragraph (8); and (2) by inserting after paragraph (6) the following new paragraph: ``(7) DSH redistribution pool from portion of unexpended dsh allotments to fund increase in allotments for low dsh states and health network access grants.-- ``(A) Establishment.--There is established a DSH redistribution pool in the amount provided under this paragraph. Such amount shall be determined by the Secretary at the beginning of each fiscal year and the Secretary may adjust such amount in subsequent fiscal years to take into account errors in estimates made for previous fiscal years. The amount in such pool shall be available for obligation and expenditure without fiscal year limitation. ``(B) Addition of unexpended dsh allotments.--At the beginning of each fiscal year (beginning with fiscal year 2010), there shall be added to the DSH redistribution pool an amount equal to the amount by which-- ``(i) the total of the DSH allotments for all States for the third preceding fiscal year; exceeded ``(ii) the total Federal financial participation under this title attributable to such allotments for such fiscal year. ``(C) Reduction for expenditures resulting from increased allotments for low dsh states and for health network access grants.--At the beginning of each fiscal year (beginning with fiscal year 2011), there shall be subtracted from the DSH redistribution pool an amount equal to the sum of-- ``(i) the aggregate increase in Federal financial participation under this title attributable to the amendments made by section 2(b) of the Strengthening the Health Care Safety Net Act of 2009 for the previous fiscal year; and ``(ii) the amount obligated on grants under subsection (k) for such previous fiscal year.''. (b) Increase in DSH Allotments for Low DSH States; Qualification of Low DSH States Based on Fiscal Year 2005 Data.--Subsection (f)(5) of such section is amended-- (1) in subparagraph (B)-- (A) by striking ``and'' at the end of clause (ii); (B) in clause (iii)-- (i) by striking ``2009'' and inserting ``2015''; (ii) by inserting ``, subject to subparagraph (D),'' after ``shall be''; and (iii) by redesignating such clause as clause (iv); and (C) by inserting after clause (ii) the following new clause: ``(iii) each succeeding fiscal year before fiscal year 2015 shall be, subject to subparagraph (D), the DSH allotment for the State for the previous fiscal year increased by 16 percent; and''; and (2) by adding at the end the following new subparagraphs: ``(C) Additional states covered for fiscal year 2010 and subsequent years.--In the case of a State not described in subparagraph (B) in which the total expenditures under the State plan (including Federal and State shares) for disproportionate share hospital adjustments under this section for fiscal year 2005, as reported to the Administrator of the Centers for Medicare & Medicaid Services as of August 31, 2008, is greater than 0 but less than 3 percent of the State's total amount of expenditures under the State plan for medical assistance during the fiscal year, the DSH allotment for the State with respect to-- ``(i) fiscal year 2010 and any succeeding fiscal year before fiscal year 2015 shall be, subject to subparagraph (D), the DSH allotment for the State for the previous fiscal year increased by 16 percent; and ``(ii) any subsequent fiscal year shall be, subject to subparagraph (D), the DSH allotment for the State for the previous fiscal year subject to an increase for inflation as provided in paragraph (3)(A). ``(D) Limitation on increases to amount available from dsh redistribution pool.--If the Secretary estimates for a fiscal year (beginning with fiscal year 2010) that-- ``(i) the amount of additional expenditures in the fiscal year resulting from the application of an increase in DSH allotments under subparagraphs (B) and (C) beginning with fiscal year 2010 of 16 percent (instead of the application of an increase for inflation as provided in paragraph (3)(A)), exceeds ``(ii) the amount available for obligation from the DSH redistribution pool under paragraph (7) for the fiscal year, the Secretary shall reduce the increase in the DSH allotments otherwise provided under such subparagraphs for the fiscal year in a pro-rata manner so that the amount of additional expenditures in the fiscal year resulting from the application of such subparagraphs is equal to the amount described in clause (ii) for the fiscal year. A reduction in a DSH allotment for a State under this subparagraph shall not affect the computation of the DSH allotment for the State under subparagraph (B) or (C) for the subsequent fiscal year.''. (c) Demonstration Grants to Health Access Networks.--Such section is further amended by adding at the end the following new subsection: ``(k) Demonstration Grants to Health Access Networks.-- ``(1) In general.--From the amount of funds made available under paragraph (6)(A) of this subsection from funds made available under subsection (d)(7) for a fiscal year, the Secretary shall award demonstration grants under this subsection to health access networks for such fiscal year for the purpose of improving access, quality, and continuity of care for uninsured individuals through better coordination of care by the network. ``(2) Health access network defined.-- ``(A) In general.--In this subsection, the term `health access network' means an entity representing a collection of safety net providers, including hospitals, community health centers, public health departments, physicians, safety net health plans, federally qualified health centers, or other recognized safety net providers, that-- ``(i) is organized for the purpose of restructuring and improving the access, quality, and continuity of care to the uninsured and underinsured; and ``(ii) offers patients access to all levels of care, including primary, outpatient, specialty, certain ancillary services, and acute inpatient care, within a community or across a broad spectrum of providers across a service region or State. ``(B) Inclusion of section 330 networks and plans.--Such term includes networks and plans that meet the requirements for funding under section 330(e)(1)(C) of the Public Health Service Act (42 U.S.C. 254b(e)(1)(C)). ``(C) Inclusion of integrated health care systems.-- ``(i) In general.--Such term also includes an integrated health care system (including a pediatric system). ``(ii) Definition.--For purposes of this subparagraph, the term `integrated health care system (including a pediatric system)' means a health care provider that-- ``(I) is organized to provide care in a coordinated fashion; and ``(II) assures access to a full range of primary, specialty, and hospital care, to uninsured and under- insured individuals, as appropriate. ``(3) Application and plan requirement.-- ``(A) In general.--In order to be eligible for a grant under this subsection, a health access network shall-- ``(i) submit an application, in such form and manner as the Secretary shall specify; ``(ii) submit with such application a plan that meets the requirements of subparagraph (B); ``(iii) identify in such plan measurable performance targets for at least 3 of the goals described in subparagraph (B); and ``(iv) agree that a portion of the payment of grant funds for patient care services after the first year for which such payment is made shall be contingent upon the health access network demonstrating success in achieving such targets. ``(B) Plan requirements.--A health access network that desires a grant under this subsection shall submit a plan to the Secretary that details how the network intends through the grant-- ``(i) to manage costs associated with the provision of health care services to uninsured and underinsured individuals served by the network; ``(ii) to improve access to, and the availability of, health care services provided to uninsured and underinsured individuals served by the network; ``(iii) to enhance the quality and coordination of health care services provided to uninsured and underinsured individuals served by the network; ``(iv) to improve the health status of uninsured and underinsured individuals served by the network; and ``(v) to reduce health disparities in the population of uninsured and underinsured individuals served by the network. Nothing in this paragraph shall be construed as requiring a health access network operating in a State to operate on a statewide basis or otherwise to serve all uninsured and underinsured individuals in area served. ``(C) Authority to limit number of grants.--In awarding grants under this subsection, the Secretary may limit the grants in a manner so that each grantee is able to provide patient care services to the number of uninsured individuals specified by each network in its grant application. ``(4) Use of funds.-- ``(A) In general.--A health access network that receives funds under a grant under this subsection shall expend an amount equal to at least 90 percent of such funds for the provision of (or payment for) direct patient care services. ``(B) Rule of construction regarding direct patient care services.--For purposes of subparagraph (A), the term `direct patient care services' means, with respect to a health access network, services, such as specialty medical care and diagnostic services, that are not available or are insufficiently available through the network's providers other than under a grant under this subsection. ``(C) Preference for services through safety net providers.--In purchasing direct patient care services for uninsured and underinsured individuals under a grant under this subsection, health access networks shall, to the maximum extent feasible, endeavor to purchase such services from safety net providers. ``(5) Supplement, not supplant.--Funds paid to a health access network under a grant under this subsection shall supplement and not supplant, other Federal or State payments that are made to the network to support the provision of health care services to low-income or uninsured patients. ``(6) Funding.-- ``(A) Availability of funds from dsh redistribution pool.--To carry out this subsection there is hereby made available for each fiscal year (beginning with fiscal year 2010 and ending with fiscal year 2014) and appropriated from the DSH redistribution pool established under subsection (d)(7), an amount equal to-- ``(i) the amount available for obligation from such pool in such fiscal year, reduced by ``(ii) the Secretary's estimate of the aggregate increase in Federal financial participation under this title for the fiscal year that will be attributable to the amendments made by section 2(b) of the Strengthening the Health Care Safety Net Act of 2009. ``(B) Treatment of grant funds.--Payments to a health access network under a grant under this subsection shall not be treated as a disproportionate share hospital payment adjustments under this section and shall not be counted against the DSH allotment for any State. ``(C) No state matching required.--Nothing in this subsection shall be construed as requiring a State to provide for any State matching funds to receive funds under this subsection. ``(D) Availability.--The amount of any grant to a health access network under this subsection shall remain available for expenditure under the grant through the end of the third fiscal year after the fiscal year in which the grant is made.''. (d) Conforming Date of Application of DSH Hospital Requirement to Availability of Funding for Low DSH States.--Subsection (d)(2)(A)(ii) of such section is amended by inserting before the period at the end the following: ``(or, in the case of a low DSH State described in subparagraph (B) or (C) of subsection (f)(5), the date of the enactment of the Strengthening the Safety Net Act of 2009)''. (e) Reporting Using Unified Reporting Document.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall develop a unified reporting document for all disproportionate share hospital (DSH) allocations and expenditures under section 1923 of the Social Security Act. Beginning in fiscal year 2010 each State receiving a DSH allocation under such section shall be required by the Secretary to report all expenditures against the allocation using such unified reporting document. This requirement shall apply to States regardless of whether the DSH expenditures occur through a waiver. (f) Effective Date.--The amendments made by this section shall apply beginning with fiscal year 2010.

Summary: Strengthening the Health Care Safety Net Act of 2009 - Amends title XIX (Medicaid) of the Social Security Act to establish a disproportionate share hospital (DSH) redistribution pool from unexpended Medicaid DSH allotments to fund an increase in allotments for low DSH states. Directs the Secretary of Health and Human Services to award demonstration grants to health access networks to improve access, quality, and continuity of care for uninsured individuals through better coordination of care by such networks.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening Public Health Protections in Major Disasters and Emergencies Act''. SEC. 2. PROTECTION OF HEALTH AND SAFETY OF INDIVIDUALS IN A DISASTER AREA. Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act is amended by inserting after section 408 (42 U.S.C. 5174) the following: ``SEC. 409. PROTECTION OF HEALTH AND SAFETY OF INDIVIDUALS IN DISASTER AREA. ``(a) Definitions.--In this section, the following definitions apply: ``(1) Individual.--The term `individual' includes-- ``(A) a worker or volunteer who responded to Hurricane Katrina or Hurricane Rita or responds to a major disaster or emergency, including-- ``(i) a police officer; ``(ii) a firefighter; ``(iii) an emergency medical technician; ``(iv) any participating member of an urban search and rescue team; and ``(v) any other relief or rescue worker or volunteer that the President determines to be appropriate; ``(B) a worker who responds to a disaster by assisting in the cleanup or restoration of critical infrastructure in and around a disaster area; ``(C) a person whose place of residence is in a disaster area; ``(D) a person who is employed in or attends school, child care, or adult day care in a building located in a disaster area; and ``(E) any other person that the President determines to be appropriate. ``(2) Medical institution.--The term `medical institution' includes a hospital facility (as such term is defined in section 391 of the Energy Policy Conservation Act (42 U.S.C. 6371) and an accredited public or nonprofit school of medicine. ``(3) Program.--The term `program' means a program described in subsection (b) that is carried out for a disaster area. ``(4) Substance of concern.--The term `substance of concern' means a chemical or other substance that is associated with potential acute or chronic human health effects, the risk of exposure to which could potentially be increased as the result of a disaster, as determined by the President. ``(b) Program.-- ``(1) In general.--If the President determines that 1 or more substances of concern are being, or have been, released in an area declared to be a major disaster area under this Act, the President may carry out a program for the protection, assessment, monitoring, and study of the health and safety of individuals to ensure that-- ``(A) the individuals are adequately informed about and protected against potential health impacts of any substance of concern and potential mental health impacts in a timely manner; ``(B) the individuals are monitored and studied over time, including through baseline and follow-up clinical health examinations, for-- ``(i) any short- and long-term health impacts of any substance of concern; and ``(ii) any mental health impacts; ``(C) the individuals receive health care referrals as needed and appropriate; and ``(D) information from any such monitoring and studies is used to prevent or protect against similar health impacts from future disasters. ``(2) Activities.--A program under paragraph (1) may include such activities as-- ``(A) collecting and analyzing environmental exposure data; ``(B) developing and disseminating information and educational materials; ``(C) performing baseline and follow-up clinical health and mental health examinations and taking biological samples; ``(D) establishing and maintaining an exposure registry; ``(E) studying the short- and long-term human health impacts of any exposures through epidemiological and other health studies; and ``(F) providing assistance to individuals in determining eligibility for health coverage and identifying appropriate health services. ``(3) Timing.--To the maximum extent practicable, activities under any program established under paragraph (1) (including baseline health examinations) shall be commenced in a timely manner that will ensure the highest level of public health protection and effective monitoring. ``(4) Participation in registries and studies.-- ``(A) In general.--Participation in any registry or study that is part of a program under paragraph (1) shall be voluntary. ``(B) Protection of privacy.--The President shall take appropriate measures to protect the privacy of any participant in a registry or study described in subparagraph (A). ``(5) Cooperative agreements.-- ``(A) In general.--The President may carry out a program under paragraph (1) through a cooperative agreement with a medical institution, including a local health department, or a consortium of medical institutions. ``(B) Selection criteria.--To the maximum extent practicable, the President shall select to carry out a program under paragraph (1) a medical institution or a consortium of medical institutions that-- ``(i) is located near-- ``(I) the disaster area with respect to which the program is carried out; and ``(II) any other area in which there reside groups of individuals that worked or volunteered in response to the disaster; and ``(ii) has appropriate experience in the areas of environmental or occupational health, toxicology, and safety, including experience in-- ``(I) developing clinical protocols and conducting clinical health examinations, including mental health assessments; ``(II) conducting long-term health monitoring and epidemiological studies; ``(III) conducting long-term mental health studies; and ``(IV) establishing and maintaining medical surveillance programs and environmental exposure or disease registries. ``(6) Involvement.-- ``(A) In general.--In establishing and maintaining a program under paragraph (1), the President shall involve interested and affected parties, as appropriate, including representatives of-- ``(i) Federal, State, and local government agencies; ``(ii) groups of individuals that worked or volunteered in response to the disaster in the disaster area; ``(iii) local residents, businesses, and schools (including parents and teachers); ``(iv) health care providers; and ``(v) other organizations and persons. ``(B) Committees.--Involvement under subparagraph (A) may be provided through the establishment of an advisory or oversight committee or board. ``(7) Privacy.--The President shall carry out each program under paragraph (1) in accordance with regulations relating to privacy promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 11320d-2 note; Public Law 104-191). ``(c) Reports.--Not later than 1 year after the establishment of a program under subsection (b)(1), and every 5 years thereafter, the President, or the medical institution or consortium of such institutions having entered into a cooperative agreement under subsection (b)(5), shall submit to the Secretary of Homeland Security, the Secretary of Health and Human Services, the Secretary of Labor, the Administrator of the Environmental Protection Agency, and appropriate committees of Congress a report on programs and studies carried out under the program.''. SEC. 3. NATIONAL ACADEMY OF SCIENCES REPORT ON HURRICANE KATRINA AND RITA DISASTER AREA HEALTH AND ENVIRONMENTAL PROTECTION AND MONITORING. (a) In General.--The Secretary of Homeland Security, the Secretary of Health and Human Services, and the Administrator of the Environmental Protection Agency shall jointly enter into a contract with the National Academy of Sciences to conduct a study and prepare a report on disaster area health and environmental protection and monitoring. (b) Expertise.--The report under subsection (a) shall be prepared with the participation of individuals who have expertise in-- (1) environmental health, safety, and medicine; (2) occupational health, safety, and medicine; (3) clinical medicine, including pediatrics; (4) toxicology; (5) epidemiology; (6) mental health; (7) medical monitoring and surveillance; (8) environmental monitoring and surveillance; (9) environmental and industrial hygiene; (10) emergency planning and preparedness; (11) public outreach and education; (12) State and local health departments; (13) State and local environmental protection departments; (14) functions of workers that respond to disasters, including first responders; (15) public health and family services; (16) environmental justice; and (17) health and health care disparities. (c) Contents.--The report under subsection (a) shall provide advice and recommendations regarding protecting and monitoring the health and safety of individuals potentially exposed to any chemical or other substance associated with potential acute or chronic human health effects as the result of a disaster, including advice and recommendations regarding-- (1) the establishment of protocols for the monitoring of and response to chemical or substance releases in a disaster area for the purpose of protecting public health and safety, including-- (A) chemicals or other substances for which samples should be collected in the event of a disaster, including a terrorist attack; (B) chemical- or substance-specific methods of sample collection, including sampling methodologies and locations; (C) chemical- or substance-specific methods of sample analysis; (D) health-based threshold levels to be used and response actions to be taken in the event that thresholds are exceeded for individual chemicals or other substances; (E) procedures for providing monitoring results to-- (i) appropriate Federal, State, and local government agencies; (ii) appropriate response personnel; and (iii) the public;. (F) responsibilities of Federal, State and local agencies for-- (i) collecting and analyzing samples; (ii) reporting results; and (iii) taking appropriate response actions; and (G) capabilities and capacity within the Federal Government to conduct appropriate environmental monitoring and response in the event of a disaster, including a terrorist attack; and (2) other issues as specified by the Secretary of Homeland Security, the Secretary of Health and Human Services, and the Administrator of the Environmental Protection Agency. (d) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section. SEC. 4. PREDISASTER HAZARD MITIGATION. Section 203(m) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133(m)) is amended by striking ``December 31, 2008'' and inserting ``September 30, 2010''. SEC. 5. PREVENTIVE HEALTH SERVICES BLOCK GRANTS; USE OF ALLOTMENTS. Section 1904(a)(1) of the Public Health Service Act (42 U.S.C. 300w-3(a)(1)) is amended-- (1) in subparagraph (G)-- (A) by striking ``through (F)'' and inserting ``through (G)''; and (B) by redesignating such subparagraph as subparagraph (H); and (2) by inserting after subparagraph (F), the following: ``(G) Community outreach and education programs and other activities designed to address and prevent health and health care disparities.''.

Summary: Strengthening Public Health Protections in Major Disasters and Emergencies Act - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize the President, if one or more chemicals or substances associated with potential acute or chronic human health effects are being or have been released in a major disaster area, to carry out a program for the protection, assessment, monitoring, and study of the health and safety of workers or volunteers who responded to Hurricane Katrina or Hurricane Rita or who respond to a major disaster or emergency, residents in a disaster area, or persons who are employed in, or who attend school, child care, or adult day care in, a disaster area. Authorizes the President to carry out such a program through a cooperative agreement with a medical institution or consortium of medical institutions, especially those located near the disaster area and any other area in which there reside groups of individuals that worked or volunteered in response to the disaster. Requires such institution to have appropriate experience in the areas of environmental or occupational health, toxicology, and safety. Directs the Secretary of Homeland Security, the Secretary of Health and Human Services (HHS), and the Administrator of the Environmental Protection Agency (EPA) to enter jointly into a contract with the National Academy of Sciences (NAS) to study and report on disaster area health and environmental protection and monitoring. Amends: (1) the Robert T. Stafford Disaster Relief and Emergency Assistance Act to extend to September 30, 2010, the authority for the predisaster hazard mitigation program; and (2) the Public Health Service Act to authorize the use of preventive health services block grants for community outreach and education programs and other activities designed to address and prevent health and health care disparities.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Paleontological Resources Preservation Act''. SEC. 2. DEFINITIONS. As used in this Act: (1) Casual collecting.--The term ``casual collecting'' means the collecting of a reasonable amount of common invertebrate and plant paleontological resources for non- commercial personal use, either by surface collection or the use of non-powered hand tools resulting in only negligible disturbance to the Earth's surface and other resources. As used in this paragraph, the terms ``reasonable amount'', ``common invertebrate and plant paleontological resources'' and ``negligible disturbance'' shall be determined by the Secretary. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior with respect to lands controlled or administered by the Secretary of the Interior or the Secretary of Agriculture with respect to National Forest System Lands controlled or administered by the Secretary of Agriculture. (3) Federal lands.--The term ``Federal lands'' means-- (A) lands controlled or administered by the Secretary of the Interior, except Indian lands; or (B) National Forest System lands controlled or administered by the Secretary of Agriculture. (4) Indian lands.--The term ``Indian Land'' means lands of Indian tribes, or Indian individuals, which are either held in trust by the United States or subject to a restriction against alienation imposed by the United States. (5) State.--The term ``State'' means the fifty States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. (6) Paleontological resource.--The term ``paleontological resource'' means any fossilized remains, traces, or imprints of organisms, preserved in or on the earth's crust, that are of paleontological interest and that provide information about the history of life on earth, except that the term does not include-- (A) any materials associated with an archaeological resource (as defined in section 3(1) of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470bb(1)); or (B) any cultural item (as defined in section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001)). SEC. 3. MANAGEMENT. (a) In General.--The Secretary shall manage and protect paleontological resources on Federal lands using scientific principles and expertise. The Secretary shall develop appropriate plans for inventory, monitoring, and the scientific and educational use of paleontological resources, in accordance with applicable agency laws, regulations, and policies. These plans shall emphasize interagency coordination and collaborative efforts where possible with non-Federal partners, the scientific community, and the general public. (b) Coordination.--To the extent possible, the Secretary of the Interior and the Secretary of Agriculture shall coordinate in the implementation of this Act. SEC. 4. PUBLIC AWARENESS AND EDUCATION PROGRAM. The Secretary shall establish a program to increase public awareness about the significance of paleontological resources. SEC. 5. COLLECTION OF PALEONTOLOGICAL RESOURCES. (a) Permit Requirement.-- (1) In general.--Except as provided in this Act, a paleontological resource may not be collected from Federal lands without a permit issued under this Act by the Secretary. (2) Casual collecting exception.--The Secretary may allow casual collecting without a permit on Federal lands controlled or administered by the Bureau of Land Management, the Bureau of Reclamation, and the Forest Service, where such collection is consistent with the laws governing the management of those Federal lands and this Act. (3) Previous permit exception.--Nothing in this section shall affect a valid permit issued prior to the date of enactment of this Act. (b) Criteria for Issuance of a Permit.--The Secretary may issue a permit for the collection of a paleontological resource pursuant to an application if the Secretary determines that-- (1) the applicant is qualified to carry out the permitted activity; (2) the permitted activity is undertaken for the purpose of furthering paleontological knowledge or for public education; (3) the permitted activity is consistent with any management plan applicable to the Federal lands concerned; and (4) the proposed methods of collecting will not threaten significant natural or cultural resources. (c) Permit Specifications.--A permit for the collection of a paleontological resource issued under this section shall contain such terms and conditions as the Secretary deems necessary to carry out the purposes of this Act. Every permit shall include requirements that-- (1) the paleontological resource that is collected from Federal lands under the permit will remain the property of the United States; (2) the paleontological resource and copies of associated records will be preserved for the public in an approved repository, to be made available for scientific research and public education; and (3) specific locality data will not be released by the permittee or repository without the written permission of the Secretary. (d) Modification, Suspension, and Revocation of Permits.-- (1) The Secretary may modify, suspend, or revoke a permit issued under this section-- (A) for resource, safety, or other management considerations; or (B) when there is a violation of term or condition of a permit issued pursuant to this section. (2) The permit shall be revoked if any person working under the authority of the permit is convicted under section 9 or is assessed a civil penalty under section 10. (e) Area Closures.--In order to protect paleontological or other resources and to provide for public safety, the Secretary may restrict access to or close areas under the Secretary's jurisdiction to the collection of paleontological resources. SEC. 6. CURATION OF RESOURCES. Any paleontological resource, and any data and records associated with the resource, collected under a permit, shall be deposited in an approved repository. The Secretary may enter into agreements with non- Federal repositories regarding the curation of these resources, data, and records. SEC. 7. PROHIBITED ACTS; CRIMINAL PENALTIES. (a) In General.--A person may not-- (1) excavate, remove, damage, or otherwise alter or deface or attempt to excavate, remove, damage, or otherwise alter or deface any paleontological resources located on Federal lands unless such activity is conducted in accordance with this Act; (2) exchange, transport, export, receive, or offer to exchange, transport, export, or receive any paleontological resource if, in the exercise of due care, the person knew or should have known such resource to have been excavated or removed from Federal lands in violation of any provisions, rule, regulation, law, ordinance, or permit in effect under Federal law, including this Act; or (3) sell or purchase or offer to sell or purchase any paleontological resource if, in the exercise of due care, the person knew or should have known such resource to have been excavated, removed, sold, purchased, exchanged, transported, or received from Federal lands. (b) False Labeling Offenses.--A person may not make or submit any false record, account, or label for, or any false identification of, any paleontological resource excavated or removed from Federal lands. (c) Penalties.--A person who knowingly violates or counsels, procures, solicits, or employs another person to violate subsection (a) or (b) shall, upon conviction, be fined in accordance with title 18, United States Code, or imprisoned not more than 10 years, or both; but if the sum of the commercial and paleontological value of the paleontological resources involved and the cost of restoration and repair of such resources does not exceed $500, such person shall be fined in accordance with title 18, United States Code, or imprisoned not more than one year, or both. (d) General Exception.--Nothing in subsection (a) shall apply to any person with respect to any paleontological resource which was in the lawful possession of such person prior to the date of the enactment of this Act. SEC. 8. CIVIL PENALTIES. (a) In General.-- (1) Hearing.--A person who violates any prohibition contained in an applicable regulation or permit issued under this Act may be assessed a penalty by the Secretary after the person is given notice and opportunity for a hearing with respect to the violation. Each violation shall be considered a separate offense for purposes of this section. (2) Amount of penalty.--The amount of such penalty assessed under paragraph (1) shall be determined under regulations promulgated pursuant to this Act, taking into account the following factors: (A) The scientific or fair market value, whichever is greater, of the paleontological resource involved, as determined by the Secretary. (B) The cost of response, restoration, and repair of the resource and the paleontological site involved. (C) Any other factors considered relevant by the Secretary assessing the penalty. (3) Multiple offenses.--In the case of a second or subsequent violation by the same person, the amount of a penalty assessed under paragraph (2) may be doubled. (4) Limitation.--The amount of any penalty assessed under this subsection for any one violation shall not exceed an amount equal to double the cost of response, restoration, and repair of resources and paleontological site damage plus double the scientific or fair market value of resources destroyed or not recovered. (b) Petition for Judicial Review; Collection of Unpaid Assessments.-- (1) Judicial review.--Any person against whom an order is issued assessing a penalty under subsection (a) may file a petition for judicial review of the order in the United States District Court for the District of Columbia or in the district in which the violation is alleged to have occurred within the 30-day period beginning on the date the order making the assessment was issued. Upon notice of such filing, the Secretary shall promptly file such a certified copy of the record on which the order was issued. The court shall hear the action on the record made before the Secretary and shall sustain the action if it is supported by substantial evidence on the record considered as a whole. (2) Failure to pay.--If any person fails to pay a penalty under this section within 30 days-- (A) after the order making assessment has become final and the person has not filed a petition for judicial review of the order in accordance with paragraph (1); or (B) after a court in an action brought in paragraph (1) has entered a final judgment upholding the assessment of the penalty, the Secretary may request the Attorney General to institute a civil action in a district court of the United States for any district in which the person if found, resides, or transacts business, to collect the penalty (plus interest at currently prevailing rates from the date of the final order or the date of the final judgment, as the case may be). The district court shall have jurisdiction to hear and decide any such action. In such action, the validity, amount, and appropriateness of such penalty shall not be subject to review. Any person who fails to pay on a timely basis the amount of an assessment of a civil penalty as described in the first sentence of this paragraph shall be required to pay, in addition to such amount and interest, attorneys fees and costs for collection proceedings. (c) Hearings.--Hearings held during proceedings instituted under subsection (a) shall be conducted in accordance with section 554 of title 5, United States Code. (d) Use of Recovered Amounts.--Penalties collected under this section shall be available to the Secretary and without further appropriation may be used only as follows: (1) To protect, restore, or repair the paleontological resources and sites which were the subject of the action, or to acquire sites with equivalent resources, and to protect, monitor, and study the resources and sites. Any acquisition shall be subject to any limitations contained in the organic legislation for such Federal lands. (2) To provide educational materials to the public about paleontological resources and sites. (3) To provide for the payment of rewards as provided in section 11. SEC. 9. REWARDS AND FORFEITURE. (a) Rewards.--The Secretary may pay from penalties collected under section 9 or 10-- (1) consistent with amounts established in regulations by the Secretary; or (2) if no such regulation exists, an amount equal to the lesser of one-half of the penalty or $500, to any person who furnishes information which leads to the finding of a civil violation, or the conviction of criminal violation, with respect to which the penalty was paid. If several persons provided the information, the amount shall be divided among the persons. No officer or employee of the United States or of any State or local government who furnishes information or renders service in the performance of his official duties shall be eligible for payment under this subsection. (b) Forfeiture.--All paleontological resources with respect to which a violation under section 9 or 10 occurred and which are in the possession of any person, and all vehicles and equipment of any person that were used in connection with the violation, shall be subject to civil forfeiture, or upon conviction, to criminal forfeiture. All provisions of law relating to the seizure, forfeiture, and condemnation of property for a violation of this Act, the disposition of such property or the proceeds from the sale thereof, and remission or mitigation of such forfeiture, as well as the procedural provisions of chapter 46 of title 18, United States Code, shall apply to the seizures and forfeitures incurred or alleged to have incurred under the provisions of this Act. (c) Transfer of Seized Resources.--The Secretary may transfer administration of seized paleontological resources to Federal or non- Federal educational institutions to be used for scientific or educational purposes. SEC. 10. CONFIDENTIALITY. Information concerning the nature and specific location of a paleontological resource the collection of which requires a permit under this Act or under any other provision of Federal law shall be exempt from disclosure under section 552 of title 5, United States Code, and any other law unless the Secretary determines that disclosure would-- (1) further the purposes of this Act; (2) not create risk of harm to or theft or destruction of the resource or the site containing the resource; and (3) be in accordance with other applicable laws. SEC. 11. REGULATIONS. As soon as practical after the date of the enactment of this Act, the Secretary shall issue such regulations as are appropriate to carry out this Act, providing opportunities for public notice and comment. SEC. 12. SAVINGS PROVISIONS. Nothing in this Act shall be construed to-- (1) invalidate, modify, or impose any additional restrictions or permitting requirements on any activities permitted at any time under the general mining laws, the mineral or geothermal leasing laws, laws providing for minerals materials disposal, or laws providing for the management or regulation of the activities authorized by the aforementioned laws including but not limited to the Federal Land Policy Management Act (43 U.S.C. 1701-1784), the Mining in the Parks Act, the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201-1358), and the Organic Administration Act (16 U.S.C. 478, 482, 551); (2) invalidate, modify, or impose any additional restrictions or permitting requirements on any activities permitted at any time under existing laws and authorities relating to reclamation and multiple uses of Federal lands; (3) apply to, or require a permit for, casual collecting of a rock, mineral, or invertebrate or plant fossil that is not protected under this Act; (4) affect any lands other than Federal lands or affect the lawful recovery, collection, or sale of paleontological resources from lands other than Federal lands; (5) alter or diminish the authority of a Federal agency under any other law to provide protection for paleontological resources on Federal lands in addition to the protection provided under this Act; or (6) create any right, privilege, benefit, or entitlement for any person who is not an officer or employee of the United States acting in that capacity. No person who is not an officer or employee of the United States acting in that capacity shall have standing to file any civil action in a court of the United States to enforce any provision or amendment made by this Act. SEC. 13. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act. Passed the Senate July 17, 2003. Attest: EMILY J. REYNOLDS, Secretary.

Summary: Paleontological Resources Preservation Act - (Sec. 3) Directs the Secretaries of the Interior and Agriculture (the Secretaries) to: (1) manage and protect paleontological resources on Federal land using scientific principles and expertise; and (2) develop plans for inventorying, monitoring, and deriving the scientific and educational use of such resources. (Sec. 4) Directs the Secretaries to establish a program to increase public awareness about the significance of paleontological resources. (Sec. 5) Prohibits a person from collecting a paleontological resource from Federal land without a permit issued under this Act by one of the Secretaries. Authorizes the Secretaries to allow casual collecting of common invertebrate and plant paleontological resources for scientific, educational, and recreational uses, without a permit, on certain Federal lands where not inconsistent with laws governing management of such lands and this Act. Recognizes as valid permits issued before enactment of this Act. Sets forth criteria by which the Secretaries may issue permits for paleontological resources. Requires that any paleontological resource and associated records collected under a permit be deposited in an approved repository. Allows the Secretaries to modify, suspend, or revoke a permit under specified circumstances, including if there is a violation of a term or a condition of a permit. Declares that a permit shall be revoked if any person working under the authority of the permit is convicted of a criminal offense under this Act or assessed a civil penalty under this Act. (Sec. 6) States that the Secretaries may enter into agreements with non-Federal repositories regarding the curation of paleontological resources, data, and records. (Sec. 7) Prohibits: (1) excavating, removing, or altering a paleontological resource located on Federal lands, except in compliance with this Act; (2) exchanging or receiving such a resource, if the person knew or should have known such resource to have been illegally removed from Federal lands; (3) selling or purchasing a paleontological resource, if the person knew or should have known such resource to have been illegally removed from Federal lands; or (4) making or submitting false records, accounts, or identification of any paleontological resource excavated or removed from Federal lands. Imposes criminal penalties for violating this Act. (Sec. 8) Sets forth requirements for the assessment of civil penalties by the Secretaries for violations of any prohibitions contained in regulations or permits issued under this Act. Requires any recovered amounts to be available for use: (1) to protect or restore the paleontological resources and sites which were the subject of the action, or to acquire sites with equivalent resources and to protect, monitor, and study the resources and sites; (2) to provide educational materials to the public about paleontological resources and sites; and (3) as a reward. (Sec. 9) Allows the Secretaries to pay from penalties collected under this Act a reward to any person who furnishes information leading to the finding of a civil violation, or the conviction of criminal violation, with respect to which the penalty was paid. Provides for the civil or, as appropriate, the criminal forfeiture of all paleontological resources with respect to which a civil or criminal violation occurred, and of all vehicles and equipment that were used in connection with the violation. Allows the Secretary to transfer administration of seized paleontological resources to educational institutions for scientific or educational purposes. (Sec. 10) Requires that information on the nature and specific location of a paleontological resource that requires a permit under this Act or other Federal law be withheld from the public, including under the Freedom of Information Act, except under specified conditions. (Sec. 11) Directs the Secretaries to issue such regulations as are appropriate to carry out this Act, while providing opportunities for public notice and comment. (Sec. 12) Declares that nothing in this Act shall be construed to do certain things, including to: (1) modify any activity under the general mining laws, the mineral or geothermal leasing laws, laws providing for minerals materials disposal, or laws providing for the management or regulation of the activities authorized by the aforementioned laws; (2) modify any activity under existing laws and authorities relating to reclamation and multiple uses of Federal lands; or (3) alter or diminish the authority of a Federal agency under any other law to provide protection for paleontological resources on Federal lands in addition to the protection provided under this Act. (Sec. 13) Authorizes appropriations.


SECTION 1. SHORT TITLE; REFERENCES IN ACT. (a) Short Title.--This Act may be cited as the ``Health Care Fraud and Abuse Advisory Opinion Act of 1994''. (b) References in Act.--Except as otherwise specifically provided, whenever an amendment herein is expressed in terms of an amendment to, or repeal of a section or other provision, the reference shall be considered to be made to that section or other provision of the Social Security Act. SEC. 2. AUTHORIZING THE SECRETARY OF HEALTH AND HUMAN SERVICES TO ISSUE ADVISORY OPINIONS UNDER TITLE XI. (a) Authorization.--Title XI, section 1128 (42 U.S.C. 1320a-7) is amended by the addition of the following new paragraph: ``(j) The Secretary shall issue advisory opinions as provided in this section. ``(1) Matters subject to advisory opinions.--The Secretary shall issue advisory opinions as to the following matters: ``(i) What constitutes prohibited remuneration within the meaning of section 1320a-7b(b) of title 42, United States Code. ``(ii) Whether an arrangement or proposed arrangement satisfies the criteria set forth in section 1320a-7b(b)(3) of title 42, United States Code as amended for activities which do not result in prohibited remuneration. ``(iii) Whether an arrangement or proposed arrangement satisfies the criteria which the Secretary has established, or shall establish by regulation for activities which do not result in prohibited remuneration. ``(iv) What constitutes an inducement to reduce or limit services to individuals entitled to benefits under part A or part B of title XVIII or title XIX within the meaning of section 1320a-7a(b) of title 42, United States Code. ``(v) Whether an arrangement, activity or proposed arrangement or proposed activity violates any other provision of the Act. ``(2) Matters not subject to advisory opinions.--Such advisory opinions shall not address the following matters: ``(i) Whether the fair market value shall be, or was paid or received for any goods, services or property. ``(ii) Whether an individual is a bona fide employee within the requirements of section 3121(d)(2) of title 26, United States Code. ``(3) Effect of advisory opinions.-- ``(i) Each advisory opinion issued by the Secretary shall be binding as to the Secretary and the party or parties requesting the opinion. ``(ii) The failure of a party to seek an advisory opinion may not be introduced into evidence to prove that the party intended to violate the provisions of sections 1320a-7, 1320a-7(a), or 1320a-7(b) of title 42, United States Code. ``(4) Regulations.--The Secretary within one hundred and eighty days of the date of enactment, shall issue regulations establishing a system for the issuance of advisory opinions. Such regulations shall provide for-- ``(i) the procedure to be followed by a party applying for an advisory opinion; ``(ii) the procedure to be followed by the Secretary in responding to a request for an advisory opinion; ``(iii) the interval in which the Secretary shall respond; ``(iv) the reasonable fee to be charged to the party requesting an advisory opinion; and ``(v) the manner in which advisory opinions will be made available to the public. ``(5) Interval for issuance of advisory opinions.--Under no circumstances shall the interval in which the Secretary shall respond to a party requesting an advisory opinion exceed 30 days.''. SEC. 3. AUTHORIZING THE SECRETARY OF HEALTH AND HUMAN SERVICES TO ISSUE ADVISORY OPINIONS UNDER TITLE XVIII. (a) Authorization.--Title XVIII, section 1877 (42 U.S.C. 1395nn) is amended by the addition of the following new paragraph: ``(i)(1) Advisory Opinions.--The Secretary shall issue advisory opinions on whether an arrangement or proposed arrangement will result in a prohibited referral within the meaning of section 1395nn of title 42, United States Code, as amended. ``(2) Effect of Advisory Opinions.-- ``(i) Each advisory opinion issued by the Secretary shall be binding as to the Secretary and the party or parties requesting the opinion. ``(ii) The failure of a party to seek an advisory opinion may not be introduced into evidence to prove that the party intended to violate the provisions of section 1395nn of title 42, United States Code. ``(3) Regulations.--The Secretary within one hundred and eighty days of the date of enactment, shall issue regulations establishing a system for the issuance of advisory opinions. Such regulations shall provide for-- ``(i) the procedure to be followed by a party applying for an advisory opinion; ``(ii) the procedure to be followed by the Secretary in responding to a request for an advisory opinion; ``(iii) the interval in which the Secretary shall respond; ``(iv) the reasonable fee to be charged to the party requesting an advisory opinion; and ``(v) the manner in which advisory opinions will be made available to the public. ``(4) Interval for Issuance of Advisory Opinions.--Under no circumstances shall the interval in which the Secretary shall respond to a party requesting an advisory opinion exceed thirty days.''. SEC. 4. EFFECTIVE DATE. Unless otherwise specified herein, the Health Care Fraud and Abuse Advisory Opinion Act of 1994 shall be effective upon enactment.

Summary: Health Care Fraud and Abuse Advisory Opinion Act of 1994 - Amends title XI of the Social Security Act (SSA) to give the Secretary of Health and Human Services the authority to issue binding advisory opinions addressing certain matters, such as what constitutes prohibited remuneration or an inducement to reduce or limit Medicare or Medicaid services, and whether an arrangement or activity, actual or proposed, violates any other SSA provisions. Amends SSA title XVIII (Medicare) to give the Secretary the authority to issue binding advisory opinions on whether an arrangement or proposed arrangement will result in a prohibited physician referral. Requires the Secretary to issue regulations establishing systems for the issuance of the advisory opinions above.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Alternative Minimum Tax Repeal Act of 2001''. SEC. 2. PHASEOUT OF ALTERNATIVE MINIMUM TAX ON INDIVIDUALS. (a) Repeal in 2011.--Subsection (a) of section 55 of the Internal Revenue Code of 1986 is amended by adding at the end the following new flush sentence: ``For purposes of this title, the tentative minimum tax on any taxpayer other than a corporation for any taxable year beginning after December 31, 2010, shall be zero.''. (b) Reduction of Tax on Individuals Prior to Repeal.-- (1) Immediate increase in exemption amounts.--Paragraph (1) of section 55(d) of such Code is amended-- (A) by striking ``$45,000'' and inserting ``$52,000'', (B) by striking ``$33,750'' and inserting ``$38,000'', and (C) by striking ``$22,500'' and inserting ``\1/2\ the amount applicable under subparagraph (A)''. (2) Additional increases in exemption amounts; repeal of phase-out of exemption amounts.--Paragraph (3) of section 55(d) of such Code is amended to read as follows: ``(3) Increases in exemption amounts for taxpayers other than corporations.-- ``(A) In general.--The exemption amounts under paragraph (1) for taxable years beginning in any calendar year after 2001 shall be determined by increasing the dollar amounts contained in subparagraphs (A) and (B) of paragraph (1) by the applicable percentage for such calendar year of such dollar amounts. ``(B) Applicable percentage.--For purposes of subparagraph (A), the applicable percentage shall be determined in accordance with the following table: ``For calendar year-- The applicable percentage is-- 2002................................... 10 2003................................... 20 2004................................... 30 2005................................... 40 2006................................... 50 2007................................... 60 2008................................... 70 2009................................... 80 2010................................... 90. ``(C) Rounding.--If any amount, as increased under subparagraph (A) is not a multiple of $5, such amount shall be increased to the nearest multiple of $5.'' (c) Nonrefundable Personal Credits Fully Allowed Against Regular Tax Liability.-- (1) In general.--Subsection (a) of section 26 of such Code (relating to limitation based on amount of tax) is amended to read as follows: ``(a) Limitation Based on Amount of Tax.--The aggregate amount of credits allowed by this subpart for the taxable year shall not exceed the sum of-- ``(1) the taxpayer's regular tax liability for the taxable year reduced by the foreign tax credit allowable under section 27(a), and ``(2) the tax imposed by section 55(a) for the taxable year.'' (2) Repeal of reduction of refundable tax credits.-- (A) Subsection (d) of section 24 of such Code is amended by striking paragraph (2) and redesignating paragraph (3) as paragraph (2). (B) Section 32 of such Code is amended by striking subsection (h). (3) Conforming amendment.--Section 904 of such Code is amended by striking subsection (h). (d) Limitation on Use of Credit for Prior Year Minimum Tax Liability.--Subsection (c) of section 53 of such Code is amended to read as follows: ``(c) Limitation.-- ``(1) In general.--Except as otherwise provided in this subsection, the credit allowable under subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(A) the regular tax liability of the taxpayer for such taxable year reduced by the sum of the credits allowable under subparts A, B, D, E, and F of this part, over ``(B) the tentative minimum tax for the taxable year. ``(2) Taxable years beginning after 2010.--In the case of any taxable year beginning after 2010, the credit allowable under subsection (a) to a taxpayer other than a corporation for any taxable year shall not exceed 90 percent of the excess (if any) of-- ``(A) regular tax liability of the taxpayer for such taxable year, over ``(B) the sum of the credits allowable under subparts A, B, D, E, and F of this part.''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000.

Summary: Alternative Minimum Tax Repeal Act of 2001 - Amends the alternative minimum tax provisions of the Internal Revenue Code to: (1) state that the tentative minimum tax on any taxpayer other than a corporation for any taxable year beginning after December 31, 2010, shall be zero; and (2) provide for reductions in such tax until such time.