Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Public Benefit Bonds Innovative
Financing Act''.

SEC. 2. TAX TREATMENT OF DISTRIBUTIONS FROM QUALIFIED RETIREMENT PLANS
              INVESTING IN PUBLIC BENEFIT BONDS.

    (a) In General.--Section 72 of the Internal Revenue Code of 1986
(relating to annuities; certain proceeds of endowment and life
insurance contracts) is amended by redesignating subsection (w) as
subsection (x) and by inserting after subsection (v) the following new
subsection:
    ``(w) Treatment of Distribution From Qualified Retirement Plans
Investing in Public Benefit Bonds.--
            ``(1) In general.--In the case of any qualified retirement
        plan which receives directly or indirectly any interest on any
        public benefit bond (including any payments in respect thereof
        made by a surety or guarantor) for purposes of applying this
        section to any distribution from such plan, the distributee's
        investment in the contract shall be treated as including such
        distributee's allocable share of such interest under the terms
        of the qualified retirement plan, and any such distribution
        shall be treated as a distribution described in subsection
        (e)(2)(B) in which the distribution is allocable first to the
        investment in the contract attributable to such interest.
            ``(2) Treatment of installments.--In the case of a
        distribution to be made over more than one calendar year, the
        amount of public benefit bond interest to be taken into account
        with respect to a given calendar year shall be the aggregate
        amount of such interest allocable to the distributee as of the
        end of the prior calendar year. With respect to the final
        calendar year, the amount of public benefit bond interest to be
        taken into account shall include the amount of such interest
        received by the plan during such year that is allocable to the
        plan participant with respect to whom the distribution is made.
            ``(3) Public benefit bond.--The term `public benefit bond'
        means any obligation issued after the date of the enactment of
        this subsection if--
                    ``(i) 95 percent or more of the net proceeds of
                such obligation are used in connection with the
                financing or refinancing of 1 or more infrastructure
                facilities,
                    ``(ii) such obligation has received a published
                rating, and
                    ``(iii) the development of such infrastructure
                facilities have been or will be undertaken by a
                governmental entity or public-private partnership,
        as such terms are defined in paragraph (7).
            ``(4) Legend required.--No obligation shall be a public
        benefit bond for purposes of this subsection unless it is
        designated as intended to be a public benefit bond on the date
        of issuance and bears a legend to such effect.
            ``(5) Qualified retirement plan.--For purposes of this
        subsection, the term `qualified retirement plan' means--
                    ``(A) a qualified retirement plan (as defined in
                section 4974(c)), and
                    ``(B) an eligible deferred compensation plan (as
                defined in section 457(b)).
            ``(6) Treatment of dividends from mutual funds.--
                    ``(A) In general.--For purposes of this subsection,
                in the case of any dividend (other than a dividend
                described in section 854(a)) received from a regulated
                investment company which meets the requirements of
                section 852 for the taxable year in which it paid the
                dividend--
                            ``(i) the entire amount of such dividend
                        shall be treated as interest on a public
                        benefit bond if the aggregate interest on such
                        bonds received by such company during the
                        taxable year equals or exceeds 75 percent of
                        its gross income, or
                            ``(ii) if clause (i) does not apply, a
                        portion of such dividend shall be treated as
                        interest on a public benefit bond based on the
                        portion of the company's gross income which
                        consists of such interest.
                    ``(B) Notice to shareholders.--The amount of any
                distribution by a regulated investment company which
                may be taken into account as interest on a public
                benefit bond for purposes of this section shall not
                exceed the amount so designated by the company in a
                written notice to its shareholders mailed not later
                than 45 days after the close of its taxable year.
                    ``(C) Gross income.--For purposes of this section,
                the term `gross income' does not include gain from the
                sale or other disposition of stock or securities.
            ``(7) Definitions.--In this section, the following
        definitions apply:
                    ``(A) Entity.--The term `entity' means an
                individual, corporation, partnership, joint venture,
                trust or governmental entity or instrumentality.
                    ``(B) Infrastructure facility.--The term
                `infrastructure facility' means a road, highway,
                bridge, tunnel, airport, mass transportation vehicle or
                system, passenger rail vehicle or system, intermodal
                transportation facility, waterway, commercial port,
                drinking or waste water treatment facility, solid waste
                disposal facility, pollution control system, hazardous
                waste facility, federally designated national
                information highway facility, school, and any ancillary
                facility which forms a part of any such facility or is
                reasonably related to such facility, whether owned,
                leased or operated by a public entity or a private
                entity or by a combination of such entities, and the
                financing or refinancing of the development of which
                is, or will be, supported in whole or in part by user
                fees or other dedicated revenue sources.
                    ``(C) Public-private partnership.--The term
                `public-private partnership' means any entity--
                            ``(i) which is undertaking the development
                        of all or part of any infrastructure facility--
                                    ``(I) pursuant to requirements
                                established in 1 or more contracts
                                between such entity and a State or an
                                instrumentality of a State, or
                                    ``(II) the activities of which with
                                respect to such facility are subject to
                                regulation by a State or any
                                instrumentality of a State, and
                            ``(ii) which owns, leases, or operates, or
                        will own, lease, or operate, such
                        infrastructure facility in whole or in part,
                        and at least 1 of the participants in such
                        entity is a nongovernmental entity.''.
    (b) Conforming Amendment.--Subsection (w) of section 72 of the
Internal Revenue Code of 1986 is amended by adding the following new
paragraph:
            ``(4) Treatment of qualifying public benefit bond
        interest.--For purposes of subsections (c)(1)(A) and (c)(2)(A),
        the total amount of public benefit bond interest described in
        subsection (w) with respect to a participant in a qualified
        retirement plan (determined without reference to the annuity
        starting date) shall be treated as an investment in the
        contract.''.
    (c) Effective Date.--The amendments made this section shall apply
to distributions after the date of the enactment of this Act.

Output: Public Benefit Bonds Innovative Financing Act - Amends the Internal Revenue Code to provide for the tax treatment of distributions from qualified retirement plans investing in public benefit bonds.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Abandoned Mine Land Reclamation
Reform Act of 2004''.

SEC. 2. ABANDONED MINE RECLAMATION FUND.

    (a) In General.--Section 401(c) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1231(c)) is amended--
            (1) by striking paragraphs (2) and (6); and
            (2) by redesignating paragraphs (3) through (5) and (7)
        through (13) as paragraphs (2) through (11), respectively.
    (b) Conforming Amendment.--Section 712(b) of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1302(b)) is amended by
striking ``section 401(c)(11)'' and inserting ``section 401(c)(9)''.

SEC. 3. RECLAMATION FEE.

    Section 402 of the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1232) is amended--
            (1) in subsection (a)--
                    (A) by striking ``35'' and inserting ``25'';
                    (B) by striking ``15'' and inserting ``12''; and
                    (C) by striking ``10 cents'' and inserting ``8
                cents'';
            (2) in subsection (b), by striking ``2004,'' and all that
        follows through the end and inserting ``2014.''; and
            (3) in subsection (g)--
                    (A) in paragraph (1)(D), by striking ``in any area
                under paragraph (2), (3), (4), or (5)'' and inserting
                ``under paragraph (5)'';
                    (B) by striking paragraph (2) and inserting the
                following:
            ``(2) In making grants under paragraph (1)(C) and (5), the
        Secretary shall ensure that States and Indian tribes comply
        strictly with the priorities specified in section 403(a) until
        a certification is made under section 411(a).'';
                    (C) in paragraph (3)--
                            (i) in the matter preceding subparagraph
                        (A), by striking ``paragraphs (2) and'' and
                        inserting ``paragraph'';
                            (ii) in subparagraph (A), by striking
                        ``401(c)(11)'' and inserting ``401(c)(9)''; and
                            (iii) by adding at the end the following:
                    ``(E) For the purpose of paragraph (8).'';
                    (D) in paragraph (5)--
                            (i) in the first sentence, by striking
                        ``The Secretary shall allocate 40'' and
                        inserting ``(A) The Secretary shall allocate
                        60'';
                            (ii) in the last sentence, by striking
                        ``Funds allocated or expended by the Secretary
                        under paragraphs (2), (3), or (4) of this
                        subsection'' and inserting ``Funds made
                        available under paragraph (3) or (4)''; and
                            (iii) by adding at the end the following:
                    ``(B) Any amount that is reallocated and available
                under section 411(h)(3) shall be in addition to amounts
                that are allocated under subparagraph (A).''; and
                    (E) by striking paragraphs (6), (7), and (8) and
                inserting the following:
            ``(6)(A) In this paragraph, the term `qualified hydrologic
        unit' means a hydrologic unit--
                    ``(i) in which the water quality has been
                significantly affected by acid mine drainage from coal
                mining practices in a manner that adversely affects
                biological resources; and
                    ``(ii) that contains land and water that is--
                            ``(I) eligible under section 404 and
                        appropriate for the expenditure of moneys from
                        the fund for the purposes specified in section
                        403(a); and
                            ``(II) the subject of expenditures by the
                        State from the forfeiture of a bond filed under
                        section 509 or from any other State source to
abate and treat acid mine drainage.
            ``(B) Any State with an approved abandoned mine reclamation
        program under section 405 may receive and retain, without
        regard to the 3-year limitation referred to in paragraph
        (1)(D), up to 10 percent of the total amount of the grants made
        annually to the State under paragraphs (1) and (5) if--
                    ``(i) the amount retained is deposited in an acid
                mine drainage abatement and treatment fund established
                under State law; and
                    ``(ii) the amount deposited under clause (i)
                (together with all interest earned on the amount) is
                expended by the State for the abatement of the causes
                and the treatment of the effects of acid mine drainage
                in a comprehensive manner within qualified hydrologic
                units affected by coal mining practices.
            ``(7) In complying with the priorities specified in section
        403(a), any State or Indian tribe may expend amounts available
        in grants made annually to the State or tribe under paragraphs
        (1) and (5) for projects for the purpose specified in section
        403(a)(3) prior to the completion of reclamation projects under
        paragraphs (1) and (2) of section 403(a) only if the
        expenditure is made in conjunction with the expenditure of
        funds for reclamation projects under paragraphs (1) and (2) of
        section 403(a).
            ``(8) In making grants referred to in paragraph (1)(C), the
        Secretary, using amounts allocated to a State or Indian tribe
        under subparagraph (A) or (B) of paragraph (1), or as necessary
        amounts available to the Secretary under paragraph (3), shall
        ensure that total grant awards of not less than $2,000,000 are
        made annually to each State, including Tennessee, and each
        Indian tribe.''.

SEC. 4. OBJECTIVES OF FUND.

    Section 403 of the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1233(a)) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``general
                welfare,'';
                    (B) in paragraph (2)--
                            (i) by striking ``health, safety, and
                        general welfare'' and inserting ``health and
                        safety''; and
                            (ii) by inserting ``and'' after the
                        semicolon at the end; and
                    (C) by striking paragraphs (4) and (5);
            (2) in subsection (b)--
                    (A) by striking the subsection heading and
                inserting ``Water Supply Restoration.--''; and
                    (B) in paragraph (1), by striking ``up to 30
                percent of the''; and
            (3) in the second sentence of subsection (c), by inserting
        ``, subject to the approval of the Secretary,'' after
        ``amendments''.

SEC. 5. RECLAMATION OF RURAL LAND.

    Section 406 of the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1236) is amended--
            (1) in subsection (h), by striking ``Soil Conservation
        Service'' and inserting ``Natural Resources Conservation
        Service''; and
            (2) by adding at the end the following:
                            ``(i) There are authorized to be
                        appropriated to the Secretary of Agriculture,
                        from amounts in the Treasury other than amounts
                        in the fund, such sums as are necessary to
                        carry out this section.''.

SEC. 6. LIENS.

    Section 408(a) of the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1238) is amended in the last sentence by striking ``who
owned the surface prior to May 2, 1977, and''.

SEC. 7. CERTIFICATION.

    Section 411 of the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1240a) is amended by adding at the end the following:
    ``(h) State Share for Certified States and Indian Tribes.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Qualified state or Indian tribe.--The term
                `qualified State or Indian tribe' means a State or
                Indian tribe--
                            ``(i) for which a certification is made
                        under subsection (a); and
                            ``(ii) in which there is public domain land
                        available for leasing under the Mineral Leasing
Act (30 U.S.C. 181 et seq.).
                    ``(B) Non-qualified state or indian tribe.--The
                term `non-qualified State or Indian tribe' means a
                State or Indian tribe--
                            ``(i) for which certification is made under
                        subsection (a); and
                            ``(ii) in which there is no public domain
                        land available for leasing under the Mineral
                        Leasing Act (30 U.S.C. 181 et seq.).
            ``(2) Payments to qualified states and indian tribes.--From
        amounts referred to in section 35(a) of the Mineral Leasing Act
        (30 U.S.C. 191(a)) that are paid into the Treasury after the
        date of the enactment of this subsection and that are not paid
        to States under section 35 of that Act or reserved as part of
        the reclamation fund under that section, the Secretary of the
        Interior shall pay to each qualified State and Indian tribe, on
        a proportional basis, an amount equal to the sum of the
        aggregate unappropriated amount allocated to the qualified
        State and Indian tribe under section 402(g)(1)(A).
            ``(3) Payments to non-qualified states and indian tribes.--
                    ``(A) In general.--Not later than December 31,
                2004, in addition to any other funds provided under
                this Act, the Secretary of the Interior shall use
                amounts described in section 8(a) of the Abandoned Mine
                Land Reclamation Reform Act of 2004 to pay an amount to
                any non-qualified State or Indian tribe.
                    ``(B) Proportional amount.--The payment to a non-
                qualified State or Indian tribe under subparagraph (A)
                shall be--
                            ``(i) proportional to the sum of the
                        aggregate unappropriated amount allocated to
                        the State or Indian tribe under section
                        402(g)(1)(B); and
                            ``(ii) in lieu of payment of the aggregate
                        allocated amount.
                    ``(C) Total amount.--The total amount of payments
                made under this paragraph shall not exceed $65,000,000.
            ``(4) Administration.--Payments to States and Indian tribes
        under this subsection shall be made, without regard to any
        limitation in section 401(d), in the same manner as if the
        payments were made under, and concurrently with payments under,
        section 35 of the Mineral Leasing Act (30 U.S.C. 191).
            ``(5) Reallocation.--The amount allocated to any State or
        Indian tribe under section 402(g)(1)(A) that is paid to the
        qualified State or Indian tribe as a result of a payment under
        paragraph (2) shall be reallocated and available for grants
        under section 402(g)(5).''.

SEC. 8. IMPLEMENTATION.

    (a) Transition Rules.--
            (1) Availability of allocated amounts.--Amounts allocated
        under section 402(g)(2) of the Surface Mining Control and
        Reclamation Act of 1977 (30 U.S.C. 1232(g)(2)) (excluding
        interest) before the date of enactment of this Act for the
        program under section 406 of that Act (30 U.S.C. 1236), but not
        appropriated before that date, shall be available for fiscal
        year 2005 and thereafter for the transfers referred to in
        paragraphs (2) and (3) of section 411(h) of that Act (30 U.S.C.
        1240a(h)) (as amended by section 7), in the same manner as are
        other amounts available for the transfers.
            (2) Interest.--Notwithstanding any other provision of law,
        interest credited to the fund established by section 401 of the
        Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
        1231) that are not transferred to the Combined Benefit Fund
        referred to in section 402(h) of that Act (30 U.S.C. 1232(h)),
        before the date of enactment of this Act shall be available for
        fiscal year 2006 and thereafter for the transfers referred to
        in paragraphs (2) and (3) of section 402(h) of that Act (30
        U.S.C. 1232(h)), in the same manner as are other amounts
        available for the transfers.
    (b) Inventory.--
            (1) In general.--Not later than 1 year after the date of
        enactment of this Act, the Secretary of the Interior shall
        complete a review of all additions made, pursuant to amendments
        offered by States and Indians tribes after December 31, 1998,
        to the inventory referred to in section 403(c) of the Surface
        Mining Control and Reclamation Act of 1977 (30 U.S.C. 1233(c))
        to ensure that the additions--
                    (A) reflect eligible land and water under section
                404 of that Act (30 U.S.C. 1234) that meet the
                priorities specified in paragraphs (1) and (2) of
                section 403(a) of that Act (30 U.S.C. 1233(a)); and
                    (B) are correctly identified pursuant to the
                priorities.
            (2) Removal from inventory.--Any land or water that was
        included in the inventory pursuant to the general welfare
        standard specified in section 403(a) of that Act (30 U.S.C.
        1233(a)) before the date of enactment of this Act that is
        determined in the review to no longer meet the criteria
        specified in paragraphs (1) and (2) of section 403(a) of that
        Act (as amended by section 4(1)), shall be removed from the
        inventory.
    (c) Clarification.--Section 528(2) of the Surface Mining Control
and Reclamation Act of 1977 (30 U.S.C. 1278(2)) is amended by inserting
after ``government-financed'' the following: ``(not including financing
with funds made available under title IV)''.
    (d) Remining.--
            (1) Extension of authority.--Section 510(e) of the Surface
        Mining Control and Reclamation Act of 1977 (30 U.S.C. 1260(e))
        is amended in the last sentence by striking ``2004'' and
        inserting ``2014''.
            (2) Savings clause.--Except as provided in paragraph (1),
        nothing in this section modifies any provision of law relating
        to the remining of coal.

Output:
Abandoned Mine Land Reclamation Reform Act of 2004 - Amends the Surface Mining Control and Reclamation Act of 1977 to repeal the authorization that certain moneys in the Abandoned Mine Reclamation Fund may be used: (1) by the Secretary of Agriculture for reclamation of rural lands; and (2) by the Department of the Interior for studies by contract with organizations for advice and research and development projects technical assistance.

Reduces the reclamation fee required to be paid by operators of coal mining operations.

Revises Fund allocation requirements with respect to reclamation fees.

Repeals Fund objectives concerning: (1) protection , construction, or enhancement of public facilities such as utilities, roads, recreation and conservation facilities adversely affected by coal mining practices; and (2) the development of publicly owned land adversely affected by coal mining practices including land acquired as provided in this subchapter for recreation and historic purposes, conservation, and reclamation purposes and open space benefits.

States that no lien shall be filed against any person who neither consented to, nor participated in nor exercised control over, the mining operation which necessitated reclamation. Repeals the limitation of such prohibition to persons who owned the surface before May 2, 1977.

Expands certification guidelines to prescribe payments to: (1) qualified States and Indian tribes; and (2) non-qualified States and Indian tribes.


Input:
SECTION 1. SHORT TITLE, ETC.

    (a) Short Title.--This Act may be cited as the ``Marriage Penalty
and Family Tax Relief Act of 2001''.
    (b) Section 15 Not To Apply.--No amendment made by this Act shall
be treated as a change in a rate of tax for purposes of section 15 of
the Internal Revenue Code of 1986.

SEC. 2. ELIMINATION OF MARRIAGE PENALTY IN STANDARD DEDUCTION.

    (a) In General.--Paragraph (2) of section 63(c) of the Internal
Revenue Code of 1986 (relating to standard deduction) is amended--
            (1) by striking ``$5,000'' in subparagraph (A) and
        inserting ``200 percent of the dollar amount in effect under
        subparagraph (C) for the taxable year'';
            (2) by adding ``or'' at the end of subparagraph (B);
            (3) by striking ``in the case of'' and all that follows in
        subparagraph (C) and inserting ``in any other case.''; and
            (4) by striking subparagraph (D).
    (b) Technical Amendments.--
            (1) Subparagraph (B) of section 1(f)(6) of such Code is
        amended by striking ``(other than with'' and all that follows
        through ``shall be applied'' and inserting ``(other than with
        respect to sections 63(c)(4) and 151(d)(4)(A)) shall be
        applied''.
            (2) Paragraph (4) of section 63(c) of such Code is amended
        by adding at the end the following flush sentence:
        ``The preceding sentence shall not apply to the amount referred
        to in paragraph (2)(A).''.
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001.

SEC. 3. PHASEOUT OF MARRIAGE PENALTY IN 15-PERCENT BRACKET.

    (a) In General.--Subsection (f) of section 1 of the Internal
Revenue Code of 1986 (relating to adjustments in tax tables so that
inflation will not result in tax increases) is amended by adding at the
end the following new paragraph:
            ``(8) Phaseout of marriage penalty in 15-percent bracket.--
                    ``(A) In general.--With respect to taxable years
                beginning after December 31, 2003, in prescribing the
                tables under paragraph (1)--
                            ``(i) the maximum taxable income in the
                        lowest rate bracket in the table contained in
                        subsection (a) (and the minimum taxable income
                        in the next higher taxable income bracket in
                        such table) shall be the applicable percentage
                        of the maximum taxable income in the lowest
                        rate bracket in the table contained in
                        subsection (c) (after any other adjustment
                        under this subsection), and
                            ``(ii) the comparable taxable income
                        amounts in the table contained in subsection
                        (d) shall be \1/2\ of the amounts determined
                        under clause (i).
                    ``(B) Applicable percentage.--For purposes of
                subparagraph (A), the applicable percentage shall be
                determined in accordance with the following table:

                ``For taxable years beginning
                                                         The applicable
                  in calendar year--
                                                        percentage is--
                    2004...................................        172
                    2005...................................        178
                    2006...................................        183
                    2007...................................        189
                    2008...................................        195
                    2009 and thereafter....................       200.
                    ``(C) Rounding.--If any amount determined under
                subparagraph (A)(i) is not a multiple of $50, such
                amount shall be rounded to the next lowest multiple of
                $50.''.
    (b) Repeal of Reduction of Refundable Tax Credits.--
            (1) Subsection (d) of section 24 of such Code is amended by
        striking paragraph (2) and redesignating paragraph (3) as
        paragraph (2).
            (2) Section 32 of such Code is amended by striking
        subsection (h).
    (c) Increase in Alternative Minimum Tax Exemption Amount for Joint
Returns.--
            (1) In general.--Subsection (d) of section 55 of such Code
        is amended by adding at the end the following new paragraph:
            ``(4) Adjustment of exemption amount for joint returns.--
                    ``(A) In general.--The dollar amount applicable
                under paragraph (1)(A) for 2008 and each even-numbered
                calendar year thereafter--
                            ``(i) shall be $500 greater than the dollar
                        amount applicable under paragraph (1)(A) for
                        the prior even-numbered calendar year, and
                            ``(ii) shall apply to taxable years
                        beginning in such even-numbered calendar year
                        and in the succeeding calendar year.
                In no event shall the dollar amount applicable under
                paragraph (1)(A) exceed twice the dollar amount
                applicable under paragraph (1)(B).
                    ``(B) Exemption amounts for 2005, 2006, and 2007.--
                The dollar amount applicable under paragraph (1)(A)
                shall be--
                            ``(i) $46,000 for taxable years beginning
                        in 2005, and
                            ``(ii) $46,500 for taxable years beginning
                        in 2006 or 2007.''.
            (2) Conforming amendments.--
                    (A) Paragraph (1) of section 55(d) of such Code is
                amended by striking ``and'' at the end of subparagraph
                (B), by striking subparagraph (C), and by inserting
                after subparagraph (B) the following new subparagraphs:
                    ``(C) 50 percent of the dollar amount applicable
                under paragraph (1)(A) in the case of a married
                individual who files a separate return, and
                    ``(D) $22,500 in the case of an estate or trust.''.
                    (B) Subparagraph (C) of section 55(d)(3) of such
                Code is amended by striking ``paragraph (1)(C)'' and
                inserting ``subparagraph (C) or (D) of paragraph (1)''.
                    (C) The last sentence of section 55(d)(3) of such
                Code is amended--
                            (i) by striking ``paragraph (1)(C)(i)'' and
                        inserting ``paragraph (1)(C)''; and
                            (ii) by striking ``$165,000 or (ii)
                        $22,500'' and inserting ``the minimum amount of
                        such income (as so determined) for which the
                        exemption amount under paragraph (1)(C) is
                        zero, or (ii) such exemption amount (determined
                        without regard to this paragraph)''.
    (d) Technical Amendments.--
            (1) Subparagraph (A) of section 1(f)(2) of such Code is
        amended by inserting ``except as provided in paragraph (8),''
        before ``by increasing''.
            (2) The heading for subsection (f) of section 1 of such
        Code is amended by inserting ``Phaseout of Marriage Penalty in
        15-Percent Bracket;'' before ``Adjustments''.
    (e) Effective Dates.--
            (1) In general.--Except as otherwise provided in this
        subsection, the amendments made by this section shall apply to
        taxable years beginning after December 31, 2003.
            (2) Subsection (b).--The amendments made by subsection (b)
        shall apply to taxable years beginning after December 31, 2001.
            (3) Subsection (c).--The amendments made by subsection (c)
        shall apply to taxable years beginning after December 31, 2004.

SEC. 4. MARRIAGE PENALTY RELIEF FOR EARNED INCOME CREDIT; EARNED INCOME
              TO INCLUDE ONLY AMOUNTS INCLUDIBLE IN GROSS INCOME.

    (a) In General.--Paragraph (2) of section 32(b) of the Internal
Revenue Code of 1986 (relating to percentages and amounts) is amended--
            (1) by striking ``Amounts.--The earned'' and inserting
        ``Amounts.--
                    ``(A) In general.--Subject to subparagraph (B), the
                earned''; and
            (2) by adding at the end the following new subparagraph:
                    ``(B) Joint returns.--In the case of a joint
                return, the earned income amount determined under
                subparagraph (A) shall be 110 percent of the otherwise
                applicable amount. If any amount determined under the
                preceding sentence is not a multiple of $10, such
                amount shall be rounded to the nearest multiple of
                $10.''.
    (b) Earned Income To Include Only Amounts Includible in Gross
Income.--Clause (i) of section 32(c)(2)(A) of such Code (defining
earned income) is amended by inserting ``, but only if such amounts are
includible in gross income for the taxable year'' after ``other
employee compensation''.
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001.

SEC. 5. MODIFICATIONS TO CHILD TAX CREDIT.

    (a) Increase in Per Child Amount.--Subsection (a) of section 24 of
the Internal Revenue Code of 1986 (relating to child tax credit) is
amended to read as follows:
    ``(a) Allowance of Credit.--
            ``(1) In general.--There shall be allowed as a credit
        against the tax imposed by this chapter for the taxable year
        with respect to each qualifying child of the taxpayer an amount
        equal to the per child amount.
            ``(2) Per child amount.--For purposes of paragraph (1), the
        per child amount shall be determined as follows:

``In the case of any taxable year   The per child amount is--
        beginning in--
    2001 and 2002.................................              $  600
    2003..........................................                 700
    2004..........................................                 800
    2005..........................................                 900
    2006 or thereafter............................            1,000.''.
    (b) Credit Allowed Against Alternative Minimum Tax.--
            (1) In general.--Subsection (b) of section 24 of such Code
        is amended by adding at the end the following new paragraph:
            ``(3) Limitation based on amount of tax.--The credit
        allowed under subsection (a) for any 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 27 for
                the taxable year.''.
            (2) Conforming amendments.--
                    (A) The heading for section 24(b) of such Code is
                amended to read as follows: ``Limitations.--''.
                    (B) The heading for section 24(b)(1) of such Code
                is amended to read as follows: ``Limitation based on
                adjusted gross income.--''.
                    (C) Section 24(d) of such Code is amended--
                            (i) by striking ``section 26(a)'' each
                        place it appears and inserting ``subsection
                        (b)(3)'', and
                            (ii) in paragraph (1)(B) by striking
                        ``aggregate amount of credits allowed by this
                        subpart'' and inserting ``amount of credit
                        allowed by this section''.
                    (D) Paragraph (1) of section 26(a) of such Code is
                amended by inserting ``(other than section 24)'' after
                ``this subpart''.
                    (E) Subsection (c) of section 23 of such Code is
                amended by striking ``and section 1400C'' and inserting
                ``and sections 24 and 1400C''.
                    (F) Subparagraph (C) of section 25(e)(1) of such
                Code is amended by inserting ``, 24,'' after ``sections
                23''.
                    (G) Section 904(h) of such Code is amended by
                inserting ``(other than section 24)'' after
                ``chapter''.
                    (H) Subsection (d) of section 1400C of such Code is
                amended by inserting ``and section 24'' after ``this
                section''.
    (c) Additional Credit for Families With 3 or More Children
Available to All Families.--Subsection (d) of section 24 of such Code
is amended--
            (1) in paragraph (1) by striking ``In the case of a
        taxpayer with three or more qualifying children for any taxable
        year, the'' and inserting ``The'', and
            (2) in the subsection heading by striking ``With 3 or More
        Children'' and inserting ``Paying Social Security Taxes''.
    (d) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the
        amendments made by this section shall apply to taxable years
        beginning after December 31, 2000.
            (2) Subsection (b).--The amendments made by subsection (b)
        shall apply to taxable years beginning after December 31, 2001.

SEC. 6. PROTECTION OF SOCIAL SECURITY AND MEDICARE.

    The amounts transferred to any trust fund under the Social Security
Act shall be determined as if this Act had not been enacted.

            Passed the House of Representatives March 29, 2001.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.

Output: Marriage Penalty and Family Tax Relief Act of 2001 - Amends the Internal Revenue Code to provide that the basic standard deduction on a joint return shall be equal to 200 percent of the dollar amount of an individual who is not married.(Sec. 3) Provides a six-year schedule for making, by 2009, the maximum taxable income in the lowest married bracket equal to double the maximum taxable income in the lowest single filer bracket.Repeals provisions providing for: (1) the reduction in the additional child tax credit for families with three or more children for taxpayers subject to the alternative minimum tax; and (2) the reduction in the earned income credit for taxpayers subject to the alternative minimum tax.Provides, starting in 2008, for increasing the alternative minimum tax exemption amount on joint returns.(Sec. 4) Provides for increases in the earned income credit phaseout amount on a joint return equal to 110 percent of the otherwise applicable amount.Includes in the definition of the term "earned income," for purposes of the earned income credit, only amounts included in gross income.(Sec 5) Provides a schedule for increasing the child tax credit to $1,000 by 2006.Prohibits the child tax credit from exceeding the excess of: (1) the sum of the regular tax liability plus the alternative minimum tax; over (2) the sum of the nonrefundable personal credits (other than the child tax credit) and the foreign tax credit and Puerto Rico and possession tax credit.Extends the availability of the additional credit for families with three or more children to families with fewer than three children.(Sec. 6) States that the amounts transferred to any Social Security Act trust fund shall be determined as if this Act had not been enacted.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Prescription Drug Consumer
Information Act of 2003''.

SEC. 2. PHARMACY BENEFIT MANAGERS TRANSPARENCY REQUIREMENTS.

    (a) Amendments to the Public Health Service Act Relating to the
Group Market.--
            (1) In general.--Subpart 2 of part A of title XXVII of the
        Public Health Service Act (42 U.S.C. 300gg-4 et seq.) is
        amended by adding at the end the following:

``SEC. 2707. PHARMACY BENEFIT MANAGERS TRANSPARENCY REQUIREMENTS.

    ``Notwithstanding any other provision of law, a group health plan,
and a health insurance issuer providing health insurance coverage in
connection with a group health plan, shall not enter into a contract
with any pharmacy benefit manager (in this section referred to as a
`PBM') to manage the prescription drug coverage provided under such
plan or insurance coverage, or to control the costs of such
prescription drug coverage, unless the PBM satisfies the following
requirements:
            ``(1) The PBM is not owned by a pharmaceutical
        manufacturing company.
            ``(2) The PBM agrees to pass along any cost savings
        negotiated with a pharmacy to the group health plan or the
        health insurance issuer.
            ``(3) The PBM agrees to make public on an annual basis the
        percent of manufacturer's rebates received by the PBM that is
        passed back to the group health plan or the health insurance
        issuer on a drug-by-drug basis.
            ``(4) The PBM agrees to provide, at least annually, the
        group health plan or the health insurance issuer with all
        financial and utilization information requested by the plan or
        issuer relating to the provision of benefits to eligible
        enrollees through the PBM and all financial and utilization
        information relating to services provided to the plan or
        issuer. A PBM providing information under this paragraph may
        designate that information as confidential. Information
        designated as confidential by a PBM and provided to a plan or
        issuer under this paragraph may not be disclosed to any person
        without the consent of the PBM.
            ``(5) The PBM agrees to provide, at least annually, the
        group health plan or the health insurance issuer with all
        financial terms and arrangements for remuneration of any kind
        that apply between the PBM and any prescription drug
        manufacturer or labeler, including formulary management and
        drug-switch programs, educational support, claims processing
        and pharmacy network fees that are charged from retail
        pharmacies and data sales fees.''.
            (2) Effective date.--The amendment made by this subsection
        shall apply to group health plans and health insurance issuers
        in connection with group health plans for plan years beginning
        on or after the date of enactment of this Act.
    (b) Amendment to the Public Health Service Act Relating to the
Individual Market.--
            (1) In general.--The first subpart 3 of part B of title
        XXVII of the Public Health Service Act (42 U.S.C. 300gg-51 et
        seq.) is amended--
                    (A) by redesignating such subpart as subpart 2; and
                    (B) by adding at the end the following:

``SEC. 2753. PHARMACY BENEFIT MANAGERS TRANSPARENCY REQUIREMENTS.

    ``The provisions of section 2707 shall apply to health insurance
coverage offered by a health insurance issuer in the individual market
in the same manner as they apply to a group health plan and a health
insurance issuer providing health insurance coverage under that
section.''.
            (2) Effective date.--The amendment made by paragraph (1)(B)
        shall apply with respect to health insurance coverage offered,
        sold, issued, renewed, in effect, or operated in the individual
        market on or after the date of enactment of this Act.
    (c) Employee Retirement Income Security Act of 1974.--
            (1) In general.--Subpart B of part 7 of subtitle B of title
        I of the Employee Retirement Income Security Act of 1974 (29
        U.S.C. 1185 et seq.) is amended by adding at the end the
        following:

``SEC. 714. PHARMACY BENEFIT MANAGERS TRANSPARENCY REQUIREMENTS.

    ``The provisions of section 2707 of the Public Health Service Act
shall apply to a group health plan, and a health insurance issuer
providing health insurance coverage in connection with a group health
plan, in the same manner as such provisions apply to a group health
plan and a health insurance issuer providing health insurance coverage
under that section.''.
            (2) Clerical amendment.--The table of contents in section 1
        of the Employee Retirement Income Security Act of 1974 is
        amended by inserting after the item relating to section 713 the
        following:

``Sec. 714. Pharmacy benefit managers transparency requirements.''.
            (3) Effective date.--The amendments made by this subsection
        shall apply with respect to plan years beginning on or after
        the date of enactment of this Act.

SEC. 3. DISCLOSURE OF RETAIL PRICES OF PHARMACEUTICALS.

    The Secretary of Health and Human Services shall promulgate
regulations requiring a pharmacy to disclose the retail cost of a
prescription drug upon request by a consumer.

Output: Prescription Drug Consumer Information Act of 2003 - Amends the Public Health Service Act with regard to certain contracts involving pharmacy benefit managers (PBM's). Sets forth certain requirements a PBM must meet for a group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan (health insurance issuer), to enter into a contract with the PBM to manage the prescription drug coverage provided under such plan or coverage or to control the costs of such prescription drug coverage. Includes among such requirements that the PBM not be owned by a pharmaceutical manufacturing company and that the PBM shall agree to pass along any cost savings negotiated with a pharmacy to the group health plan or the health insurance issuer.Amends the Act to apply the provisions of this Act regarding contracts with a PBM to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply to a group health plan and a health insurance issuer providing health insurance coverage.Amends the Employee Retirement Income Security Act of 1974 to apply the provisions of this Act regarding contracts with a PBM to a group health plan and a health insurance issuer in the same manner as such provisions apply to a group health plan and a health insurance issuer providing health insurance coverage.Directs the Secretary of Health and Human Services to promulgate regulations requiring a pharmacy to disclose the retail cost of a prescription drug upon request by a consumer.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nuclear Fuel Storage Improvement Act
of 2011''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the Nuclear
        Regulatory Commission.
            (2) Secretary.--The term ``Secretary'' means the Secretary
        of Energy.

SEC. 3. INCENTIVES FOR SITING OF TEMPORARY USED FUEL STORAGE
              FACILITIES.

    (a) Definitions.--In this section:
            (1) Agreement.--The term ``agreement'' means a temporary
        used fuel storage facility agreement entered into under
        subsection (e).
            (2) First used fuel receipt.--The term ``first used fuel
        receipt'' means the receipt of used fuel by a temporary used
        fuel storage facility at a site within the jurisdiction of a
        unit of local government that is a party to an agreement.
            (3) Nuclear waste fund.--The term ``Nuclear Waste Fund''
        means the Nuclear Waste Fund established under section 302 of
        the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222).
            (4) Unit of local government.--The term ``unit of local
        government'' means any borough, city, county, parish, town,
        township, village, or other general purpose political
        subdivision of a State, or association of 2 or more political
        subdivisions of a State.
            (5) Used fuel.--The term ``used fuel'' means nuclear fuel
        that has been withdrawn from a nuclear reactor following
        irradiation, the constituent elements of which have not been
        separated by reprocessing.
    (b) Authorization.--The Secretary shall offer to enter into
temporary used fuel storage facility agreements in accordance with this
section.
    (c) Notice From Units of Local Government to Secretary.--Not later
than January 1, 2013, representatives of a unit of local government,
with the written approval of the Governor of the State in which the
jurisdiction of the local government is located, may submit to the
Secretary written notice that the unit of local government is willing
to have a privately owned and operated temporary used fuel storage
facility located at an identified site within the jurisdiction of the
unit of local government.
    (d) Preliminary Compensation.--
            (1) In general.--The Secretary shall make payments of
        $1,000,000 each year to not more than 3 units of local
        government that have submitted notices under subsection (c).
            (2) Multiple notices.--If more than 3 notices are received
        under subsection (c), the Secretary shall make payments to the
        first 3 units of local government, based on the order in which
        the notices are received.
            (3) Timing.--The payments shall be made annually for a 3-
        year period, on the anniversary date of the filing of the
        notice under subsection (c).
    (e) Agreement.--
            (1) In general.--On the docketing of an application for a
        license for a temporary used fuel storage facility, in
        accordance with part 72 of title 10, Code of Federal
        Regulations, at a site within the jurisdiction of a unit of
        local government by the Commission, the Secretary shall offer
        to enter into a temporary used fuel storage facility economic
        impact agreement with the unit of local government.
            (2) Terms and conditions.--An agreement between the
        Secretary and a unit of local government under this subsection
        shall contain such terms and conditions (including such
        financial and institutional arrangements) as the Secretary and
        the unit of local government determine to be reasonable and
        appropriate.
            (3) Amendment.--An agreement may be--
                    (A) amended only with the mutual consent of the
                parties to the agreement; and
                    (B) terminated only in accordance with paragraph
                (4).
            (4) Termination.--The Secretary shall terminate an
        agreement if the Secretary determines that any major element of
        the temporary used fuel storage facility required under the
        agreement will not be completed.
            (5) Number of agreements.--Not more than 2 agreements may
        be in effect at any time.
            (6) Payment schedule.--
                    (A) In general.--If the Secretary enters into an
                agreement under this subsection, the Secretary shall
                make to the unit of local government and the State in
                which the unit of local government is located--
                            (i) payments of--
                                    (I) on the date of entering into
                                the agreement under this subsection,
                                $6,000,000;
                                    (II) during the period beginning on
                                the date of entering into an agreement
                                and ending on the date of first used
                                fuel receipt or denial of the license
                                application for a temporary used fuel
                                storage facility by the Commission,
                                whichever is later, $10,000,000 for
                                each year; and
                                    (III) during the period beginning
                                on the date of first used fuel receipt
                                and ending on the date of closure of
                                the facility, a total of the higher
                                of--
                                            (aa) $15,000,000 for each
                                        year; or
                                            (bb) $15,000 per metric ton
                                        of used fuel received at the
                                        facility for each year, up to a
                                        maximum of $25,000,000 for each
                                        year; and
                            (ii) a payment of $20,000,000 on closure of
                        the facility.
                    (B) Timing of annual payments.--The Secretary shall
                make annual payments under subparagraph (A)(i)--
                            (i) in the case of annual payments
                        described in subparagraph (A)(i)(II), on the
                        anniversary of the date of the docketing of the
                        license application by the Commission; and
                            (ii) in the case of annual payments
                        described in subparagraph (A)(i)(III), on the
                        date of the first used fuel receipt and
                        thereafter on the anniversary date of the first
                        used fuel receipt, in lieu of annual payments
                        described in subparagraph (A)(i)(II).
                    (C) Termination of authority.--Subject to
                subparagraph (A)(ii), the authority to make payments
                under this paragraph terminates on the date of closure
                of the facility.
    (f) Funding.--Funding for compensation and payments provided for,
and made under, this section shall be made available from amounts
available in the Nuclear Waste Fund.

SEC. 4. ACCEPTANCE, STORAGE, AND SETTLEMENT OF CLAIMS.

    (a) In General.--The Secretary shall offer to enter into a long-
term contract for the storage of used fuel from civilian nuclear power
plants with a private entity that owns or operates an independent used
fuel storage facility licensed by the Commission that is located within
the jurisdiction of a unit of local government to which payments are
made pursuant to section 3(e).
    (b) Settlement and Acceptance of Used Fuel.--
            (1) In general.--At the request of a party to a contract
        under section 302(a) of the Nuclear Waste Policy Act of 1982
        (42 U.S.C. 10222(a)), the Secretary may enter into an agreement
        for the settlement of all claims against the Secretary under a
        contract for failure to dispose of high-level radioactive waste
        or used nuclear fuel not later than January 31, 1998.
            (2) Terms and conditions.--A settlement agreement described
        in paragraph (1)--
                    (A) shall contain such terms and conditions
                (including such financial and institutional
                arrangements) as the Secretary and the party to the
                contract determine to be reasonable and appropriate;
                and
                    (B) may include the acceptance of used fuel from
                the party to the contract for storage at a facility
                with respect to which the Secretary has a long-term
                contract under subsection (a).
    (c) Priority for Acceptance for Closed Facilities.--
            (1) In general.--If a request for fuel acceptance is made
        under this section by a facility that has produced used nuclear
        fuel and that is shut down permanently and the facility has
        been decommissioned, the Secretary shall provide priority for
        the acceptance of the fuel produced by the facility.
            (2) Schedule.--Spent nuclear fuel and high-level
        radioactive waste generated by a facility in existence as of
        the date of enactment of this Act shall be offered a schedule
        in accordance with the priority established pursuant to Article
        IV.b.5 of the contract entitled ``Contract for Disposal of
        Spent Nuclear Fuel and/or High-Level Radioactive Waste'', as
        specified in section 961.11 of title 10, Code of Federal
        Regulations.
    (d) Transportation of Used Fuel.--
            (1) In general.--The Secretary shall provide for the
        transportation of used fuel accepted by the Secretary under
        this section.
            (2) Systems and components.--
                    (A) In general.--The Secretary shall procure all
                systems and components necessary to transport used fuel
                from facilities designated by contract holders to 1 or
                more storage facilities under this section.
                    (B) Casks.--The Secretary shall--
                            (i) use transportation and storage casks
                        that are approved by the Commission in use at
                        facilities designated by contract holders; and
                            (ii) compensate the owner and operator of
                        each facility for the use of the casks.

Output:
Nuclear Fuel Storage Improvement Act of 2011 - Directs the Secretary of Energy (DOE) to offer to enter into temporary used fuel storage facility agreements in accordance with this Act.

Sets a deadline by which a local governmental unit may, with the approval of the state governor, notify the Secretary that it is willing to have a privately owned and operated temporary used fuel storage facility located within its jurisdiction.

Requires the Secretary to pay $1 million per year to up to three such governmental units.

Makes funding available from the Nuclear Waste Fund for compensation and payments.

Directs the Secretary to offer to enter into a long-term contract for the storage of used fuel from civilian nuclear power plants with a private owner or operator of an independent used fuel storage facility licensed by the Nuclear Regulatory Commission (NRC).

Authorizes the Secretary, upon request of a contract signatory, to enter into an agreement for a settlement of all claims against the Secretary for failure to dispose of high-level radioactive waste or used nuclear fuel by January 31, 1998.

Directs the Secretary to grant priority for the acceptance of fuel produced by a facility that has produced used nuclear fuel, been decommissioned, and shut down permanently.

Requires the Secretary to: (1) provide for the transportation of accepted used fuel, and (2) use NRC-approved transportation and storage casks.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Migratory Bird Treaty Reform Act''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) The Migratory Bird Treaty Act was enacted in 1918 to
        implement the 1916 Convention for the Protection of Migratory
        Birds between the United States and Great Britain (for Canada).
        The Act was later amended to reflect similar agreements with
        Mexico, Japan, and the former Soviet Union.
            (2) Pursuant to the Migratory Bird Treaty Act, the
        Secretary of the Interior is authorized to promulgate
        regulations specifying when, how, and whether migratory birds
        may be hunted.
            (3) Contained within these regulations are prohibitions on
        certain methods of hunting migratory game birds to better
        manage and conserve this resource. These prohibitions, many of
        which were recommended by sportsmen, have been in place for
        over 60 years and have received broad acceptance among the
        hunting community with one principal exception relating to the
        application and interpretation of the prohibitions on the
        hunting of migratory game birds by the aid of baiting, or on or
        over any baited area.
            (4) The prohibitions regarding the hunting of migratory
        game birds by the aid of bait, or on or over bait, have been
        fraught with interpretive difficulties on the part of law
        enforcement, the hunting community, and courts of law. Hunters
        who desire to comply with applicable regulations have been
        subject to citation for violations of the regulations due to
        the lack of clarity, inconsistent interpretations, and
        enforcement. The baiting regulations have been the subject of
        multiple congressional hearings and a law enforcement advisory
        commission.
            (5) Restrictions on the hunting of migratory game birds by
        the aid of baiting, or on or over any baited area, must be
        clarified in a manner that recognizes the national and
        international importance of protecting the migratory bird
        resource while ensuring consistency and appropriate enforcement
        including the principles of ``fair chase''.

SEC. 3. CLARIFYING HUNTING PROHIBITIONS.

    Section 3 of the Migratory Bird Treaty Act (16 U.S.C. 704) is
amended--
            (1) by inserting ``(a)'' after ``Sec. 3.''; and
            (2) by adding at the end the following:
    ``(b)(1) No person shall--
            ``(A) take any migratory game bird by the aid of baiting,
        or on or over any baited area, where the person knows or
        reasonably should have known that the area is a baited area; or
            ``(B) place or direct the placement of bait on or adjacent
        to an area for the purpose of causing, inducing, or allowing
        any person to take or attempt to take any migratory game bird
        by the aid of baiting or on or over the baited area.
    ``(2) Nothing in this subsection prohibits any of the following:
            ``(A) The taking of any migratory game bird, including
        waterfowl, from a blind or other place of concealment
        camouflaged with natural vegetation.
            ``(B) The taking of any migratory game bird, including
        waterfowl, on or over--
                    ``(i) standing crops, flooded standing crops
                (including aquatics), flooded harvested croplands,
                grain crops properly shocked on the field where grown;
                or
                    ``(ii) grains, agricultural seeds, or other feed
                scattered solely as a result of--
                            ``(I) accepted soil stabilization practices
                        or accepted agricultural planting, harvesting,
                        or manipulation after harvest; or
                            ``(II) entering or exiting of areas by
                        hunters or normal hunting activities such as
                        decoy placement or bird retrieval, if
                        reasonable care is used to minimize the
                        scattering of grains, agricultural seeds, or
                        other feed.
            ``(C) The taking of any migratory game bird, except
        waterfowl, on or over any lands where salt, grain, or other
        feed has been distributed or scattered as a result of--
                    ``(i) accepted soil stabilization practices;
                    ``(ii) accepted agricultural operations or
                procedures; or
                    ``(iii) the alteration for wildlife management
                purposes of a crop or other feed on the land where it
                was grown, other than distribution of grain or other
                feed after the grain or other feed is harvested or
                removed from the site where it was grown.
    ``(3) As used in this subsection:
            ``(A)(i) Except as otherwise provided in this Act, the term
        `baiting' means the intentional or unintentional placement of
        salt, grain, or other feed capable of attracting migratory game
        birds, in such a quantity and in such a manner as to serve as
        an attractant to such birds to, on, or over an area where
        hunters are attempting to take them, by--
                    ``(I) placing, exposing, depositing, distributing,
                or scattering salt, grain, or other feed grown off-
                site;
                    ``(II) redistributing grain or other feed after it
                is harvested or removed from the site where grown;
                    ``(III) altering agricultural crops, other than by
                accepted agricultural planting, harvesting, or
                manipulation after harvest, altering millet planted for
                nonagricultural purposes (planted millet), or altering
                other vegetation (as specified in migratory bird
                hunting regulations issued by the Secretary of the
                Interior) planted for nonagricultural purposes; or
                    ``(IV) gathering, collecting, or concentrating
                natural vegetation, planted millet, or other vegetation
                (as specified in migratory bird hunting regulations
                issued by the Secretary of the Interior) planted for
                nonagricultural purposes, following alteration or
                harvest.
            ``(ii) The term `baiting' does not include--
                    ``(I) redistribution, alteration, or concentration
                of grain or other feed caused by flooding, whether
                natural or man induced; or
                    ``(II) alteration of natural vegetation on the site
                where grown, other than alteration described in clause
                (i)(IV).
            ``(iii) With respect only to the taking of waterfowl, the
        term `baiting'--
                    ``(I) does not include, with respect to the first
                special September waterfowl hunting season locally in
                effect or any subsequent waterfowl hunting season, an
                alteration of planted millet or other vegetation (as
                specified in such regulations), other than an
                alteration described in clause (i)(IV), occurring
                before the 10-day period preceding the opening date (as
                published in the Federal Register) of that first
                special season; and
                    ``(II) does not include, with respect to the first
                regular waterfowl hunting season locally in effect or
                any subsequent waterfowl hunting season, such an
                alteration occurring before the 10-day period preceding
                the opening date (as published in the Federal Register)
                of that first regular season.
            ``(B) The term `baited area' means any area that contains
        salt, grain, or other feed referred to in subparagraph (A)(i)
        that was placed in that area by baiting. Such an area shall
        remain a baited area for 10 days following complete removal of
        such salt, grain, or other feed.
            ``(C) The term `accepted agricultural planting, harvesting,
        and manipulation after harvest' means techniques of planting,
        harvesting, and manipulation after harvest that are--
                    ``(i) used by agricultural operators in the area
                for agricultural purposes; and
                    ``(ii) approved by the State fish and wildlife
                agency after consultation with the Cooperative State
                Research, Education, and Extension Service, the Natural
                Resources Conservation Service, and the United States
                Fish and Wildlife Service.
            ``(D) The term `accepted agricultural operations or
        procedures' means techniques that are--
                    ``(i) used by agricultural operators in the area
                for agricultural purposes; and
                    ``(ii) approved by the State fish and wildlife
                agency after consultation with the State Cooperative
                State Research, Education, and Extension Service, the
                State Office of the Natural Resources Conservation
                Service, and the United States Fish and Wildlife
                Service.
            ``(E) The term `accepted soil stabilization practices'
        means techniques that are--
                    ``(i) used in the area solely for soil
                stabilization purposes, including erosion control; and
                    ``(ii) approved by the State fish and wildlife
                agency after consultation with the State Cooperative
                State Research, Education, and Extension Service, the
                State Office of the Natural Resources Conservation
                Service, and the United States Fish and Wildlife
                Service.
            ``(F) With respect only to planted millet or other
        vegetation (as designated in migratory bird hunting regulations
        issued by the Secretary of the Interior) planted for
        nonagricultural purposes, the term `planted'--
                    ``(i) subject to clause (ii), means sown with seeds
                that have been harvested; and
                    ``(ii) does not include alteration of mature stands
                of planted millet or of such other vegetation planted
                for nonagricultural purposes.
            ``(G) The term `migratory game bird' means any migratory
        bird included in the term `migratory game birds' under part
        20.11 of title 50, Code of Federal Regulations, as in effect
        October 3, 1997.''.

SEC. 4. PENALTIES.

    Section 6(c) of the Migratory Bird Treaty Act (16 U.S.C. 707(c)) is
amended as follows:
            (1) By striking ``All guns,'' and inserting ``(1) Except as
        provided in paragraph (2), all guns''.
            (2) By adding the following at the end:
    ``(2) In lieu of seizing any personal property not crucial to the
prosecution of the alleged offense, the Secretary of the Interior shall
permit the owner or operator of the personal property to post bond or
other collateral pending the disposition of any proceeding under this
Act.''.

Output:
Migratory Bird Treaty Reform Act - Amends the Migratory Bird Treaty Act to prohibit persons from:  (1) taking migratory birds by the aid of baiting, or on or over any baited area, where they know or should have known that the area is a baited area; or (2) placing or directing the placement of bait on or adjacent to an area for purposes of causing, inducing, or allowing any person to take or attempt to take any migratory bird by the aid of baiting on or over the baited area.
Defines "baiting" as the placement of salt, grain, or other feed capable of attracting migratory birds in such a quantity and in such a manner as to serve as an attractant to such birds to or over an area where hunters are attempting to take them by:  (1) placing or distributing salt, grain, or other feed grown off-site; (2) redistributing grain or other feed after it is harvested or removed from the site where grown; (3) altering agricultural crops (other than by accepted agricultural planting, harvesting, or manipulation after harvest), altering millet planted for nonagricultural purposes, or altering other nonagricultural vegetation; or (4) gathering, collecting, or concentrating natural vegetation, planted millet, or other vegetation planted for nonagricultural purposes following alteration or harvest.
Excludes from such definition:  (1) redistribution, alteration, or concentration of grain or other feed caused by flooding, whether natural or man induced; or (2) alteration of natural vegetation on the site where grown other than alterations described above.
Makes other exclusions from such definition with respect to certain alterations of planted millet or other vegetation during the waterfowl hunting season.
Amends penalty provisions to require the Secretary of the Interior, in lieu of seizing any personal property not crucial to the prosecution of the alleged offense, to permit the owner or operator of such property to post bond or other collateral pending the disposition of any proceeding.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Non-Foreign Area Retirement Equity
Assurance Act of 2008'' or the ``Non-Foreign AREA Act of 2008''.

SEC. 2. EXTENSION OF LOCALITY PAY.

    (a) Locality-Based Comparability Payments.--Section 5304(f)(1) of
title 5, United States Code, is amended by striking subparagraph (A)
and inserting the following:
                    ``(A) each General Schedule position in the United
                States, as defined under section 5921(4), and its
                territories and possessions, including the Commonwealth
                of Puerto Rico and the Commonwealth of the Northern
                Mariana Islands shall be included within a pay
                locality; and''.
    (b) Allowances Based on Living Costs and Conditions of
Environment.--Section 5941 of title 5, United States Code, is amended--
            (1) in subsection (a), by adding after the last sentence
        ``Notwithstanding any preceding provision of this subsection,
        the cost-of-living allowance rate based on paragraph (1) of
        this subsection shall be the cost-of-living allowance rate in
        effect on December 31, 2008, except as adjusted under
        subsection (c).'';
            (2) by redesignating subsection (b) as subsection (d); and
            (3) by inserting after subsection (a) the following:
    ``(b) This section shall apply only to areas that are designated as
cost-of-living allowance areas as in effect on December 31, 2008.
    ``(c)(1) The cost-of-living allowance rate payable under this
section shall be adjusted on the first day of the first applicable pay
period beginning on or after--
            ``(A) January 1, 2009; and
            ``(B) on January 1 of each calendar year in which a
        locality-based comparability adjustment takes effect under
        section 4 (2) and (3) of the Non-Foreign Area Retirement Equity
        Assurance Act of 2008.
    ``(2)(A) In this paragraph, the term `applicable locality-based
comparability pay percentage' means, with respect to calendar year 2009
and each calendar year thereafter, the applicable percentage under
section 4 (1), (2), or (3) of Non-Foreign Area Retirement Equity
Assurance Act of 2008.
    ``(B) Each adjusted cost-of-living allowance rate under paragraph
(1) shall be computed by--
            ``(i) subtracting 65 percent of the applicable locality-
        based comparability pay percentage from the cost-of-living
        allowance percentage rate in effect on December 31, 2008; and
            ``(ii) dividing the resulting percentage determined under
        clause (i) by the sum of--
                    ``(I) one; and
                    ``(II) the applicable locality-based comparability
                payment percentage expressed as a numeral.
    ``(3) No allowance rate computed under paragraph (2) may be less
than zero.
    ``(4) Each allowance rate computed under paragraph (2) shall be
paid as a percentage of basic pay (including any applicable locality-
based comparability payment under section 5304 or similar provision of
law and any applicable special rate of pay under section 5305 or
similar provision of law).''.

SEC. 3. ADJUSTMENT OF SPECIAL RATES.

    (a) In General.--Each special rate of pay established under section
5305 of title 5, United States Code, and payable in an area designated
as a cost-of-living allowance area under section 5941(a) of that title,
shall be adjusted, on the dates prescribed by section 4 of this Act, in
accordance with regulations prescribed by the Director of the Office of
Personnel Management under section 9 of this Act.
    (b) Department of Veterans Affairs.--Each special rate of pay
established under section 7455 of title 38, United States Code, and
payable in a location designated as a cost-of-living allowance area
under section 5941(a)(1) of title 5, United States Code, shall be
adjusted in accordance with regulations prescribed by the Secretary of
Veterans Affairs that are consistent with the regulations issued by the
Director of the Office of Personnel Management under subsection (a).
    (c) Temporary Adjustment.--Regulations issued under subsection (a)
or (b) may provide that statutory limitations on the amount of such
special rates may be temporarily raised to a higher level during the
transition period described in section 4 ending on the first day of the
first pay period beginning on or after January 1, 2011, at which time
any special rate of pay in excess of the applicable limitation shall be
converted to a retained rate under section 5363 of title 5, United
States Code.

SEC. 4. TRANSITION SCHEDULE FOR LOCALITY-BASED COMPARABILITY PAYMENTS.

    Notwithstanding any other provision of this Act or section 5304 or
5304a of title 5, United States Code, in implementing the amendments
made by this Act, for each non-foreign area determined under section
5941(b) of that title, the applicable rate for the locality-based
comparability adjustment that is used in the computation required under
section 5941(c) of that title shall be adjusted effective on the first
day of the first pay period beginning on or after January 1--
            (1) in calendar year 2009, by using \1/3\ of the locality
        pay percentage for the rest of United States locality pay area;
            (2) in calendar year 2010, by using \2/3\ of the otherwise
        applicable comparability payment approved by the President for
        each non-foreign area; and
            (3) in calendar year 2011 and each subsequent year, by
        using the full amount of the applicable comparability payment
        approved by the President for each non-foreign area.

SEC. 5. SAVINGS PROVISION.

    (a) In General.--The application of this Act to any employee may
not result in the amount of the decrease in the amount of pay
attributable to special rate pay and the cost-of-living allowance as in
effect on the date of enactment of this Act exceeding the amount of the
increase in the locality-based comparability payments paid to that
employee.
    (b) Sense of Congress.--It is the sense of Congress that the
application of this Act to any employee should not result in a decrease
in the take home pay of that employee.

SEC. 6. APPLICATION TO OTHER ELIGIBLE EMPLOYEES.

    (a) In General.--
            (1) Definition.--In this subsection, the term ``covered
        employee'' means--
                    (A) any employee who--
                            (i) on--
                                    (I) the day before the date of
                                enactment of this Act--
                                            (aa) was eligible to be
                                        paid a cost-of-living allowance
                                        under 5941 of title 5, United
                                        States Code; and
                                            (bb) was not eligible to be
                                        paid locality-based
                                        comparability payments under
                                        5304 or 5304a of that title; or
                                    (II) or after the date of enactment
                                of this Act becomes eligible to be paid
                                a cost-of-living allowance under 5941
                                of title 5, United States Code; and
                            (ii) except as provided under paragraph
                        (2), is not covered under--
                                    (I) section 5941 of title 5, United
                                States Code (as amended by section 2 of
                                this Act); and
                                    (II) section 4 of this Act; or
                    (B) any employee who--
                            (i) on the day before the date of enactment
                        of this Act--
                                    (I) was eligible to be paid an
                                allowance under section 1603(b) of
                                title 10, United States Code;
                                    (II) was eligible to be paid an
                                allowance under section 1005(b) of
                                title 39, United States Code; or
                                    (III) was employed by the
                                Transportation Security Administration
                                of the Department of Homeland Security
                                and was eligible to be paid an
                                allowance based on section 5941 of
                                title 5, United States Code; or
                            (ii) on or after the date of enactment of
                        this Act--
                                    (I) becomes eligible to be paid an
                                allowance under section 1603(b) of
                                title 10, United States Code;
                                    (II) becomes eligible to be paid an
                                allowance under section 1005(b) of
                                title 39, United States Code; or
                                    (III) is employed by the
                                Transportation Security Administration
                                of the Department of Homeland Security
                                and becomes eligible to be paid an
                                allowance based on section 5941 of
                                title 5, United States Code.
            (2) Application to covered employees.--
                    (A) In general.--Notwithstanding any provision of
                title 5, United States Code, for purposes of this Act
                (including the amendments made by this Act) any covered
                employee shall be treated as an employee to whom
                section 5941 of title 5, United States Code (as amended
                by section 2 of this Act), and section 4 of this Act
                apply.
                    (B) Pay fixed by statute.--Pay to covered employees
                under section 5304 or 5304a of title 5, United States
                Code, as a result of the application of this Act shall
                be considered to be fixed by statute.
                    (C) Performance appraisal system.--With respect to
                a covered employee who is subject to a performance
                appraisal system no part of pay attributable to
                locality-based comparability payments as a result of
                the application of this Act including section 5941 of
                title 5, United States Code (as amended by section 2 of
                this Act), may be reduced on the basis of the
                performance of that employee.
    (b) Postal Service Employees in Nonforeign Areas.--Section 1005(b)
of title 39, United States Code, is amended by inserting ``and the Non-
Foreign Area Retirement Equity Assurance Act of 2008'' after ``Section
5941 of title 5''.

SEC. 7. ELECTION OF ADDITIONAL BASIC PAY FOR ANNUITY COMPUTATION BY
              EMPLOYEES.

    (a) Definition.--In this section the term ``covered employee''
means any employee--
            (1) to whom section 4 applies;
            (2) who is separated from service by reason of retirement
        under chapter 83 or 84 of title 5, United States Code, during
        the period of January 1, 2009, through December 31, 2011; and
            (3) who files and election with the Office of Personnel
        Management under subsection (b).
    (b) Election.--
            (1) In general.--An employee described under subsection (a)
        (1) and (2) may file an election with the Office of Personnel
        Management to be covered under this section.
            (2) Deadline.--An election under this subsection may be
        filed not later than December 31, 2011.
    (c) Computation of Annuity.--For purposes of the computation of an
annuity of a covered employee any cost-of-living allowance under
section 5941 of title 5, United States Code, paid to that employee
during the first applicable pay period beginning on or after January 1,
2009 through the first applicable pay period ending on or after
December 31, 2011, shall be considered basic pay as defined under
section 8331(3) or 8401(4) of that title.
    (d) Civil Service Retirement and Disability Retirement Fund.--
            (1) Employee contributions.--A covered employee shall pay
        into the Civil Service Retirement and Disability Retirement
        Fund--
                    (A) an amount equal to the difference between--
                            (i) employee contributions that would have
                        been deducted and withheld from pay under
                        section 8334 or 8422 of title 5, United States
                        Code, during the period described under
                        subsection (c) of this section if that
                        subsection had been in effect during that
                        period; and
                            (ii) employee contributions that were
                        actually deducted and withheld from pay under
                        section 8334 or 8422 of title 5, United States
                        Code, during that period; and
                    (B) interest as prescribed under section 8334(e) of
                title 5, United States Code, based on the amount
                determined under subparagraph (A).
            (2) Agency contributions.--
                    (A) In general.--The employing agency of a covered
                employee shall pay into the Civil Service Retirement
                and Disability Retirement Fund an amount for applicable
                agency contributions based on payments made under
                paragraph (1).
                    (B) Source.--Amounts paid under this paragraph
                shall be contributed from the appropriation or fund
                used to pay the employee.
            (3) Regulations.--The Office of Personnel Management may
        prescribe regulations to carry out this section.

SEC. 8. ELECTION OF COVERAGE BY EMPLOYEES.

    (a) In General.--Notwithstanding any other provision of this Act,
an employee may make an irrevocable election in accordance with this
section, if--
            (1) that employee is paid an allowance under section 5491
        of title 5, United States Code, during a pay period in which
        the date of the enactment of this Act occurs; or
            (2) that employee--
                    (A) is a covered employee as defined under section
                6(a)(1); and
                    (B) during a pay period in which the date of the
                enactment of this Act occurs is paid an allowance--
                            (i) under section 1603(b) of title 10,
                        United States Code;
                            (ii) under section 1005(b) of title 39,
                        United States Code; or
                            (iii) based on section 5941 of title 5,
                        United States Code.
    (b) Filing Election.--Not later than 60 days after the date of
enactment of this Act, an employee described under subsection (a) may
file an election with the Office of Personnel Management to be treated
for all purposes--
            (1) in accordance with the provisions of this Act
        (including the amendments made by this Act); or
            (2) as if the provisions of this Act (including the
        amendments made by this Act) had not been enacted, except that
        the cost-of-living allowance rate paid to that employee shall
        be the cost-of-living allowance rate in effect on December 31,
        2008, for that employee without any adjustment after that date.
    (c) Failure To File.--Failure to make a timely election under this
section shall be treated in the same manner as an election made under
subsection (b)(1) on the last day authorized under that subsection.
    (d) Notice.--To the greatest extent practicable, the Office of
Personnel Management shall provide timely notice of the election which
may be filed under this section to employees described under subsection
(a).

SEC. 9. REGULATIONS.

    (a) In General.--The Director of the Office of Personnel Management
shall prescribe regulations to carry out this Act, including--
            (1) rules for special rate employees described under
        section 3;
            (2) rules for adjusting rates of basic pay for employees in
        pay systems administered by the Office of Personnel Management
        when such employees are not entitled to locality-based
        comparability payments under section 5304 of title 5, United
        States Code, without regard to otherwise applicable statutory
        pay limitations during the transition period described in
        section 4 ending on the first day of the first pay period
        beginning on or after January 1, 2011; and
            (3) rules governing establishment and adjustment of saved
        or retained rates for any employee whose rate of pay exceeds
        applicable pay limitations on the first day of the first pay
        period beginning on or after January 1, 2011.
    (b) Other Pay Systems.--With the concurrence of the Director of the
Office of Personnel Management, the administrator of a pay system not
administered by the Office of Personnel Management shall prescribe
regulations to carry out this Act with respect to employees in such pay
system, consistent with the regulations issued by the Office under
subsection (a).

SEC. 10. EFFECTIVE DATES.

    (a) In General.--Except as provided by subsection (b), this Act
(including the amendments made by this Act) shall take effect on the
date of enactment of this Act.
    (b) Locality Pay and Schedule.--The amendments made by section 2
and the provisions of section 4 shall take effect on the first day of
the first applicable pay period beginning on or after January 1, 2009.

Output:
Non-Foreign Area Retirement Equity Assurance Act of 2008 or the Non-Foreign AREA Act of 2008 - Revises federal employee locality-based comparability payments provisions to include U.S. territories and possessions, including the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands, within a pay locality. Revises the calculation of allowances based on living costs and conditions of environment for pay of employees stationed outside the continental United States or in Alaska to apply it only to areas designated as of December 31, 2008. Provides a formula for adjustment of such rate using a transition schedule for calendar years 2009-2011.

 Requires adjustment of special rates of pay in such areas in accordance with regulations prescribed by the Director of the Office of Personnel Management (OPM) or by the Department of Veterans Affairs (VA) for VA personnel. Allows a temporarily raised limitation on the amount of special rates during the transition period.

Expresses the sense of Congress that application of this Act to an employee should not result in a decrease in take home pay.

Defines as covered employees for purposes of this Act those who are or will be eligible for a cost-of-living allowance (COLA).

Allows an employee subject to this Act's transition schedule and who retires from service during the period from January 1, 2009, through December 31, 2011, to elect to have the COLA paid during that period considered as basic pay for purposes of annuity computation.

Provides procedures for employees to make an irrevocable election to be covered by this Act.