Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Equity for Reservists Pay Act of
2003''.

SEC. 2. NONREDUCTION IN PAY WHILE FEDERAL EMPLOYEE IS SERVING ON ACTIVE
              DUTY IN A RESERVE COMPONENT OF THE UNIFORMED SERVICES.

    (a) In General.--Subchapter IV of chapter 55 of title 5, United
States Code, is amended by adding at the end the following new section:
``Sec. 5538. Nonreduction in pay while serving on active duty in a
              reserve component
    ``(a) An employee who is also a member of a reserve component and
is absent from a position of employment with the Federal Government
under a call or order to serve on active duty for a period of more than
30 days shall be entitled to receive, for each pay period described in
subsection (b), an amount equal to the difference (if any) between--
            ``(1) the amount of civilian basic pay that would otherwise
        have been payable to the employee for such pay period if the
        employee's civilian employment with the Government had not been
        interrupted by the service on active duty; and
            ``(2) the amount of military compensation that is payable
        to the employee for the service on active duty and is allocable
        to such pay period.
    ``(b)(1) Amounts under this section shall be payable with respect
to each pay period (which would otherwise apply if the employee's
civilian employment had not been interrupted) that occurs--
            ``(A) while the employee serves on active duty for a period
        of more than 30 days;
            ``(B) while the employee is hospitalized for, or
        convalescing from, an illness or injury incurred in, or
        aggravated during, the performance of such active duty; or
            ``(C) during the 14-day period beginning at the end of such
        active duty or the end of the period referred to in
        subparagraph (B).
    ``(2) Paragraph (1) shall not apply with respect to a pay period
for which the employee receives civilian basic pay (including by taking
any annual, military, or other paid leave) to which the employee is
entitled by virtue of the employee's civilian employment with the
Government.
    ``(c) Any amount payable under this section to an employee shall be
paid--
            ``(1) by employing agency of the employee;
            ``(2) from the appropriations or fund that would be used to
        pay the employee if the employee were in a pay status; and
            ``(3) to the extent practicable, at the same time and in
        the same manner as would civilian basic pay if the employee's
        civilian employment had not been interrupted.
    ``(d) In consultation with Secretary of Defense, the Office of
Personnel Management shall prescribe such regulations as may be
necessary to carry out this section.
    ``(e)(1) In consultation with the Office, the head of each agency
referred to in section 2302(a)(2)(C)(ii) of this title shall prescribe
procedures to ensure that the rights under this section apply to the
employees of such agency.
    ``(2) The Administrator of the Federal Aviation Administration
shall, in consultation with the Office, prescribe procedures to ensure
that the rights under this section apply to the employees of that
agency.
    ``(f) In this section:
            ``(1) The terms `active duty for a period of more than 30
        days', `member', and `reserve component' have the meanings
        given such terms in section 101 of title 37.
            ``(2) The term `civilian basic pay' includes any amount
        payable under section 5304 of this title.
            ``(3) The term `employing agency', as used with respect to
        an employee entitled to any payments under this section, means
        the agency or other entity of the Government (including an
        agency referred to in section 2302(a)(2)(C)(ii) of this title)
        with respect to which the employee has reemployment rights
        under chapter 43 of title 38.
            ``(4) The term `military compensation' has the meaning
        given the term `pay' in section 101(21) of title 37.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
chapter 55 of title 5, United States Code, is amended by inserting
after the item relating to section 5537 the following new item:

``5538. Nonreduction in pay while serving on active duty in a reserve
                            component.''.
    (c) Application of Amendment.--Section 5538 of title 5, United
States Code, as added by subsection (a), shall apply with respect to
pay periods (as described in subsection (b) of such section) beginning
on or after the date of the enactment of this Act.

SEC. 3. ASSISTANCE FOR STATE AND LOCAL GOVERNMENTS THAT CONTINUE TO PAY
              EMPLOYEES WHO SERVE ON ACTIVE DUTY IN A RESERVE COMPONENT
              OF THE UNIFORMED SERVICES.

    (a) In General.--Chapter 17 of title 37, United States Code, is
amended by adding at the end the following new section:
``Sec. 910. Assistance for State and local governments that continue to
              pay employees who serve on active duty
    ``(a) Continuation of Civilian Basic Pay.--It is the purpose of
this section to encourage States and local governments to continue to
pay a portion of the civilian compensation of those employees who are
also members of a reserve component and are absent from a position of
employment with the State or local government under a call or order to
serve on active duty for a period of more than 30 days so that the
employees receive compensation in an amount that, when taken together
with their military pay, is at least equal to their civilian
compensation.
    ``(b) Reimbursement Offered.--(1) At the request of a State or
local government that continues to pay all or a portion of the civilian
compensation of an employee described in subsection (a), the Secretary
concerned shall reimburse the State or local government for 50 percent
of the civilian compensation paid by the State or local government for
each pay period described in subsection (c), but not to exceed 50
percent of the difference (if any) between--
            ``(A) the amount of civilian compensation that would
        otherwise have been payable to the employee for such pay period
        if the employee's civilian employment with the State or local
        government had not been interrupted by the service on active
        duty; and
            ``(B) the amount of military pay that is payable to the
        employee for the service on active duty and is allocable to
        such pay period.
    ``(2) If the pay periods described in subsection (c) extend more
than nine consecutive months after the first day of the first month
during which the employee began to serve on active duty for a period of
more than 30 days, the reimbursement rate shall become 100 percent for
the subsequent payments. However, as is the case under paragraph (1),
reimbursement shall be provided only for the difference (if any)
between--
            ``(A) the amount of civilian compensation that would
        otherwise have been payable to the employee for such pay period
        if the employee's civilian employment with the State or local
        government had not been interrupted by the service on active
        duty; and
            ``(B) the amount of military pay that is payable to the
        employee for the service on active duty and is allocable to
        such pay period.
    ``(c) Pay Periods.--Reimbursement shall be provided under this
section with respect to each pay period (which would otherwise apply if
the employee's civilian employment had not been interrupted) that
occurs--
            ``(1) while the employee serves on active duty for a period
        of more than 30 days;
            ``(2) while the employee is hospitalized for, or
        convalescing from, an illness or injury incurred in, or
        aggravated during, the performance of such active duty; or
            ``(3) during the 14-day period beginning at the end of such
        active duty or the end of the period referred to in
        subparagraph (B).
    ``(d) Effect of Failure to Return to Employment.--(1) If an
employee described in subsection (a), with respect to whom
reimbursement is provided to a State or local government under this
section, fails to report or apply for employment or reemployment with
the State or local government by the end of the period referred to in
subsection (c)(3), the employee shall refund to the Secretary concerned
the total amount of the reimbursement provided with respect to the
employee.
    ``(2) Subject to paragraph (3), an obligation to refund moneys to
the United States imposed under paragraph (1) is for all purposes a
debt owed to the United States.
    ``(3) The Secretary concerned may waive, in whole or in part, a
refund required under paragraph (1) if the Secretary concerned
determines that recovery would be against equity and good conscience or
would be contrary to the best interests of the United States.
    ``(4) A discharge in bankruptcy under title 11 that is entered less
than five years after the end of the period referred to in subsection
(c)(3) does not discharge the employee from a debt arising under
paragraph (1). This paragraph applies to any case commenced under title
11 after the date of the enactment of this section.
    ``(e) Regulations.--The Secretaries concerned shall prescribe
regulations to carry out this section.
    ``(f) Definitions.--In this section:
            ``(1) The term `civilian compensation' means the wages or
        salary that an employee of a State or local government normally
        receives from the employee's employment by the State or local
        government.
            ``(2) The term `local government' means an agency or
        political subdivision of a State.
            ``(3) The term `military pay' has the meaning given the
        term `pay' in section 101(21) of this title.
            ``(4) The term `State' means each of the several States of
        the United States, the District of Columbia, the Commonwealth
        of Puerto Rico, Guam, the Virgin Islands, and other territories
        or possessions of the United States.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
chapter 17 of title 37, United States Code, is amended by inserting
after the item relating to section 909 the following new item:

``910. Assistance for State and local governments that continue to pay
                            employees who serve on active duty.''.
    (c) Application of Amendment.--Section 910 of title 37, United
States Code, as added by subsection (a), shall apply with respect to
pay periods (as described in subsection (b) of such section) beginning
on or after the date of the enactment of this Act.

SEC. 4. ACTIVE-DUTY RESERVE COMPONENT EMPLOYEE CREDIT ADDED TO GENERAL
              BUSINESS CREDIT.

    (a) Addition of Credit.--Subpart D of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 (relating to business-
related credits) is amended by adding at the end the following new
section:

``SEC. 45G. ACTIVE-DUTY RESERVE COMPONENT EMPLOYEE CREDIT.

    ``(a) General Rule.--For purposes of section 38, in the case of an
employer, the active-duty reserve component employee credit determined
under this section for the taxable year is an amount equal to 50
percent of the compensation paid by the employer to an employee who is
also a member of a reserve component during the taxable year when the
employee was absent from employment for a reason described in
subsection (b), but not to exceed 50 percent of the difference (if any)
between--
            ``(1) the amount of compensation that would otherwise have
        been payable to the employee during such absence if the
        employee's employment with the employer had not been
        interrupted by the employee's absence; and
            ``(2) the amount of military pay that is payable to the
        employee during the absence.
    ``(b) Covered Pay Periods.--Subsection (a) shall apply with respect
to an employee who is also a member of a reserve component--
            ``(1) while the employee serves on active duty for a period
        of more than 30 days;
            ``(2) while the employee is hospitalized for, or
        convalescing from, an illness or injury incurred in, or
        aggravated during, the performance of such active duty; or
            ``(3) during the 14-day period beginning at the end of such
        active duty or the end of the period referred to in
        subparagraph (B).
    ``(c) Limitation.--No credit shall be allowed under subsection (a)
with respect to an employee on any day on which the employee was not
scheduled to work (for a reason other than such service on active duty)
and ordinarily would not have worked.
    ``(d) Definitions.--For purposes of this section--
            ``(1) The terms `active duty for a period of more than 30
        days', `member', and `reserve component' have the meanings
        given such terms in section 101 of title 37, United States
        Code.
            ``(2) The term `compensation' means any remuneration for
        employment, whether in cash or in kind, which is paid or
        incurred by a taxpayer and which is deductible from the
        taxpayer's gross income under section 162(a)(1).''.
    (b) Credit To Be Part of General Business Credit.--Subsection (b)
of section 38 of such Code (relating to general business credit) is
amended by striking ``plus'' at the end of paragraph (14), by striking
the period at the end of paragraph (15) and inserting ``, plus'', and
by adding at the end the following new paragraph:
            ``(16) the active-duty reserve component employee credit
        determined under section 45G(a).''.
    (c) Conforming Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 45F the
following new item:

                              ``Sec. 45G. Active-duty reserve component
                                        employee credit.''.
    (d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001.

Output: Equity for Reservists Pay Act of 2003 - Entitles a Federal employee who is also a member of the reserves and who is absent from his or her civilian employment position under a call or order for active duty service of more than 30 days, to receive an amount equal to the difference in pay between the military compensation received and the civilian compensation that otherwise would have been received during such period. Makes such amounts also payable during: (1) any period of hospitalization or convalescence required as a result of such service; and (2) the 14-day period following such service.Directs the Secretary of the military department concerned to reimburse a State or local government for 50 percent of the civilian compensation paid by such government for pay periods when a State or local government employee is performing active duty service of more than 30 days. Increases such rate to 100 percent if the employee's active duty service period extends beyond nine months. Requires such reimbursement during periods of hospitalization or convalescence and for 14 days after service.Amends the Internal Revenue Code to provide that, for purposes of the general business credit, the Active-Duty Reserve Component employee credit is 50 percent of the compensation paid by the employer to the employee during the period of active duty.


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SECTION 1. TAX TREATMENT OF ALASKA NATIVE SETTLEMENT TRUSTS.

    (a) Tax Exemption.--Section 501(c) of the Internal Revenue Code of
1986 is amended by adding at the end the following new paragraph:
            ``(28) A trust which--
                    ``(A) constitutes a Settlement Trust under section
                39 of the Alaska Native Claims Settlement Act (43
                U.S.C. 1629e), and
                    ``(B) with respect to which an election under
                subsection (p)(2) is in effect.''
    (b) Special Rules Relating to Taxation of Settlement Trust.--
Section 501 of such Code is amended by redesignating subsection (p) as
subsection (q) and by inserting after subsection (o) the following new
subsection:
    ``(p) Special Rules for Alaska Settlement Trusts.--
            ``(1) In general.--For purposes of this title, the
        following rules shall apply in the case of a Settlement Trust:
                    ``(A) Conveyance to trust.--No amount shall be
                includible in the gross income of a beneficiary of the
                Settlement Trust by reason of a contribution to the
                Settlement Trust (without regard to whether an election
                is in effect under paragraph (2)).
                    ``(B) Electing trust.--If an election is in effect
                under paragraph (2) for any taxable year, then except
                as provided in this subsection, the provisions of
                subchapter J and section 1(e) shall not apply to the
                Settlement Trust and its beneficiaries.
                    ``(C) Nonelecting trust.--If an election is not in
                effect under paragraph (2) for any taxable year, the
                provisions of subchapter J and section 1(e) shall apply
                to the Settlement Trust and its beneficiaries.
            ``(2) Election.--
                    ``(A) In general.--A Settlement Trust may elect to
                have the provisions of this subsection and subsection
                (c)(28) apply to the trust and its beneficiaries.
                    ``(B) Time and method of election.--An election
                under subparagraph (A) shall be made--
                            ``(i) before the due date (including
                        extensions) for filing the Settlement Trust's
                        return of tax for the 1st taxable year to which
                        such election is to apply, and
                            ``(ii) by attaching to such return of tax a
                        statement specifically providing for such
                        election.
                    ``(C) Period election in effect.--Except as
                provided in subparagraph (D), an election under
                subparagraph (A), once made, shall be irrevocable.
                    ``(D) Election revoked for failure to meet transfer
                restriction.--
                            ``(i) In general.--An election under
                        subparagraph (A) is revoked if, at any time
                        after the 1st day of the 1st taxable year to
                        which such election applies, the trust permits
                        any disposition of a beneficial interest in the
                        trust which would not be permitted under
                        section 7(h) of the Alaska Native Claims
                        Settlement Act (43 U.S.C. 1606(h)) if such
                        beneficial interest were Settlement Common
                        Stock.
                            ``(ii) Time election revoked.--The
                        revocation under clause (i) shall take effect
                        on the 1st day of the taxable year in which the
                        failure occurs.
                            ``(iii) No further election.--If an
                        election is revoked under clause (i), the
                        Settlement Trust (or any successor) may not
                        make any election under this paragraph for the
                        taxable year of revocation or any subsequent
                        taxable year.
            ``(3) Distribution requirement on electing settlement
        trust.--
                    ``(A) In general.--If an election is in effect
                under paragraph (2) for any taxable year, a Settlement
                Trust shall distribute at least 55 percent of its
                adjusted taxable income for such taxable year.
                    ``(B) Tax imposed if insufficient distribution.--If
                a Settlement Trust fails to meet the distribution
                requirement of subparagraph (A) for any taxable year,
                then, notwithstanding subsection (c)(28), a tax shall
                be imposed on the trust under section 1(e) on an amount
                of taxable income equal to the amount of such failure.
                    ``(C) Designation of distribution.--Solely for
                purposes of meeting the requirements of this paragraph,
                a Settlement Trust may elect to treat any distribution
                (or portion) during the 12-month period following the
                close of any taxable year as made on the last day of
                such taxable year. Any such distribution (or portion)
                may not be taken into account under this paragraph for
                any other taxable year.
                    ``(D) Adjusted taxable income.--For purposes of
                this paragraph, the term `adjusted taxable income'
                means taxable income determined under section 641(b)
                without regard to any deduction under section 651 or
                661.
            ``(4) Tax treatment of distributions to beneficiaries.--
                    ``(A) Electing trust.--If an election is in effect
                under paragraph (2) for any taxable year, any
                distribution to a beneficiary shall be included in
                gross income of the beneficiary as ordinary income.
                    ``(B) Other trusts.--Any distribution to a
                beneficiary from a Settlement Trust not described in
                subparagraph (A) shall--
                            ``(i) be included in gross income of the
                        beneficiary as ordinary income to the extent
                        allocable to the earnings and profits account
                        under subparagraph (C), and
                            ``(ii) be includible in income as provided
                        under subchapter J to the extent not so
                        allocable.
                    ``(C) Earnings and profits account.--
                            ``(i) In general.--Each Settlement Trust
                        shall establish an earnings and profits account
                        for purposes of accounting for earnings and
                        profits transferred from an Alaska Native
                        Corporation by reason of a contribution to the
                        trust.
                            ``(ii) Increases.--The account shall be
                        increased each time a contribution is made by
                        an Alaska Native Corporation to the Settlement
                        Trust. Such increase shall be equal to the
                        lesser of--
                                    ``(I) the amount of the
                                contribution, or
                                    ``(II) the earnings and profits of
                                the Alaska Native Corporation,
                                determined as of the close of the
                                taxable year in which the contribution
                                was made and without regard to the
                                contribution.
                        For purposes of this clause, all contributions
                        during a taxable year shall be treated as 1
                        contribution.
                            ``(iii) Decreases.--The account shall be
                        decreased by any distribution by the Settlement
                        Fund to its beneficiaries.
                            ``(iv) Taxation.--For purposes of
                        subparagraph (B), until such time as
the balance in the account is zero, all distributions to beneficiaries
during a taxable year shall be treated as allocable to the account for
purposes of subparagraph (B)(i). Thereafter, all such distributions
shall be taxable as provided in subparagraph (B)(ii) until such time as
there is an increase in the balance of the account.
                    ``(D) Reduction in earnings and profits.--The
                earnings and profits of an Alaska Native Corporation
                shall be reduced by the amount of the earnings and
                profits transferred to the account under subparagraph
                (C).
            ``(5) Voluntary withholding.--
                    ``(A) In general.--Notwithstanding any other
                provision of law, a beneficiary of a Settlement Trust
                (whether or not an election under paragraph (2) is in
                effect) may elect to have Federal income tax withheld
                on distributions from the Settlement Trust to the
                beneficiary.
                    ``(B) Election.--An election under subparagraph (A)
                shall--
                            ``(i) be made to the Settlement Trust in
                        writing, and
                            ``(ii) specify the percentage (not greater
                        than 15 percent) of the distributions to be
                        withheld.
                Such election may be revoked or modified with respect
                to distributions made after the revocation or
                modification.
            ``(6) Settlement trust.--For purposes of this section, the
        term `Settlement Trust' means a trust which constitutes a
        Settlement Trust under section 39 of the Alaska Native Claims
        Settlement Act (43 U.S.C. 1629e).''
    (c) Reporting.--Section 6041 of such Code is amended by adding at
the end the following new subsection:
    ``(f) Application to Alaska Settlement Trusts.--In the case of any
distribution from a Settlement Trust (as defined in section 501(p)(6))
to a beneficiary, this section shall apply, except that--
            ``(1) this section shall apply to such distribution without
        regard to the amount thereof,
            ``(2) the Settlement Trust shall include on any return or
        statement required by this section information as to the
        character of such distribution (if applicable) and the amount
        of tax imposed by chapter 1 deducted and withheld from such
        distribution, and
            ``(3) the filing of any return or statement required by
        this section shall satisfy any requirement to file any other
        form or schedule under this title with respect to distributive
        share information (including any form or schedule included with
        the trust's tax return).''
    (d) Effective Dates.--
            (1) In general.--The amendments made by this section shall
        apply to taxable years of Settlement Trusts beginning after
        December 31, 1996, and to contributions to such trusts after
        such date.
            (2) Requirement for election.--An election under section
        501(p)(2) of the Internal Revenue Code of 1986 for a taxable
        year beginning in 1997 shall not be treated as failing to meet
        the requirements of section 501(p)(2)(B) of such Code if such
        election is filed with the return of tax for the first taxable
        year after such taxable year.

Output: Amends the Internal Revenue Code to provide tax exempt status for a trust which is an electing Settlement Trust under the Alaska Native Claims Settlement Act.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Opportunity-to-Learn Standards
Implementation Act''.

SEC. 2. GOALS 2000: EDUCATE AMERICA ACT.

    (a) References.--Except as otherwise expressly provided, whenever
in this section an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a title, chapter, part, subpart, section,
subsection, or other provision, the reference shall be considered to be
made to a title, chapter, part, subpart, section, subsection, or other
provision of the Goals 2000: Educate America Act (20 U.S.C. 5801 et
seq.).
    (b) Opportunity-To-Learn Development Grant.--The Act is amended--
            (1) by redesignating parts B and C as parts C and D,
        respectively; and
            (2) by inserting after part A the following:

            ``PART B--OPPORTUNITY-TO-LEARN DEVELOPMENT GRANT

``SEC. 211. OPPORTUNITY-TO-LEARN DEVELOPMENT GRANT.

    ``(a) Opportunity-To-Learn Development Grants.--
            ``(1) In general.--The Secretary is authorized to award
        more than one grant, on a competitive basis, to consortia of
        individuals and organizations to develop voluntary national
        opportunity-to-learn standards, and to develop a listing of
        model programs for use, on a voluntary basis, by States, which
        standards and listing may be used to--
                    ``(A) provide all students with an opportunity to
                learn;
                    ``(B) assess the capacity and performance of
                individual schools; and
                    ``(C) develop appropriate actions to be taken in
                the event that the schools fail to achieve such
                standards.
            ``(2) Composition of consortia.--To the extent possible,
        each consortium shall include the participation of--
                    ``(A) State-level policymakers, such as Governors,
                State legislators, chief State school officers, and
                State school board members;
                    ``(B) local policymakers and administrators, such
                as local school board members, superintendents, and
                principals;
                    ``(C) teachers (especially teachers involved in the
                development of content standards) and related services
                personnel;
                    ``(D) parents and individuals with experience in
                promoting parental involvement in education;
                    ``(E) representatives of business;
                    ``(F) experts in vocational-technical education;
                    ``(G) representatives of regional accrediting
                associations;
                    ``(H) individuals with expertise in school finance
                and equity, the education of at-risk students, and the
                preparation and training of teachers and school
                administrators;
                    ``(I) curriculum and school reform experts;
                    ``(J) representatives of advocacy groups, including
                student and civil rights advocacy groups;
                    ``(K) representatives of higher education; and
                    ``(L) secondary school students.
            ``(3) Duties of consortia.--In developing voluntary
        national opportunity-to-learn standards, each consortium
        shall--
                    ``(A) draw upon current research about student
                achievement and the necessary conditions for effective
                teaching and learning; and
                    ``(B) provide for the development of more than one
                draft of standards which incorporate the comments and
                recommendations of educators and other knowledgeable
                individuals across the Nation.
            ``(4) Expertise or background.--One-third of the members of
        each consortium shall consist of individuals with expertise or
        background in the educational needs and assessment of children
        who are from low-income families, are from minority
        backgrounds, have limited-English proficiency, or have
        disabilities.
            ``(5) Geographic representation.--The membership of each
        consortium shall be geographically representative and reflect
        the racial, ethnic, and gender diversity of the United States.
    ``(b) Applications.--Each consortium that desires to receive a
grant under this subsection shall submit an application to the
Secretary at such time, in such manner, and containing such information
and assurances as the Secretary may require.
    ``(c) Report.--After the development of the voluntary national
opportunity-to-learn standards, each consortium receiving assistance
under this section shall submit a report to the Secretary which
discusses the background, important issues, and rationale regarding
such standards.
    ``(d) Authorization of Appropriations.--There are authorized to be
appropriated $2,000,000 for fiscal year 1998 and such sums as may be
necessary for each of the fiscal years 1999 through 2002, to carry out
this section.''.
    (c) Definitions.--Section 3(a) of the Act is amended--
            (1) by redesignating paragraphs (7) through (13) as
        paragraphs (8) through (14), respectively;
            (2) by inserting after paragraph (6) the following:
            ``(7) the term `opportunity-to-learn standards' means the
        criteria for, and the basis of, assessing the sufficiency or
        quality of the resources, practices, and conditions necessary
        at each level of the education system (schools, local
        educational agencies, and States) to provide all students with
        an opportunity to learn the material in voluntary national
        content standards or State content standards.''.
    (d) National Education Goals Panel.--Section 202(j) of the Act is
amended by striking ``or student performances'' and inserting ``,
student performance, or opportunity-to-learn''.
    (e) Duties of the Goals Panel.--Section 203 of the Act is amended
by striking paragraph (2) and inserting the following:
            ``(2) report on State opportunity-to-learn standards and
        strategies and the progress of States that are implementing
        such standards and strategies to help all students meet State
        content standards and State student performance standards.''.
    (f) Powers of the Goals Panel.--Section 204(a)(2) of the Act is
amended by inserting ``voluntary national opportunity-to-learn
standards,'' before ``and State assessments.''.
    (g) State Improvement Plans.--Section 306 of the Act is amended--
            (1) by inserting after subsection (c) the following:
    ``(d) Opportunity-To-Learn Standards and Strategies.--
            ``(1) In general.--Each State improvement plan shall
        establish standards or strategies for providing all students
        with an opportunity to learn. Such standards or strategies
        shall include such factors as the State deems appropriate to
        ensure that all students receive a fair opportunity to achieve
        the knowledge and skills as described in State content
        standards and State student performance standards adopted by
        the State.
            ``(2) Implementation.--Notwithstanding any other provision
        of this Act, the implementation of opportunity-to-learn
        standards or strategies shall be voluntary on the part of the
States, local educational agencies, and schools.
            ``(3) Construction.--Nothing in this section shall be
        construed to--
                    ``(A) mandate equalized spending per pupil for a
                State, local educational agency, or school; or
                    ``(B) mandate national school building standards
                for a State, local educational agency, or school.'';
                and
            (2) in subsection (e), by inserting ``State opportunity-to-
        learn standards or strategies,'' before ``and State
        assessments.''.
    (h) State Uses of Funds.--Section 308(b)(2)(A) of the Act is
amended by inserting ``State opportunity-to-learn standards,'' before
``and State assessments''.
    (i) Assistance to Outlying Areas and Secretary of Interior.--
Section 315(b) of the Act is amended--
            (1) in paragraph (1)(C) by inserting ``, including the
        requirements for timetables for opportunity-to-learn
        standards,'' after ``improvement plans'';
            (2) by amending paragraph (2) to read as follows:
            ``(2) Plan specifics.--The reform and improvement plan
        shall include, in addition to the requirements described above,
        specific provisions for--
                    ``(A) opportunity-to-learn standards pertaining to
                residential programs and transportation costs
                associated with programs located on or near
                reservations or serving students in off-reservation
                residential boarding schools;
                    ``(B) review and incorporation of the National
                Education Goals and the voluntary national content
                standards, voluntary national student performance
                standards, and voluntary national opportunity-to-learn
                standards, provided that such review shall include the
                issues of cultural and language differences; and''.
            (3) in subsection (c)(1)(A) by inserting ``and to provide a
        framework for the implementation of opportunity-to-learn
        standards or strategies'' before the period.
    (j) Regulations.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Education shall promulgate
regulations or guidelines regarding the implementation of opportunity-
to-learn standards.

SEC. 3. ELEMENTARY AND SECONDARY EDUCATION.

    The amendments made to the Elementary and Secondary Education Act
of 1965 paragraphs (1) through (4) of section 702(b) of Public Law 104-
134, shall be restored or revised as if such provision in Public Law
104-134 had not been enacted.

Output: Opportunity-to-Learn Standards Implementation Act - Amends the Goals 2000:  Educate America Act and the Elementary and Secondary Education Act of 1965 to restore provisions relating to opportunity-to-learn standards, including authority for the Secretary of Labor to make opportunity-to-learn development grants.  Authorizes appropriations.


Input:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Medicaid Services
Restoration Act of 2008''.
    (b) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Short title; table of contents.
              TITLE I--REHABILITATIVE SERVICES PROTECTIONS

Sec. 101. Inclusion of therapeutic foster care as medical assistance.
Sec. 102. Reasonable and efficient payment methodologies for
                            rehabilitative services.
Sec. 103. Inclusion of attainment and retention of functional status in
                            rehabilitative services.
Sec. 104. Clarification of coverage of EPSDT services for children
                            receiving inpatient psychiatric hospital
                            services.
Sec. 105. Third party liability clarification relating to diagnostic,
                            screening, preventive, and rehabilitative
                            services.
Sec. 106. Effective date.
   TITLE II--CASE MANAGEMENT AND TARGETED CASE MANAGEMENT PROTECTIONS

Sec. 201. Third party liability clarification relating to case
                            management and targeted case management.
Sec. 202. Reasonable and efficient payment methodologies for case
                            management services.
Sec. 203. Protecting health and safety.
Sec. 204. Codification of Olmstead standard; protecting children.
Sec. 205. Assuring appropriate case management.
Sec. 206. Effective date.

              TITLE I--REHABILITATIVE SERVICES PROTECTIONS

SEC. 101. INCLUSION OF THERAPEUTIC FOSTER CARE AS MEDICAL ASSISTANCE.

    Section 1905 of the Social Security Act (42 U.S.C. 1396d) is
amended--
            (1) in subsection (a)--
                    (A) in paragraph (27), by striking ``and'' at the
                end;
                    (B) by redesignating paragraph (28) as paragraph
                (29); and
                    (C) by inserting after paragraph (27) the following
                new paragraph:
            ``(28) therapeutic foster care services described in
        subsection (y); and''; and
            (2) by adding at the end the following new subsection:
    ``(y)(1) For purposes of subsection (a)(28), therapeutic foster
care services described in this subsection are services provided for
children who have not attained age 21, and, as a result of mental
illness, other emotional or behavioral disorders, medically fragile
conditions, or developmental disabilities need the level of care
normally provided in an institution (including a psychiatric
residential treatment facility) or nursing facility but who can be
cared for in a community placement, through therapeutic foster care
programs that--
            ``(A) are licensed by the State and accredited by the Joint
        Commission on Accreditation of Healthcare Organizations, the
        Commission on Accreditation of Rehabilitation Facilities, or
        the Council on Accreditation;
            ``(B) provide structured daily activities, including the
        development, improvement, monitoring, and reinforcing of age-
        appropriate social, communication and behavioral skills, crisis
        intervention and crisis support services, medication
        monitoring, counseling, and case management, and may furnish
        other intensive community services; and
            ``(C) provide foster care parents with specialized training
        and consultation in the management of children with mental
        illness, other emotional or behavioral disorders, medically
        fragile conditions, or developmental disabilities, and specific
        additional training on the needs of each child provided such
        services.
    ``(2) In the case of a child in State custody or for whom the State
makes foster care maintenance payments under part E of title IV such
services shall not include room and board.''.

SEC. 102. REASONABLE AND EFFICIENT PAYMENT METHODOLOGIES FOR
              REHABILITATIVE SERVICES.

    Section 1905(a)(13) of the Social Security Act (42 U.S.C.
1396d(a)(13)), as amended by section 103, is amended by inserting
``(and which reimbursement for, in the case of rehabilitative services,
may be made through the establishment of reasonable and efficient
payment methodologies, including fee-for-service payments, case rates,
daily rates, or other forms of capitated payment'' after ``status''.

SEC. 103. INCLUSION OF ATTAINMENT AND RETENTION OF FUNCTIONAL STATUS IN
              REHABILITATIVE SERVICES.

    Section 1905(a)(13) of the Social Security Act (42 U.S.C.
1396d(a)(13)) is amended by striking ``and restoration of an individual
to the best possible functional level'' and inserting ``, restoration
of an individual to the best possible functional level, or attainment
or retention of the individual's best possible functional status''.

SEC. 104. CLARIFICATION OF COVERAGE OF EPSDT SERVICES FOR CHILDREN
              RECEIVING INPATIENT PSYCHIATRIC HOSPITAL SERVICES.

    Section 1905(h)(1) of the Social Security Act (42 U.S.C.
1396d(h)(1)) is amended--
            (1) in subparagraph (B), by striking ``and'' at the end;
            (2) in subparagraph (C), by adding ``and'' after the
        semicolon; and
            (3) by inserting after subparagraph (C), the following new
        subparagraph:
            ``(D) services described in subsection (r) which are
        provided on an inpatient or outpatient basis to an individual
        receiving inpatient services described in subparagraph (A),
        (B), or (C).''.

SEC. 105. THIRD PARTY LIABILITY CLARIFICATION RELATING TO DIAGNOSTIC,
              SCREENING, PREVENTIVE, AND REHABILITATIVE SERVICES.

    Section 1903(c) of the Social Security Act (42 U.S.C. 1396b(c)) is
amended--
            (1) by inserting ``(1)'' after ``(c)''; and
            (2) by adding at the end the following new paragraph:
    ``(2) Nothing in this title shall be construed as prohibiting or
restricting, or authorizing the Secretary to prohibit or restrict,
payment under subsection (a) for medical assistance for services
provided under section 1905(a)(13) to eligible individuals furnished by
qualified providers under non-medical programs, provided, however, a
State or local agency administering such plan shall comply with section
1902(a)(25).''.

SEC. 106. EFFECTIVE DATE.

    The amendments made by this title shall take effect as if enacted
on July 1, 2008.

   TITLE II--CASE MANAGEMENT AND TARGETED CASE MANAGEMENT PROTECTIONS

SEC. 201. THIRD PARTY LIABILITY CLARIFICATION RELATING TO CASE
              MANAGEMENT AND TARGETED CASE MANAGEMENT.

    Section 1903(c) of the Social Security Act (42 U.S.C. 1396b(c)), as
amended by section 105, is amended by adding at the end the following
new paragraph:
    ``(3) Nothing in this title shall be construed as prohibiting or
restricting, or authorizing the Secretary to prohibit or restrict
payment under subsection (a) for medical assistance for services
provided under section 1915 (g) to eligible individuals furnished by
qualified providers under non-medical programs, provided, however, a
State or local agency administering such plan shall comply with section
1902(a)(25).''.

SEC. 202. REASONABLE AND EFFICIENT PAYMENT METHODOLOGIES FOR CASE
              MANAGEMENT SERVICES.

    Section 1915(g)(4) of the Social Security Act (42 U.S.C.
1396n(g)(4)) is amended by adding at the end the following new
subparagraph:
    ``(C) Reimbursement for case management and targeted case
management services may be made through the establishment of reasonable
and efficient payment methodologies including fee-for-service payments,
case rates, daily rates, or other forms of capitated payment.''.

SEC. 203. PROTECTING HEALTH AND SAFETY.

    Section 1915(c)(4) of the Social Security Act (42 U.S.C.
1396n(c)(4)) is amended by adding after the second sentence the
following new sentence: ``For the purpose of developing and monitoring
the implementation of the written plan of care required under paragraph
(1), and to assure the health and welfare of individuals, the State may
require case management services for each beneficiary and may limit the
case managers available with respect to case management services for
eligible individuals in order to ensure that the case managers for such
individuals are capable of ensuring that such individuals receive
needed services.''.

SEC. 204. CODIFICATION OF OLMSTEAD STANDARD; PROTECTING CHILDREN.

    Section 1915(g)(2)(A) of the Social Security Act (42 U.S.C.
1396n(g)(2)(A)) is amended--
            (1) in clause (i), by striking ``services which will'' and
        all that follows through the period and inserting ``services
        furnished to assist individuals, eligible under the State plan
        who reside in a community setting or are transitioning to a
        community setting, in gaining access to needed medical, social,
        educational, and other services. Such services may be offered
        by staff of non-medical programs or those who contract with
        non-medical programs, so long as such individuals are qualified
        providers under the State plan under this title and the case
        management services are distinct from the direct services of
        the non-medical program.'';
            (2) by redesignating clause (ii) as clause (iii); and
            (3) by inserting after clause (i) (as amended by paragraph
        (1)), the following new clause:
            ``(ii) For purposes of providing case management services,
        individuals (other than individuals who have attained age 22
        but not attained age 65 and are patients in an institution for
        mental diseases or individuals who are inmates of public
        institutions) may be considered to be transitioning to a
        community setting for up to the last 180 days of an
        institutional stay.''.

SEC. 205. ASSURING APPROPRIATE CASE MANAGEMENT.

    Section 1915(g)(4) of the Social Security Act (42 U.S.C.
1396n(g)(4)), as amended by section 202, is amended by adding at the
end the following:
    ``(D) Nothing in this subsection shall be construed as prohibiting
a State from providing case management or targeted case management
services, as defined in subparagraphs (A) and (B), respectively, of
paragraph (2), through multiple case managers to any individual who
qualifies for medical assistance under the State plan, or to specific
classes of individuals, or to individuals who reside in specified
areas, selected by the State pursuant to this subsection.''.

SEC. 206. EFFECTIVE DATE.

    The amendments made by this title shall take effect as if enacted
on December 4, 2007.

Output:
Medicaid Services Restoration Act of 2008 - Amends title XIX (Medicaid) of the Social Security Act to extend medical assistance coverage to therapeutic foster care services.

Allows reasonable and efficient payment methodologies, including fee-for-service payments, case rates, daily rates, or other forms of capitated payment, as means of reimbursement for rehabilitative services.

Includes medical or remedial services for attainment and retention of functional status among rehabilitative services.

Includes among inpatient psychiatric hospital services for children early and periodic screening, diagnostic, and treatment services.

Allows payment for medical assistance for diagnostic, screening, preventive, and rehabilitative services or optional targeted case management services furnished by qualified providers under non-medical programs, provided a state or local agency administering such plan complies with certain requirements.

Allows reasonable and efficient payment methodologies for reimbursement for case management and targeted case management services.

Authorizes the state to: (1) require case management services for each beneficiary; and (2) limit the case managers available in order to ensure that the case managers for eligible individuals are capable of ensuring that such individuals receive needed services. Allows staff of non-medical programs, or contractors with non-medical programs, to offer such services, so long as: (1) such individuals are state-qualified providers; and (2) the case management services are distinct from the non-medical program's direct services.

Redefines case management services to mean those furnished to assist eligible individuals, who reside in a community setting or are transitioning to a community setting, in gaining access to needed medical, social, educational, and other services.

Allows a state to provide case management or targeted case management services through multiple case managers to: (1) any qualified individual; (2) specific classes of individuals; or (3) individuals who reside in specified areas selected by the state.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Patient and Physician Safety and
Protection Act of 2003''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Federal Government, through the medicare program,
        pays approximately $8,000,000,000 per year solely to train
        resident-physicians in the United States, and as a result, has
        an interest in assuring the safety of patients treated by
        resident-physicians and the safety of resident-physicians
        themselves.
            (2) Resident-physicians spend as much as 30 to 40 percent
        of their time performing activities not related to the
        educational mission of training competent physicians.
            (3) The excessive numbers of hours worked by resident-
        physicians is inherently dangerous for patient care and for the
        lives of resident-physicians.
            (4) The scientific literature has consistently demonstrated
        that the sleep deprivation of the magnitude seen in residency
        training programs leads to cognitive impairment.
            (5) A substantial body of research indicates that excessive
        hours worked by resident-physicians lead to higher rates of
        medical error, motor vehicle accidents, depression, and
        pregnancy complications.
            (6) The medical community has not adequately addressed the
        issue of excessive resident-physician work hours.
            (7) The Federal Government has regulated the work hours of
        other industries when the safety of employees or the public is
        at risk.
            (8) The Institute of Medicine has found that as many as
        98,000 deaths occur annually due to medical errors and has
        suggested that 1 necessary approach to reducing errors in
        hospitals is reducing the fatigue of resident-physicians.

SEC. 3. REVISION OF MEDICARE HOSPITAL CONDITIONS OF PARTICIPATION
              REGARDING WORKING HOURS OF MEDICAL RESIDENTS, INTERNS,
              AND FELLOWS.

    (a) In General.--Section 1866 of the Social Security Act (42 U.S.C.
1395cc) is amended--
            (1) in subsection (a)(1)--
                    (A) by striking ``and'' at the end of subparagraph
                (R);
                    (B) by striking the period at the end of
                subparagraph (S) and inserting ``, and''; and
                    (C) by inserting after subparagraph (S) the
                following new subparagraph:
            ``(T) in the case of a hospital that uses the services of
        postgraduate trainees (as defined in subsection (j)(4)), to
        meet the requirements of subsection (j).''; and
            (2) by adding at the end the following new subsection:
    ``(j)(1)(A) In order that the working conditions and working hours
of postgraduate trainees promote the provision of quality medical care
in hospitals, as a condition of participation under this title, each
hospital shall establish the following limits on working hours for
postgraduate trainees:
            ``(i) Subject to subparagraphs (B) and (C), postgraduate
        trainees may work no more than a total of 24 hours per shift.
            ``(ii) Subject to subparagraph (C), postgraduate trainees
        may work no more than a total of 80 hours per week.
            ``(iii) Subject to subparagraph (C), postgraduate
        trainees--
                    ``(I) shall have at least 10 hours between
                scheduled shifts;
                    ``(II) shall have at least 1 full day out of every
                7 days off and 1 full weekend off per month;
                    ``(III) subject to subparagraph (B), who are
                assigned to patient care responsibilities in an
                emergency department shall work no more than 12
                continuous hours in that department;
                    ``(IV) shall not be scheduled to be on call in the
                hospital more often than every third night; and
                    ``(V) shall not engage in work outside of the
                educational program that interferes with the ability of
                the postgraduate trainee to achieve the goals and
                objectives of the program or that, in combination with
                the program working hours, exceeds 80 hours per week.
    ``(B)(i) Subject to clause (ii), the Secretary shall promulgate
such regulations as may be necessary to ensure quality of care is
maintained during the transfer of direct patient care from 1
postgraduate trainee to another at the end of each shift.
    ``(ii) Such regulations shall ensure that, except in the case of
individual patient emergencies, the period in which a postgraduate
trainee is providing for the transfer of direct patient care (as
referred to in clause (i)) does not extend such trainee's shift by more
than 3 hours beyond the 24-hour period referred to in subparagraph
(A)(i) or the 12-hour period referred to in subparagraph (A)(iii)(III),
as the case may be.
    ``(C) The work hour limitations under subparagraph (A) and
requirements of subparagraph (B) shall not apply to a hospital during a
state of emergency declared by the Secretary that applies with respect
to that hospital.
    ``(2) The Secretary shall promulgate such regulations as may be
necessary to monitor and supervise postgraduate trainees assigned
patient care responsibilities as part of an approved medical training
program, as well as to assure quality patient care.
    ``(3) Each hospital shall inform postgraduate trainees of--
            ``(A) their rights under this subsection, including methods
        to enforce such rights (including so-called whistle-blower
        protections); and
            ``(B) the effects of their acute and chronic sleep
        deprivation both on themselves and on their patients.
    ``(4) For purposes of this subsection, the term `postgraduate
trainee' means a postgraduate medical resident, intern, or fellow.''.
    (b) Designation.--
            (1) In general.--The Secretary of Health and Human Services
        (in this subsection referred to as the ``Secretary'') shall
        designate an individual within the Department of Health and
        Human Services to handle all complaints of violations that
        arise from a postgraduate trainee (as defined in paragraph (4)
        of section 1886(j) of the Social Security Act, as added by
        subsection (a)) who reports that the hospital operating the
        medical residency training program for which the trainee is
        enrolled is in violation of the requirements of such section.
            (2) Grievance rights.--A postgraduate trainee may file a
        complaint with the Secretary concerning a violation of the
        requirements under such section 1886(j). Such a complaint may
        be filed anonymously. The Secretary may conduct an
        investigation and take such corrective action with respect to
        such a violation.
            (3) Enforcement.--
                    (A) Civil money penalty enforcement.--Subject to
                subparagraph (B), any hospital that violates the
                requirements under such section 1886(j) is subject to a
                civil money penalty not to exceed $100,000 for each
                medical residency training program operated by the
                hospital in any 6-month period. The provisions of
                section 1128A of the Social Security Act (other than
                subsections (a) and (b)) shall apply to civil money
                penalties under this paragraph in the same manner as
                they apply to a penalty or proceeding under section
                1128A(a) of such Act.
                    (B) Corrective action plan.--The Secretary shall
                establish procedures for providing a hospital that is
                subject to a civil monetary penalty under subparagraph
                (A) with an opportunity to avoid such penalty by
                submitting an appropriate corrective action plan to the
                Secretary.
            (4) Disclosure of violations and annual reports.--The
        individual designated under paragraph (1) shall--
                    (A) provide for annual anonymous surveys of
                postgraduate trainees to determine compliance with the
                requirements under such section 1886(j) and for the
                disclosure of the results of such surveys to the public
                on a medical residency training program specific basis;
                    (B) based on such surveys, conduct appropriate on-
                site investigations;
                    (C) provide for disclosure to the public of
                violations of and compliance with, on a hospital and
                medical residency training program specific basis, such
                requirements; and
                    (D) make an annual report to Congress on the
                compliance of hospitals with such requirements,
                including providing a list of hospitals found to be in
                violation of such requirements.
    (c) Whistleblower Protections.--
            (1) In general.--A hospital covered by the requirements of
        section 1866(j) of the Social Security Act, as added by
        subsection (a), shall not penalize, discriminate, or retaliate
        in any manner against an employee with respect to compensation,
        terms, conditions, or privileges of employment, who in good
        faith (as defined in paragraph (2)), individually or in
        conjunction with another person or persons--
                    (A) reports a violation or suspected violation of
                such requirements to a public regulatory agency, a
                private accreditation body, or management personnel of
                the hospital;
                    (B) initiates, cooperates, or otherwise
                participates in an investigation or proceeding brought
                by a regulatory agency or private accreditation body
                concerning matters covered by such requirements;
                    (C) informs or discusses with other employees, with
                a representative of the employees, with patients or
                patient representatives, or with the public, violations
                or suspected violations of such requirements; or
                    (D) otherwise avails himself or herself of the
                rights set forth in such section or this subsection.
            (2) Good faith defined.--For purposes of this subsection,
        an employee is deemed to act ``in good faith'' if the employee
        reasonably believes--
                    (A) that the information reported or disclosed is
                true; and
                    (B) that a violation has occurred or may occur.
    (d) Effective Date.--The amendments made by subsection (a) shall
take effect on the first July 1 that begins at least 1 year after the
date of enactment of this Act.

SEC. 4. ADDITIONAL FUNDING FOR HOSPITAL COSTS.

    There are hereby appropriated to the Secretary of Health and Human
Services such amounts as may be required to provide for additional
payments to hospitals for their reasonable additional, incremental
costs incurred in order to comply with the requirements imposed by this
Act (and the amendments made by this Act).

Output: Patient and Physician Safety and Protection Act of 2003 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to require a participating hospital that uses the services of postgraduate trainees to limit their working hours to specified schedules.Directs the Secretary of Health and Human Services to promulgate regulations to monitor and supervise postgraduate trainees assigned patient care responsibilities as part of an approved medical training program, as well as to assure patient quality care.Prescribes whistleblower protections for employees who in good faith report violations of working hour limits.Makes appropriations to the Secretary to provide for additional payments to hospitals for their reasonable additional, incremental costs of compliance with this Act.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Disability Community Act of 2016''.

SEC. 2. HIGHER FMAP FOR CERTAIN MEDICAID EXPENDITURES ASSOCIATED WITH
              CERTAIN REGULATION COMPLIANCE.

    (a) In General.--Section 1903(a)(5) of the Social Security Act (42
U.S.C. 1396b(a)(5)) is amended--
            (1) by striking ``an amount equal to'' and inserting ``(A)
        an amount equal to'';
            (2) by striking ``supplies;'' and inserting ``supplies;
        and''; and
            (3) by adding at the end the following:
            ``(B) an amount equal to 90 percent of the sum of the
        amounts expended during a quarter in 2017, 2018, or 2019, for
        items and services furnished in an intermediate care facility
        for the mentally retarded or for home and community-based
        services furnished to individuals with intellectual and
        developmental disabilities, as the Secretary determines are
        attributable to compliance with any of the regulations
        specified in--
                    ``(i) part 591 of title 29, Code of Federal
                Regulations;
                    ``(ii) part 552 of title 29, Code of Federal
                Regulations; or
                    ``(iii) part 430, 431, 435, 436, 440, 441, or 447
                of title 42, Code of Federal Regulations;''.
    (b) Conforming Terminology for Intermediate Care Facilities.--Title
XIX of the Social Security Act (42 U.S.C. 1396 et seq.) is amended--
            (1) by striking ``intermediate care facility for the
        mentally retarded'' each time such term appears (including in
        headings) and inserting ``intermediate care facility for
        individuals with intellectual and developmental disabilities'';
            (2) by striking ``intermediate care facilities for the
        mentally retarded'' each time such term appears (including in
        headings) and inserting ``intermediate care facilities for
        individuals with intellectual and developmental disabilities'';
            (3) by striking ``State mental retardation or developmental
        disability authority'' each time such term appears and
        inserting ``State intellectual or developmental disability
        authority'';
            (4) in section 1905(d)--
                    (A) in the matter before paragraph (1), by striking
                ``thereof) for the mentally retarded or persons'' and
                inserting ``thereof) for individuals with intellectual
                or developmental disabilities or'';
                    (B) in paragraph (1), by striking ``mentally
                retarded individuals'' and inserting ``individuals with
                intellectual or developmental disabilities''; and
                    (C) in paragraph (2), by striking ``the mentally
                retarded individual'' and inserting ``the individual
                with an intellectual or developmental disability'';
            (5) in section 1915(c)(7)(C), by striking ``mental
        retardation'' and inserting ``intellectual or developmental
        disabilities'';
            (6) in section 1919(b)--
                    (A) in paragraph (3)--
                            (i) in subparagraph (E), by striking
                        ``mentally retarded'' and inserting ``has
                        intellectual or developmental disabilities'';
                        and
                            (ii) in subparagraph (F)--
                                    (I) in the heading, by striking
                                ``and mentally retarded individuals''
                                and inserting ``individuals and
                                individuals with intellectual or
                                developmental disabilities''; and
                                    (II) in clause (ii)--
                                            (aa) by striking ``is
                                        mentally retarded'' and
                                        inserting ``has an intellectual
                                        or developmental disability'';
                                        and
                                            (bb) by striking ``for
                                        mental retardation'' and
                                        inserting ``for intellectual or
                                        developmental disabilities'';
                    (B) in paragraph (4)--
                            (i) in subparagraph (A)(vii), by striking
                        ``mentally ill and mentally retarded
                        residents'' and inserting ``residents who are
                        mentally ill or who have intellectual or
                        developmental disabilities''; and
                            (ii) in subparagraph (C)(ii)(IV), by
                        striking ``the mentally retarded'' and
                        inserting ``individuals with intellectual or
                        developmental disabilities''; and
            (7) in section 1919(e)--
                    (A) in paragraph (7)--
                            (i) in subparagraph (A)(i), by striking
                        ``mentally ill and mentally retarded
                        individuals'' and inserting ``individuals who
                        are mentally ill or who have intellectual or
                        developmental disabilities'';
                            (ii) in subparagraph (B)--
                                    (I) by striking ``mental
                                retardation'' each place such term
                                appears and inserting ``intellectual or
                                developmental disability'';
                                    (II) in clause (ii)--
                                            (aa) in the heading, by
                                        striking ``mentally retarded
                                        residents'' and inserting
                                        ``residents with intellectual
                                        or developmental
                                        disabilities''; and
                                            (bb) in the matter
                                        preceding subclause (I), by
                                        striking ``is mentally
                                        retarded'' and inserting ``has
                                        an intellectual or
                                        developmental disability''; and
                                    (III) in clause (iii), by striking
                                ``mentally ill or mentally retarded
                                resident'' and inserting ``resident who
                                is mentally ill or who has an
                                intellectual or developmental
                                disability'';
                            (iii) in subparagraph (C), by striking
                        ``mental retardation'' each place such term
                        appears and inserting ``intellectual or
                        developmental disability'';
                            (iv) in subparagraph (E)--
                                    (I) by striking ``are mentally
                                retarded or'' and inserting ``have
                                intellectual or developmental
                                disabilities or are''; and
                                    (II) by striking ``mental
                                retardation'' and inserting
                                ``intellectual or developmental
                                disability''; and
                            (v) in subparagraph (G)(ii)--
                                    (I) by striking ``be `mentally
                                retarded''' and inserting ``have `an
                                intellectual or developmental
                                disability'''; and
                                    (II) by striking ``is mentally
                                retarded or a person with'' and
                                inserting ``has an intellectual or
                                developmental disability or''.

SEC. 3. ELECTRONIC VISIT VERIFICATION SYSTEM REQUIRED FOR PERSONAL CARE
              SERVICES AND HOME HEALTH CARE SERVICES UNDER MEDICAID.

    (a) In General.--Section 1903 of the Social Security Act (42 U.S.C.
1396b) is amended by inserting after subsection (k) the following new
subsection:
    ``(l)(1) Subject to paragraphs (3) and (4), with respect to any
amount expended for personal care services or home health care services
requiring an in-home visit by a provider that are provided under a
State plan under this title (or under a waiver of the plan) and
furnished in a calendar quarter beginning on or after January 1, 2019
(or, in the case of home health care services, on or after January 1,
2023), unless a State requires the use of an electronic visit
verification system for such services furnished in such quarter under
the plan or such waiver, the Federal medical assistance percentage
shall be reduced--
                    ``(A) in the case of personal care services--
                            ``(i) for calendar quarters in 2019 and
                        2020, by .25 percentage points;
                            ``(ii) for calendar quarters in 2021, by .5
                        percentage points;
                            ``(iii) for calendar quarters in 2022, by
                        .75 percentage points; and
                            ``(iv) for calendar quarters in 2023 and
                        each year thereafter, by 1 percentage point;
                        and
                    ``(B) in the case of home health care services--
                            ``(i) for calendar quarters in 2023 and
                        2024, by .25 percentage points;
                            ``(ii) for calendar quarters in 2025, by .5
                        percentage points;
                            ``(iii) for calendar quarters in 2026, by
                        .75 percentage points; and
                            ``(iv) for calendar quarters in 2027 and
                        each year thereafter, by 1 percentage point.
            ``(2) Subject to paragraphs (3) and (4), in implementing
        the requirement for the use of an electronic visit verification
        system under paragraph (1), a State shall--
                    ``(A) consult with agencies and entities that
                provide personal care services, home health care
                services, or both under the State plan (or under a
                waiver of the plan) to ensure that such system--
                            ``(i) is minimally burdensome;
                            ``(ii) takes into account existing best
                        practices and electronic visit verification
                        systems in use in the State; and
                            ``(iii) is conducted in accordance with the
                        requirements of HIPAA privacy and security law
                        (as defined in section 3009 of the Public
                        Health Service Act);
                    ``(B) take into account a stakeholder process that
                includes input from beneficiaries, family caregivers,
                personal care or home health care services workers, and
                other stakeholders, as determined by the State in
                accordance with guidance from the Secretary; and
                    ``(C) ensure that individuals who furnish personal
                care services, home health care services, or both under
                the State plan (or under a waiver of the plan) are
                provided the opportunity for training on the use of
                such system.
            ``(3) Paragraphs (1) and (2) shall not apply in the case of
        a State that, as of the date of the enactment of this
        subsection, requires the use of any system for the electronic
        verification of visits conducted as part of both personal care
        services and home health care services.
            ``(4)(A) In the case of a State described in subparagraph
        (B), the reduction under paragraph (1) shall not apply--
                    ``(i) in the case of personal care services, for
                calendar quarters in 2019; and
                    ``(ii) in the case of home health care services,
                for calendar quarters in 2023.
            ``(B) For purposes of subparagraph (A), a State described
        in this subparagraph is a State that demonstrates to the
        Secretary that the State--
                    ``(i) has made a good faith effort to comply with
                the requirements of paragraphs (1) and (2) (including
                by taking steps to adopt the technology used for an
                electronic visit verification system); or
                    ``(ii) in implementing such a system, has
                encountered unavoidable system delays.
            ``(5) In this subsection:
                    ``(A) The term `electronic visit verification
                system' means, with respect to personal care services
                or home health care services, a system under which
                visits conducted as part of such services are
                electronically verified with respect to--
                            ``(i) the type of service performed;
                            ``(ii) the individual receiving the
                        service;
                            ``(iii) the date of the service;
                            ``(iv) the location of service delivery;
                            ``(v) the individual providing the service;
                        and
                            ``(vi) the time the service begins and
                        ends.
                    ``(B) The term `home health care services' means
                services described in section 1905(a)(7) provided under
                a State plan under this title (or under a waiver of the
                plan).
                    ``(C) The term `personal care services' means
                personal care services provided under a State plan
                under this title (or under a waiver of the plan),
                including services provided under section 1905(a)(24),
                1915(c), 1915(i), 1915(j), or 1915(k) or under a wavier
                under section 1115.
            ``(6)(A) In the case in which a State requires personal
        care service and home health care service providers to utilize
        an electronic visit verification system operated by the State
        or a contractor on behalf of the State, the Secretary shall pay
        to the State, for each quarter, an amount equal to 90 per
        centum of so much of the sums expended during such quarter as
        are attributable to the design, development, or installation of
        such system, and 75 per centum of so much of the sums for the
        operation and maintenance of such system.
            ``(B) Subparagraph (A) shall not apply in the case in which
        a State requires personal care service and home health care
        service providers to utilize an electronic visit verification
        system that is not operated by the State or a contractor on
        behalf of the State.''.
    (b) Collection and Dissemination of Best Practices.--Not later than
January 1, 2018, the Secretary of Health and Human Services shall, with
respect to electronic visit verification systems (as defined in
subsection (l)(5) of section 1903 of the Social Security Act (42 U.S.C.
1396b), as inserted by subsection (a)), collect and disseminate best
practices to State Medicaid Directors with respect to--
            (1) training individuals who furnish personal care
        services, home health care services, or both under the State
        plan under title XIX of such Act (or under a waiver of the
        plan) on such systems and the operation of such systems and the
        prevention of fraud with respect to the provision of personal
        care services or home health care services (as defined in such
        subsection (l)(5)); and
            (2) the provision of notice and educational materials to
        family caregivers and beneficiaries with respect to the use of
        such electronic visit verification systems and other means to
        prevent such fraud.
    (c) Rules of Construction.--
            (1) No employer-employee relationship established.--Nothing
        in the amendment made by this section may be construed as
        establishing an employer-employee relationship between the
        agency or entity that provides for personal care services or
        home health care services and the individuals who, under a
        contract with such an agency or entity, furnish such services
        for purposes of part 552 of title 29, Code of Federal
        Regulations (or any successor regulations).
            (2) No particular or uniform electronic visit verification
        system required.--Nothing in the amendment made by this section
        shall be construed to require the use of a particular or
        uniform electronic visit verification system (as defined in
        subsection (l)(5) of section 1903 of the Social Security Act,
        as inserted by subsection (a)) by all agencies or entities that
        provide personal care services or home health care under a
        State plan under title XIX of the Social Security Act (or under
        a waiver of the plan) (42 U.S.C. 1396 et seq.).
            (3) No limits on provision of care.--Nothing in the
        amendment made by this section may be construed to limit, with
        respect to personal care services or home health care services
        provided under a State plan under title XIX of the Social
        Security Act (or under a waiver of the plan) (42 U.S.C. 1396 et
        seq.), provider selection, constrain beneficiaries' selection
        of a caregiver, or impede the manner in which care is
        delivered.
            (4) No prohibition on state quality measures
        requirements.--Nothing in the amendment made by this section
        shall be construed as prohibiting a State, in implementing an
        electronic visit verification system (as defined in subsection
        (l)(5) of section 1903 of the Social Security Act, as inserted
        by subsection (a)), from establishing requirements related to
        quality measures for such system.

Output: Disability Community Act of 2016 This bill amends title XIX (Medicaid) of the Social Security Act to temporarily establish a higher federal matching rate with respect to Medicaid expenditures for certain services furnished to individuals with developmental disabilities if such expenditures are attributable to compliance with specified regulations. In the case of a state Medicaid program that does not require the use of an electronic visit verification system for personal care services and home health services, the federal matching rate for medical assistance expended on such services shall be incrementally reduced.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Tribal Economic Assistance Act of
2017''.

SEC. 2. TREATMENT OF INDIAN TRIBES AS STATES WITH RESPECT TO BOND
              ISSUANCE.

    (a) Repeal of Essential Governmental Function Requirement.--Section
7871 of the Internal Revenue Code of 1986 is amended by striking
subsections (b) and (e).
    (b) Effective Date.--The amendments made by this section shall
apply to transactions after, and obligations issued in calendar years
beginning after, the date of the enactment of this Act.

SEC. 3. MAKING PERMANENT THE INDIAN EMPLOYMENT CREDIT AND DEPRECATION
              RULES FOR BUSINESS PROPERTY ON INDIAN RESERVATIONS.

    (a) Indian Employment Credit.--
            (1) In general.--Section 45A of the Internal Revenue Code
        of 1986 is amended by striking subsection (f).
            (2) Effective date.--The amendment made by this subsection
        shall apply to taxable years beginning after December 31, 2016.
    (b) Accelerated Depreciation for Business Property on an Indian
Reservation.--
            (1) In general.--Section 168(j) of the Internal Revenue
        Code of 1986 is amended by striking paragraph (9).
    (c) Effective Date.--The amendment made by this subsection shall
apply to property placed in service after December 31, 2016.

SEC. 4. PRIORITY UNDER NEW MARKETS TAX CREDIT FOR QUALIFIED LOW-INCOME
              COMMUNITY INVESTMENTS ON INDIAN RESERVATIONS.

    (a) In General.--Subsection (f) of section 45D of the Internal
Revenue Code of 1986 is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (A), by striking ``or'' at the
                end;
                    (B) in subparagraph (B), by striking the period and
                inserting ``, or''; and
                    (C) by adding at the end the following new
                subparagraph:
                    ``(C) which intends to make qualified low-income
                community investments within a reservation, including
                any such entity established by a tribe or an economic
                enterprise which intends to make such investments
                within a reservation.''; and
            (2) by adding at the end the following new paragraph:
            ``(4) Definitions.--For purposes of subparagraph (C) of
        paragraph (2), the terms `reservation', `tribe', and `economic
        enterprise' shall have the same meanings given such terms under
        section 3 of the Indian Financing Act of 1974 (25 U.S.C.
        1452).''.
    (b) Effective Date.--The amendments made by this section shall
apply to calendar years beginning after December 31, 2017.

SEC. 5. AUTHORIZATION TO ESTABLISH QUALIFIED INDIAN SCHOOL CONSTRUCTION
              BOND ESCROW ACCOUNT.

    (a) Authorization To Establish Qualified Indian School Construction
Bond Escrow Account.--
            (1) In general.--Part B of title II of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5351) is
        amended by adding at the end the following:

``SEC. 204A. AUTHORIZATION TO ESTABLISH QUALIFIED INDIAN SCHOOL
              CONSTRUCTION BOND ESCROW ACCOUNT.

    ``(a) Definitions.--In this section:
            ``(1) Federal escrow account.--The term `Federal escrow
        account' means the qualified Indian school construction bond
        escrow account established under subsection (b).
            ``(2) Qualified indian school construction bond.--The term
        `qualified Indian school construction bond' means a bond for
        which the Secretary of the Interior has provided an allocation
        pursuant to the authority provided to the Secretary under
        section 54F(d)(4) of the Internal Revenue Code.
            ``(3) Secretary.--The term `Secretary' means the Secretary
        of the Interior.
    ``(b) In General.--Pursuant to the authority granted under section
54F(d)(4) of the Internal Revenue Code of 1986, the Secretary shall
establish a Federal qualified Indian school construction bond escrow
account for the purpose of implementing such section.
    ``(c) Use of Escrow Account.--The Secretary shall use amounts
available under the Federal escrow account to carry out a qualified
Indian school construction bond program for schools funded by the
Bureau of Indian Affairs, through which--
            ``(1) the Secretary shall approve qualified school
        construction bonds to the extent that amounts are available in
        the Federal escrow account to support the bonds pursuant to
        paragraph (2);
            ``(2) upon the Secretary's approval of a request for a
        qualified school construction bond, the Secretary shall
        deposit, from amounts available in the Federal escrow account,
        the amount described in paragraph (4) in an individual bond
        escrow account that shall be managed for such qualified school
        construction bond;
            ``(3) the funds for the individual bond escrow account
        shall be held by the Federal Government or in an insured
        depository institution, as defined in section 3 of the Federal
        Deposit Insurance Act (12 U.S.C. 1813), and shall be invested
        in appropriate Treasury securities; and
            ``(4) the amount of the funds provided for the individual
        bond escrow account shall be an amount sufficient to repay the
        face value of the bond in a 15-year period, based on the
        investment required under paragraph (3).
    ``(d) Transfer to Escrow Account.--
            ``(1) In general.--The Secretary shall deposit in the
        Federal escrow account such sums as are made available to
        implement this section and section 54F(d)(4) of the Internal
        Revenue Code of 1986.
            ``(2) Other funds.--The Secretary may accept and deposit in
        the Federal escrow account amounts received to carry out this
        section from any other source, including Federal agencies, non-
        Federal public agencies, Indian Tribes, nonprofit
        organizations, and private sector entities.''.
            (2) Conforming amendments.--Section 204 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5351) is
        amended by striking ``this part B'' each place the term appears
        and inserting ``this section''.
    (b) Use of Bonds for Reasonable and Necessary Preconstruction
Costs.--Section 54F(d)(4) of the Internal Revenue Code of 1986 is
amended by striking ``Affairs.'' and inserting ``Affairs, which may
include paying the reasonable and necessary predevelopment costs
directly associated with such construction, rehabilitation, or
repair.''.

Output: Tribal Economic Assistance Act of 2017  This bill amends the Internal Revenue Code to extend and modify several tax provisions relating to Indian reservations.  The bill:   repeals a provision that limits an Indian tribal government's eligibility for certain excise tax exemptions to transactions involving the exercise of an essential government function;  makes permanent the special depreciation rules for property used predominantly within an Indian reservation;  makes permanent the Indian employment tax credit;  requires the Department of the Treasury to give priority to qualified low-income community investments on Indian reservations when allocating new markets tax credits; and allows qualified school construction bonds allocated for schools funded by the Bureau of Indian Affairs to be used for reasonable and necessary predevelopment costs directly associated with the construction, rehabilitation, or repair of a school.   The bill also amends the Indian Self-Determination and Education Assistance Act to establish a federal escrow account to carry out a qualified Indian school construction bond program for schools funded by the Bureau of Indian Affairs.