Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Defend and Save Social Security
Act''.

SEC. 2. ADJUSTMENT TO NORMAL AND EARLY RETIREMENT AGE.

    (a) In General.--Section 216(l) of the Social Security Act (42
U.S.C. 416(l)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (C), by striking ``2017'' and
                inserting ``2016''; and
                    (B) by striking subparagraphs (D) and (E) and
                inserting the following new subparagraphs:
                    ``(D) with respect to an individual who--
                            ``(i) attains 62 years of age after
                        December 31, 2015, and before January 1, 2024,
                        such individual's early retirement age (as
                        determined under paragraph (2)(A)) plus 48
                        months; or
                            ``(ii) receives a benefit described in
                        paragraph (2)(B) and attains 60 years of age
                        after December 31, 2015, and before January 1,
                        2024, 66 years of age plus the number of months
                        in the age increase factor (as determined under
                        paragraph (4)(A)(i));
                    ``(E) with respect to an individual who--
                            ``(i) attains 62 years of age after
                        December 31, 2023, and before January 1, 2027,
                        68 years of age plus the number of months in
                        the age increase factor (as determined under
                        paragraph (4)(B)(ii)); or
                            ``(ii) receives a benefit described in
                        paragraph (2)(B) and attains 60 years of age
                        after December 31, 2023, and before January 1,
                        2027, 68 years of age plus the number of months
                        in the age increase factor (as determined under
                        paragraph (4)(B)(i)); and
                    ``(F) with respect to an individual who--
                            ``(i) attains 62 years of age after
                        December 31, 2026, 69 years of age; or
                            ``(ii) receives a benefit described in
                        paragraph (2)(B) and attains 60 years of age
                        after December 31, 2026, 69 years of age.'';
            (2) by amending paragraph (2) to read as follows:
            ``(2) The term `early retirement age' means--
                    ``(A) in the case of an old-age, wife's, or
                husband's insurance benefit--
                            ``(i) 62 years of age with respect to an
                        individual who attains such age before January
                        1, 2016;
                            ``(ii) with respect to an individual who
                        attains 62 years of age after December 31,
                        2015, and before January 1, 2023, 62 years of
                        age plus the number of months in the age
                        increase factor (as determined under paragraph
                        (4)(A)(ii)) for the calendar year in which such
                        individual attains 62 years of age; and
                            ``(iii) with respect to an individual who
                        attains age 62 after December 31, 2022, 64
                        years of age; or
                    ``(B) in the case of a widow's or widower's
                insurance benefit, 60 years of age.'';
            (3) by striking paragraph (3) and inserting the following:
            ``(3) With respect to an individual who attains early
        retirement age in the 5-year period consisting of the calendar
        years 2000 through 2004, the age increase factor shall be equal
        to two-twelfths of the number of months in the period beginning
        with January 2000 and ending with December of the year in which
        the individual attains early retirement age.''; and
            (4) by adding at the end the following new paragraph:
            ``(4) The age increase factor shall be equal to three-
        twelfths of the number of months in the period--
                    ``(A) beginning with January 2016 and ending with
                December of the year in which--
                            ``(i) for purposes of paragraphs
                        (1)(D)(ii), the individual attains 60 years of
                        age; or
                            ``(ii) for purposes of paragraph
                        (2)(A)(ii), the individual attains 62 years of
                        age; and
                    ``(B) beginning with January 2024 and ending with
                December of the year in which--
                            ``(i) for purposes of (1)(E)(ii), the
                        individual attains 60 years of age; or
                            ``(ii) for purposes of (1)(E)(i), the
                        individual attains 62 years of age.''.
    (b) Conforming Increase in Number of Elapsed Years for Purposes of
Determining Primary Insurance Amount.--Section 215(b)(2)(B)(iii) of
such Act (42 U.S.C. 415(b)(2)(B)(iii)) is amended by striking ``age
62'' and inserting ``early retirement age (or, in the case of an
individual who receives a benefit described in section 216(l)(2)(B), 62
years of age)''.

SEC. 3. COST-OF-LIVING ADJUSTMENT.

    Section 215(i) of the Social Security Act (42 U.S.C. 415(i)) is
amended--
            (1) in paragraph (1)(D), by inserting ``subject to
        paragraph (6),'' before ``the term''; and
            (2) by adding at the end the following new paragraph:
    ``(6)(A) Subject to subparagraph (B), with respect to a base
quarter or cost-of-living computation quarter in any calendar year
after 2010, the term `CPI increase percentage' means the percentage
determined under paragraph (1)(D) for the quarter reduced (but not
below zero) by 1 percentage point.
    ``(B) The reduction under subparagraph (A) shall apply only for
purposes of determining the amount of benefits under this title and not
for purposes of determining the amount of, or any increases in,
benefits under other provisions of law which operate by reference to
increases in benefits under this title.''.

Output: Defend and Save Social Security Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to: (1) increase the normal retirement age by specified graduated stages to 67 by 2019 and to 69 after December 31, 2026, and the early retirement age to 63 by 2019 and to 64 after December 31, 2022; (2) revise requirements for computation of the age increase factor; and (3) modify the cost-of-living adjustment (COLA) to 1% below the general COLA.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Universal Higher Education and
Lifetime Learning Act of 2007''.

SEC. 2. CONSOLIDATION OF EDUCATION TAX INCENTIVES INTO HIGHER EDUCATION
              TAX CREDIT.

    (a) In General.--Section 25A of the Internal Revenue Code of 1986
(relating to Hope and Lifetime Learning credits) is amended to read as
follows:

``SEC. 25A. HIGHER EDUCATION TAX CREDIT.

    ``(a) Allowance of Credit.--In the case of any eligible student for
whom an election is in effect under this section for any taxable year,
there shall be allowed as a credit against the tax imposed by this
chapter for the taxable year an amount equal to the sum of--
            ``(1) 50 percent of so much of the higher education
        expenses paid by the taxpayer during the taxable year (with
        respect to attendance of the eligible student at an eligible
        educational institution during any academic period beginning in
        such taxable year) as does not exceed $3,000, and
            ``(2) 30 percent of so much of such expenses as exceeds
        $3,000, but does not exceed $8,000.
    ``(b) Limitations.--
            ``(1) Higher education expense limitation.--The amount of
        higher education expenses taken into account under subsection
        (a) with respect to an individual for an academic period shall
        not exceed the individual's cost of attendance (as defined in
        section 472 of the Higher Education Act of 1965, as in effect
        on the date of the enactment of this section) for such period
        at the eligible educational institution with respect to which
        such higher education expenses were paid.
            ``(2) Lifetime credit limitation.--The amount of the credit
        allowed under subsection (a) for any taxable year with respect
        to any eligible student shall not exceed the excess of--
                    ``(A) $12,000, over
                    ``(B) the aggregate credit allowed under subsection
                (a) with respect to such eligible student for all prior
                taxable years.
            ``(3) Credit limitation based on modified adjusted gross
        income.--
                    ``(A) In general.--The amount which would (but for
                this paragraph) be taken into account under subsection
                (a) for the taxable year shall be reduced (but not
                below zero) by the amount determined under subparagraph
                (B).
                    ``(B) Amount of reduction.--The amount determined
                under this subparagraph is the amount which bears the
                same ratio to the amount which would be so taken into
                account as--
                            ``(i) the excess of--
                                    ``(I) the taxpayer's modified
                                adjusted gross income for such taxable
                                year, over
                                    ``(II) the applicable amount under
                                subparagraph (D), bears to
                            ``(ii) $30,000 ($60,000 in the case of a
                        joint return).
                    ``(C) Modified adjusted gross income.--The term
                `modified adjusted gross income' means the adjusted
                gross income of the taxpayer for the taxable year
                increased by any amount excluded from gross income
                under section 911, 931, or 933.
                    ``(D) Applicable amount.--The applicable amount
                under this subparagraph is--
                            ``(i) in the case of a joint return, 200
                        percent of the dollar amount in effect under
                        clause (ii) for the taxable year, and
                            ``(ii) in any other case, $50,000.
            ``(4) Limitation based on amount of tax.--In the case of a
        taxable year to which section 26(a)(2) does not apply, the
        credit allowed under subsection (a) for the taxable year shall
        not exceed the excess of--
                    ``(A) the sum of the regular tax liability (as
                defined in section 26(b)) plus the tax imposed by
                section 55, over
                    ``(B) the sum of the credits allowable under this
                subpart (other than this section and section 23) and
                section 27 for the taxable year.
    ``(c) Definitions.--For purposes of this subsection--
            ``(1) Eligible student.--The term `eligible student' means,
        with respect to any academic period, any individual who meets
        the requirements of section 484(a)(1) of the Higher Education
        Act of 1965 (20 U.S.C. 1091(a)(1)), as in effect on the date of
        the enactment of the Taxpayer Relief Act of 1997.
            ``(2) Higher education expense.--The term `higher education
        expense' means any expense of a type which is taken into
        account in determining the cost of attendance (as defined in
        section 472 of the Higher Education Act of 1965, as in effect
        on the date of the enactment of this section) of--
                    ``(A) the taxpayer,
                    ``(B) the taxpayer's spouse, or
                    ``(C) any dependent of the taxpayer with respect to
                whom the taxpayer is allowed a deduction under section
                151,
        at an eligible educational institution with respect to the
        attendance of such individual at such institution for the
        academic period for which the credit under this section is
        being determined.
            ``(3) Eligible educational institution.--The term `eligible
        educational institution' means an institution--
                    ``(A) which is described in section 481 of the
                Higher Education Act of 1965, as in effect on the date
                of the enactment of the Taxpayer Relief Act of 1997,
                and
                    ``(B) which is eligible to participate in a program
                under title IV of the Higher Education Act of 1965.
    ``(d) Special Rules.--
            ``(1) Identification requirement.--No credit shall be
        allowed under subsection (a) to a taxpayer with respect to an
        eligible student unless the taxpayer includes the name and
        taxpayer identification number of such student on the return of
        tax for the taxable year.
            ``(2) Adjustment for certain scholarships.--The amount of
        higher education expenses otherwise taken into account under
        subsection (a) with respect to an individual for an academic
        period shall be reduced (before the application of subsections
        (a) and (b)) by the sum of any amounts paid for the benefit of
        such individual which are allocable to such period as--
                    ``(A) a qualified scholarship which is excludable
                from gross income under section 117,
                    ``(B) an educational assistance allowance under
                chapter 30, 31, 32, 34, or 35 of title 38, United
                States Code, or under chapter 1606 of title 10, United
                States Code, and
                    ``(C) a payment (other than a gift, bequest,
                devise, or inheritance within the meaning of section
                102(a)) for such student's educational expenses, or
                attributable to such individual's enrollment at an
                eligible educational institution, which is excludable
                from gross income under any law of the United States.
            ``(3) Credit allowed only for first 2 years of graduate
        education.--No credit shall be allowed under subsection (a) for
        a taxable year with respect to the higher education expenses of
        an eligible student if the student has completed (before the
        beginning of such taxable year) 2 years of graduate education
        at one or more eligible educational institutions.
            ``(4) Treatment of expenses paid by dependent.--If a
        deduction under section 151 with respect to an individual is
        allowed to another taxpayer for a taxable year beginning in the
        calendar year in which such individual's taxable year begins--
                    ``(A) no credit shall be allowed under subsection
                (a) to such individual for such individual's taxable
                year, and
                    ``(B) higher education expenses paid by such
                individual during such individual's taxable year shall
                be treated for purposes of this section as paid by such
                other taxpayer.
            ``(5) Treatment of certain prepayments.--If higher
        education expenses are paid by the taxpayer during a taxable
        year for an academic period which begins during the first 3
        months following such taxable year, such academic period shall
        be treated for purposes of this section as beginning during
        such taxable year.
            ``(6) Denial of double benefit.--No credit shall be allowed
        under this section for any expense for which deduction is
        allowed under any other provision of this chapter.
            ``(7) No credit for married individuals filing separate
        returns.--If the taxpayer is a married individual (within the
        meaning of section 7703), this section shall apply only if the
        taxpayer and the taxpayer's spouse file a joint return for the
        taxable year.
            ``(8) Nonresident aliens.--If the taxpayer is a nonresident
        alien individual for any portion of the taxable year, this
        section shall apply only if such individual is treated as a
        resident alien of the United States for purposes of this
        chapter by reason of an election under subsection (g) or (h) of
        section 6013.
    ``(e) Portion of Credit Refundable.--The aggregate credits allowed
to a taxpayer under subpart C shall be increased by 50 percent of the
portion of the amount of the credit which would be allowed to the
taxpayer under this section without regard to this subsection and the
limitation under section 26(a)(2) or subsection (b)(4), as the case may
be. The amount of the credit allowed under this subsection shall not be
treated as a credit allowed under this subpart and shall reduce the
amount of credit otherwise allowable under subsection (a) without
regard to section 26(a)(2) or subsection (b)(3), as the case may be.
    ``(f) Election Not To Have Section Apply.--A taxpayer may elect not
to have this section apply with respect to the higher education
expenses of an individual for any taxable year.
    ``(g) Inflation Adjustment.--
            ``(1) In general.--In the case of a taxable year beginning
        after 2008, the $50,000 amount in subsection (b)(3)(D) shall
        each be increased by an amount equal to--
                    ``(A) such dollar amount, multiplied by
                    ``(B) the cost-of-living adjustment determined
                under section 1(f)(3) for the calendar year in which
                the taxable year begins, determined by substituting
                `calendar year 2007' for `calendar year 1992' in
                subparagraph (B) thereof.
            ``(2) Rounding.--If any amount as adjusted under
        subparagraph (A) is not a multiple of $1,000, such amount shall
        be rounded to the next lowest multiple of $1,000.
    ``(h) Regulations.--The Secretary may prescribe such regulations as
may be necessary or appropriate to carry out this section, including
regulations providing for a recapture of the credit allowed under this
section in cases where there is a refund in a subsequent taxable year
of any expense which was taken into account in determining the amount
of such credit.''.
    (b) Repeal of Deduction for Qualified Tuition and Related
Expenses.--
            (1) In general.--Part VII of subchapter B of chapter 1 of
        such Code (relating to additional itemized deductions for
        individuals) is amended by striking section 222.
            (2) Clerical amendment.--The table of sections for part VII
        of subchapter B of chapter 1 of such Code is amended by
        striking the item relating to section 222.
    (c) Conforming Amendments.--
            (1) Subsection (c) of section 23 of such Code is amended by
        striking ``and 1400C'' and inserting ``25A, and 1400C''.
            (2) Subparagraph (B) of section 24(b)(3) of such Code is
        amended by striking ``and 25B'' and inserting ``, 25A, and
        25B''.
            (3) Subparagraph (C) of section 25(e)(1) of such Code is
        amended--
                    (A) by striking ``25D'' in clause (i) and inserting
                ``25A, 25D'', and
                    (B) by striking ``24'' in clause (ii) and inserting
                ``24, 25A''.
            (4) Paragraph (2) of section 25B(g) of such Code is amended
        by striking ``section 23'' and inserting ``sections 23 and
        25A''.
            (5) Subsection (c) of section 25D of such Code is amended--
                    (A) in paragraph (1) by inserting ``and section
                25A'' after ``other than this section'', and
                    (B) in paragraph (2) by striking ``24'' and
                inserting ``24, 25A''.
            (6) Subsection (d) of section 1400C of such Code is
        amended--
                    (A) by striking ``section 25D'' in paragraph (1)
                and inserting ``sections 25A and 25D'', and
                    (B) by striking ``24'' in paragraph (2) and
                inserting ``24, 25A''.
            (7) Section 62(a) of such Code is amended by striking
        paragraph (18).
            (8) Subparagraph (A) of section 86(b)(2) of such Code is
        amended by striking ``, 222''.
            (9) Subparagraph (B) of section 72(t)(7) of such Code is
        amended by striking ``section 25A(g)(2)'' and inserting
        ``section 25A(d)(2)''.
            (10) Subparagraph (A) of section 135(c)(4) of such Code is
        amended by striking ``, 222''.
            (11) Subparagraph (A) of section 137(b)(3) of such Code is
        amended by striking ``, 222''.
            (12) Subparagraph (A) of section 199(d)(2) of such Code is
        amended by striking ``, 222''.
            (13) Clause (ii) of section 219(g)(3)(A) of such Code is
        amended by striking ``, 222''.
            (14) Clause (i) of section 221(b)(2)(C) of such Code is
        amended by striking ``, 222''.
            (15) Clause (iii) of section 469(i)(3)(F) of such Code is
        amended by striking ``221, and 222'' and inserting ``and 221''.
            (16) Subsection (d) of section 221 of such Code is
        amended--
                    (A) by striking ``section 25A(g)(2)'' in paragraph
                (2)(B) and inserting ``section 25A(d)(2)'', and
                    (B) by striking ``section 25A(f)(2)'' in the second
                sentence of paragraph (2) and inserting ``section
                25A(c)(3)''.
            (17) Paragraph (3) of section 221(d) of such Code is
        amended to read as follows:
            ``(3) Eligible student.--The term `eligible student' means,
        with respect to any academic period, a student who--
                    ``(A) meets the requirements of section 484(a)(1)
                of the Higher Education Act of 1965 (20 U.S.C.
                1091(a)(1)), as in effect on the date of the enactment
                of the Taxpayer Relief Act of 1997, and
                    ``(B) is carrying at least \1/2\ the normal full-
                time workload for the course of study the student is
                pursuing.''.
            (18) Subclause (I) of section 529(c)(3)(B)(v) of such Code
        is amended by striking ``section 25A(g)(2)'' and inserting
        ``25A(d)(2)''.
            (19) Clause (i) of section 529(e)(3)(B) of such Code is
        amended by striking ``section 25A(b)(3)'' and inserting
        ``section 221(d)(3)''.
            (20) Subclause (I) of section 530(d)(2)(C)(i) of such Code
        is amended by striking ``section 25A(g)(2)'' and inserting
        ``section 25A(d)(2)''.
            (21) Clause (iii) of section 530(d)(4)(B) of such Code is
        amended by striking ``section 25A(g)(2)'' and inserting
        ``25A(d)(2)''.
            (22) Section 1400O of such Code is amended by adding at the
        end the following flush sentence:
``For purposes of this section, any reference to section 25A shall be
treated as a reference to such section as in effect on the day before
the date of the enactment of this sentence.''.
            (23) Section 6050S of such Code is amended--
                    (A) by striking ``qualified tuition and related
                expenses'' in subsection (a)(2) and inserting
                ``expenses which are included as part of a student's
                cost of attendance (as defined in section 472 of the
                Higher Education Act of 1965)'',
                    (B) by striking clause (i) of subsection (b)(2)(B)
                and inserting the following new clause:
                            ``(i) the cost of attendance (as defined in
                        section 472 of the Higher Education Act of
                        1965) of such individual,'', and
                    (C) in subsection (e) by striking ``the terms'' and
                all that follows through ``subsection (g)(2) thereof)''
                and inserting ``the term `eligible educational
                institution' has the meaning given such term by section
                25A(c)(3)''.
            (24) Subparagraph (J) of section 6213(g)(2) of such Code is
        amended by striking ``section 25A(g)(1) (relating to higher
        education tuition and related expenses)'' and inserting
        ``section 25A(d)(1) (relating to higher education tax
        credit)''.
            (25) Paragraph (2) of section 1324(b) of title 31, United
        States Code, is amended by inserting ``, 25A,'' after ``section
        35''.
            (26) The table of sections for subpart A of part IV of
        subchapter A of chapter 1 of such Code is amended by striking
        the item relating to section 25A and inserting the following:

``Sec. 25A. Higher education tax credit.''.
    (d) Effective Date.--The amendments made by this section shall
apply to expenses paid after December 31, 2007, for education furnished
in academic periods beginning after such date.

Output:
Universal Higher Education and Lifetime Learning Act of 2007 - Amends the Internal Revenue Code of 1986 to replace the Hope Scholarship and Lifetime Learning Tax Credits with a partially refundable Higher Education Tax Credit covering: (1) up to 50% of a taxpayer's higher education expenses for a taxable year that do not exceed $3,000; and (2) up to 30% of such expenses between $3,000 and $8,000.

Sets a lifetime credit limitation of $12,000 per student.

Applies the credit to no more than two years of graduate education.

Repeals the tax deduction for qualified tuition and related expenses.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare, Medicaid, and MCH Smoking
Cessation Promotion Act of 2001''.

SEC. 2. COVERAGE OF COUNSELING FOR CESSATION OF TOBACCO USE UNDER THE
              MEDICARE PROGRAM.

    (a) Coverage.--Section 1861(s)(2) of the Social Security Act (42
U.S.C. 1395x(s)(2)), as amended by sections 102(a) and 105(a) of the
Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act
of 2000 (as enacted into law by section 1(a)(6) of Public Law 106-554),
is amended--
            (1) in subparagraph (U), by striking ``and'' at the end;
            (2) in subparagraph (V), by adding ``and'' at the end; and
            (3) by adding at the end the following new subparagraph:
            ``(W) counseling for cessation of tobacco use (as defined
        in section 1861(vv));''.
    (b) Counseling Described.--Section 1861 of such Act (42 U.S.C.
1395x), as amended by section 102(b) of the Medicare, Medicaid, and
SCHIP Benefits Improvement and Protection Act of 2000 (as enacted into
law by section 1(a)(6) of Public Law 106-554), is further amended by
adding at the end the following new subsection:

               ``Counseling for Cessation of Tobacco Use

    ``(vv)(1) Except as provided in paragraph (2), the term `counseling
for cessation of tobacco use' may include diagnostic, therapy, and
counseling services for cessation of tobacco use but only for
individuals who have a history of tobacco use and only if the services
are furnished--
            ``(A) by or under the supervision of a physician; or
            ``(B) by any other health care professional who (i) is
        legally authorized to furnish such services under State law (or
        the State regulatory mechanism provided by State law) of the
        State in which the services are furnished and (ii) is
        authorized to receive payment for other services under this
        title or is designated by the Secretary for this purpose.
    ``(2) Such term does not include counseling services that have not
been shown (or recognized by the Secretary) to be effective.''.
    (c) Elimination of Cost-Sharing.--
            (1) Elimination of coinsurance.--Section 1833(a)(1) of such
        Act (42 U.S.C. 1395l(a)(1)), as amended by sections 105(c) and
        201(b) of the Medicare, Medicaid, and SCHIP Benefits
        Improvement and Protection Act of 2000 (as enacted into law by
        section 1(a)(6) of Public Law 106-554), is amended--
                    (A) by striking ``and'' before ``(U)''; and
                    (B) by inserting before the semicolon at the end
                the following: ``, and (V) with respect to counseling
                for cessation of tobacco use (as defined in section
                1861(vv), the amount paid shall be 100 percent of the
                lesser of the actual charge for the services or the
                amount determined by a fee schedule established by the
                Secretary for purposes of this clause''.
            (2) Elimination of deductible.--The first sentence of
        section 1833(b)(1) of such Act (42 U.S.C. 1395l(b)(1)) is
        amended--
                    (A) by striking ``and'' before ``(6)''; and
                    (B) by inserting before the period the following:
                ``, and (7) such deductible shall not apply with
                respect to counseling for cessation of tobacco use (as
                defined in section 1861(vv)''.
    (d) Effective Date.--The amendments made by this section shall
apply to services furnished on or after January 1, 2002.

SEC. 3. MEDICAID PROGRAM.

    (a) Dropping Exception From Medicaid Prescription Drug Coverage for
Smoking Cessation Medications.--Section 1927(d)(2) of the Social
Security Act (42 U.S.C. 1396r-8(d)(2)) is amended--
            (1) by striking subparagraph (E); and
            (2) in subparagraph (F), by inserting before the period at
        the end the following: ``except agents approved by the Food and
        Drug Administration for purposes of promoting, and when used to
        promote, smoking cessation''.
    (b) Requiring Coverage of Smoking Cessation Counseling in Services
for Pregnant Women.--Section 1902(a)(10)(C)(ii)(II) of such Act (42
U.S.C. 1396a(a)(10)(C)(ii)(II)) is amended by inserting ``and
counseling for cessation of tobacco use (as defined in section
1861(vv))'' after ``prenatal care and delivery services''.
    (c) Removal of Cost-Sharing for Smoking Cessation Counseling
Services for Pregnant Women.--Section 1916 of such Act (42 U.S.C.
1396o) is amended, in each of subsections (a)(2)(B) and (b)(2)(B), by
inserting ``counseling for cessation of tobacco use (as defined in
section 1861(vv)) furnished to pregnant women and other'' after
``(B)''.
    (d) Effective Date.--The amendments made by this section shall
apply to services furnished on or after January 1, 2002.

SEC. 4. MATERNAL AND CHILD HEALTH PROGRAM.

    (a) Quality Maternal and Child Health Services Includes Smoking
Cessation Counseling and Medications.--Section 501 of the Social
Security Act (42 U.S.C. 701) is amended by adding at the end the
following new subsection:
    ``(c) For purposes of this title, counseling for cessation of
tobacco use (as defined in section 1861(vv)), medications used to
promote smoking cessation, and the inclusion of anti-tobacco messages
in health promotion counseling shall be considered to be part of
quality maternal and child health services.''.
    (b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act.

Output: Medicare, Medicaid, and MCH Smoking Cessation Promotion Act of 2001 - Amends titles V (Maternal and Child Health Services), XVIII (Medicare), and XIX (Medicaid) of the Social Security Act to provide for coverage of counseling for cessation of tobacco use under the Maternal and Child Health Services, Medicare, and Medicaid programs.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``College Learning Access Simplicity
and Savings Act of 2009'' or the ``CLASS Act of 2009''.

SEC. 2. CREATION OF COLLEGE AFFORDABILITY CREDIT AND SIMPLIFICATION OF
              EDUCATION TAX BENEFITS.

    (a) College Affordability Credit.--
            (1) Paragraph (1) of section 25A(a) of the Internal Revenue
        Code of 1986 is amended by striking ``the Hope Scholarship
        Credit'' and inserting ``the College Affordability Credit''.
            (2) Subsection (b) of section 25A of such Code is amended
        to read as follows:
    ``(b) College Affordability Credit.--
            ``(1) Allowance of credit.--In the case of any eligible
        student for whom an election is in effect under this section
        for any taxable year, there shall be allowed as a credit
        against the tax imposed by this chapter for the taxable year an
        amount equal to the sum of--
                    ``(A) 100 percent of so much of the qualified
                tuition and related expenses paid by the taxpayer
                during the taxable year (with respect to attendance of
                the eligible student at an eligible educational
                institution during any academic period beginning in
                such taxable year) as does not exceed $1,200, and
                    ``(B) 50 percent of so much of such expenses as
                exceeds $1,200, but does not exceed $4,800.
            ``(2) Lifetime credit limitation.--The amount of the credit
        allowed under paragraph (1) for any taxable year with respect
        to any eligible student shall not exceed the excess of--
                    ``(A) $12,000, over
                    ``(B) the aggregate credit allowed under subsection
                (a) with respect to such eligible student for all prior
                taxable years.
            ``(3) Credit allowed only for first 2 years of graduate
        education.--No credit shall be allowed under subsection (a)(1)
        for a taxable year with respect to the qualified tuition and
        related expenses of an eligible student if the student has
        completed (before the beginning of such taxable year) 2 years
        of graduate education at one or more eligible educational
        institutions.
            ``(4) Credit allowed for year only if individual is at
        least \1/2\ time student for portion of year.--The College
        Affordability Credit under subsection (a)(1) shall not be
        allowed for a taxable year with respect to the qualified
        tuition and related expenses of an individual unless such
        individual is an eligible student for at least one academic
        period which begins during such year.
            ``(5) Eligible student.--The term `eligible student' means,
        with respect to any academic period, any individual who--
                    ``(A) meets the requirements of section 484(a)(1)
                of the Higher Education Act of 1965 (20 U.S.C.
                1091(a)(1)), as in effect on the date of the enactment
                of the Taxpayer Relief Act of 1997, and
                    ``(B) is carrying at least \1/2\ the normal full-
                time work load for the course of study the student is
                pursuing.''.
    (b) Qualified Tuition and Related Expenses To Include Required
Course Materials.--Subparagraph (A) of section 25A(f)(1) of such Code
is amended by striking ``tuition and fees'' and inserting ``tuition,
fees, and course materials''.
    (c) Increased Income Limitation.--Subsection (d) of section 25A of
such Code is amended to read as follows:
    ``(d) Limitation Based on Modified Adjusted Gross Income.--
            ``(1) In general.--The amount which would (but for this
        paragraph) be taken into account under subsection (a) for the
        taxable year shall be reduced (but not below zero) by the
        amount determined under paragraph (2).
            ``(2) Amount of reduction.--The amount determined under
        this subparagraph is the amount which bears the same ratio to
        the amount which would be so taken into account as--
                    ``(A) the excess of--
                            ``(i) the taxpayer's modified adjusted
                        gross income for such taxable year, over
                            ``(ii) the applicable amount under
                        paragraph (4), bears to
                    ``(B) $25,000 ($50,000 in the case of a joint
                return).
            ``(3) Modified adjusted gross income.--The term `modified
        adjusted gross income' means the adjusted gross income of the
        taxpayer for the taxable year increased by any amount excluded
        from gross income under section 911, 931, or 933.
            ``(4) Applicable amount.--The applicable amount under this
        subparagraph is--
                    ``(A) in the case of a joint return, 200 percent of
                the dollar amount in effect under subparagraph (B) for
                the taxable year, and
                    ``(B) in any other case, $50,000.''.
    (d) Modified Inflation Adjustment.--Paragraph (2) of section 25A(h)
of such Code is amended to read as follows:
            ``(2) Income limits.--
                    ``(A) In general.--In the case of a taxable year
                beginning after 2009, the $50,000 amount in subsection
                (d)(4)(B) shall each be increased by an amount equal
                to--
                            ``(i) such dollar amount, multiplied by
                            ``(ii) the cost-of-living adjustment
                        determined under section 1(f)(3) for the
                        calendar year in which the taxable year begins,
                        determined by substituting `calendar year 2008'
                        for `calendar year 1992' in subparagraph (B)
                        thereof.
                    ``(B) Rounding.--If any amount as adjusted under
                subparagraph (A) is not a multiple of $1,000, such
                amount shall be rounded to the next lowest multiple of
                $1,000.''.
    (e) Portion of Credit Refundable.--Section 25A of such Code is
amended by redesignating subsection (i) as subsection (j) and by
inserting after subsection (h) the following new subsection:
    ``(i) Portion of Credit Refundable.--
            ``(1) In general.--The aggregate credits allowed to a
        taxpayer under subpart C shall be increased by an amount equal
        to 50 percent of the portion of the amount of the credit which
        would have been allowed to the taxpayer under this section by
        reason of subsection (b) (without regard to this subsection and
        the limitation under section 26(a)(2)). The amount of the
        credit allowed under this subsection shall not be treated as a
        credit allowed under this subpart and shall reduce the amount
        of credit otherwise allowable under subsection (a) (without
        regard to section 26(a)(2)).
            ``(2) Reduction of credit.--In the case of a taxable year
        to which 26(a)(2) does not apply, the credit determined under
        paragraph (1) for the taxable year shall be reduced by the
        amount of tax imposed by section 55 (relating to alternative
        minimum tax) with respect to such taxpayer for such taxable
        year.''.
    (f) Repeal of Deduction for Qualified Tuition and Related
Expenses.--
            (1) In general.--Part VII of subchapter B of chapter 1 of
        such Code (relating to additional itemized deductions for
        individuals) is amended by striking section 222.
            (2) Clerical amendment.--The table of sections for part VII
        of subchapter B of chapter 1 of such Code is amended by
        striking the item relating to section 222.
    (g) Conforming Amendments.--
            (1) The heading for Section 25A of such Code is amended by
        striking ``hope'' and inserting ``college affordability''.
            (2) Section 25A(c)(2)(A) of such Code is amended--
                    (A) by striking ``Hope Scholarship Credit'' and
                inserting ``College Affordability Credit'', and
                    (B) by striking ``Hope'' in the heading thereof and
                inserting ``College affordability''.
            (3) Section 62(a) of such Code is amended by striking
        paragraph (18).
            (4) Subparagraph (A) of section 86(b)(2) of such Code is
        amended by striking ``, 222''.
            (5) Subparagraph (A) of section 135(c)(4) of such Code is
        amended by striking ``, 222''.
            (6) Subparagraph (A) of section 137(b)(3) of such Code is
        amended by striking ``, 222''.
            (7) Subparagraph (A) of section 199(d)(2) of such Code is
        amended by striking ``, 222''.
            (8) Clause (ii) of section 219(g)(3)(A) of such Code is
        amended by striking ``, 222''.
            (9) Clause (i) of section 221(b)(2)(C) of such Code is
        amended by striking ``, 222''.
            (10) Clause (iii) of section 469(i)(3)(F) of such Code is
        amended by striking ``221, and 222'' and inserting ``and 221''.
            (11) Paragraph (3) of section 221(d) of such Code is
        amended by striking ``25A(b)(3)'' and inserting ``25A(b)(5)''.
            (12) Clause (i) of section 529(e)(3)(B) of such Code is
        amended by striking ``section 25A(b)(3)'' and inserting
        ``section 221(d)(3)''.
            (13) The heading for clause (v) of section 529(c)(3)(B) of
        such Code is amended by striking ``Hope'' and inserting
        ``College affordability''.
            (14) The heading for Subparagraph (C) of section 530(d)(2)
        of such Code is amended by striking ``Hope'' and inserting
        ``College affordability''.
            (15) Section 1400O of such Code is amended by adding at the
        end the following flush sentence:
``For purposes of this section, any reference to section 25A shall be
treated as a reference to such section as in effect on the day before
the date of the enactment of this sentence.''.
            (16) Paragraph (2) of section 1324(b) of title 31, United
        States Code, is amended by inserting ``, 25A,'' after ``section
        35''.
    (h) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of such Code is amended by
striking the item relating to section 25A and inserting the following
new item:

``Sec. 25A. College Affordability and Lifetime Learning credits.''.
    (i) Effective Date.--The amendments made by this section shall
apply to expenses paid after December 31, 2008, for education furnished
in academic periods beginning after such date.

Output:
College Learning Access Simplicity and Savings Act of 2009 or the CLASS Act of 2009 - Amends the Internal Revenue Code to replace the Hope Scholarship tax credit with the College Affordability Credit, which shall allow: (1) a partially refundable tax credit of up to $1,200 for qualified tuition and related expenses (including required course materials) at an institution of higher education; and (2) an additional 50% tax credit for such expenses exceeding $1,200 but not exceeding $4,800.

Repeals the tax deduction for qualified tuition and related expenses.


Input:
SECTION 1. HUBZONE SMALL BUSINESS CONCERN.

    Section 3(p)(3) of the Small Business Act (15 U.S.C. 632(p)(3)) is
amended to read as follows:
            ``(3) Hubzone small business concern.--The term `HUBZone
        small business concern' means--
                    ``(A) a small business concern that is owned and
                controlled by 1 or more persons, each of whom is a
                United States citizen;
                    ``(B) a small business concern that is--
                            ``(i) an Alaska Native Corporation owned
                        and controlled by Natives (as determined
                        pursuant to section 29(e)(1) of the Alaska
                        Native Claims Settlement Act (43 U.S.C.
                        1626(e)(1))); or
                            ``(ii) a direct or indirect subsidiary
                        corporation, joint venture, or partnership of
                        an Alaska Native Corporation qualifying
                        pursuant to section 29(e)(1) of the Alaska
                        Native Claims Settlement Act (43 U.S.C.
                        1626(e)(1)), if that subsidiary, joint venture,
                        or partnership is owned and controlled by
                        Natives (as determined pursuant to section
                        29(e)(2)) of the Alaska Native Claims
                        Settlement Act (43 U.S.C. 1626(e)(2))); or
                    ``(C) a small business concern--
                            ``(i) that is wholly owned by 1 or more
                        Indian tribal governments, or by a corporation
                        that is wholly owned by 1 or more Indian tribal
                        governments; or
                            ``(ii) that is owned in part by 1 or more
                        Indian tribal governments, or by a corporation
                        that is wholly owned by 1 or more Indian tribal
                        governments, if all other owners are either
                        United States citizens or small business
                        concerns.''.

SEC. 2. QUALIFIED HUBZONE SMALL BUSINESS CONCERN.

    (a) In General.--Section 3(p)(5)(A)(i) of the Small Business Act
(15 U.S.C. 632(p)(5)(A)(i)) is amended by striking subclauses (I) and
(II) and inserting the following:
                                    ``(I) it is a HUBZone small
                                business concern--
                                            ``(aa) pursuant to
                                        subparagraph (A) or (B) of
                                        paragraph (3), and that its
                                        principal office is located in
                                        a HUBZone and not fewer than 35
                                        percent of its employees reside
                                        in a HUBZone; or
                                            ``(bb) pursuant to
                                        paragraph (3)(C), and not fewer
                                        than 35 percent of its
                                        employees engaged in performing
                                        a contract awarded to the small
                                        business concern on the basis
                                        of a preference provided under
                                        section 31(b) reside within any
                                        Indian reservation governed by
                                        1 or more of the tribal
                                        government owners, or reside
                                        within any HUBZone adjoining
                                        any such Indian reservation;
                                    ``(II) the small business concern
                                will attempt to maintain the applicable
                                employment percentage under subclause
                                (I) during the performance of any
                                contract awarded to the small business
                                concern on the basis of a preference
                                provided under section 31(b); and''.
    (b) HUBZone Pilot Program for Sparsely Populated Areas.--Section
3(p)(5) of the Small Business Act (15 U.S.C. 632(p)(5)) is amended by
adding at the end the following:
                    ``(E) HUBZone pilot program for sparsely populated
                areas.--
                            ``(i) In general.--Notwithstanding
                        subparagraph (A)(i)(I)(aa), during the period
                        beginning on the date of enactment of the Small
                        Business Reauthorization Act of 2000 and ending
                        on September 30, 2003, a small business
                        concern, the principal office of which is
                        located in the State of Alaska, an Alaska
                        Native Corporation under paragraph (3)(B)(i),
                        or a direct or indirect subsidiary, joint
                        venture, or partnership under paragraph
                        (3)(B)(ii) shall be considered to be a
                        qualified HUBZone small business concern if--
                                    ``(I) its principal office is
                                located within a HUBZone within the
                                State of Alaska;
                                    ``(II) not fewer than 35 percent of
                                its employees who will be engaged in
                                performing a contract awarded to it on
                                the basis of a preference provided
                                under section 31(b) will perform their
                                work in any HUBZone located within the
                                State of Alaska; or
                                    ``(III) not fewer than 35 percent
                                of its employees reside in a HUBZone
                                located within the State of Alaska or
                                in any Alaska Native Village within the
                                State of Alaska.
                            ``(ii) Exception.--
                                    ``(I) In general.--Clause (i) shall
                                not apply in any fiscal year following
                                a fiscal year in which the total amount
                                of contract dollars awarded in
                                furtherance of the contracting goals
                                established under section 15(g)(1) to
                                small business concerns located within
                                the State of Alaska is equal to more
                                than 2 percent of the total amount of
                                such contract dollars awarded to all
                                small business concerns nationally,
                                based on data from the Federal
                                Procurement Data System.
                                    ``(II) Limitation.--Subclause (I)
                                shall not be construed to disqualify a
                                HUBZone small business concern from
                                performing a contract awarded to it on
                                the basis of a preference provided
                                under section 31(b), if such concern
                                was qualified under clause (i) at the
                                time at which the contract was
                                awarded.''.
    (c) Clarifying Amendment.--Section 3(p)(5)(D)(i) of the Small
Business Act (15 U.S.C. 632(p)(5)(D)(i)) is amended by inserting ``once
the Administrator has made the certification required by subparagraph
(A)(i) regarding a qualified HUBZone small business concern and has
determined that subparagraph (A)(ii) does not apply to that concern,''
before ``include''.

SEC. 3. OTHER DEFINITIONS.

    Section 3(p) of the Small Business Act (15 U.S.C. 632(p)) is
amended by adding at the end the following:
            ``(6) Native american small business concerns.--
                    ``(A) Alaska native corporation.--The term `Alaska
                Native Corporation' has the same meaning as the term
                `Native Corporation' in section 3 of the Alaska Native
                Claims Settlement Act (43 U.S.C. 1602).
                    ``(B) Alaska native village.--The term `Alaska
                Native Village' has the same meaning as the term
                `Native village' in section 3 of the Alaska Native
                Claims Settlement Act (43 U.S.C. 1602).
                    ``(C) Indian reservation.--The term `Indian
                reservation'--
                            ``(i) has the same meaning as the term
                        `Indian country' in section 1151 of title 18,
                        United States Code, except that such term does
                        not include--
                                    ``(I) any lands that are located
                                within a State in which a tribe did not
                                exercise governmental jurisdiction on
                                the date of enactment of this
                                paragraph, unless that tribe is
                                recognized after that date of enactment
                                by either an Act of Congress or
                                pursuant to regulations of the
                                Secretary of the Interior for the
                                administrative recognition that an
                                Indian group exists as an Indian tribe
                                (part 83 of title 25, Code of Federal
                                Regulations); and
                                    ``(II) lands taken into trust or
                                acquired by an Indian tribe after the
                                date of enactment of this paragraph if
                                such lands are not located within the
                                external boundaries of an Indian
                                reservation or former reservation or
                                are not contiguous to the lands held in
                                trust or restricted status on that date
                                of enactment; and
                            ``(ii) in the State of Oklahoma, means
                        lands that--
                                    ``(I) are within the jurisdictional
                                areas of an Oklahoma Indian tribe (as
                                determined by the Secretary of the
                                Interior); and
                                    ``(II) are recognized by the
                                Secretary of the Interior as eligible
                                for trust land status under part 151 of
                                title 25, Code of Federal Regulations
                                (as in effect on the date of enactment
                                of this paragraph).''.

Output: Includes for participation in the HUBZone pilot program for sparsely populated areas, during the period beginning on the date of enactment of the Small Business Reauthorization Act of 2000 and ending on September 30, 2003, a small business concern the principal office of which is in Alaska, an Alaska Native Corporation, or a subsidiary, joint venture, or partnership thereof, if: (1) its principal office is located within a HUBZone in Alaska; (2) at least 35 percent of its employees who will perform work under an SBA awarded contract will perform such work in Alaska; or (3) at least 35 percent of its employees reside in a HUBZone within Alaska or in any Alaska Native Village. Provides an exception.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fracturing Responsibility and
Awareness of Chemicals Act'' or the ``FRAC Act''.

SEC. 2. REGULATION OF HYDRAULIC FRACTURING.

    (a) Underground Injection.--Section 1421(d) of the Safe Drinking
Water Act (42 U.S.C. 300h(d)) is amended by striking paragraph (1) and
inserting the following:
            ``(1) Underground injection.--
                    ``(A) In general.--The term `underground injection'
                means the subsurface emplacement of fluids by well
                injection.
                    ``(B) Inclusion.--The term `underground injection'
                includes the underground injection of fluids or
                propping agents pursuant to hydraulic fracturing
                operations relating to oil or natural gas production
                activities.
                    ``(C) Exclusion.--The term `underground injection'
                does not include the underground injection of natural
                gas for the purpose of storage.''.
    (b) State Primary Enforcement Relating to Hydraulic Fracturing
Operations.--Section 1422 of the Safe Drinking Water Act (42 U.S.C.
300h-1) is amended by adding at the end the following:
    ``(f) Hydraulic Fracturing Operations.--
            ``(1) In general.--Consistent with such regulations as the
        Administrator may prescribe, a State may seek primary
        enforcement responsibility for hydraulic fracturing operations
        for oil and natural gas without seeking to assume primary
        enforcement responsibility for other types of underground
        injection control wells, including underground injection
        control wells that inject brine or other fluids that are
        brought to the surface in connection with oil and natural gas
        production or any underground injection for the secondary or
        tertiary recovery of oil or natural gas.
            ``(2) Administration.--
                    ``(A) In general.--Paragraph (1) shall not apply
                until the date that is 1 year after the date on which
                the Administrator publishes in the Federal Register any
                regulations promulgated under that paragraph.
                    ``(B) Effect on administrator.--Nothing in this
                subsection affects the authority of the Administrator
                to approve State programs that assume primary
                enforcement responsibility for only certain types of
                underground injection control wells.''.
    (c) Disclosure.--Section 1421(b) of the Safe Drinking Water Act (42
U.S.C. 300h(b)) is amended by adding at the end the following:
            ``(4) Disclosures of chemical constituents.--
                    ``(A) In general.--A person conducting hydraulic
                fracturing operations shall disclose to the State (or
                to the Administrator, in any case in which the
                Administrator has primary enforcement responsibility in
                a State), by not later than such deadlines as shall be
                established by the State (or the Administrator)--
                            ``(i) before the commencement of any
                        hydraulic fracturing operations at any lease
                        area or a portion of a lease area, a list of
                        chemicals and proppants intended for use in any
                        underground injection during the operations
                        (including identification of the chemical
                        constituents of mixtures, Chemical Abstracts
                        Service numbers for each chemical and
                        constituent, material safety data sheets if
                        available, and the anticipated amount of each
                        chemical to be used); and
                            ``(ii) after the completion of hydraulic
                        fracturing operations described in clause (i),
                        the list of chemicals and proppants used in
                        each underground injection during the
                        operations (including identification of the
                        chemical constituents of mixtures, Chemical
                        Abstracts Service numbers for each chemical and
                        constituent, material safety data sheets if
                        available, and the amount of each chemical
                        used).
                    ``(B) Public availability.--The State or the
                Administrator, as applicable, shall--
                            ``(i) ensure the accuracy and completeness
                        of the information required under subparagraph
                        (A); and
                            ``(ii) make available to the public the
                        information contained in each disclosure
                        required under subparagraph (A), including by
                        posting the information on a single, searchable
                        Internet website such that all the information
                        disclosed to the State or Administrator, as
                        applicable, under that subparagraph is
                        contained on the same Internet website.
                    ``(C) Immediate disclosure in case of medical need
                or emergency.--
                            ``(i) In general.--Subject to clause (ii),
                        the regulations promulgated pursuant to
                        subsection (a) shall require that, in any case
                        in which the State or the Administrator, as
                        applicable, a first responder, or healthcare
                        practitioner determines that the proprietary
                        chemical formula or specific chemical identity
                        of a trade-secret chemical used in hydraulic
                        fracturing is necessary for medical diagnosis,
                        treatment, or emergency response, the
                        applicable person using hydraulic fracturing
                        shall, upon request, immediately disclose to
                        the State, the Administrator, first responder,
                        or healthcare practitioner the proprietary
                        chemical formula or specific chemical identity
                        of a trade-secret chemical, regardless of the
                        existence of--
                                    ``(I) a written statement of need;
                                or
                                    ``(II) a confidentiality agreement.
                            ``(ii) Requirement.--A person using
                        hydraulic fracturing that makes a disclosure
                        required under clause (i) may require the
                        execution of a written statement of need and a
                        confidentiality agreement as soon as
                        practicable after the determination by the
                        State, Administrator, first responder, or
                        healthcare practitioner, as applicable, under
                        that clause.
                            ``(iii) Professional necessity.--
                                    ``(I) In general.--Subject to
                                subclause (II), a first responder or
                                healthcare practitioner may share any
                                information disclosed under clause (i)
                                with other persons if the information
                                is medically necessary.
                                    ``(II) Restriction.--A first
                                responder or healthcare practitioner
                                described in subclause (I) shall not
                                make publicly available any information
                                disclosed under clause (i).
                    ``(D) No public disclosure required.--Nothing in
                subparagraph (A), (B), or (C) authorizes a State or the
                Administrator to publicly disclose any proprietary
                chemical formula.''.

Output: Fracturing Responsibility and Awareness of Chemicals Act or FRAC Act - Amends the Safe Drinking Water Act to repeal the exemption from restrictions on underground injection of fluids or propping agents granted to hydraulic fracturing operations relating to oil and natural gas production activities under such Act.  Amends the Safe Drinking Water Act to allow the Administrator of the Environmental Protection Agency (EPA) to prescribe regulations that authorize a state, one year after such regulations are promulgated, to seek primary enforcement responsibility for hydraulic fracturing operations for oil and natural gas without seeking to assume primary enforcement responsibility for other types of underground injection control wells, including underground injection control wells that inject brine or other fluids that are brought to the surface in connection with oil and natural gas production or any underground injection for the secondary or tertiary recovery of oil or natural gas. Requires: (1) state underground injection programs to direct a person conducting hydraulic fracturing operations to disclose to the state (or the Administrator if the Administrator has primary enforcement responsibility in such state) the chemicals and proppants intended for use in underground injections before the commencement of such operations and the chemicals actually used after the end of such operations; and (2) a state or the Administrator to ensure the accuracy and completeness of the disclosed information and make it available to the public. Requires the applicable person using hydraulic fracturing, when a medical emergency exists and the proprietary chemical formula of a chemical used in such hydraulic fracturing is necessary for medical diagnosis, treatment, or emergency response to disclose such formula or the specific chemical identity of a trade secret chemical to the state, the Administrator, a first responder, or healthcare practitioner upon request, regardless of the existence of a written statement of need or a confidentiality agreement. Authorizes such person to require the execution of such statement and agreement as soon as practicable. Authorizes first responders or healthcare practitioners to share any information disclosed with other persons if the information is medically necessary, but prohibits such personnel from making such information publicly available.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Truth in Regulations Act of 2017''.

SEC. 2. AGENCY STANDARDS FOR GUIDANCE DOCUMENTS.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the
        Administrator of the Office of Information and Regulatory
        Affairs in the Office of Management and Budget.
            (2) Agency.--The term ``agency'' has the meaning given the
        term in section 3502 of title 44, United States Code.
            (3) Guidance document.--The term ``guidance document''--
                    (A) means an agency statement of general
                applicability and future effect, other than a
                regulatory action, that sets forth a policy on a
                statutory, regulatory, or technical issue or an
                interpretation of a statutory or regulatory issue; and
                    (B) does not include--
                            (i) a legal advisory opinion for internal
                        executive branch use and not for release (such
                        as Department of Justice Office of Legal
                        Counsel opinions);
                            (ii) a brief or other position taken by an
                        agency in an investigation, pre-litigation,
                        litigation, or other enforcement proceeding;
                            (iii) a speech, editorial, media interview,
                        press material, or congressional
                        correspondence;
                            (iv) a guidance document that relates to a
                        military or foreign affairs function of the
                        United States (other than a guidance document
                        on procurement or the import or export of non-
                        defense articles and services);
                            (v) a grant solicitation, warning letter,
                        or case or investigatory letter responding to a
                        complaint involving a fact-specific
                        determination;
                            (vi) a purely internal agency policy;
                            (vii) a guidance document that relates to
                        the use, operation, or control of a government
                        facility;
                            (viii) an internal guidance document
                        directed solely to other agencies; or
                            (ix) any other category of guidance
                        documents exempted by the head of an agency, in
                        consultation with the Administrator.
            (4) Regulation.--The term ``regulation'' means an agency
        statement of general applicability and future effect, which the
        agency intends to have the force and effect of law, that is
        designed to implement, interpret, or prescribe law or policy or
        to describe the procedure or practice requirements of an
        agency.
            (5) Regulatory action.--The term ``regulatory action''
        means any substantive action by an agency (normally published
        in the Federal Register) that promulgates or is expected to
        lead to the promulgation of a final regulation, including
        notices of inquiry, advance notices of inquiry and notices of
        proposed rule making.
    (b) Approval Procedures.--
            (1) In general.--Except as provided in paragraph (2), not
        later than 210 days after the date of enactment of this Act,
        the head of each agency shall develop or have written
        procedures for the approval of guidance documents, which shall
        ensure that the issuance of guidance documents is approved by
        each appropriate senior agency official.
            (2) Exception.--An employee of an agency may not deviate
        from the requirements of the procedures developed pursuant to
        paragraph (1) unless--
                    (A) the employee has submitted an appropriate
                justification to a supervisor who is an appropriate
                senior agency official described paragraph (1) or the
                head of the agency; and
                    (B) the supervisor or head of the agency has agreed
                to the deviation.
    (c) Contents of Guidance Document.--
            (1) Requirements.--Each guidance document issued by an
        agency shall include the following:
                    (A) The term ``guidance'' or a functional
                equivalent of that term.
                    (B) An identification of each agency and office
                issuing the document.
                    (C) An identification of the activity to which and
                the person to whom the guidance document applies.
                    (D) The date of issuance.
                    (E) If the document is a revision to a previously
                issued guidance document, a notation of such and an
                identification of the document replaced.
                    (F) The title of the document and any
                identification number, if applicable.
                    (G) A citation to the statutory provision or
                regulation to which the document applies or interprets.
            (2) Prohibited.--A guidance document may not include
        mandatory language such as ``shall'', ``must'', ``required'',
        or ``requirement'', unless--
                    (A) the agency is using these words to describe a
                statutory or regulatory requirement;
                    (B) the language is addressed to agency employees;
                or
                    (C) the prohibition against that mandatory language
                prevents agency consideration of a position advanced by
                any affected private party.
    (d) Public Access and Feedback for Guidance Documents.--
            (1) Internet access.--
                    (A) List required.--The head of each agency shall
                maintain on the website of the agency a list of each
                guidance document in effect, which shall include the
                following:
                            (i) The name of each guidance document.
                            (ii) Any document identification number.
                            (iii) The dates of issuance and revision.
                            (iv) An identification of which documents
                        have been added, revised, or withdrawn during
                        the previous year.
                    (B) Link to document required.--The head of the
                agency shall provide a link from the list described in
                subparagraph (A) to each such guidance document.
                    (C) Updates to website.--Not later than 30 days
                after the date on which a guidance document is issued,
                the head of the agency shall update the list of
                guidance documents and links described in this
                paragraph accordingly.
            (2) Public feedback.--
                    (A) Submission of public comments.--
                            (i) In general.--Not later than 60 days
                        after the date of enactment of this Act, the
                        head of each agency shall establish and
                        prominently display on the website of the
                        agency a means for the public--
                                    (I) to electronically submit
                                comments on any guidance document; and
                                    (II) to electronically submit a
                                request for issuance, reconsideration,
                                modification, or rescission of any
                                guidance document.
                            (ii) No response required.--Any public
                        comment submitted under this paragraph is for
                        the benefit of the agency, and a formal
                        response to any such comment by the agency is
                        not required.
                    (B) Complaints by the public.--The head of each
                agency shall--
                            (i) designate one or more offices to
                        receive and address complaints submitted by the
                        public that the agency is not following the
                        procedures in this section or is improperly
                        treating a guidance document as a binding
                        requirement; and
                            (ii) provide, on the website of the agency,
                        the name and contact information for any office
                        described in clause (i).
    (e) Notice and Public Comment for Guidance Documents.--
            (1) In general.--Except as provided in paragraph (2), not
        later than 60 days after the date on which an agency prepares a
        draft of a guidance document, the agency shall complete the
        following requirements:
                    (A) Publish a notice in the Federal Register
                announcing that the draft document is available.
                    (B) Post the draft document on the website of the
                agency and make the draft publicly available in hard
                copy (or notify the public how the guidance document
                may be reviewed if not in a format that permits
                electronic posting with reasonable efforts).
                    (C) Invite public comment on the draft document.
                    (D) Prepare and post on the website of the agency a
                response-to-comments document.
            (2) Exemptions.--Notwithstanding paragraph (1), the head of
        an agency, in consultation with the Administrator, may
        designate a guidance document or group of guidance documents as
        exempt from the requirements of this section for being not
        feasible or appropriate.
    (f) Exigent Circumstances.--
            (1) In general.--In an imminent threat to public health or
        safety or similar exigent circumstance exists or when an agency
        is required by law to act more quickly than the procedures
        described in this section allow, the head of the agency shall
        certify the circumstance to the Administrator as soon as
        possible and, to the extent practicable, comply with this
        section.
            (2) Other deadlines.--For any guidance document that is
        governed by a statutory or court-imposed deadline, the agency
        shall, to the extent practicable, schedule any proceeding for
        such document to permit sufficient time to comply with this
        section.
    (g) Applicability.--This section does not affect the authority of
an agency to communicate the views of the agency in court or in any
other enforcement proceeding.
    (h) Effective Date.--The requirements of this section shall take
effect 180 days after the date of enactment of this Act.

SEC. 3. LIMITATIONS ON USE OF INTERIM FINAL RULES.

    (a) Enhanced Showing Required for Interim Final Rules.--Section
553(b)(B) of title 5, United States Code, is amended by striking ``for
good cause'' and all that follows through the period at the end and
inserting the following: ``determines that an imminent threat to public
health or safety or similar exigent circumstance exists.''.
    (b) Required Publication or Service Date.--Section 553(d)(3) of
title 5, United States Code, is amended to read as follows:
            ``(3) in the case of any rule to which the exception under
        subsection (b)(B) applies.''.
    (c) Lookback Period for Interim Final Rules.--Section 553 of title
5, United States Code, is amended by adding at the end the following:
    ``(f) In the case of a rule making in which the exception under
subsection (b)(B) was applied, by not later than 18 months after the
rule takes effect, the agency shall provide for a period in which
interested persons may submit written data, views, or arguments, in the
same manner as submissions under subsection (c), shall give such
submissions due consideration, and, if appropriate, repeal or amend the
rule accordingly.''.

Output: Truth in Regulations Act of 2017 This bill requires agencies to have written procedures to ensure that an issuance of policy guidance documents (other than regulatory actions) is approved by each appropriate senior agency official unless a supervisor or agency head has agreed to an employee's justification to deviate from the requirements. An agency must also maintain on its website a list of, links to, and a means for the public to comment on and request issuance, modification, or rescission of, such documents. A guidance document may not include mandatory language unless: (1) the agency is describing a statutory or regulatory requirement, (2) the language is addressed to agency employees, or (3) the prohibition against that mandatory language prevents agency consideration of a position advanced by an affected private party. The bill requires agencies to publish drafts of guidance documents for public comment.  The bill replaces the "good cause" exception to proposed rulemaking notice and publication requirements with an exception that applies if the agency determines that an imminent threat to public health or safety or a similar exigent circumstance exists. When such exception is applied, the agency, within 18 months after the rule takes effect, shall: (1) provide for a period in which interested persons may submit written data, views, or arguments; and (2) consider such submissions and, if appropriate, repeal or amend the rule.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Automobile Industry
Promotion Act of 2007''.

SEC. 2. ADVANCED ENERGY INITIATIVE FOR VEHICLES.

    (a) Purposes.--The purposes of this section are--
            (1) to enable and promote, in partnership with industry,
        comprehensive development, demonstration, and commercialization
        of a wide range of electric drive components, systems, and
        vehicles using diverse electric drive transportation
        technologies;
            (2) to make critical public investments to help private
        industry, institutions of higher education, National
        Laboratories, and research institutions to expand innovation,
        industrial growth, and jobs in the United States;
            (3) to expand the availability of the existing electric
        infrastructure for fueling light duty transportation and other
        on-road and nonroad vehicles that are using petroleum and are
        mobile sources of emissions--
                    (A) including the more than 3,000,000 reported
                units (such as electric forklifts, golf carts, and
                similar nonroad vehicles) in use on the date of
                enactment of this Act; and
                    (B) with the goal of enhancing the energy security
                of the United States, reduce dependence on imported
                oil, and reduce emissions through the expansion of
                grid-supported mobility;
            (4) to accelerate the widespread commercialization of all
        types of electric drive vehicle technology into all sizes and
        applications of vehicles, including commercialization of plug-
        in hybrid electric vehicles and plug-in hybrid fuel cell
        vehicles; and
            (5) to improve the energy efficiency of and reduce the
        petroleum use in transportation.
    (b) Definitions.--In this section:
            (1) Battery.--The term ``battery'' means an energy storage
        device used in an on-road or nonroad vehicle powered in whole
        or in part using an off-board or on-board source of
        electricity.
            (2) Electric drive transportation technology.--The term
        ``electric drive transportation technology'' means--
                    (A) a vehicle that--
                            (i) uses an electric motor for all or part
                        of the motive power of the vehicle; and
                            (ii) may use off-board electricity,
                        including battery electric vehicles, fuel cell
                        vehicles, engine dominant hybrid electric
                        vehicles, plug-in hybrid electric vehicles,
                        plug-in hybrid fuel cell vehicles, and electric
                        rail; or
                    (B) equipment relating to transportation or mobile
                sources of air pollution that uses an electric motor to
                replace an internal combustion engine for all or part
                of the work of the equipment, including corded electric
                equipment linked to transportation or mobile sources of
                air pollution.
            (3) Engine dominant hybrid electric vehicle.--The term
        ``engine dominant hybrid electric vehicle'' means an on-road or
        nonroad vehicle that--
                    (A) is propelled by an internal combustion engine
                or heat engine using--
                            (i) any combustible fuel; and
                            (ii) an on-board, rechargeable storage
                        device; and
                    (B) has no means of using an off-board source of
                electricity.
            (4) Fuel cell vehicle.--The term ``fuel cell vehicle''
        means an on-road or nonroad vehicle that uses a fuel cell (as
        defined in section 803 of the Energy Policy Act of 2005 (42
        U.S.C. 16152)).
            (5) Initiative.--The term ``Initiative'' means the Advanced
        Battery Initiative established by the Secretary under
        subsection (f)(1).
            (6) Nonroad vehicle.--The term ``nonroad vehicle'' has the
        meaning given the term in section 216 of the Clean Air Act (42
        U.S.C. 7550).
            (7) Plug-in hybrid electric vehicle.--The term ``plug-in
        hybrid electric vehicle'' means an on-road or nonroad vehicle
        that is propelled by an internal combustion engine or heat
        engine using--
                    (A) any combustible fuel;
                    (B) an on-board, rechargeable storage device; and
                    (C) a means of using an off-board source of
                electricity.
            (8) Plug-in hybrid fuel cell vehicle.--The term ``plug-in
        hybrid fuel cell vehicle'' means an onroad or nonroad vehicle
        that is propelled by a fuel cell using--
                    (A) any compatible fuel;
                    (B) an on-board, rechargeable storage device; and
                    (C) a means of using an off-board source of
                electricity.
            (9) Industry alliance.--The term ``Industry Alliance''
        means the entity selected by the Secretary under subsection
        (f)(2).
            (10) Institution of higher education.--The term
        ``institution of higher education'' has the meaning given the
        term in section 2 of the Energy Policy Act of 2005 (42 U.S.C.
        15801).
            (11) Secretary.--The term ``Secretary'' means the Secretary
        of Energy.
    (c) Goals.--The goals of the electric drive transportation
technology program established under subsection (e) shall be to
develop, in partnership with industry and institutions of higher
education, projects that focus on--
            (1) innovative electric drive technology developed in the
        United States;
            (2) growth of employment in the United States in electric
        drive design and manufacturing;
            (3) validation of the plug-in hybrid potential through
        fleet demonstrations; and
            (4) acceleration of fuel cell commercialization through
        comprehensive development and commercialization of battery
        technology systems independent of fundamental fuel cell vehicle
        technology development.
    (d) Assessment.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall offer to enter into an
arrangement with the National Academy of Sciences--
            (1) to conduct an assessment (in cooperation with industry,
        standards development organizations, and other entities, as
        appropriate), of state-of-the-art battery technologies with
        potential application for electric drive transportation;
            (2) to identify knowledge gaps in the scientific and
        technological bases of battery manufacture and use;
            (3) to identify fundamental research areas that would
        likely have a significant impact on the development of superior
        battery technologies for electric drive vehicle applications;
        and
            (4) to recommend steps to the Secretary to accelerate the
        development of battery technologies for electric drive
        transportation.
    (e) Program.--The Secretary shall conduct a program of research,
development, demonstration, and commercial application for electric
drive transportation technology, including--
            (1) high-capacity, high-efficiency batteries;
            (2) high-efficiency on-board and off-board charging
        components;
            (3) high-powered drive train systems for passenger and
        commercial vehicles and for nonroad equipment;
            (4) control system development and power train development
        and integration for plug-in hybrid electric vehicles, plug-in
        hybrid fuel cell vehicles, and engine dominant hybrid electric
        vehicles, including--
                    (A) development of efficient cooling systems;
                    (B) analysis and development of control systems
                that minimize the emissions profile when clean diesel
                engines are part of a plug-in hybrid drive system; and
                    (C) development of different control systems that
                optimize for different goals, including--
                            (i) battery life;
                            (ii) reduction of petroleum consumption;
                        and
                            (iii) green house gas reduction;
            (5) nanomaterial technology applied to both battery and
        fuel cell systems;
            (6) large-scale demonstrations, testing, and evaluation of
        plug-in hybrid electric vehicles in different applications with
        different batteries and control systems, including--
                    (A) military applications;
                    (B) mass market passenger and light-duty truck
                applications;
                    (C) private fleet applications; and
                    (D) medium- and heavy-duty applications;
            (7) a nationwide education strategy for electric drive
        transportation technologies providing secondary and high school
        teaching materials and support for education offered by
        institutions of higher education that is focused on electric
        drive system and component engineering;
            (8) development, in consultation with the Administrator of
        the Environmental Protection Agency, of procedures for testing
        and certification of criteria pollutants, fuel economy, and
        petroleum use for light-, medium-, and heavy-duty vehicle
        applications, including consideration of--
                    (A) the vehicle and fuel as a system, not just an
                engine; and
                    (B) nightly off-board charging; and
            (9) advancement of battery and corded electric
        transportation technologies in mobile source applications by--
                    (A) improvement in battery, drive train, and
                control system technologies; and
                    (B) working with industry and the Administrator of
                the Environmental Protection Agency--
                            (i) to understand and inventory markets;
                        and
                            (ii) to identify and implement methods of
                        removing barriers for existing and emerging
                        applications.
    (f) Advanced Battery Initiative.--
            (1) In general.--The Secretary shall establish and carry
        out an Advanced Battery Initiative in accordance with this
        subsection to support research, development, demonstration, and
        commercial application of battery technologies.
            (2) Industry alliance.--Not later than 180 days after the
        date of enactment of this Act, the Secretary shall
        competitively select an Industry Alliance to represent
        participants who are private, for-profit firms headquartered in
        the United States, the primary business of which is the
        manufacturing of batteries.
            (3) Research.--
                    (A) Grants.--The Secretary shall carry out research
                activities of the Initiative through competitively-
                awarded grants to--
                            (i) researchers, including Industry
                        Alliance participants;
                            (ii) small businesses;
                            (iii) National Laboratories; and
                            (iv) institutions of higher education.
                    (B) Industry alliance.--The Secretary shall
                annually solicit from the Industry Alliance--
                            (i) comments to identify advanced battery
                        technology needs relevant to electric drive
                        technology;
                            (ii) an assessment of the progress of
                        research activities of the Initiative; and
                            (iii) assistance in annually updating
                        advanced battery technology roadmaps.
            (4) Availability to the public.--The information and
        roadmaps developed under this subsection shall be available to
        the public.
            (5) Preference.--In making awards under this subsection,
        the Secretary shall give preference to participants in the
        Industry Alliance.
    (g) Cost Sharing.--In carrying out this section, the Secretary
shall require cost sharing in accordance with section 988 of the Energy
Policy Act of 2005 (42 U.S.C. 16352).
    (h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $100,000,000 for each of fiscal
years 2008 through 2012.

SEC. 3. AVAILABILITY OF NEW ADVANCED LEAN BURN TECHNOLOGY MOTOR VEHICLE
              CREDIT FOR HIGH-EFFICIENCY DIESEL MOTOR VEHICLES.

    (a) In General.--Section 30B(c)(3)(A) of the Internal Revenue Code
of 1986 (defining new advanced lean burn technology motor vehicle
credit) is amended--
            (1) by adding ``and'' at the end of clause (ii), and
            (2) by striking clause (iv).
    (b) Effective Date.--The amendments made by this section shall
apply to property purchased after the date of the enactment of this
Act.

SEC. 4. BIODIESEL STANDARDS.

    Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended--
            (1) by redesignating the first subsection (r) (relating to
        the definition of the term ``manufacturer'') as subsection (t)
        and moving the subsection so as to appear after subsection (s);
        and
            (2) by inserting after subsection (o) the following:
    ``(p) Biodiesel Standards.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Biodiesel.--
                            ``(i) In general.--The term `biodiesel'
                        means the monoalkyl esters of long chain fatty
                        acids derived from plant or animal matter that
                        meet--
                                    ``(I) the registration requirements
                                for fuels and fuel additives
                                established by the Environmental
                                Protection Agency under section 211 of
                                the Clean Air Act (42 U.S.C. 7545); and
                                    ``(II) the requirements of the
                                American Society of Testing and
                                Materials D6751.
                            ``(ii) Inclusions.--The term `biodiesel'
                        includes esters described in subparagraph (A)
                        derived from--
                                    ``(I) animal waste, including
                                poultry fat, poultry waste, and other
                                waste material; and
                                    ``(II) municipal solid waste,
                                sludge, and oil derived from wastewater
                                or the treatment of wastewater.
                    ``(B) Biodiesel blend.--
                            ``(i) In general.--The term `biodiesel
                        blend' means a mixture of biodiesel and diesel
                        fuel (as defined in section 4083(a) of the
                        Internal Revenue Code of 1986).
                            ``(ii) Inclusions.--The term `biodiesel
                        blend' includes--
                                    ``(I) a blend of biodiesel and
                                diesel fuel approximately 5 percent of
                                the content of which is biodiesel
                                (commonly known as `B5'); and
                                    ``(II) a blend of biodiesel and
                                diesel fuel approximately 20 percent of
                                the content of which is biodiesel
                                (commonly known as `B20').
            ``(2) Standards.--Not later than 180 days after the date of
        enactment of the American Automobile Industry Promotion Act of
        2007, the Administrator shall promulgate regulations to
        establish standards for each biodiesel blend that is sold or
        introduced into commerce in the United States.''.

Output:
American Automobile Industry Promotion Act of 2007 - Directs the Secretary of Energy to: (1) offer to enter into an arrangement with the National Academy of Sciences to assess state-of-the-art battery technologies with potential application for electric drive transportation; (2) conduct a program of research, development, demonstration, and commercial application for electric drive transportation technology (i.e., vehicles that use electric motors for all or part of the motive power); and (3) establish and carry out an Advanced Battery Initiative to support research, development, demonstration, and commercial application of battery technologies in on-road or nonroad vehicles.

Amends the Internal Revenue Code to redefine the new advanced lean burn technology motor vehicle credit for high-efficiency diesel passenger automobiles and light trucks to eliminate requirements that such motor vehicles for 2004 and later model years receive a certificate stating they meet or exceed certain weight and emission standards.

Amends the Clean Air Act to: (1) define "biodiesel" and "biodiesel blend"; and (2) require the Administrator of the Environmental Protection Agency (EPA) to promulgate regulations to establish standards for each biodiesel blend.