SECTION 1. SHORT TITLE. This Act may be cited as the ``Rail Passenger Disaster Family Assistance Act of 2001''. SEC. 2. ASSISTANCE BY NATIONAL TRANSPORTATION SAFETY BOARD TO FAMILIES OF PASSENGERS INVOLVED IN RAIL PASSENGER ACCIDENTS. (a) In General.--Subchapter III of chapter 11 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 1138. Assistance to families of passengers involved in rail passenger accidents ``(a) In General.--As soon as practicable after being notified of a rail passenger accident within the United States involving a rail passenger carrier and resulting in a major loss of life, the Chairman of the National Transportation Safety Board shall-- ``(1) designate and publicize the name and phone number of a director of family support services who shall be an employee of the Board and shall be responsible for acting as a point of contact within the Federal Government for the families of passengers involved in the accident and a liaison between the rail passenger carrier and the families; and ``(2) designate an independent nonprofit organization, with experience in disasters and posttrauma communication with families, which shall have primary responsibility for coordinating the emotional care and support of the families of passengers involved in the accident. ``(b) Responsibilities of the Board.--The Board shall have primary Federal responsibility for-- ``(1) facilitating the recovery and identification of fatally injured passengers involved in an accident described in subsection (a); and ``(2) communicating with the families of passengers involved in the accident as to the roles of-- ``(A) the organization designated for an accident under subsection (a)(2); ``(B) Government agencies; and ``(C) the rail passenger carrier involved, with respect to the accident and the post-accident activities. ``(c) Responsibilities of Designated Organization.--The organization designated for an accident under subsection (a)(2) shall have the following responsibilities with respect to the families of passengers involved in the accident: ``(1) To provide mental health and counseling services, in coordination with the disaster response team of the rail passenger carrier involved. ``(2) To take such actions as may be necessary to provide an environment in which the families may grieve in private. ``(3) To meet with the families who have traveled to the location of the accident, to contact the families unable to travel to such location, and to contact all affected families periodically thereafter until such time as the organization, in consultation with the director of family support services designated for the accident under subsection (a)(1), determines that further assistance is no longer needed. ``(4) To arrange a suitable memorial service, in consultation with the families. ``(d) Passenger Lists.-- ``(1) Requests for passenger lists.-- ``(A) Requests by director of family support services.--It shall be the responsibility of the director of family support services designated for an accident under subsection (a)(1) to request, as soon as practicable, from the rail passenger carrier involved in the accident a list, which is based on the best available information at the time of the request, of the names of the passengers that were aboard the rail passenger carrier's train involved in the accident. A rail passenger carrier shall use reasonable efforts, with respect to its unreserved trains, and passengers not holding reservations on its other trains, to ascertain the names of passengers aboard a train involved in an accident. ``(B) Requests by designated organization.--The organization designated for an accident under subsection (a)(2) may request from the rail passenger carrier involved in the accident a list described in subparagraph (A). ``(2) Use of information.--The director of family support services and the organization may not release to any person information on a list obtained under paragraph (1) but may provide information on the list about a passenger to the family of the passenger to the extent that the director of family support services or the organization considers appropriate. ``(e) Continuing Responsibilities of the Board.--In the course of its investigation of an accident described in subsection (a), the Board shall, to the maximum extent practicable, ensure that the families of passengers involved in the accident-- ``(1) are briefed, prior to any public briefing, about the accident and any other findings from the investigation; and ``(2) are individually informed of and allowed to attend any public hearings and meetings of the Board about the accident. ``(f) Use of Rail Passenger Carrier Resources.--To the extent practicable, the organization designated for an accident under subsection (a)(2) shall coordinate its activities with the rail passenger carrier involved in the accident to facilitate the reasonable use of the resources of the carrier. ``(g) Prohibited Actions.-- ``(1) Actions to impede the board.--No person (including a State or political subdivision) may impede the ability of the Board (including the director of family support services designated for an accident under subsection (a)(1)), or an organization designated for an accident under subsection (a)(2), to carry out its responsibilities under this section or the ability of the families of passengers involved in the accident to have contact with one another. ``(2) Unsolicited communications.--No unsolicited communication concerning a potential action for personal injury or wrongful death may be made by an attorney (including any associate, agent, employee, or other representative of an attorney) or any potential party to the litigation to an individual (other than an employee of the rail passenger carrier) injured in the accident, or to a relative of an individual involved in the accident, before the 45th day following the date of the accident. ``(3) Prohibition on actions to prevent mental health and counseling services.--No State or political subdivision may prevent the employees, agents, or volunteers of an organization designated for an accident under subsection (a)(2) from providing mental health and counseling services under subsection (c)(1) in the 30-day period beginning on the date of the accident. The director of family support services designated for the accident under subsection (a)(1) may extend such period for not to exceed an additional 30 days if the director determines that the extension is necessary to meet the needs of the families and if State and local authorities are notified of the determination. ``(h) Definitions.--In this section, the following definitions apply: ``(1) Rail passenger accident.--The term `rail passenger accident' means any rail passenger disaster occurring in the provision of-- ``(A) interstate intercity rail passenger transportation (as such term is defined in section 24102); or ``(B) interstate or intrastate high-speed rail (as such term is defined in section 26105) transportation, regardless of its cause or suspected cause. ``(2) Rail passenger carrier.--The term `rail passenger carrier' means a rail carrier providing-- ``(A) interstate intercity rail passenger transportation (as such term is defined in section 24102); or ``(B) interstate or intrastate high-speed rail (as such term is defined in section 26105) transportation, except that such term shall not include a tourist, historic, scenic, or excursion rail carrier. ``(3) Passenger.--The term `passenger' includes-- ``(A) an employee of a rail passenger carrier aboard a train; ``(B) any other person aboard the train without regard to whether the person paid for the transportation, occupied a seat, or held a reservation for the rail transportation; and ``(C) any other person injured or killed in the accident. ``(i) Limitation on Statutory Construction.--Nothing in this section may be construed as limiting the actions that a rail passenger carrier may take, or the obligations that a rail passenger carrier may have, in providing assistance to the families of passengers involved in a rail passenger accident.''. (b) Conforming Amendment.--The table of sections for such chapter is amended by inserting after the item relating to section 1137 the following: ``1138. Assistance to families of passengers involved in rail passenger accidents.''. SEC. 3. RAIL PASSENGER CARRIER PLANS TO ADDRESS NEEDS OF FAMILIES OF PASSENGERS INVOLVED IN RAIL PASSENGER ACCIDENTS. (a) In General.--Part C of subtitle V of title 49, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 251--FAMILY ASSISTANCE ``Sec. ``25101. Plans to address needs of families of passengers involved in rail passenger accidents. ``Sec. 25101. Plans to address needs of families of passengers involved in rail passenger accidents ``(a) Submission of Plans.--Not later than 6 months after the date of the enactment of this section, each rail passenger carrier shall submit to the Secretary of Transportation and the Chairman of the National Transportation Safety Board a plan for addressing the needs of the families of passengers involved in any rail passenger accident involving a train of the rail passenger carrier and resulting in a major loss of life. ``(b) Contents of Plans.--A plan to be submitted by a rail passenger carrier under subsection (a) shall include, at a minimum, the following: ``(1) A plan for publicizing a reliable, toll-free telephone number, and for providing staff, to handle calls from the families of the passengers. ``(2) A process for notifying the families of the passengers, before providing any public notice of the names of the passengers, either by utilizing the services of the organization designated for the accident under section 1138(a)(2) of this title or the services of other suitably trained individuals. ``(3) An assurance that the notice described in paragraph (2) will be provided to the family of a passenger as soon as the rail passenger carrier has verified that the passenger was aboard the train (whether or not the names of all of the passengers have been verified) and, to the extent practicable, in person. ``(4) An assurance that the rail passenger carrier will provide to the director of family support services designated for the accident under section 1138(a)(1) of this title, and to the organization designated for the accident under section 1138(a)(2) of this title, immediately upon request, a list (which is based on the best available information at the time of the request) of the names of the passengers aboard the train (whether or not such names have been verified), and will periodically update the list. The plan shall include a procedure, with respect to unreserved trains and passengers not holding reservations on other trains, for the rail passenger carrier to use reasonable efforts to ascertain the names of passengers aboard a train involved in an accident. ``(5) An assurance that the family of each passenger will be consulted about the disposition of all remains and personal effects of the passenger within the control of the rail passenger carrier. ``(6) An assurance that if requested by the family of a passenger, any possession of the passenger within the control of the rail passenger carrier (regardless of its condition) will be returned to the family unless the possession is needed for the accident investigation or any criminal investigation. ``(7) An assurance that any unclaimed possession of a passenger within the control of the rail passenger carrier will be retained by the rail passenger carrier for at least 18 months. ``(8) An assurance that the family of each passenger or other person killed in the accident will be consulted about construction by the rail passenger carrier of any monument to the passengers, including any inscription on the monument. ``(9) An assurance that the treatment of the families of nonrevenue passengers will be the same as the treatment of the families of revenue passengers. ``(10) An assurance that the rail passenger carrier will work with any organization designated under section 1138(a)(2) of this title on an ongoing basis to ensure that families of passengers receive an appropriate level of services and assistance following each accident. ``(11) An assurance that the rail passenger carrier will provide reasonable compensation to any organization designated under section 1138(a)(2) of this title for services provided by the organization. ``(12) An assurance that the rail passenger carrier will assist the family of a passenger in traveling to the location of the accident and provide for the physical care of the family while the family is staying at such location. ``(13) An assurance that the rail passenger carrier will commit sufficient resources to carry out the plan. ``(14) An assurance that the rail passenger carrier will provide adequate training to the employees and agents of the carrier to meet the needs of survivors and family members following an accident. ``(15) An assurance that, upon request of the family of a passenger, the rail passenger carrier will inform the family of whether the passenger's name appeared on any preliminary passenger manifest for the train involved in the accident. ``(c) Limitation on Liability.--A rail passenger carrier shall not be liable for damages in any action brought in a Federal or State court arising out of the performance of the rail passenger carrier in preparing or providing a passenger list, or in providing information concerning a train reservation, pursuant to a plan submitted by the rail passenger carrier under subsection (b), unless such liability was caused by conduct of the rail passenger carrier which was grossly negligent or which constituted intentional misconduct. ``(d) Definitions.--In this section-- ``(1) the terms `rail passenger accident' and `rail passenger carrier' have the meanings such terms have in section 1138 of this title; and ``(2) the term `passenger' means a person aboard a rail passenger carrier's train that is involved in a rail passenger accident. ``(e) Limitation on Statutory Construction.--Nothing in this section may be construed as limiting the actions that a rail passenger carrier may take, or the obligations that a rail passenger carrier may have, in providing assistance to the families of passengers involved in a rail passenger accident.''. (b) Conforming Amendment.--The table of chapters for subtitle V of title 49, United States Code, is amended by adding after the item relating to chapter 249 the following new item: ``251. FAMILY ASSISTANCE................................... 25101''. Passed the House of Representatives February 14, 2001. Attest: JEFF TRANDAHL, Clerk.

Summary: Rail Passenger Disaster Family Assistance Act of 2001 - Amends Federal transportation law to require the Chairman of the National Transportation Safety Board, as soon as practicable after being notified of a rail passenger accident involving a major loss of life, to: (1) designate and publicize the name and phone number of a Board employee who shall be a director of family support services responsible for acting as a point of contact within the Federal Government for the families of passengers involved in a rail passenger accident, and a liaison between the rail passenger carrier and the families; and (2) designate an independent nonprofit organization (with experience in disasters and post-trauma communication with families) which shall have primary responsibility for coordinating the emotional care and support of the families of passengers involved in such accidents.Declares it shall be the responsibility of the director of family support services to request, as soon as practicable, from the rail passenger carrier involved in an accident a list of the names of the passengers who were aboard the carrier's train. Authorizes a designated organization also to request such list from such carrier. Prohibits the director of family support services and a designated organization from releasing list information to any person, except that information about a passenger may be provided to the passenger's family to the extent considered appropriate by the director or organization. Requires the Board, in the course of its investigation of an accident, to ensure, to the maximum extent practicable, that the families of passengers involved in the accident are: (1) briefed, prior to any public briefing about the accident and any other findings from the investigation; and (2) individually informed of and allowed to attend any public hearings and meetings of the Board about such accident.Prohibits: (1) a person (including a State or political subdivision) from impeding the ability of the Board (including the director of family support services) or the designated organization to carry out its responsibilities under this Act, or the ability of the families of passengers involved in an accident to have contact with one another; (2) unsolicited communication concerning a potential action for personal injury or wrongful death to be made by an attorney or any potential party to the litigation to an individual (other than an employee of the rail passenger carrier) injured in an accident, or to a relative of an individual involved in such accident, before the 45th day following the date of the accident; and (3) a State or political subdivision from preventing the employees, agents, or volunteers of an organization from providing mental health and counseling services in the 30-day period beginning on the date of an accident.Directs each rail passenger carrier to submit to the Secretary of Transportation and the Chairman of the Board a plan for addressing the needs of the families of passengers involved in a rail passenger accident resulting in a major loss of life. Shields a rail passenger carrier from liability for damages (except for gross negligence or intentional misconduct) in any action brought in a Federal or State court arising out of the carrier's performance in preparing or providing a passenger list, or in providing information concerning a train reservation, pursuant to the carrier's plan.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Warren Weinstein Hostage Rescue Act''. SEC. 2. NATIONAL SECURITY COUNCIL COMMITTEE ON HOSTAGE RECOVERY. (a) Establishment.--Section 101 of the National Security Act of 1947 (50 U.S.C. 3021) is amended by adding at the end the following new subsection: ``(m) Committee on Hostage Recovery.--(1) There is established within the National Security Council a committee to be known as the Committee on Hostage Recovery (in this subsection referred to as the `Committee'). ``(2) The Committee shall consist of the following members (or designees): ``(A) An individual who is appointed by the President to serve as chair of the Committee. ``(B) The Secretary of State. ``(C) The Secretary of the Treasury. ``(D) The Secretary of Defense. ``(E) The Attorney General. ``(F) The Director of the Federal Bureau of Investigation. ``(G) The Director of National Intelligence. ``(H) The Chairman of the Joint Chiefs of Staff. ``(I) The Assistant to the President for National Security Affairs. ``(3) The functions of the Committee shall include-- ``(A) coordinating among the departments and agencies of the Federal Government and coordinating among the United States and the allies of the United States regarding retrieval of United States person hostages; ``(B) coordinating with the Interagency Fusion Cell on Hostage Recovery; ``(C) developing strategies and guidelines for hostage retrieval and analyzing all options and methods of rescue; ``(D) developing policies and procedures to effectively share information between departments and agencies of the Federal Government responsible for activities relating to hostage rescue; and ``(E) developing a strategy to keep family members of United States person hostages informed of the status of such hostages and inform such family members of updates, procedures, and policies that do not compromise the national security of the United States. ``(4) The chair of the Committee may not have duties or responsibilities in the Federal Government other than such duties or responsibilities relating to serving as the chair of the Committee. ``(5)(A) On a quarterly basis, the Committee shall submit to the appropriate congressional committees and the members of Congress described in subparagraph (B) a report that includes a summary of-- ``(i) the general activities of the Committee and the Interagency Fusion Cell on Hostage Recovery during the period covered by the report; and ``(ii) specific actions conducted during such period by the Committee and the Interagency Fusion Cell on Hostage Recovery with respect to United States person hostages. ``(B) The members of Congress described in this subparagraph are, with respect to a United States person hostage covered by a report under subparagraph (A), the Senators representing the State, and the Member, Delegate, or Resident Commissioner of the House of Representatives representing the district, that includes the United States person hostage. ``(C) Each report under subparagraph (A) may be submitted in classified form. ``(6) In this subsection: ``(A) The term `Interagency Fusion Cell on Hostage Recovery' means the Interagency Fusion Cell on Hostage Recovery established by section 119C of this Act. ``(B) The term `United States person hostage' means a citizen of the United States or an alien lawfully admitted for permanent residence (as defined in section 101(a)(20) of the Immigration and Nationality Act) who has been abducted or is suspected of having been abducted outside of the United States or is being held outside of the United States.''. (b) Sense of Congress.--It is the sense of Congress that the President should appoint a Special Advisor on Hostage Affairs who-- (1) serves as the chair of the Committee on Hostage Recovery of the National Security Council; (2) has extensive experience in foreign policy, counterterrorism, and hostage recovery; and (3) serves (or the designee of the Special Advisor serves) as a primary liaison between the Federal Government and the family of a United States person hostage (as defined in subsection (m) of section 101 of the National Security Act of 1947 (50 U.S.C. 3021), as added by subsection (a) of this section). (c) Rule of Construction.--Nothing in this section, or the amendment made by this section, shall be construed as authorizing the Federal Government to negotiate with a state sponsor of terrorism or an organization that the Secretary of State has designated as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189). SEC. 3. INTERAGENCY GROUP ON HOSTAGES. (a) Establishment.--Title I of the National Security Act of 1947 (50 U.S.C. 3021 et seq.) is amended by adding at the end the following: ``SEC. 119C. INTERAGENCY GROUP ON HOSTAGES. ``(a) Establishment.--There is established an interagency group on hostages to be known as the `Interagency Fusion Cell on Hostage Recovery'. ``(b) Director.--The chair of the Committee on Hostage Recovery established by section 101(m) of this Act shall serve as the director of the Interagency Fusion Cell on Hostage Recovery. ``(c) Duties.--The Interagency Fusion Cell on Hostage Recovery shall execute the strategies regarding hostage retrieval of the Committee on Hostage Recovery. ``(d) Elements.--The Interagency Fusion Cell on Hostage Recovery shall be composed of officials of the following departments or agencies of the Federal Government who are proficient in hostage recovery strategy: ``(1) The Department of State. ``(2) The Department of the Treasury. ``(3) The Department of Defense. ``(4) The Federal Bureau of Investigation. ``(5) The Office of the Director of National Intelligence. ``(e) Reporting.--The Interagency Fusion Cell on Hostage Recovery shall report to the Committee on Hostage Recovery.''. (b) Clerical Amendment.--The table of contents for such Act is amended by inserting after the item relating to section 119B the following new item: ``Sec. 119C. Interagency group on hostages.''.

Summary: Warren Weinstein Hostage Rescue Act This bill amends the National Security Act of 1947 to establish: (1) the Committee on Hostage Recovery within the National Security Council (NSC), and (2) the Interagency Fusion Cell on Hostage Recovery which shall execute the Committee's hostage retrieval strategies. The Committee's functions shall include: coordinating retrieval of U.S. hostages among federal departments and agencies and among the United States and its allies; coordinating with the Interagency Fusion Cell on Hostage Recovery; developing hostage retrieval strategies and guidelines; developing information sharing policies and procedures; and developing a strategy to keep family members of U.S. hostages informed, and policies that do not compromise U.S. national security. It is the sense of Congress that the President should appoint a Special Advisor on Hostage Affairs who: (1) serves as the chair of the NSC Committee on Hostage Recovery; (2) has extensive foreign policy, counterterrorism, and hostage recovery experience; and; (3) serves (or the designee of the Special Advisor serves) as a primary liaison between the federal government and the family of a U.S. hostage. Nothing in this Act shall be construed as authorizing the federal government to negotiate with a state sponsor of terrorism or a foreign terrorist organization.


SECTION 1. SHORT TITLE. This Act may be cited as ``SIG TARP Small Business Awareness Act of 2009''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Small businesses are going to be the driving force behind revitalizing our economy. (2) Small financial institutions are a primary financial resource for small businesses. (3) In a hearing of the Committee on Financial Services of the House of Representatives, witnesses testified that smaller financial institutions are having difficulty receiving funds from the Troubled Asset Relief Program. (4) In a hearing of the Committee on Financial Services of the House of Representatives, witnesses also testified that small businesses are having trouble receiving credit and financial products from banks and other financial institutions. SEC. 3. DUTIES OF THE SPECIAL INSPECTOR GENERAL FOR THE TROUBLED ASSET RELIEF PROGRAM RELATING TO SMALL FINANCIAL INSTITUTIONS AND BUSINESSES. (a) In General.--Section 121(c) of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5231(c)) is amended by adding at the end the following new paragraph: ``(5) Effects of program on small financial institutions and small businesses.-- ``(A) Small financial institutions.--In conducting audits and providing oversight of the Troubled Asset Relief Program in accordance with this section, the Special Inspector General shall examine how smaller financial institutions are being affected by-- ``(i) expenditures under the Program (including the adequacy of financial assistance provided to or on behalf of such smaller financial institutions); and ``(ii) the considerations and determinations of-- ``(I) the Secretary under this title; and ``(II) the regulators of such smaller financial institutions, with respect to capital adequacy and troubled assets. ``(B) Small businesses.--In conducting audits and providing oversight of the Troubled Asset Relief Program, the Special Inspector General shall examine the effects the provision of financial assistance under this title has had on small businesses, including both positive and negative effects and the extent of such effects on small businesses generally and by type and region. ``(C) Reports.--Any report prepared by the Special Inspector General under this section shall include the results of the activities of the Special Inspector General under paragraphs (1) and (2).''. (b) Report on Inclusion and Utilization of Women and Minorities.-- Section 121(i) of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5231(i)) is amended by adding at the end the following new paragraph: ``(6) Report on inclusion and utilization of women and minorities.-- ``(A) In general.--The Special Inspector General shall include in each quarterly report to the Congress under paragraph (1) information on the activities of the Secretary and any financial institutions receiving financial assistance under this title to include and utilize minorities (as such term is defined in section 1204(c) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1811 note)) and women, and minority- and women-owned businesses (as such terms are defined in section 21A(r)(4) of the Federal Home Loan Bank Act), in any solicitation or contract, including any contract to asset managers, servicers, property managers, and other service providers or expert consultants. ``(B) Information to be included.--The quarterly report shall include information on the levels of inclusion and utilization of women, minorities, and women- and minority-owned businesses, including the type of such contracts or solicitations, the dollar amount of such contracts or solicitations, the total number of such contracts or solicitations, and any other information on the activities of the Secretary and any financial institutions receiving financial assistance under this title to increase the participation of women, minorities ,and women- and minority-owned businesses including recommendations related to increasing such participation.''. Passed the House of Representatives September 15, 2009. Attest: LORRAINE C. MILLER, Clerk.

Summary: SIG TARP Small Business Awareness Act of 2009 - Amends the Emergency Economic Stabilization Act of 2008 (EESA) to direct the Special Inspector General (SIG) for the Troubled Asset Relief Program (TARP) to examine how smaller financial institutions are being affected by: (1) expenditures under TARP (especially the adequacy of financial assistance); (2) the considerations and determinations of the Secretary of the Treasury (Secretary) and the regulators of such smaller financial institutions regarding capital adequacy and troubled assets; and (3) the effects that TARP financial assistance has had upon small businesses, including by type and by region. Instructs the SIG to include, in quarterly reports to Congress, information on actions by the Secretary and any financial institutions receiving TARP assistance to include and utilize minorities and women, and minority- and women-owned businesses, in any solicitation or contract. Requires such reports to include information on: (1) the levels of inclusion and utilization of women, minorities, and women- and minority-owned businesses; (2) the type of such contracts or solicitations, their dollar amounts, and the total number of them; and (5) any other activities to increase the participation of women, minorities, and women- and minority-owned businesses, including recommendations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``International Tuberculosis Control Act of 2002''. SEC. 2. FINDINGS. Congress finds that: (1) Tuberculosis is a great health and economic burden to impoverished nations and a health and security threat to the United States and other industrialized countries. (2) Tuberculosis kills 2,000,000 people each year (a person every 15 seconds) and is second only to HIV/AIDS as the greatest infectious killer of adults worldwide. (3) Tuberculosis is today the leading killer of women of reproductive age and of people who are HIV-positive. (4) One-third of the world's population is currently infected with the tuberculosis bacterium, including 10,000,000 through 15,000,000 persons in the United States, and someone in the world is newly infected with tuberculosis every second. (5) With 46 percent of tuberculosis cases in the United States in the year 2000 found in foreign-born persons, as compared to 24 percent in 1990, it is clear that the only way to control tuberculosis in the United States is to control it worldwide. (6) Left untreated, a person with active tuberculosis can infect an average of 10 through 15 people in one year. (7) Pakistan and Afghanistan are among the 22 countries identified by the World Health Organization as having the highest tuberculosis burden globally. (8) More than one-quarter of all adult deaths in Pakistan are due to tuberculosis, and Afghan refugees entering Pakistan have very high rates of tuberculosis, with refugee camps, in particular, being areas where tuberculosis runs rampant. (9) The tuberculosis and AIDS epidemics are inextricably linked. Tuberculosis is the first manifestation of AIDS in more than 50 percent of cases in developing countries and is responsible for 40 percent or more of deaths of people with AIDS worldwide. (10) An effective, low-cost cure exists for tuberculosis: Directly Observed Treatment Short-course or DOTS. Expansion of DOTS is an urgent global priority. (11) DOTS is one of the most cost-effective health interventions available today. A full course of DOTS drugs costs as little as US$10 in low-income countries. (12) Proper DOTS treatment is imperative to prevent the development of dangerous multidrug resistant tuberculosis (MDR- TB) that arises through improper or incomplete tuberculosis treatment. (13) The Global Fund to fight AIDS, Tuberculosis, and Malaria is an important new global partnership established to combat these 3 infectious diseases that together kill 6,000,000 people a year. Expansion of effective tuberculosis treatment programs should constitute a major component of Global Fund investment. SEC. 3. DEFINITIONS. In this Act: (1) DOTS.--The term ``DOTS'' or ``Directly Observed Treatment Short-course'' means the World Health Organization- recommended strategy for treating standard tuberculosis. (2) Global alliance for tuberculosis drug development.--The term ``Global Alliance for Tuberculosis Drug Development'' means the public-private partnership that brings together leaders in health, science, philanthropy, and private industry to devise new approaches to tuberculosis and to ensure that new medications are available and affordable in high tuberculosis burden countries and other affected countries. (3) Global plan to stop tuberculosis.--The term ``Global Plan to Stop Tuberculosis'' means the plan developed jointly by the Stop Tuberculosis Partnership Secretariat and Partners in Health that lays out what needs to be done to control and eliminate tuberculosis. (4) Global tuberculosis drug facility.--The term ``Global Tuberculosis Drug Facility (GDF)'' means the new initiative of the Stop Tuberculosis Partnership to increase access to high- quality tuberculosis drugs to facilitate DOTS expansion. (5) Stop tuberculosis partnership.--The term ``Stop Tuberculosis Partnership'' means the partnership of the World Health Organization, donors including the United States, high tuberculosis burden countries, multilateral agencies, and nongovernmental and technical agencies committed to short- and long-term measures required to control and eventually eliminate tuberculosis as a public health problem in the world. SEC. 4. ASSISTANCE FOR TUBERCULOSIS PREVENTION, TREATMENT, CONTROL, AND ELIMINATION. Section 104(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b(c)) is amended by adding at the end the following: ``(7)(A) Congress recognizes the growing international problem of tuberculosis and the impact its continued existence has on those countries that had previously largely controlled the disease. Congress further recognizes that the means exist to control and treat tuberculosis by implementing the Global Plan to Stop Tuberculosis and by adequately investing in newly created mechanisms, including the Global Tuberculosis Drug Facility, and that it is therefore a major objective of the foreign assistance program to control the disease. To this end, Congress expects the agency primarily responsible for administering this part-- ``(i) to coordinate with the World Health Organization, the Centers for Disease Control, the National Institutes of Health, and other organizations with respect to the development and implementation of a comprehensive tuberculosis control program; and ``(ii) to set as a goal the detection of at least 70 percent of the cases of infectious tuberculosis, and the cure of at least 85 percent of the cases detected, by December 31, 2005, in those countries classified by the World Health Organization as among the highest tuberculosis burden, and by December 31, 2010, in all countries in which the agency has established development programs. ``(B)(i) There is authorized to be appropriated $200,000,000 for each of the fiscal years 2003 through 2005 for carrying out this paragraph. ``(ii) Funds appropriated under this paragraph are authorized to remain available until expended. ``(C) In carrying out subparagraph (A), not less than 75 percent of the amount authorized to be appropriated under subparagraph (B) shall be expended for antituberculosis drugs, supplies, patient services, and training in diagnosis and care, in order to increase directly observed treatment shortcourse (DOTS) coverage, including funding for the Global Tuberculosis Drug Facility. ``(D) In carrying out subparagraph (A), of the amount authorized to be appropriated under subparagraph (B)-- ``(i) not less than 10 percent shall be used for funding of the Global Tuberculosis Drug Facility; ``(ii) not less than 7.5 percent shall be used for funding of the Stop Tuberculosis Partnership; and ``(iii) not less than 2.5 percent shall be used for funding of the Global Alliance for Tuberculosis Drug Development. ``(E) The President shall submit a report to Congress annually specifying the increases in the number of people treated and the increases in number of tuberculosis patients cured through each program, project, or activity receiving United States foreign assistance for tuberculosis control purposes.''.

Summary: International Tuberculosis Control Act of 2002 - Amends the Foreign Assistance Act of 1961 to revise requirements for assistance for health programs in developing countries to declare that Congress recognizes that the means exist to control and treat the growing international problem of tuberculosis by implementing the Global Plan to Stop Tuberculosis and investing in new mechanisms like the Global Tuberculosis Drug Facility. Makes it a major objective of the foreign assistance program to control the disease.Declares that Congress expects the agency primarily responsible for administering this Act to: (1) coordinate with the World Health Organization (WHO), the Centers for Disease Control, the National Institutes of Health, and other organizations with respect to the development and implementation of a comprehensive tuberculosis control program; and (2) set specified deadlines for the detection of at least 70 percent of the cases of infectious tuberculosis, and the cure of at least 85 percent of them.Earmarks specified amounts of funds for antituberculosis drugs, supplies, patient services, and training in diagnosis and care in order to increase directly observed treatment shortcourse (DOTS) coverage, including funding for the Global Tuberculosis Drug Facility.


SECTION 1. SHORT TITLE. This Act may be cited as the ``King Cove Road Land Exchange Act''. SEC. 2. FINDING. Congress finds that the land exchange required under this Act (including the designation of the road corridor and the construction of the road along the road corridor) is in the public interest. SEC. 3. DEFINITIONS. In this Act: (1) Federal land.-- (A) In general.--The term ``Federal land'' means the approximately 206 acres of Federal land located within the Refuge as depicted on the map entitled ``Project Area Map'' and dated September 2012. (B) Inclusion.--The term ``Federal land'' includes the 131 acres of Federal land in the Wilderness, which shall be used for the road corridor along which the road is to be constructed in accordance with section 4(b)(2). (2) Non-federal land.--The term ``non-Federal land'' means the approximately 43,093 acres of land owned by the State as depicted on the map entitled ``Project Area Map'' and dated September 2012. (3) Refuge.--The term ``Refuge'' means the Izembek National Wildlife Refuge in the State. (4) Road corridor.--The term ``road corridor'' means the road corridor designated under section 4(b)(1). (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) State.--The term ``State'' means the State of Alaska. (7) Wilderness.--The term ``Wilderness'' means the Izembek Wilderness designated by section 702(6) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 1132 note; Public Law 96-487). SEC. 4. LAND EXCHANGE REQUIRED. (a) In General.--If the State offers to convey to the Secretary all right, title, and interest of the State in and to the non-Federal land, the Secretary shall convey to the State all right, title, and interest of the United States in and to the Federal land. (b) Use of Federal Land.--The Federal land shall be conveyed to the State for the purposes of-- (1) designating a road corridor through the Refuge; and (2) constructing a single-lane gravel road along the road corridor subject to the requirements in section 6. (c) Valuation, Appraisals, and Equalization.-- (1) In general.--The value of the Federal land and the non- Federal land to be exchanged under this section-- (A) shall be equal, as determined by appraisals conducted in accordance with paragraph (2); or (B) if not equal, shall be equalized in accordance with paragraph (3). (2) Appraisals.-- (A) In general.--As soon as practicable after the date of enactment of this Act, the Secretary and State shall select an appraiser to conduct appraisals of the Federal land and non-Federal land. (B) Requirements.--The appraisals required under subparagraph (A) shall be conducted in accordance with nationally recognized appraisal standards, including-- (i) the Uniform Appraisal Standards for Federal Land Acquisitions; and (ii) the Uniform Standards of Professional Appraisal Practice. (3) Equalization.-- (A) Surplus of federal land.--If the final appraised value of the Federal land exceeds the final appraised value of the non-Federal land to be conveyed under the land exchange under this section, the value of the Federal land and non-Federal land shall be equalized-- (i) by conveying additional non-Federal land in the State to the Secretary, subject to the approval of the Secretary; (ii) by the State making a cash payment to the United States; or (iii) by using a combination of the methods described in clauses (i) and (ii). (B) Surplus of non-federal land.--If the final appraised value of the non-Federal land exceeds the final appraised value of the Federal land to be conveyed under the land exchange under this section, the value of the Federal land and non-Federal land shall be equalized by the State adjusting the acreage of the non-Federal land to be conveyed. (C) Amount of payment.--Notwithstanding section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)), the Secretary may accept a payment under subparagraph (A)(ii) in excess of 25 percent of the value of the Federal land conveyed. (d) Administration.--On completion of the exchange of Federal land and non-Federal land under this section-- (1) the boundary of the Wilderness shall be modified to exclude the Federal land; and (2) the non-Federal land shall be-- (A) added to the Wilderness; and (B) administered in accordance with-- (i) the Wilderness Act (16 U.S.C. 1131 et seq.); and (ii) other applicable laws. (e) Deadline.--The land exchange under this section shall be completed not later than 180 days after the date of enactment of this Act. SEC. 5. ROUTE OF ROAD CORRIDOR. The route of the road corridor shall follow the southern road alignment as described in the alternative entitled ``Alternative 2-Land Exchange and Southern Road Alignment'' in the final environmental impact statement entitled ``Izembek National Wildlife Refuge Land Exchange/Road Corridor Final Environmental Impact Statement'' and dated February 5, 2013. SEC. 6. REQUIREMENTS RELATING TO ROAD. The requirements relating to usage, barrier cables, and dimensions and the limitation on support facilities under subsections (a) and (b) of section 6403 of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1180) shall apply to the road constructed in the road corridor. SEC. 7. EFFECT. The exchange of Federal land and non-Federal land and the road to be constructed under this Act (including the issuance of any permit that may be required from any Federal agency to construct the road) shall not constitute a major Federal action for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

Summary: King Cove Road Land Exchange Act This bill declares that, if the state of Alaska offers to convey to the Department of the Interior 43,093 acres of state-owned land, Interior shall convey to Alaska, in exchange, 206 acres of federal land within the Izembek National Wildlife Refuge and 131 acres of federal land within the Izembek Wilderness, for purposes of: (1) designating a road corridor through the refuge, and (2) constructing a single-lane gravel road along the road corridor. The values of the federal and nonfederal lands to be exchanged shall be equal. Interior and Alaska shall select an appraiser to conduct appraisals of the federal and nonfederal lands in accordance with nationally recognized appraisal standards. The bill requires the route of the road corridor to follow a specified southern road alignment. The bill states that the exchange of the federal and nonfederal lands and the road to be constructed under this bill (including the issuance of any permit that may be required from any federal agency to construct such road) shall not constitute a major federal action requiring environmental impact review under the National Environmental Policy Act of 1969.


SECTION 1. ESTATE AND GIFT TAX RATES REDUCED TO 30 PERCENT. (a) Estate Tax.-- (1) In general.--Section 2001 of the Internal Revenue Code of 1986 (relating to estate tax) is amended by striking subsections (b) and (c) and by inserting after subsection (a) the following new subsection: ``(b) Computation of Tax.--The tax imposed by this section shall be the amount equal to the excess (if any) of-- ``(1) 30 percent of the sum of-- ``(A) the amount of the taxable estate, and ``(B) the amount of the adjusted taxable gifts, over ``(2) the aggregate amount of tax paid under chapter 12 with respect to gifts made by the decedent after December 31, 1976. For purposes of paragraph (1)(B), the term `adjusted taxable gifts' means the total amount of the taxable gifts (within the meaning of section 2503) made by the decedent after December 31, 1976, other than gifts which are includible in the gross estate of the decedent.''. (2) Conforming amendments.-- (A) Section 2010(c) of such Code is amended by striking ``tentative'' both places it appears and inserting ``tax''. (B) Subsection (b) of section 2101 of such Code is amended to read as follows: ``(b) Computation of Tax.--The tax imposed by this section shall be the amount equal to the excess (if any) of-- ``(1) 30 percent of the sum of-- ``(A) the amount of the taxable estate, and ``(B) the amount of the adjusted taxable gifts, over ``(2) the aggregate amount of tax paid under chapter 12 with respect to gifts made by the decedent after December 31, 1976.''. (C) Subsection (b) of section 2102 of such Code is amended-- (i) by striking ``$13,000'' each place it appears and inserting ``$20,000'', and (ii) by striking ``$46,800'' and inserting ``$52,500''. (D) Section 2201 is amended-- (i) in subsection (a) by striking ``the rate schedule set forth in subsection (c) shall be deemed to be the rate schedule set forth in section 2001(c)'' and inserting ``the tax determined under subsection (c) shall be deemed to be the tax determined under section 2001(b)'', and (ii) in subsection (c) by striking ``tentative'' each place it appears. (b) Gift Tax.-- (1) In general.--Section 2502 of such Code is amended to read as follows: ``SEC. 2502. RATE OF TAX. ``(a) General Rule.--The tax imposed by section 2501 for each calendar year shall be an amount equal to 30 percent of the sum of the taxable gifts for such calendar year. ``(b) Tax to Be Paid by Donor.--The tax imposed by section 2501 shall be paid by the donor.''. (2) Conforming amendments.-- (A) Subchapter A of chapter 12 of such Code is amended by striking section 2504. (B) The table of sections for such subchapter is amended by striking the item relating to section 2504. (c) Estate Tax Retained.-- (1) In general.--Section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 shall not apply to title V of such Act. (2) Retention.--Subtitles A and E of title V of the Economic Growth and Tax Relief Reconciliation Act of 2001, and the amendments made by such subtitles, are hereby repealed; and the Internal Revenue Code of 1986 shall be applied as if such subtitles, and amendments, had never been enacted. (3) Conforming amendments.--Subsections (d), (e), and (f)(3) of section 511 of the Economic Growth and Tax Relief Reconciliation Act of 2001, and the amendments made by such subsections, are hereby repealed; and the Internal Revenue Code of 1986 shall be applied as if such subsections, and amendments, had never been enacted. (d) Effective Date.--The amendments made by this section shall apply to estates of decedents dying, and gifts made, after the date of the enactment of this Act. SEC. 2. UNIFIED CREDIT INCREASED TO EQUIVALENT OF $10,000,000 EXCLUSION; INFLATION ADJUSTMENT OF UNIFIED CREDIT. (a) In General.--Subsection (c) of section 2010 of the Internal Revenue Code of 1986 (relating to applicable credit amount) is amended to read as follows: ``(c) Applicable Credit Amount.--For purposes of this section, the applicable credit amount is the amount of the tax which would be determined under section 2001(b) if the amount with respect to which such tax is to be computed were the applicable exclusion amount. For purposes of the preceding sentence, the applicable exclusion amount is $10,000,000.''. (b) Inflation Adjustment.--Section 2010 of such Code is amended by redesignating subsection (d) as subsection (e) and by inserting after subsection (c) the following new subsection: ``(d) Cost-of-Living Adjustment.--In the case of any decedent dying, and gift made, in a calendar year after 2005, the $10,000,000 amount set forth in subsection (c) shall be increased by an amount equal to-- ``(1) $10,000,000, multiplied by ``(2) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting `calendar year 2004' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000.''. (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying, and gifts made, after the date of the enactment of this Act. SEC. 3. ANNUAL GIFT TAX EXCLUSION INCREASED TO $50,000. (a) In General.--Subsection (b) of section 2503 of the Internal Revenue Code of 1986 (relating to exclusion from gifts) is amended by striking ``$10,000'' each place it appears and inserting ``$50,000''. (b) Resetting of Inflation Adjustment.--Paragraph (2) of section 2503(b) of such Code is amended-- (1) by striking ``1998'' and inserting ``2005'', and (2) by striking ``1997'' and inserting ``2004''. (c) Effective Date.--The amendments made by this section shall apply to gifts made after December 31, 2004.

Summary: Amends the Internal Revenue Code to: (1) reduce the top marginal tax rate for estates and gifts to 30 percent; (2) increase the estate tax exclusion amount to $10 million, with an annual adjustment for inflation; and (3) increase the annual gift tax exclusion from $10,000 to $50,000.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Upper Housatonic Valley National Heritage Area Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) The upper Housatonic Valley, encompassing 29 towns in the hilly terrain of western Massachusetts and northwestern Connecticut, is a singular geographical and cultural region that has made significant national contributions through its literary, artistic, musical, and architectural achievements, its iron, paper, and electrical equipment industries, and its scenic beautification and environmental conservation efforts. (2) The upper Housatonic Valley has 139 properties and historic districts listed on the National Register of Historic Places including-- (A) five National Historic Landmarks-- (i) Edith Wharton's home, The Mount, Lenox, Massachusetts; (ii) Herman Melville's home, Arrowhead, Pittsfield, Massachusetts; (iii) W.E.B. DuBois' Boyhood Homesite, Great Barrington, Massachusetts; (iv) Mission House, Stockbridge, Massachusetts; and (v) Crane and Company Old Stone Mill Rag Room, Dalton, Massachusetts; and (B) four National Natural Landmarks-- (i) Bartholomew's Cobble, Sheffield, Massachusetts, and Salisbury, Connecticut; (ii) Beckley Bog, Norfolk, Connecticut; (iii) Bingham Bog, Salisbury, Connecticut; and (iv) Cathedral Pines, Cornwall, Connecticut. (3) Writers, artists, musicians, and vacationers have visited the region for more than 150 years to enjoy its scenic wonders, making it one of the country's leading cultural resorts. (4) The upper Housatonic Valley has made significant national cultural contributions through such writers as Herman Melville, Nathaniel Hawthorne, Edith Wharton, and W.E.B. DuBois, artists Daniel Chester French and Norman Rockwell, and the performing arts centers of Tanglewood, Music Mountain, Norfolk (Connecticut) Chamber Music Festival, Jacob's Pillow, and Shakespeare & Company. (5) The upper Housatonic Valley is noted for its pioneering achievements in the iron, paper, and electrical generation industries and has cultural resources to interpret those industries. (6) The region became a national leader in scenic beautification and environmental conservation efforts following the era of industrialization and deforestation and maintains a fabric of significant conservation areas including the meandering Housatonic River. (7) Important historical events related to the American Revolution, Shays' Rebellion, and early civil rights took place in the upper Housatonic Valley. (8) The region had an American Indian presence going back 10,000 years and Mohicans had a formative role in contact with Europeans during the seventeenth and eighteenth centuries. (9) The Upper Housatonic Valley National Heritage Area has been proposed in order to heighten appreciation of the region, preserve its natural and historical resources, and improve the quality of life and economy of the area. (b) Purposes.--The purposes of this Act are as follows: (1) To establish the Upper Housatonic Valley National Heritage Area in the State of Connecticut and the Commonwealth of Massachusetts. (2) To implement the national heritage area alternative as described in the document entitled ``Upper Housatonic Valley National Heritage Area Feasibility Study, 2003''. (3) To provide a management framework to foster a close working relationship with all levels of government, the private sector, and the local communities in the upper Housatonic Valley region to conserve the region's heritage while continuing to pursue compatible economic opportunities. (4) To assist communities, organizations, and citizens in the State of Connecticut and the Commonwealth of Massachusetts in identifying, preserving, interpreting, and developing the historical, cultural, scenic, and natural resources of the region for the educational and inspirational benefit of current and future generations. SEC. 3. DEFINITIONS. In this Act: (1) Heritage area.--The term ``Heritage Area'' means the Upper Housatonic Valley National Heritage Area, established in section 4. (2) Management entity.--The term ``Management Entity'' means the management entity for the Heritage Area designated by section 4(d). (3) Management plan.--The term ``Management Plan'' means the management plan for the Heritage Area specified in section 6. (4) Map.--The term ``map'' means the map entitled ``Boundary Map Upper Housatonic Valley National Heritage Area'', numbered P17/80,000, and dated February 2003. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) State.--The term ``State'' means the State of Connecticut and the Commonwealth of Massachusetts. SEC. 4. UPPER HOUSATONIC VALLEY NATIONAL HERITAGE AREA. (a) Establishment.--There is established the Upper Housatonic Valley National Heritage Area. (b) Boundaries.--The Heritage Area shall be comprised of-- (1) part of the Housatonic River's watershed, which extends 60 miles from Lanesboro, Massachusetts to Kent, Connecticut; (2) the towns of Canaan, Colebrook, Cornwall, Kent, Norfolk, North Canaan, Salisbury, Sharon, and Warren in Connecticut; (3) the towns of Alford, Becket, Dalton, Egremont, Great Barrington, Hancock, Hinsdale, Lanesboro, Lee, Lenox, Monterey, Mount Washington, New Marlboro, Pittsfield, Richmond, Sheffield, Stockbridge, Tyringham, Washington, and West Stockbridge in Massachusetts; and (4) the land and water within the boundaries of the Heritage Area, as depicted on the map. (c) Availability of Map.--The map shall be on file and available for public inspection in the appropriate offices of the National Park Service, Department of the Interior. (d) Management Entity.--The Upper Housatonic Valley National Heritage Area, Inc. shall be the management entity for the Heritage Area. SEC. 5. AUTHORITIES, PROHIBITIONS AND DUTIES OF THE MANAGEMENT ENTITY. (a) Duties of the Management Entity.--To further the purposes of the Heritage Area, the management entity shall-- (1) prepare and submit a management plan for the Heritage Area to the Secretary in accordance with section 6; (2) assist units of local government, regional planning organizations, and nonprofit organizations in implementing the approved management plan by-- (A) carrying out programs and projects that recognize, protect and enhance important resource values within the Heritage Area; (B) establishing and maintaining interpretive exhibits and programs within the Heritage Area; (C) developing recreational and educational opportunities in the Heritage Area; (D) increasing public awareness of and appreciation for natural, historical, scenic, and cultural resources of the Heritage Area; (E) protecting and restoring historic sites and buildings in the Heritage Area that are consistent with heritage area themes; (F) ensuring that clear, consistent, and appropriate signs identifying points of public access and sites of interest are posted throughout the Heritage Area; and (G) promoting a wide range of partnerships among governments, organizations and individuals to further the purposes of the Heritage Area; (3) consider the interests of diverse units of government, businesses, organizations and individuals in the Heritage Area in the preparation and implementation of the management plan; (4) conduct meetings open to the public at least semi- annually regarding the development and implementation of the management plan; (5) submit an annual report to the Secretary for any fiscal year in which the management entity receives Federal funds under this Act, setting forth its accomplishments, expenses, and income, including grants to any other entities during the year for which the report is made; (6) make available for audit for any fiscal year in which it receives Federal funds under this Act, all information pertaining to the expenditure of such funds and any matching funds, and require in all agreements authorizing expenditures of Federal funds by other organizations, that the receiving organizations make available for such audit all records and other information pertaining to the expenditure of such funds; and (7) encourage by appropriate means economic viability that is consistent with the purposes of the Heritage Area. (b) Authorities.--The management entity may, for the purposes of preparing and implementing the management plan for the Heritage Area, use Federal funds made available through this Act to-- (1) make grants to the State of Connecticut and the Commonwealth of Massachusetts, their political subdivisions, nonprofit organizations and other persons; (2) enter into cooperative agreements with or provide technical assistance to the State of Connecticut and the Commonwealth of Massachusetts, their political jurisdictions, nonprofit organizations, and other interested parties; (3) hire and compensate staff, which shall include individuals with expertise in natural, cultural, and historical resources protection, and heritage programming; (4) obtain money or services from any source including any that are provided under any other Federal law or program; (5) contract for goods or services; and (6) undertake to be a catalyst for any other activity that furthers the purposes of the Heritage Area and is consistent with the approved management plan. (c) Prohibitions on the Acquisition of Real Property.--The management entity may not use Federal funds received under this Act to acquire real property, but may use any other source of funding, including other Federal funding outside this authority, intended for the acquisition of real property. SEC. 6. MANAGEMENT PLAN. (a) In General.--The management plan for the Heritage Area shall-- (1) include comprehensive policies, strategies and recommendations for conservation, funding, management and development of the Heritage Area; (2) take into consideration existing State, county, and local plans in the development of the management plan and its implementation; (3) include a description of actions that governments, private organizations, and individuals have agreed to take to protect the natural, historical and cultural resources of the Heritage Area; (4) specify the existing and potential sources of funding to protect, manage, and develop the Heritage Area in the first 5 years of implementation; (5) include an inventory of the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area related to the themes of the Heritage Area that should be preserved, restored, managed, developed, or maintained; (6) recommend policies and strategies for resource management that consider and detail the application of appropriate land and water management techniques including, but not limited to, the development of intergovernmental and interagency cooperative agreements to protect the Heritage Area's natural, historical, cultural, educational, scenic and recreational resources; (7) describe a program of implementation for the management plan including plans for resource protection, restoration, construction, and specific commitments for implementation that have been made by the management entity or any government, organization, or individual for the first 5 years of implementation; (8) include an analysis and recommendations for ways in which local, State, and Federal programs, including the role of the National Park Service in the Heritage Area, may best be coordinated to further the purposes of this Act; and (9) include an interpretive plan for the Heritage Area. (b) Deadline and Termination of Funding.-- (1) Deadline.--The management entity shall submit the management plan to the Secretary for approval within 3 years after funds are made available for this Act. (2) Termination of funding.--If the management plan is not submitted to the Secretary in accordance with this subsection, the management entity shall not qualify for Federal funding under this Act until such time as the management plan is submitted to and approved by the Secretary. SEC. 7. DUTIES AND AUTHORITIES OF THE SECRETARY. (a) Technical and Financial Assistance.-- (1) In general.--The Secretary may, upon the request of the management entity, provide technical assistance on a reimbursable or non-reimbursable basis and financial assistance to the Heritage Area to develop and implement the approved management plan. The Secretary is authorized to enter into cooperative agreements with the management entity and other public or private entities for this purpose. In assisting the Heritage Area, the Secretary shall give priority to actions that in general assist in-- (A) conserving the significant natural, historical, cultural, and scenic resources of the Heritage Area; and (B) providing educational, interpretive, and recreational opportunities consistent with the purposes of the Heritage Area. (2) Spending for non-federally owned property.--The Secretary may spend Federal funds directly on non-federally owned property to further the purposes of this Act, especially in assisting units of government in appropriate treatment of districts, sites, buildings, structures, and objects listed or eligible for listing on the National Register of Historic Places. (b) Approval and Disapproval of Management Plan.-- (1) In general.--The Secretary shall approve or disapprove the management plan not later than 90 days after receiving the management plan. (2) Criteria for approval.--In determining the approval of the management plan, the Secretary shall consider whether-- (A) the management entity is representative of the diverse interests of the Heritage Area including governments, natural and historic resource protection organizations, educational institutions, businesses, and recreational organizations; (B) the management entity has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management plan; (C) the resource protection and interpretation strategies contained in the management plan, if implemented, would adequately protect the natural, historical, and cultural resources of the Heritage Area; and (D) the Secretary has received adequate assurances from the appropriate State and local officials whose support is needed to ensure the effective implementation of the State and local aspects of the management plan. (3) Action following disapproval.--If the Secretary disapproves the management plan, the Secretary shall advise the management entity in writing of the reasons therefore and shall make recommendations for revisions to the management plan. The Secretary shall approve or disapprove a proposed revision within 60 days after the date it is submitted. (4) Approval of amendments.--Substantial amendments to the management plan shall be reviewed by the Secretary and approved in the same manner as provided for the original management plan. The management entity shall not use Federal funds authorized by this Act to implement any amendments until the Secretary has approved the amendments. SEC. 8. DUTIES OF OTHER FEDERAL AGENCIES. Any Federal agency conducting or supporting activities directly affecting the Heritage Area shall-- (1) consult with the Secretary and the management entity with respect to such activities; (2) cooperate with the Secretary and the management entity in carrying out their duties under this Act and, to the maximum extent practicable, coordinate such activities with the carrying out of such duties; and, (3) to the maximum extent practicable, conduct or support such activities in a manner which the management entity determines will not have an adverse effect on the Heritage Area. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated for the purposes of this Act not more than $1,000,000 for any fiscal year. Not more than a total of $10,000,000 may be appropriated for the Heritage Area under this Act. (b) Matching Funds.--Federal funding provided under this Act may not exceed 50 percent of the total cost of any assistance or grant provided or authorized under this Act. SEC. 10. SUNSET. The authority of the Secretary to provide assistance under this Act shall terminate on the day occurring 15 years after the date of enactment of the Act.

Summary: Upper Housatonic Valley National Heritage Area Act - Establishes the Upper Housatonic Valley National Heritage Area in Connecticut and Massachusetts. Designates the Upper Housatonic Valley National Heritage Area, Inc., as the Areas' management entity, which shall: (1) submit to the Secretary of the Interior for approval a management plan which includes policies, strategies, and recommendations for conservation, funding, management, development, and interpretation of the Area; and (2) assist local governments, regional planning organizations, and nonprofit organizations in implementing the plan. Prohibits the entity from using Federal funds received under this Act to acquire real property. Authorizes the Secretary to provide technical and financial assistance to the Area and enter into cooperative agreements with the management entity to develop and implement the plan.


SECTION 1. TEMPORARY DUTY SUSPENSIONS ON CERTAIN HIV DRUG SUBSTANCES. (a) In General.--Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new headings: `` 9902.32.14 (S)-N-tert-butyl- 1,2,3,4- tetrahydro-3- isoquinoline carboxamide (CAS No. 149182- 72-9)(provided for in subheading 2933.40.60).... Free No change No change On or before 6/ 30/99 9902.32.16 (S)-N-tert-butyl- 1,2,3,4- tetrahydro-3- isoquinoline carboxamide hydrochloride salt (CAS No. 149057-17-0)(pr ovided for in subheading 2933.40.60).... Free No change No change On or before 6/ 30/99 9902.32.18 (S)-N-tert-butyl- 1,2,3,4- tetrahydro-3- isoquinoline carboxamide sulfate salt (CAS No. 186537- 30-4)(provided for in subheading 2933.40.60).... Free No change No change On or before 6/ 30/99 9902.32.20 (3S)-1,2,3,4- tetrahydroisoqu inoline-3- carboxylic acid (CAS No. 74163- 81-8)(provided for in subheading 2933.40.60).... Free No change No change On or before 6/ 30/99 '' (b) Effective Date.--The amendment made by subsection (a) applies with respect to goods entered, or withdrawn from warehouse for consumption, on or after the date that is 15 days after the date of enactment of this Act.

Summary: Amends the Harmonized Tariff Schedule of the United States to suspend, through June 30, 1999, the duty on certain drug substances used as HIV antiviral drugs: (1) (S)-N-tert-butyl-1,2,3,4-tetrahydro- 3-isoquinoline carboxamide; (2) (S)-N-tert-butyl-1,2,3,4-tetrahydro-3- isoquinoline carboxamide hydrochloride salt; (3) (S)-N-tert-butyl- 1,2,3,4- tetrahydro-3-isoquinoline carboxamide sulfate salt; and (4) (3S)-1,2,3,4-tetrahydroisoquinoline-3-carboxylic acid.


SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Close Big Oil Tax Loopholes Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Sense of Senate on high gas prices. TITLE I--CLOSE BIG OIL TAX LOOPHOLES Sec. 101. Modifications of foreign tax credit rules applicable to major integrated oil companies which are dual capacity taxpayers. Sec. 102. Limitation on section 199 deduction attributable to oil, natural gas, or primary products thereof. Sec. 103. Limitation on deduction for intangible drilling and development costs. Sec. 104. Limitation on percentage depletion allowance for oil and gas wells. Sec. 105. Limitation on deduction for tertiary injectants. TITLE II--OUTER CONTINENTAL SHELF OIL AND NATURAL GAS Sec. 201. Repeal of outer Continental Shelf deep water and deep gas royalty relief. TITLE III--MISCELLANEOUS Sec. 301. Deficit reduction. Sec. 302. Budgetary effects. SEC. 2. FINDINGS. Congress finds that-- (1) gas prices have risen significantly largely in response to unrest in north Africa and the Middle East, unrest that speculators are capitalizing on to increase oil futures prices and make huge profits; (2) high gas prices are hurting the quality of life of people of the United States, cutting into savings, and jeopardizing jobs and the economic recovery of the United States; (3) implementation of the regulatory reforms enacted by Congress in the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203; 124 Stat. 1376) to prevent energy market manipulation and control excessive speculation has been delayed and has been threatened with funding reductions in the House of Representatives; (4) the United States is producing more oil than any time in the last 13 years and companies hold abundant inventories of oil, but the United States is still importing more than 11,000,000 barrels of oil per day and the Energy Information Administration projects that full production in all onshore and offshore areas would reduce gas prices by only 3 cents per gallon by 2030; (5) domestic refining capacity now exceeds United States demand for refined petroleum products, resulting in increased idle refinery capacity; (6) oil companies are sitting idly on approximately 60,000,000 acres of leased Federal lands and waters containing more than 11,000,000,000 barrels of oil and 59,000,000,000,000 cubic feet of natural gas; (7) the United States possesses less than 2 percent of the proven oil reserves of the world, yet consumes an unsustainable 25 percent of the oil production of the world; (8) the economy of the United States suffers huge net losses in jobs and productivity from the growing annual trade deficit in energy, due mainly to the outflow of $250,000,000,000 or more to pay for foreign oil; (9) world oil prices have risen steadily since the slow beginning of the global economic recovery and, absent major efficiency or conservation improvements or deployment of alternative fuels, those oil prices are projected to remain well above $100 per barrel or higher as world demand grows as China, India and other countries industrialize; (10) the oil production policies of cartel of the Organization of the Petroleum Exporting Countries (OPEC) are a large determinant of the world price of oil, so the economy of the United States will be affected by decisions of OPEC as long as the United States depends on oil for a significant portion of the energy consumption of the United States; (11) the major oil companies have accumulated more than $1,000,000,000,000 in net profits over the last 10 years and collected more than $40,000,000,000 in tax breaks during the same period, but have invested negligible amounts of those funds into research and development of the production of clean and renewable fuels made in the United States, leaving consumers with few if any choices at the pump; and (12) in the Energy Independence and Security Act of 2007 (42 U.S.C. 17001 et seq.), Congress increased fuel economy standards for the first time in 30 years and established ambitious requirements for domestic biofuels, actions that have reduced oil consumption and reduced upward pressure on gas prices. SEC. 3. SENSE OF SENATE ON HIGH GAS PRICES. It is the sense of the Senate that-- (1) the President and Administration should be commended for recognizing the severity of high gas prices and for taking appropriate actions to help reduce gas prices, including actions-- (A) to move forward with expeditious and responsible domestic production in the Gulf of Mexico and elsewhere; (B) to form a Task Force led by the Department of Justice to investigate and eliminate oil and gas price gouging and market manipulation; (C) to establish a national oil savings goal to cut imports by 33 percent by 2025; (D) to call for 1,000,000 electric vehicles to be on the road by 2015; (E) to harmonize corporate average fuel standards under section 32902 of title 49, United States Code, (CAFE) and carbon pollution standards to achieve 1,800,000,000 barrels in oil savings from new vehicles built before 2017, and working with stakeholders to increase those savings from future year vehicles; (F) to establish the National Clean Fleets Partnership and Green Fleet Initiative to reduce diesel and gasoline use in fleets by incorporating electric vehicles, alternative fuels like natural gas, and efficiency measures; and (G) to clarify and expand the use of E-15 fuel for new motor vehicles; (2) Congress should take additional actions to complement the efforts of the President, including enacting provisions-- (A) to encourage diligent and responsible development of domestic oil and gas resources onshore and off-shore; (B) to eliminate subsidies for major oil and gas companies and use the savings to promote research, development, and deployment of affordable alternative fuels and vehicles; (C) to give consumers more choices at the pump and incentives for buying vehicles that displace petroleum consumption; and (D) to direct and fund the Commodity Futures Trading Commission and the Federal Trade Commission to rapidly implement the energy consumer protection requirements of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203; 124 Stat. 1376); (3) the Organization of the Petroleum Exporting Countries (OPEC) should contribute to the stabilization of world oil markets and prices and reduce the burden of high gasoline prices borne by the consumers in the United States by using existing idle oil production capacity to compensate for any supply shortages experienced in member countries; and (4) the economic, environmental, and national security of the United States depend on a sustained effort to drastically reduce and eventually eliminate the dependency of the United States on oil. TITLE I--CLOSE BIG OIL TAX LOOPHOLES SEC. 101. MODIFICATIONS OF FOREIGN TAX CREDIT RULES APPLICABLE TO MAJOR INTEGRATED OIL COMPANIES WHICH ARE DUAL CAPACITY TAXPAYERS. (a) In General.--Section 901 of the Internal Revenue Code of 1986 is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following new subsection: ``(n) Special Rules Relating to Major Integrated Oil Companies Which Are Dual Capacity Taxpayers.-- ``(1) General rule.--Notwithstanding any other provision of this chapter, any amount paid or accrued by a dual capacity taxpayer which is a major integrated oil company (as defined in section 167(h)(5)(B)) to a foreign country or possession of the United States for any period shall not be considered a tax-- ``(A) if, for such period, the foreign country or possession does not impose a generally applicable income tax, or ``(B) to the extent such amount exceeds the amount (determined in accordance with regulations) which-- ``(i) is paid by such dual capacity taxpayer pursuant to the generally applicable income tax imposed by the country or possession, or ``(ii) would be paid if the generally applicable income tax imposed by the country or possession were applicable to such dual capacity taxpayer. Nothing in this paragraph shall be construed to imply the proper treatment of any such amount not in excess of the amount determined under subparagraph (B). ``(2) Dual capacity taxpayer.--For purposes of this subsection, the term `dual capacity taxpayer' means, with respect to any foreign country or possession of the United States, a person who-- ``(A) is subject to a levy of such country or possession, and ``(B) receives (or will receive) directly or indirectly a specific economic benefit (as determined in accordance with regulations) from such country or possession. ``(3) Generally applicable income tax.--For purposes of this subsection-- ``(A) In general.--The term `generally applicable income tax' means an income tax (or a series of income taxes) which is generally imposed under the laws of a foreign country or possession on income derived from the conduct of a trade or business within such country or possession. ``(B) Exceptions.--Such term shall not include a tax unless it has substantial application, by its terms and in practice, to-- ``(i) persons who are not dual capacity taxpayers, and ``(ii) persons who are citizens or residents of the foreign country or possession.''. (b) Effective Date.-- (1) In general.--The amendments made by this section shall apply to taxes paid or accrued in taxable years beginning after the date of the enactment of this Act. (2) Contrary treaty obligations upheld.--The amendments made by this section shall not apply to the extent contrary to any treaty obligation of the United States. SEC. 102. LIMITATION ON SECTION 199 DEDUCTION ATTRIBUTABLE TO OIL, NATURAL GAS, OR PRIMARY PRODUCTS THEREOF. (a) Denial of Deduction.--Paragraph (4) of section 199(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(E) Special rule for certain oil and gas income.--In the case of any taxpayer who is a major integrated oil company (as defined in section 167(h)(5)(B)) for the taxable year, the term `domestic production gross receipts' shall not include gross receipts from the production, transportation, or distribution of oil, natural gas, or any primary product (within the meaning of subsection (d)(9)) thereof.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2011. SEC. 103. LIMITATION ON DEDUCTION FOR INTANGIBLE DRILLING AND DEVELOPMENT COSTS. (a) In General.--Section 263(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: ``This subsection shall not apply to amounts paid or incurred by a taxpayer in any taxable year in which such taxpayer is a major integrated oil company (as defined in section 167(h)(5)(B)).''. (b) Effective Date.--The amendment made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2011. SEC. 104. LIMITATION ON PERCENTAGE DEPLETION ALLOWANCE FOR OIL AND GAS WELLS. (a) In General.--Section 613A of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(f) Application With Respect to Major Integrated Oil Companies.-- In the case of any taxable year in which the taxpayer is a major integrated oil company (as defined in section 167(h)(5)(B)), the allowance for percentage depletion shall be zero.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2011. SEC. 105. LIMITATION ON DEDUCTION FOR TERTIARY INJECTANTS. (a) In General.--Section 193 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(d) Application With Respect to Major Integrated Oil Companies.-- This section shall not apply to amounts paid or incurred by a taxpayer in any taxable year in which such taxpayer is a major integrated oil company (as defined in section 167(h)(5)(B)).''. (b) Effective Date.--The amendment made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2011. TITLE II--OUTER CONTINENTAL SHELF OIL AND NATURAL GAS SEC. 201. REPEAL OF OUTER CONTINENTAL SHELF DEEP WATER AND DEEP GAS ROYALTY RELIEF. (a) In General.--Sections 344 and 345 of the Energy Policy Act of 2005 (42 U.S.C. 15904, 15905) are repealed. (b) Administration.--The Secretary of the Interior shall not be required to provide for royalty relief in the lease sale terms beginning with the first lease sale held on or after the date of enactment of this Act for which a final notice of sale has not been published. TITLE III--MISCELLANEOUS SEC. 301. DEFICIT REDUCTION. The net amount of any savings realized as a result of the enactment of this Act and the amendments made by this Act (after any expenditures authorized by this Act and the amendments made by this Act) shall be deposited in the Treasury and used for Federal budget deficit reduction or, if there is no Federal budget deficit, for reducing the Federal debt in such manner as the Secretary of the Treasury considers appropriate. SEC. 302. BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.

Summary: Close Big Oil Tax Loopholes Act - Expresses the sense of the Senate that: (1) the President and Administration should be commended for recognizing the severity of high gas prices and for taking appropriate actions to help reduce gas prices; (2) Congress should take additional actions to complement the efforts of the President; (3) the Organization of Petroleum Exporting Countries (OPEC) should contribute to the stabilization of world oil markets and prices and reduce the burden of high gasoline prices by using existing idle oil production capacity to compensate for any supply shortages; and (4) U.S. economic, environmental, and national security depend on a sustained effort to reduce and eventually eliminate the dependence of the United States on oil. Amends the Internal Revenue Code to deny to oil companies with gross receipts in excess of $1 billion in a taxable year and an average daily worldwide production of crude oil of at least 500,000 barrels a year: (1) a foreign tax credit if such company is a dual capacity taxpayer, as defined by this Act; (2) the tax deduction for income attributable to domestic production of oil, natural gas, or primary products thereof; (3) the tax deduction for intangible drilling and development costs; (4) the percentage depletion allowance for oil and gas wells; and (5) the tax deduction for qualified tertiary injectant expenses. Amends the Energy Policy Act of 2005 to repeal the authority of the Secretary of the Interior to grant royalty relief (suspension of royalties) for natural gas production from deep wells and deep water oil and gas production in the Outer Continental Shelf. Dedicates any increased revenue generated by this Act to the reduction of a federal budget deficit or the public debt. Provides for compliance of the budgetary effects of this Act with the Statutory Pay-As-You-Go Act of 2010.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Caregiver Support and Protection Act of 1996''. SEC. 2. COVERAGE OF RESPITE CARE SERVICES UNDER MEDICARE. (a) In General.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (1) by striking ``and'' at the end of subparagraph (N); (2) by striking ``and'' at the end of subparagraph (O); and (3) by inserting after subparagraph (O) the following new subparagraph: ``(P) respite care services (as defined in subsection (oo)); and''. (b) Services Described.--Section 1861 of such Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Respite Care Services ``(oo)(1)(A) Subject to subparagraph (C), the term `respite care services' means any of the services described in subparagraph (B) which are furnished to an eligible individual (as described in paragraph (2)) for the support of a caregiver described in paragraph (2) at the individual's home or in the community on a short-term, intermittent, or emergency basis by an individual or entity who meets such standards as the Secretary may establish. ``(B) The services described in this subparagraph are as follows: ``(i) Companion services. ``(ii) Homemaker services. ``(iii) Personal assistance. ``(iv) Community day services. ``(v) Temporary care in an accredited or licensed residential facility. ``(C) In establishing standards pursuant to subparagraph (A) for individuals and entities providing respite care services, the Secretary shall consult with organizations representing providers of the services described in such paragraph and organizations representing individuals who typically receive such services. ``(D) The term `respite care services' does not include any services furnished to an individual during a 12-month period after the individual has been furnished 120 hours of such services during such period. ``(2) An `eligible individual' described in this paragraph is an individual with functional limitations (as described in paragraph (3)) who is dependent on a daily basis on a caregiver who-- ``(A) has primary responsibility for providing care to the individual; ``(B) does not receive financial remuneration for providing such care; and ``(C) has provided such care for a period of not less than 3 consecutive months. ``(3)(A) In paragraph (2), an `individual with functional limitations' is an individual who is certified (in accordance with such criteria as the Secretary may establish consistent with subparagraph (C)) as-- ``(i) being unable to perform without substantial assistance from another individual (including assistance involving verbal reminding or physical cueing) at least 2 of the activities of daily living described in subparagraph (B) for a period of at least 90 days due to a loss of functional capacity or to cognitive or other mental impairment; ``(ii) requiring substantial supervision to protect the individual from threats to the individual's health or safety due to substantial cognitive or other mental impairment; or ``(iii) having a level of disability similar (as determined by the Secretary) to the level of disability described in clause (i) or (ii). ``(B) The activities of daily living described in this subparagraph are as follows: ``(i) Eating. ``(ii) Toileting. ``(iii) Transferring. ``(iv) Bathing. ``(v) Dressing. ``(vi) Continence. ``(C) In establishing criteria pursuant to subparagraph (A) for the certification of individuals with functional limitations, the Secretary may not require that such certification be performed only by a physician.''. (c) Payment on Hourly Basis.--Section 1833 of such Act (42 U.S.C. 1395l) is amended by inserting after subsection (o) the following new subsection: ``(p) Payment for respite care services shall be paid on the basis of an hour of such services provided.''. (d) Conforming Amendment.--Section 1862(a) of such Act (42 U.S.C. 1395y(a)) is amended-- (1) by striking ``or'' at the end of paragraph (14); (2) by striking the period at the end of paragraph (15) and inserting ``; or''; and (3) by inserting after paragraph (15) the following new paragraph: ``(16) in the case of respite care services, which are furnished to an individual during a 12-month period after the individual has been furnished 120 hours of such services during such period.''. (e) Effective Date.--The amendments made by this section shall apply to services furnished on or after January 1, 1997. SEC. 3. TREATMENT OF LONG-TERM CARE SERVICES AS MEDICAL CARE. (a) General Rule.--Paragraph (1) of section 213(d) (defining medical care) is amended by striking ``or'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, or'', and by adding at the end the following new subparagraph: ``(D) for qualified long-term care services (as defined in subsection (f)).'' (b) Definition of Qualified Long-Term Care Services.--Section 213 of such Code is amended by adding at the end the following new subsection: ``(f) Qualified Long-Term Care Services.--For purposes of this section-- ``(1) In general.--The term `qualified long-term care services' means necessary diagnostic, preventive, therapeutic, curing, treating, mitigating, and rehabilitative services, and maintenance or personal care services, which-- ``(A) are required by a chronically ill individual, and ``(B) are provided pursuant to a plan of care prescribed by a licensed health care practitioner. ``(2) Chronically ill individual.-- ``(A) In general.--The term `chronically ill individual' means any individual who has been certified by a licensed health care practitioner as-- ``(i) being unable to perform (without substantial assistance from another individual) at least 2 activities of daily living for a period of at least 90 days due to a loss of functional capacity or to cognitive impairment, ``(ii) requiring substantial supervision to protect such individual from threats to health or safety due to substantial cognitive impairment, or ``(iii) having a level of disability similar (as determined by the Secretary in consultation with the Secretary of Health and Human Services) to the level of disability described in clause (i) or (ii). Such term shall not include any individual otherwise meeting the requirements of the preceding sentence unless within the preceding 12-month period a licensed health care practitioner has certified that such individual meets such requirements. ``(B) Activities of daily living.--For purposes of subparagraph (A), each of the following is an activity of daily living: ``(i) Eating. ``(ii) Toileting. ``(iii) Transferring. ``(iv) Bathing. ``(v) Dressing. ``(vi) Continence. ``(C) Substantial assistance.--For purposes of subparagraph (A)(i), the term `substantial assistance' includes verbal reminding or physical cuing. ``(3) Maintenance or personal care services.--The term `maintenance or personal care services' means any care the primary purpose of which is the provision of needed assistance with any of the disabilities as a result of which the individual is a chronically ill individual (including the protection from threats to health and safety due to severe cognitive impairment). ``(4) Licensed health care practitioner.--The term `licensed health care practitioner' means any physician (as defined in section 1861(r)(1) of the Social Security Act) and any registered professional nurse, licensed social worker, or other individual who meets such requirements as may be prescribed by the Secretary.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1995.

Summary: Family Caregiver Support and Protection Act of 1996 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of respite care services, paid for on an hourly basis, under Medicare part B (Supplementary Medical Insurance). Amends the Internal Revenue Code to treat qualified long-term care services as deductible medical care expenses.