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

    (a) Short Title.--This Act may be cited as the ``Strengthening the
Transition and Reintegration Of the National Guard and Reserves Act''
or the ``STRONGR Act''.
    (b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Extension of transitional health care coverage to one year for
                            members of reserve components for mental
                            health care.
Sec. 3. Increase in amount of basic educational assistance for members
                            of the Selected Reserve and members of
                            reserve components supporting contingency
                            operations.
Sec. 4. Nonreduction in pay while Federal employee is serving on active
                            duty in a reserve component of the
                            uniformed services.
Sec. 5. Assistance for State and local governments that continue to pay
                            employees who serve on active duty in a
                            reserve component of the uniformed
                            services.
Sec. 6. Active-duty reserve component employee credit added to general
                            business credit.

SEC. 2. EXTENSION OF TRANSITIONAL HEALTH CARE COVERAGE TO ONE YEAR FOR
              MEMBERS OF RESERVE COMPONENTS FOR MENTAL HEALTH CARE.

    Section 1145(a) of title 10, United States Code, is amended in
paragraph (3)--
            (1) by inserting ``(A)'' after ``(3)''; and
            (2) by adding at the end the following new subparagraph:
            ``(B) In addition to the period described in subparagraph
        (A), transitional health care shall be available for an
        additional 180 days, for mental health care only, to a member
        of a reserve component described in paragraph (2)(B). The
        additional 180 days shall begin at the end of the period
        described in subparagraph (A).''.

SEC. 3. INCREASE IN AMOUNT OF BASIC EDUCATIONAL ASSISTANCE FOR MEMBERS
              OF THE SELECTED RESERVE AND MEMBERS OF RESERVE COMPONENTS
              SUPPORTING CONTINGENCY OPERATIONS.

    (a) Members of Selected Reserve.--
            (1) Increase in amount of assistance.--Section 16131(b) of
        title 10, United States Code, is amended--
                    (A) in paragraph (1), by striking ``at the
                following rates'' and all that follows through the end
                and inserting ``at the rate provided under paragraph
                (2).''; and
                    (B) in paragraph (2), by striking all and inserting
                the following:
    ``(2)(A) Educational assistance provided under this chapter shall
be paid at a rate equal the applicable percentage under subparagraph
(B) of the rate provided under section 3015(a) of title 38 for an
approved program of education pursued on a full-time basis.
    ``(B) The applicable percentage under this subparagraph is--
            ``(i) 50 percent for each month in which the individual
        pursues an approved program of education on a full time basis;
            ``(ii) 37.5 percent for each month in which the individual
        pursues an approved program of education on a three-quarter-
        time basis;
            ``(iii) 25 percent for each month in which the individual
        pursues an approved program of education on a half-time basis;
        and
            ``(iv) an appropriately reduced percent, as determined
        under regulations which the Secretary of Veterans Affairs shall
        prescribe, for each month in which the individual pursues an
        approved program of education on less than a half-time basis,
        except that no payment may be made to an individual for a month
        in which the individual pursues such a program on less than a
        half-time basis if tuition assistance is otherwise available to
        the individual for such pursuit from the military department
        concerned.''.
            (2) Effective date.--The amendments made by paragraph (1)
        shall apply with respect to an educational assistance allowance
        under section 16131(b) of such title paid for months beginning
        after the date of the enactment of this Act.
    (b) Reserve Components Supporting Contingency Operations.--
            (1) Increase in amount.--Section 16162(c)(4) of title 10,
        United States Code, is amended--
                    (A) in subparagraph (A) by striking ``40 percent''
                and inserting ``60 percent''; and
                    (B) in subparagraph (B) by striking ``60 percent''
                and inserting ``70 percent''.
            (2) Effective date.--The amendments made by paragraph (1)
        shall apply with respect to an educational assistance allowance
        under section 16162(c)(4) of such title paid for months
        beginning after the date of the enactment of this Act.

SEC. 4. 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 amount by which--
            ``(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, exceeds (if at all)
            ``(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 the employing agency of the employee;
            ``(2) from the appropriation 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) 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) For the purpose 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;
            ``(2) the term `civilian basic pay' includes any amount
        payable under section 5304;
            ``(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)) with respect
        to which the employee has reemployment rights under chapter 43
        of title 38; and
            ``(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. 5. 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. 911. 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, is amended by inserting after the item relating
to section 909 the following new item:

``911. Assistance for State and local governments that continue to pay
                            employees who serve on active duty.''.
    (c) Application of Amendment.--Section 911 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. 6. 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. 45N. 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).
    ``(b) Limitation.--The amount allowed as a credit under subsection
(a) shall not 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.
    ``(c) 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 paragraph
        (2).
    ``(d) Days Not Taken Into Account.--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.
    ``(e) 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 (30), by striking
the period at the end of paragraph (31) and inserting ``, plus'', and
by adding at the end the following new paragraph:
            ``(32) the active-duty reserve component employee credit
        determined under section 45N(a).''.
    (c) Conforming Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 45M the following new
item:

``Sec. 45N. Active-duty reserve component employee credit.''.
    (d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007.

Output:
Strengthening the Transition and Reintegration of the National Guard and Reserves Act or STRONGR Act - Provides an additional 180-day period of military mental health care coverage for members of the reserves separated from service following active duty of more than 30 days in support of a contingency operation.

Increases the amount of basic educational assistance under the Montgomery GI Bill for members of the Selected Reserve and reserve personnel supporting contingency operations.

Entitles a federal employee who is a member of a reserve component to receive the difference in pay between military compensation and civilian compensation during periods of active duty exceeding 30 days.

Directs the Secretary of the military department concerned to reimburse states or local governments for 50% of the civilian compensation paid by such governments to equalize military and civilian pay. Increases the reimbursement rate to 100% if active duty extends beyond nine months.

Amends the Internal Revenue Code to establish an active-duty reserve component employee credit for employers who provide compensation to employees on active duty.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicaid Cash and Counseling Program
Act of 2005''.

SEC. 2. OPTIONAL CHOICE OF SELF-DIRECTED PERSONAL ASSISTANCE SERVICES
              (CASH AND COUNSELING).

    (a) Exemption From Certain Requirements.--Section 1915 of the
Social Security Act (42 U.S.C. 1396n) is amended by adding at the end
the following new subsection:
    ``(i)(1) A State may provide, as `medical assistance', payment for
part or all of the cost of self-directed personal assistance services
(other than room and board) under the plan which are provided pursuant
to a written plan of care to individuals with respect to whom there has
been a determination that, but for the provision of such services, the
individuals would require and receive personal care services under the
plan, or home and community-based services provided pursuant to a
waiver under sub-section (c). Self-directed personal assistance
services may not be provided under this subsection to individuals who
reside in a home or property that is owned, operated, or controlled by
a provider of services, not related by blood or marriage.
    ``(2) The Secretary shall not grant approval for a State self-
directed personal assistance services program under this section unless
the State provides assurances satisfactory to the Secretary of the
following:
            ``(A) Necessary safeguards have been taken to protect the
        health and welfare of individuals provided services under the
        program, and to assure financial accountability for funds
        expended with respect to such services.
            ``(B) The State will provide, with respect to individuals
        who--
                    ``(i) are entitled to medical assistance for
                personal care services under the plan, or receive home
                and community-based services under a waiver granted
                under subsection (c);
                    ``(ii) may require self-directed personal
                assistance services; and
                    ``(iii) may be eligible for self-directed personal
                assistance services,
        an evaluation of the need for personal care under the plan, or
        personal services under a waiver granted under subsection (c).
            ``(C) Such individuals who are determined to be likely to
        require personal care under the plan, or home and community-
        based services under a waiver granted under subsection (c) are
        informed of the feasible alternatives, if available under the
        State's self-directed personal assistance services program, at
        the choice of such individuals, to the provision of personal
        care services under the plan, or personal assistance services
        under a waiver granted under subsection (c).
            ``(D) The State will provide for a support system that
        ensures participants in the self-directed personal assistance
        services program are appropriately assessed and counseled prior
        to enrollment and are able to manage their budgets. Additional
        counseling and management support may be provided at the
        request of the participant.
            ``(E) The State will provide to the Secretary an annual
        report on the number of individuals served and total
        expenditures on their behalf in the aggregate. The State shall
        also provide an evaluation of overall impact on the health and
        welfare of participating individuals compared to non-
        participants every three years.
    ``(3) A State may provide self-directed personal assistance
services under the State plan without regard to the requirements of
section 1902(a)(1) and may limit the population eligible to receive
these services and limit the number of persons served without regard to
section 1902(a)(10)(B).
    ``(4)(A) For purposes of this subsection, the term `self-directed
personal assistance services' means personal care and related services,
or home and community-based services otherwise available under the plan
under this title or subsection (c), that are provided to an eligible
participant under a self-directed personal assistance services program
under this section, under which individuals, within an approved self-
directed services plan and budget, purchase personal assistance and
related services, and permits participants to hire, fire, supervise,
and manage the individuals providing such services.
    ``(B) At the election of the State--
            ``(i) a participant may choose to use any individual
        capable of providing the assigned tasks including legally
        liable relatives as paid providers of the services; and
            ``(ii) the individual may use the individual's budget to
        acquire items that increase independence or substitute (such as
        a microwave oven or an accessibility ramp) for human
        assistance, to the extent that expenditures would otherwise be
        made for the human assistance.
    ``(5) For purpose of this section, the term `approved self-directed
services plan and budget' means, with respect to a participant, the
establishment of a plan and budget for the provision of self-directed
personal assistance services, consistent with the following
requirements:
            ``(A) Self-direction.--The participant (or in the case of a
        participant who is a minor child, the participant's parent or
        guardian, or in the case of an incapacitated adult, another
        individual recognized by state law to act on behalf of the
        participant) exercises choice and control over the budget,
        planning, and purchase of self-directed personal assistance
        services, including the amount, duration, scope, provider and
        location of service provision.
            ``(B) Assessment of needs.--There is an assessment of the
        needs, strengths, and preferences of the participants for such
        services.
            ``(C) Service plan.--A plan for such services (and supports
        for such services) for the participant has been developed and
        approved by the State based on such assessment through a
        person-centered process that--
                    ``(i) builds upon the participant's capacity to
                engage in activities that promote community life and
                that respects the participant's preferences, choices
                and abilities; and
                    ``(ii) involves families, friends, and
                professionals in the planning or delivery of services
                or supports as desired or required by the participant.
            ``(D) Service budget.--A budget for such services and
        supports for the participant has been developed and approved by
        the State based on such assessment and plan and on a
        methodology that uses valid, reliable cost data, is open to
        public inspection, and includes a calculation of the expected
        cost of such services if those services were not self-directed.
        The budget may not restrict access to other medically necessary
        care and services furnished under the plan and approved by the
        state but not included in the budget.
            ``(E) Application of quality assurance and risk
        management.--There are appropriate quality assurance and risk
        management techniques used in establishing and implementing
        such plan and budget that recognize the roles and
        responsibilities in obtaining services in a self-directed
        manner and assure the appropriateness of such plan and budget
        based upon the participant's resources and capabilities.
    ``(6) A State may employ a financial management entity to make
payments to providers, track costs, and make reports under the program.
Payment for the activities of the financial management entity shall be
at the administrative rate established in section 1903(a).''.
    (b) Effective Date.--The amendment made by subsection (a) shall
apply to services furnished on or after January 1, 2006.

Output:
Medicaid Cash and Counseling Program Act of 2005 - Amends title XIX (Medicaid) of the Social Security Act to allow a state to provide, as medical assistance, payment for the cost of self-directed personal assistance services (other than room and board) provided pursuant to a written plan of care to individuals who, but for such services, would require and receive personal care services under the plan, or home and community-based services provided pursuant to a waiver.

Prohibits the provision of self-directed personal assistamce services to individuals who reside in a home or property owned, operated, or controlled by a service provider not related by blood or marriage.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Manhattan Project National
Historical Park Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the Manhattan Project was an unprecedented top-secret
        program implemented during World War II to produce an atomic
        bomb before Nazi Germany;
            (2) a panel of experts convened by the President's Advisory
        Council on Historic Preservation in 2001--
                    (A) stated that ``the development and use of the
                atomic bomb during World War II has been called `the
                single most significant event of the 20th century''';
                and
                    (B) recommended that nationally significant sites
                associated with the Manhattan Project be formally
                established as a collective unit and be administered
                for preservation, commemoration, and public
                interpretation in cooperation with the National Park
                Service;
            (3) the Manhattan Project National Historical Park Study
        Act (Public Law 108-340; 118 Stat. 1362) directed the Secretary
        of the Interior, in consultation with the Secretary of Energy,
        to conduct a special resource study of the historically
        significant sites associated with the Manhattan Project to
        assess the national significance, suitability, and feasibility
        of designating one or more sites as a unit of the National Park
        System;
            (4) after significant public input, the National Park
        Service study found that ``including Manhattan Project-related
        sites in the national park system will expand and enhance the
        protection and preservation of such resources and provide for
        comprehensive interpretation and public understanding of this
        nationally significant story in the 20th century American
        history'';
            (5) the Department of the Interior, with the concurrence of
        the Department of Energy, recommended the establishment of a
        Manhattan Project National Historical Park comprised of
        resources at--
                    (A) Oak Ridge, Tennessee;
                    (B) Los Alamos, New Mexico; and
                    (C) Hanford, in the Tri-Cities area, Washington;
                and
            (6) designation of a Manhattan Project National Historical
        Park as a unit of the National Park System would improve the
        preservation of, interpretation of, and access to the
        nationally significant historic resources associated with the
        Manhattan Project for present and future generations to gain a
        better understanding of the Manhattan Project, including the
        significant, far-reaching, and complex legacy of the Manhattan
        Project.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to preserve and protect for the benefit of present and
        future generations the nationally significant historic
        resources associated with the Manhattan Project;
            (2) to improve public understanding of the Manhattan
        Project and the legacy of the Manhattan Project through
        interpretation of the historic resources associated with the
        Manhattan Project;
            (3) to enhance public access to the Historical Park
        consistent with protection of public safety, national security,
        and other aspects of the mission of the Department of Energy;
        and
            (4) to assist the Department of Energy, Historical Park
        communities, historical societies, and other interested
        organizations and individuals in efforts to preserve and
        protect the historically significant resources associated with
        the Manhattan Project.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Historical park.--The term ``Historical Park'' means
        the Manhattan Project National Historical Park established
        under section 5.
            (2) Manhattan project.--The term ``Manhattan Project''
        means the Federal program to develop an atomic bomb ending on
        December 31, 1946.
            (3) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.

SEC. 5. ESTABLISHMENT OF MANHATTAN PROJECT NATIONAL HISTORICAL PARK.

    (a) Establishment.--
            (1) Date.--Not later than 1 year after the date of
        enactment of this Act, there shall be established as a unit of
        the National Park System the Manhattan Project National
        Historical Park.
            (2) Areas included.--The Historical Park shall consist of
        facilities and areas listed under subsection (b) as determined
        by the Secretary, in consultation with the Secretary of Energy.
        The Secretary shall include the area referred to in subsection
        (b)(3)(A), the B Reactor National Historic Landmark, in the
        Historical Park.
    (b) Eligible Areas.--The Historical Park may only be comprised of
one or more of the following areas, or portions of the areas, and
depicted in the map titled ___ and numbered ____:
            (1) Oak ridge, tennessee.--Facilities, land, or interests
        in land that are--
                    (A) at Buildings 9204-3 and 9731 at the Y-12
                National Security Complex;
                    (B) at the X-10 Graphite Reactor at the Oak Ridge
                National Laboratory;
                    (C) at the K-25 Building site at the East Tennessee
                Technology Park; and
                    (D) at the former Guest House located at 210 East
                Madison Road.
            (2) Los alamos, new mexico.--Facilities, land, or interests
        in land that are--
                    (A) in the Los Alamos Scientific Laboratory
                National Historic Landmark District, or any addition to
                the Landmark District proposed in the National Historic
                Landmark Nomination--Los Alamos Scientific Laboratory
                (LASL) NHL District (Working Draft of NHL Revision),
                Los Alamos National Laboratory document LA-UR 12-00387
                (January 26, 2012);
                    (B) at the former East Cafeteria located at 1670
                Nectar Street; and
                    (C) at the former dormitory located at 1725 17th
                Street.
            (3) Hanford, washington.--Facilities, land, or interests in
        land that are--
                    (A) the B Reactor National Historic Landmark;
                    (B) the Hanford High School in the town of Hanford
                and Hanford Construction Camp Historic District;
                    (C) the White Bluffs Bank building in the White
                Bluffs Historic District;
                    (D) the warehouse at the Bruggemann's Agricultural
                Complex;
                    (E) the Hanford Irrigation District Pump House; and
                    (F) the T Plant (221-T Process Building).
    (c) Written Consent of Owner.--No non-Federal property may be
included in the Historical Park without the written consent of the
owner.

SEC. 6. AGREEMENT.

    (a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary and the Secretary of Energy (acting through
the Oak Ridge, Los Alamos, and Richland site offices) shall enter into
an agreement governing the respective roles of the Secretary and the
Secretary of Energy in administering the facilities, land, or interests
in land under the administrative jurisdiction of the Department of
Energy that is to be included in the Historical Park under section
5(b), including provisions for enhanced public access, management,
interpretation, and historic preservation.
    (b) Responsibilities of the Secretary.--Any agreement under
subsection (a) shall provide that the Secretary shall--
            (1) have decisionmaking authority for the content of
        historic interpretation of the Manhattan Project for purposes
        of administering the Historical Park; and
            (2) ensure that the agreement provides an appropriate
        advisory role for the National Park Service in preserving the
        historic resources covered by the agreement.
    (c) Responsibilities of the Secretary of Energy.--Any agreement
under subsection (a) shall provide that the Secretary of Energy--
            (1) shall ensure that the agreement appropriately protects
        public safety, national security, and other aspects of the
        ongoing mission of the Department of Energy at the Oak Ridge
        Reservation, Los Alamos National Laboratory, and Hanford Site;
            (2) may consult with and provide historical information to
        the Secretary concerning the Manhattan Project;
            (3) shall retain responsibility, in accordance with
        applicable law, for any environmental remediation that may be
        necessary in or around the facilities, land, or interests in
        land governed by the agreement; and
            (4) shall retain authority and legal obligations for
        historic preservation and general maintenance, including to
        ensure safe access, in connection with the Department's
        Manhattan Project resources.
    (d) Amendments.--The agreement under subsection (a) may be amended,
including to add to the Historical Park facilities, land, or interests
in land within the eligible areas described in section 5(b) that are
under the jurisdiction of the Secretary of Energy.

SEC. 7. PUBLIC PARTICIPATION.

    (a) In General.--The Secretary shall consult with interested State,
county, and local officials, organizations, and interested members of
the public--
            (1) before executing any agreement under section 6; and
            (2) in the development of the general management plan under
        section 8(b).
    (b) Notice of Determination.--Not later than 30 days after the date
on which an agreement under section 6 is entered into, the Secretary
shall publish in the Federal Register notice of the establishment of
the Historical Park, including an official boundary map.
    (c) Availability of Map.--The official boundary map published under
subsection (b) shall be on file and available for public inspection in
the appropriate offices of the National Park Service. The map shall be
updated to reflect any additions to the Historical Park from eligible
areas described in section 5(b).
    (d) Additions.--Any land, interest in land, or facility within the
eligible areas described in section 5(b) that is acquired by the
Secretary or included in an amendment to the agreement under section
6(d) shall be added to the Historical Park.

SEC. 8. ADMINISTRATION.

    (a) In General.--The Secretary shall administer the Historical Park
in accordance with--
            (1) this Act; and
            (2) the laws generally applicable to units of the National
        Park System, including--
                    (A) the National Park System Organic Act (16 U.S.C.
                1 et seq.); and
                    (B) the Act of August 21, 1935 (16 U.S.C. 461 et
                seq.).
    (b) General Management Plan.--Not later than 3 years after the date
on which funds are made available to carry out this section, the
Secretary, with the concurrence of the Secretary of Energy, and in
consultation and collaboration with the Oak Ridge, Los Alamos and
Richland Department of Energy site offices, shall complete a general
management plan for the Historical Park in accordance with section
12(b) of Public Law 91-383 (commonly known as the ``National Park
Service General Authorities Act'') (16 U.S.C. 1a-7(b)).
    (c) Interpretive Tours.--The Secretary may, subject to applicable
law, provide interpretive tours of historically significant Manhattan
Project sites and resources in the States of Tennessee, New Mexico, and
Washington that are located outside the boundary of the Historical
Park.
    (d) Land Acquisition.--
            (1) In general.--The Secretary may acquire land and
        interests in land within the eligible areas described in
        section 5(b) by--
                    (A) transfer of administrative jurisdiction from
                the Department of Energy by agreement between the
                Secretary and the Secretary of Energy;
                    (B) donation; or
                    (C) exchange.
            (2) No use of condemnation.--The Secretary may not acquire
        by condemnation any land or interest in land under this Act or
        for the purposes of this Act.
    (e) Donations; Cooperative Agreements.--
            (1) Federal facilities.--
                    (A) In general.--The Secretary may enter into one
                or more agreements with the head of a Federal agency to
                provide public access to, and management,
                interpretation, and historic preservation of,
                historically significant Manhattan Project resources
                under the jurisdiction or control of the Federal
                agency.
                    (B) Donations; cooperative agreements.--The
                Secretary may accept donations from, and enter into
                cooperative agreements with, State governments, units
                of local government, tribal governments, organizations,
                or individuals to further the purpose of an interagency
                agreement entered into under subparagraph (A) or to
                provide visitor services and administrative facilities
                within reasonable proximity to the Historical Park.
            (2) Technical assistance.--The Secretary may provide
        technical assistance to State, local, or tribal governments,
        organizations, or individuals for the management,
        interpretation, and historic preservation of historically
        significant Manhattan Project resources not included within the
        Historical Park.
            (3) Donations to department of energy.--For the purposes of
        this Act, or for the purpose of preserving and providing access
        to historically significant Manhattan Project resources, the
        Secretary of Energy may accept, hold, administer, and use
        gifts, bequests, and devises (including labor and services).

SEC. 9. CLARIFICATION.

    (a) No Buffer Zone Created.--Nothing in this Act, the establishment
of the Historical Park, or the management plan for the Historical Park
shall be construed to create buffer zones outside of the Historical
Park. That an activity can be seen and heard from within the Historical
Park shall not preclude the conduct of that activity or use outside the
Historical Park.
    (b) No Cause of Action.--Nothing in this Act shall constitute a
cause of action with respect to activities outside or adjacent to the
established boundary of the Historical Park.

Output:
Manhattan Project National Historical Park Act - (Sec. 5) Establishes the Manhattan Project National Historical Park as a unit of the National Park System, which may be composed of specified facilities, lands, or interests in land in one or more eligible areas or parts of such areas in Oak Ridge, Tennessee; Los Alamos, New Mexico; and Hanford, Washington. Requires inclusion of the B Reactor National Historic Landmark in Hanford.

(Sec. 6) Directs the Secretary of the Interior (the Secretary) and the Secretary of Energy (DOE) to enter into an agreement to govern their respective roles in administering the facilities, lands, or interests in land under DOE's jurisdiction to be included in the Park.

Requires the Secretary under any such agreement to: (1) have decisionmaking authority for the content of the historic interpretation of the Manhattan Project for purposes of administering the Historical Park, and (2) ensure that the agreement provides for an appropriate advisory role for the National Park Service (NPS) in preserving the historic resources covered by the agreement.

Requires the DOE Secretary under any such agreement to: (1) ensure that the agreement appropriately protects public safety, national security, and other aspects of the ongoing mission of DOE at the Oak Ridge Reservation, Los Alamos National Laboratory, and Hanford Site; (2) retain responsibility for any necessary environmental remediation; and (3) retain authority and legal obligations for historic preservation and general maintenance.

(Sec. 7) Requires the Secretary to consult with interested state, county, and local officials, and members of the public before executing any such agreement and in developing the general management plan.

(Sec. 8) Requires the Secretary to develop a general management plan for the Park in consultation and collaboration with the Oak Ridge, Los Alamos, and Richland DOE site offices.

Authorizes the Secretary to provide interpretive tours of historically significant Manhattan Project sites and resources that are located outside the boundary of the Park.

Prohibits the acquisition by condemnation of any land or interest in land for the purposes of this Act.

 Authorizes the Secretary to: (1) enter into agreements with federal agencies to provide public access to, and management, interpretation, and historic preservation of, historically significant Manhattan Project resources under their control; and (2) accept donations from, and enter into cooperative agreements with, state governments, local governments, tribal governments, organizations, or individuals to further the purpose of such an interagency agreement, or to provide visitor services and administrative facilities within proximity to the Historical Park.

Authorizes the Secretary to provide technical assistance to such governments, organizations, or individuals for the management, interpretation, and historic preservation of historically significant Manhattan Project resources not included in the Historical Park.

(Sec. 9) Prohibits anything in this Act, the establishment of the Historical Park, or the management plan for the Historical Park from being construed as creating buffer zones outside of the Park.

Prohibits anything in this Act from constituting a cause of action respecting activities outside or adjacent to the established boundary of the Park.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Afghanistan and Central Asian
Republics Sustainable Food Production Act of 2001''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) abject poverty and the inability to produce food, even
        at the subsistence level, in the rural, mountainous areas of
        Afghanistan and the Central Asian Republics have plagued the
        region for over 20 years;
            (2) extended food shortages in this region have resulted in
        the consumption of seed supplies and breeding livestock
        necessary to continue farming and food production;
            (3) ongoing and violent conflict in the region has badly
        damaged or destroyed the basic irrigation systems necessary for
        food production;
            (4) despite the delivery of over $185,000,000 in aid from
        the United States in fiscal year 2001 toward humanitarian
        assistance needs in Afghanistan, millions of people remain at
        risk of severe malnutrition and starvation in the short- and
        long-terms;
            (5) on October 4, 2001, President George W. Bush announced
        that the people of Afghanistan, and the governments of
        Pakistan, Iran, Tajikistan, Uzbekistan, and Turkmenistan will
        receive an additional $320,000,000 humanitarian assistance
        package for emergency food and refugee assistance to address
        the region's immediate needs during the war on terrorism; and
            (6) in addition to addressing short-term emergency
        assistance needs in Afghanistan and the mountainous regions of
        the Central Asian Republics, addressing the long-term food
        production and rural development issues in region will be
        critical to attaining some stability in the region.

SEC. 3. ASSISTANCE.

    (a) Assistance.--The Administrator of the United States Agency for
International Development shall provide assistance in accordance with
the provisions of this Act to develop sustainable food production for
Afghanistan and the mountainous regions of other countries of Central
Asia through restocking seed, replacing breeding livestock, restoring
basic irrigation systems, and providing access to credit for food
production, processing, or marketing enterprises through rural
microenterprise loan programs.
    (b) Program Objectives.--
            (1) In general.--In providing assistance under subsection
        (a), the Administrator shall provide only grants to
        nongovernmental organizations for the purpose of carrying out
        the activities described in paragraph (2) in Afghanistan and
        the other countries of Central Asia in accordance with this
        section.
            (2) Activities supported.--
                    (A) In general.--Among the activities for which the
                Administrator may provide grants shall be--
                            (i) procurement of seed for local food
                        production;
                            (ii) replacement of breeding livestock;
                            (iii) restoration of basic irrigation
                        systems;
                            (iv) establishment of access to credit for
                        food production, processing, or marketing
                        enterprises through rural microenterprise loan
                        programs; and
                            (v) providing technical assistance.
                    (B) Limitation.--Amounts received under a grant
                shall not be used to carry out activities related to
                emergencies or disasters.
            (3) Applications.--A nongovernmental organization that
        desires to receive a grant under this section shall submit an
        application for the grant to the Administrator. The application
        should be developed by the nongovernmental organization in
        close consultation with local indigenous entities, or
        associated persons of a village or villages, located in the
        country within which the activities supported by the grant will
        be carried out.
            (4) Implementation of program objectives.--In carrying out
        the objectives of paragraph (1), the Administrator shall--
                    (A) coordinate the activities with governments of
                other countries authorized to receive grants under this
                section, local and regional governments of such
                countries, nongovernmental organizations operating in
                such countries, and private donors;
                    (B) provide minimal supplementary grants for
                associated administrative costs to the national and
                regional governments of the country for which grants to
                nongovernmental organizations are approved under this
                section;
                    (C) provide oversight of grants disbursed under
                this section, including procedures under which a
                nongovernmental organization that misuses grant funds
                or otherwise fails to adequately carry out the
                activities described in paragraph (2) should be
                disqualified from receiving additional grants under
                this section for not less than 1 year; and
                    (D) coordinate efforts with national, regional, and
                local government officials to conduct an annual review
                of disbursement of grant funds and the effectiveness of
                activities carried out with grant funds.
    (c) Restriction Relating to the Use of United States Funds in
Afghanistan.--Funds made available under this Act shall not be used
during a fiscal year for any activity in Afghanistan which is described
in subsection (b)(2) unless the Secretary of State certifies for the
fiscal year that there has been substantial progress made toward the
establishment of a government in Afghanistan that meets the following
requirements:
            (1) The government includes broad representation from the
        diverse ethnic and religious groups of Afghanistan, including
        both men and women from such groups.
            (2) The government does not sponsor terrorism or harbor
        terrorists.
            (3) The government demonstrates a strong and determined
        commitment to eliminating the production of opium-producing
        poppies.
            (4) The government meets the conditions outlined in the
        United Nations Universal Declaration of Human Rights.

SEC. 4. ADMINISTRATION.

    It is the sense of the Congress that the Administrator should
establish--
            (1) criteria for the selection of projects to receive
        support under this Act;
            (2) standards and criteria regarding qualifications of
        recipients of such support;
            (3) such rules and procedures as may be necessary for
        projects that receive support under this Act;
            (4) such rules and procedures as may be necessary to ensure
        transparency and accountability in the grant-making process;
        and
            (5) criteria for an annual review process for all projects
        receiving grants.

SEC. 5. REPORTS TO CONGRESS.

    (a) Annual Reports by Administrator.--
            (1) In general.--Not later than 1 year after the date of
        the enactment of this Act, and annually thereafter for the
        subsequent 4 fiscal years, the Administrator shall submit to
        the appropriate committees of Congress a report on the
        implementation of this Act.
            (2) Report elements.--The report shall include a
        description of--
                    (A) the programs, projects, and activities
                supported by grants made under this Act;
                    (B) the criteria that have been established that
                are used to determine the programs and activities that
                should be assisted by grants made under this Act;
                    (C) an assessment regarding the extent to which the
                Government of Afghanistan does or does not meet the
                requirements of section 3(c) for that fiscal year; and
                    (D) with respect to a fiscal year for which
                Afghanistan is eligible to receive a grant under
                section 3, the impact of programming on food production
                and rural development in Afghanistan.
    (b) GAO Report on Effectiveness.--Not later than 2 years after the
date of the enactment of this Act, the Comptroller General of the
United States shall submit to the appropriate committees of Congress a
report evaluating the effectiveness of grants made under this Act,
including the effectiveness of the programs, projects, and activities
described in subsection (a)(2)(A) in building sustainable food
production and rural microenterprise loans in the countries authorized
to receive grants under this section.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    In addition to any other funds authorized to be appropriated for
bilateral programs related to sustainable food production and
microenterprise systems, there is authorized to be appropriated to the
Administrator $25,000,000 for fiscal year 2002 and $50,000,000 for each
of the fiscal years 2003 through 2006 to carry out this Act. Of the
amount appropriated pursuant to the authorization of appropriations
under the preceding sentence for a fiscal year 60 percent should be
designated for grants for Afghanistan.

SEC. 7. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the
        Administrator of the United States Agency for International
        Development.
            (2) Appropriate committees.--The term ``appropriate
        committees'' means the Committee on Foreign Relations and the
        Committee on Appropriations of the Senate and the Committee on
        International Relations and the Committee on Appropriations of
        the House of Representatives.
            (3) Other countries of central asia.--The term ``other
        countries of Central Asia'' means Kyrgyzstan, Pakistan,
        Tajikistan, Turkmenistan, and Uzbekistan.

Output: Afghanistan and Central Asian Republics Sustainable Food Production Act of 2001 - Directs the Administrator of the United States Agency for International Development to provide financial assistance to nongovernmental organizations carrying out rural developmental activities in Afghanistan, Kyrgyzstan, Pakistan, Tajikistan, Turkmenistan, and Uzbekistan. Stipulates the aid shall be used for: (1) restocking seed; (2) replacing breeding livestock; (3) restoring basic irrigation systems; (4) providing access to credit for food production, processing or marketing enterprises through rural microenterprise loan programs; and (5) technical assistance. Places human rights and other conditions on the government of Afghanistan for projects to be funded in Afghanistan.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Radio Broadcasting Preservation Act
of 2000''.

SEC. 2. MODIFICATIONS TO LOW-POWER FM REGULATIONS REQUIRED.

    (a) Third-Adjacent Channel Protections Required.--
            (1) Modifications required.--The Federal Communications
        Commission shall modify the rules authorizing the operation of
        low-power FM radio stations, as proposed in MM Docket No. 99-
        25, to--
                    (A) prescribe minimum distance separations for
                third-adjacent channels (as well as for co-channels and
                first- and second-adjacent channels); and
                    (B) prohibit any applicant from obtaining a low-
                power FM license if the applicant has engaged in any
                manner in the unlicensed operation of any station in
                violation of section 301 of the Communications Act of
                1934 (47 U.S.C. 301).
            (2) Congressional authority required for further changes.--
        The Federal Communications Commission may not--
                    (A) eliminate or reduce the minimum distance
                separations for third-adjacent channels required by
                paragraph (1)(A); or
                    (B) extend the eligibility for application for low-
                power FM stations beyond the organizations and entities
                as proposed in MM Docket No. 99-25 (47 CFR 73.853),
        except as expressly authorized by Act of Congress enacted after
        the date of the enactment of this Act.
            (3) Validity of prior actions.--Any license that was issued
        by the Commission to a low-power FM station prior to the date
        on which the Commission modify its rules as required by
        paragraph (1) and that does not comply with such modifications
        shall be invalid.
    (b) Further Evaluation of Need for Third-Adjacent Channel
Protections.--
            (1) Pilot program required.--The Federal Communications
        Commission shall conduct an experimental program to test
        whether low-power FM radio stations will result in harmful
        interference to existing FM radio stations if such stations are
        not subject to the minimum distance separations for third-
        adjacent channels required by subsection (a). The Commission
        shall conduct such test in no more than nine FM radio markets,
        including urban, suburban, and rural markets, by waiving the
        minimum distance separations for third-adjacent channels for
        the stations that are the subject of the experimental program.
        At least one of the stations shall be selected for the purpose
        of evaluating whether minimum distance separations for third-
        adjacent channels are needed for FM translator stations. The
        Commission may, consistent with the public interest, continue
        after the conclusion of the experimental program to waive the
        minimum distance separations for third-adjacent channels for
        the stations that are the subject of the experimental program.
            (2) Conduct of testing.--The Commission shall select an
        independent testing entity to conduct field tests in the
        markets of the stations in the experimental program under
        paragraph (1). Such field tests shall include--
                    (A) an opportunity for the public to comment on
                interference; and
                    (B) independent audience listening tests to
                determine what is objectionable and harmful
                interference to the average radio listener.
            (3) Report to congress.--The Commission shall publish the
        results of the experimental program and field tests and afford
        an opportunity for the public to comment on such results. The
        Federal Communications Commission shall submit a report on the
        experimental program and field tests to the Committee on
        Commerce of the House of Representatives and the Committee on
        Commerce, Science, and Transportation of the Senate not later
        than February 1, 2001. Such report shall include--
                    (A) an analysis of the experimental program and
                field tests and of the public comment received by the
                Commission;
                    (B) an evaluation of the impact of the modification
                or elimination of minimum distance separations for
                third-adjacent channels on--
                            (i) listening audiences;
                            (ii) incumbent FM radio broadcasters in
                        general, and on minority and small market
                        broadcasters in particular, including an
                        analysis of the economic impact on such
                        broadcasters;
                            (iii) the transition to digital radio for
                        terrestrial radio broadcasters;
                            (iv) stations that provide a reading
                        service for the blind to the public; and
                            (v) FM radio translator stations;
                    (C) the Commission's recommendations to the
                Congress to reduce or eliminate the minimum distance
                separations for third-adjacent channels required by
                subsection (a); and
                    (D) such other information and recommendations as
                the Commission considers appropriate.

Output:
Prohibits the FCC, without specific authorization by Congress, from: (1) eliminating or reducing such minimum distance separations for third-adjacent channels; or (2) extending the eligibility for low-power FM stations beyond those organizations and entities proposed in MM Docket No. 99-25.
Invalidates any previously issued low-power FM station license that does not comply with such rule modifications.
Directs the FCC to conduct an experimental program to test whether low- power FM stations will result in harmful interference to existing FM radio stations if such stations are not subject to the minimum distance separation requirements. Requires the FCC to: (1) publish test results and allow an opportunity for public comment; and (2) report test results and FCC recommendations on reducing or eliminating minimum distance standards to specified congressional committees.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Military Readiness Enhancement Act
of 2010''.

SEC. 2. PURPOSE.

    The purpose of this Act is to institute in the Armed Forces a
policy of nondiscrimination based on sexual orientation.

SEC. 3. REPEAL OF 1993 POLICY CONCERNING HOMOSEXUALITY IN THE ARMED
              FORCES.

    The following provisions of law are repealed:
            (1) Section 654 of title 10, United States Code.
            (2) Subsections (b), (c), and (d) of section 571 of the
        National Defense Authorization Act for Fiscal Year 1994 (10
        U.S.C. 654 note).

SEC. 4. ESTABLISHMENT OF POLICY OF NONDISCRIMINATION BASED ON SEXUAL
              ORIENTATION IN THE ARMED FORCES.

    (a) Establishment of Policy.--
            (1) In general.--Chapter 37 of title 10, United States
        Code, is amended by adding at the end the following new
        section:
``Sec. 656. Policy of nondiscrimination based on sexual orientation in
              the armed forces
    ``(a) Policy.--The Secretary of Defense, and the Secretary of
Homeland Security with respect to the Coast Guard when it is not
operating as a service in the Navy, may not discriminate on the basis
of sexual orientation against any member of the armed forces or against
any person seeking to become a member of the armed forces.
    ``(b) Discrimination on Basis of Sexual Orientation.--For purposes
of this section, discrimination on the basis of sexual orientation is--
            ``(1) in the case of a member of the armed forces, the
        taking of any personnel or administrative action (including any
        action relating to promotion, demotion, evaluation, selection
        for an award, selection for a duty assignment, transfer, or
        separation) in whole or in part on the basis of sexual
        orientation; and
            ``(2) in the case of a person seeking to become a member of
        the armed forces, denial of accession into the armed forces in
        whole or in part on the basis of sexual orientation.
    ``(c) Personnel and Administrative Policies and Action.--The
Secretary of Defense, and the Secretary of Homeland Security with
respect to the Coast Guard when it is not operating as a service in the
Navy, may not establish, implement, or apply any personnel or
administrative policy, or take any personnel or administrative action
(including any policy or action relating to promotions, demotions,
evaluations, selections for awards, selections for duty assignments,
transfers, or separations) in whole or in part on the basis of sexual
orientation.
    ``(d) Rules and Policies Regarding Conduct.--Nothing in this
section prohibits the Secretary of Defense, and the Secretary of
Homeland Security with respect to the Coast Guard when it is not
operating as a service in the Navy, from prescribing or enforcing
regulations governing the conduct of members of the armed forces if the
regulations are designed and applied without regard to sexual
orientation.
    ``(e) Re-Accession of Otherwise Qualified Persons Permitted.--Any
person separated from the armed forces on the basis of sexual
orientation in accordance with laws and regulations in effect before
the date of the enactment of this section, if otherwise qualified for
re-accession into the armed forces, shall not be prohibited from re-
accession into the armed forces on the sole basis of such separation.
    ``(f) Sexual Orientation.--In this section, the term `sexual
orientation' means heterosexuality, homosexuality, or bisexuality,
whether the orientation is real or perceived, and includes statements
and consensual sexual conduct that is not otherwise illegal manifesting
heterosexuality, homosexuality, or bisexuality.''.
            (2) Clerical amendments.--The table of sections at the
        beginning of chapter 37 of such title is amended--
                    (A) by striking the item relating to section 654;
                and
                    (B) by adding at the end the following new item:

``656. Policy of nondiscrimination based on sexual orientation in the
                            armed forces.''.
    (b) Conforming Amendments.--Title 10, United States Code, is
amended as follows:
            (1) Section 481 is amended--
                    (A) In subsection (a)(2), by inserting ``,
                including sexual orientation discrimination,'' after
                ``discrimination'' in subparagraphs (C) and (D); and
                    (B) in subsection (c), by inserting ``and sexual
                orientation-based'' after ``gender-based'' both places
                it appears.
            (2) Section 983(a)(1) is amended by striking ``(in
        accordance with section 654 of this title and other applicable
        Federal laws)''.
            (3) Section 1034(i)(3) is amended by inserting ``sexual
        orientation,'' after ``sex,''.

SEC. 5. BENEFITS.

    Nothing in this Act, or the amendments made by this Act, shall be
construed to require the furnishing of dependent benefits in violation
of section 7 of title 1, United States Code (relating to the
definitions of ``marriage'' and ``spouse'' and referred to as the
``Defense of Marriage Act'').

SEC. 6. NO PRIVATE CAUSE OF ACTION FOR DAMAGES.

    Nothing in this Act, or the amendments made by this Act, shall be
construed to create a private cause of action for damages.

SEC. 7. REVIEW AND IMPLEMENTATION.

    (a) Pentagon Working Group.--
            (1) Establishment.--The Secretary of Defense shall
        establish in the Department of Defense a working group (to be
        known as the ``Pentagon Working Group'') to make
        recommendations to the Secretary regarding the implementation
        of this Act and the amendments made by this Act.
            (2) Treatment of existing working group.--If there exists
        in the Department as of the date of the enactment of this Act a
        working group on recommendations regarding the repeal of
        section 654 of title 10, United States Code, the Secretary may
        treat the working group as the working group required by
        paragraph (1) for purposes of this section.
    (b) Working Group Recommendations.--
            (1) Submittal to secretary of defense.--Not later than 270
        days after the date of the enactment of this Act, the working
        group under subsection (a) shall submit to the Secretary of
        Defense a written report setting forth such recommendations as
        the working group considers appropriate for a revision of
        Department of Defense regulations, or the issuance of new
        regulations, to implement this Act and the amendments made by
        this Act.
            (2) Submittal to congress.--The report under paragraph (1)
        shall also be submitted to the Committees on Armed Services of
        the Senate and the House of Representatives.
    (c) Regulations.--
            (1) Revisions required.--Not later than 60 days after
        receipt of the report required by subsection (b)(1), the
        Secretary of Defense shall revise Department of Defense
        regulations, and shall issue such new regulations as may be
        necessary, to implement this Act and the amendments made by
        this Act. The Secretary of Defense shall further direct the
        Secretary of each military department to revise regulations of
        that military department in accordance with this Act, not later
        than 120 days after the Secretary of Defense receives the
        report required by subsection (b)(1).
            (2) Elements.--The revisions required by paragraph (1)
        shall include the following:
                    (A) Revision of all equal opportunity and human
                relations regulations, directives, and instructions to
                add sexual orientation nondiscrimination to the
                Department of Defense Equal Opportunity policy and to
                related human relations training programs.
                    (B) Revision of Department of Defense and military
                department personnel regulations to eliminate
                procedures for involuntary discharges based on sexual
                orientation.
                    (C) Revision of Department of Defense and military
                department regulations governing victims' advocacy
                programs to include sexual orientation discrimination
                among the forms of discrimination for which members of
                the Armed Forces and their families may seek
                assistance.
                    (D) Revision of any Department of Defense and
                military department regulations as necessary to ensure
                that regulations governing the personal conduct of
                members of the Armed Forces are written and enforced
                without regard to sexual orientation.
    (d) Sexual Orientation Defined.--In this section, the term ``sexual
orientation'' has the meaning given that term in section 656(f) of
title 10, United States Code, as added by section 4(a).

SEC. 8. REPORT.

    Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report
setting forth an assessment of the compliance of institutions of higher
education with section 983 of title 10, United States Code (as amended
by section 4(b)), and describing the actions, if any, taken by the
Secretary to effect the denial of funds authorized in that section to
an institution of higher education that continues to prohibit, or in
effect prevent, the Secretary or a military department from
maintaining, establishing, or operating a unit of the Senior Reserve
Officers' Training Corps at that institution (or any subelement of that
institution).

Output:
Military Readiness Enhancement Act of 2010 - Repeals current Department of Defense (DOD) policy concerning homosexuality in the Armed Forces.

Prohibits the Secretary of Defense (Secretary), and the Secretary of Homeland Security (DHS) with respect to the Coast Guard when it is not operating as a service in the Navy, from discriminating on the basis of sexual orientation against any member of the Armed Forces or any person seeking to become a member. Authorizes the re-accession into the Armed Forces of otherwise qualified individuals previously separated on the basis of sexual orientation.

Directs the Secretary to establish in DOD the Pentagon Working Group to report recommendations regarding the implementation of this Act. Requires such report to be submitted to the congressional defense committees.

Requires the Secretary to: (1) revise DOD regulations and issue new regulations as necessary to implement this Act; and (2) direct each military department Secretary to do the same.

Directs the Secretary to report on the compliance of institutions of higher education with federal law concerning the denial of access by such institutions to Reserve Officer Training Corps (ROTC) military recruiting on campus, as well as a description of actions taken to effect the denial of certain federal funding to institutions that continue to prevent ROTC access.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Putting Main Street FIRST Act'' or
as the ``Putting Main Street FIRST: Finishing Irresponsible Reckless
Speculative Trading Act''.

SEC. 2. TRANSACTION TAX.

    (a) In General.--Chapter 36 of the Internal Revenue Code of 1986 is
amended by inserting after subchapter B the following new subchapter:

              ``Subchapter C--Tax on Trading Transactions

``Sec. 4475. Tax on trading transactions.

``SEC. 4475. TAX ON TRADING TRANSACTIONS.

    ``(a) Imposition of Tax.--There is hereby imposed a tax on each
covered transaction with respect to any security.
    ``(b) Rate of Tax.--The tax imposed under subsection (a) with
respect to any covered transaction shall be 0.03 percent of the
specified base amount with respect to such covered transaction.
    ``(c) Specified Base Amount.--For purposes of this section, the
term `specified base amount' means--
            ``(1) except as provided in paragraph (2), the fair market
        value of a security (determined as of the time of the covered
        transaction), and
            ``(2) in the case of any payment with respect to a
        derivative, the amount of such payment.
    ``(d) Covered Transaction.--For purposes of this section--
            ``(1) In general.--The term `covered transaction' means--
                    ``(A) except as provided in subparagraph (B), any
                purchase if--
                            ``(i) such purchase occurs on, or is
                        subject to the rules of, a qualified board or
                        exchange located in the United States, or
                            ``(ii) the purchaser or seller is a United
                        States person, and
                    ``(B) any transaction with respect to a derivative
                if--
                            ``(i) such derivative is traded on, or is
                        subject to the rules of, a qualified board or
                        exchange located in the United States, or
                            ``(ii) any party with rights under such
                        derivative is a United States person.
            ``(2) Exceptions from tax.--
                    ``(A) Exception for initial issues.--No tax shall
                be imposed under subsection (a) on any covered
                transaction with respect to the initial issuance of any
                security described in subparagraph (A), (B), or (C) of
                subsection (e)(1).
                    ``(B) Exception for certain traded short-term
                indebtedness.--A note, bond, debenture, or other
                evidence of indebtedness which--
                            ``(i) is traded on, or is subject to the
                        rules of, a qualified board or exchange located
                        in the United States, and
                            ``(ii) has a fixed maturity of not more
                        than 100 days,
                shall not be treated as described in subsection
                (e)(1)(C).
    ``(e) Definitions.--For purposes of this section--
            ``(1) Security.--The term `security' means--
                    ``(A) any share of stock in a corporation,
                    ``(B) any partnership or beneficial ownership
                interest in a partnership or trust,
                    ``(C) any note, bond, debenture, or other evidence
                of indebtedness, and
                    ``(D) any derivative.
            ``(2) Derivative.--
                    ``(A) In general.--The term `derivative' means any
                contract (including any option, forward contract,
                futures contract, short position, swap, or similar
                contract) the value of which, or any payment or other
                transfer with respect to which, is (directly or
                indirectly) determined by reference to one or more of
                the following:
                            ``(i) Any security described in
                        subparagraph (A), (B), or (C) of paragraph (1).
                            ``(ii) Any commodity which is actively
                        traded (within the meaning of section
                        1092(d)(1)).
                            ``(iii) Any currency.
                            ``(iv) Any rate, price, amount, index,
                        formula, or algorithm.
                            ``(v) Any other item as the Secretary may
                        prescribe.
                Such term shall not include any item described in
                clauses (i) through (v).
                    ``(B) Exceptions from treatment as derivatives.--
                            ``(i) Securities lending, sale-repurchase,
                        and similar financing transactions.--To the
                        extent provided by the Secretary, the term
                        `derivative' shall not include the right to the
                        return of the same or substantially identical
                        securities transferred in a securities lending
                        transaction, sale-repurchase transaction, or
                        similar financing transaction.
                            ``(ii) Insurance contracts, annuities, and
                        endowments.--The term `derivative' shall not
                        include any insurance, annuity, or endowment
                        contract issued by an insurance company to
                        which subchapter L applies (or issued by any
                        foreign corporation to which such subchapter
                        would apply if such foreign corporation were a
                        domestic corporation).
            ``(3) Qualified board or exchange.--The term `qualified
        board or exchange' has the meaning given such term by section
        1256(g)(7).
    ``(f) By Whom Paid.--
            ``(1) In general.--The tax imposed by this section shall be
        paid by--
                    ``(A) in the case of a transaction which occurs on,
                or is subject to the rules of, a qualified board or
                exchange located in the United States, such qualified
                board or exchange, and
                    ``(B) in the case of a purchase not described in
                subparagraph (A) which is executed by a broker (as
                defined in section 6045(c)(1)) which is a United States
                person, such broker.
            ``(2) Special rules for direct, etc., transactions.--In the
        case of any transaction to which paragraph (1) does not apply,
        the tax imposed by this section shall be paid by--
                    ``(A) in the case of a transaction described in
                subsection (d)(1)(A)--
                            ``(i) the purchaser if the purchaser is a
                        United States person, and
                            ``(ii) the seller if the purchaser is not a
                        United States person, and
                    ``(B) in the case of a transaction described in
                subsection (d)(1)(B)--
                            ``(i) the payor if the payor is a United
                        States person, and
                            ``(ii) the payee if the payor is not a
                        United States person.
    ``(g) Treatment of Exchanges and Payments With Respect to
Derivatives.--For purposes of this section--
            ``(1) Treatment of exchanges.--
                    ``(A) In general.--An exchange shall be treated as
                the sale of the property transferred and a purchase of
                the property received by each party to the exchange.
                    ``(B) Certain deemed exchanges.--In the case of a
                distribution treated as an exchange for stock under
                section 302 or 331, the corporation making such
                distribution shall be treated as having purchased such
                stock for purposes of this section.
            ``(2) Payments with respect to derivatives treated as
        separate transactions.--Except as otherwise provided by the
        Secretary, any payment with respect any derivative shall be
        treated as a separate transaction for purposes of this section.
    ``(h) Application to Transactions by Controlled Foreign
Corporations.--
            ``(1) In general.--For purposes of this section, a
        controlled foreign corporation shall be treated as a United
        States person.
            ``(2) Special rules for payment of tax on direct, etc.,
        transactions.--In the case of any transaction which is a
        covered transaction solely by reason of paragraph (1) and which
        is not described in subsection (f)(1)--
                    ``(A) Payment by united states shareholders.--Any
                tax which would (but for this paragraph) be payable
                under subsection (f)(2) by the controlled foreign
                corporation shall, in lieu thereof, be paid by the
                United States shareholders of such controlled foreign
                corporation as provided in subparagraph (B).
                    ``(B) Pro rata shares.--Each such United States
                shareholder shall pay the same proportion of such tax
                as--
                            ``(i) the stock which such United States
                        shareholder owns (within the meaning of section
                        958(a)) in such controlled foreign corporation,
                        bears to
                            ``(ii) the stock so owned by all United
                        States shareholders in such controlled foreign
                        corporation.
                    ``(C) Definitions.--For purposes of this
                subsection, the terms `United States shareholder' and
                `controlled foreign corporation' have the meanings
                given such terms in sections 951(b) and 957(a),
                respectively.
    ``(i) Administration.--The Secretary shall carry out this section
in consultation with the Securities and Exchange Commission and the
Commodity Futures Trading Commission.
    ``(j) Guidance; Regulations.--The Secretary shall--
            ``(1) provide guidance regarding such information reporting
        concerning covered transactions as the Secretary deems
        appropriate, and
            ``(2) prescribe such regulations as are necessary or
        appropriate to prevent avoidance of the purposes of this
        section, including the use of non-United States persons in such
        transactions.''.
    (b) Credit With Respect to Certain Tax-Favored Accounts To Offset
Transaction Tax.--Subpart C of part IV of subchapter A of chapter 1 of
such Code is amended by inserting after section 36B the following new
section:

``SEC. 36C. OFFSET FOR TRANSACTION TAX ON CONTRIBUTIONS TO CERTAIN TAX-
              FAVORED ACCOUNTS.

    ``(a) In General.--There shall be allowed as a credit against the
tax imposed by this subtitle for the taxable year an amount equal to
0.03 percent of the qualified tax-favored account contributions of the
taxpayer for the taxable year.
    ``(b) Qualified Tax-Favored Account Contributions.--For purposes of
this section, the term `qualified tax-favored account contributions'
means, with respect to any taxable year, the sum of--
            ``(1) with respect to qualified retirement plans (as
        defined in section 4974(c)) of the taxpayer, the amount
        contributed to such plans for such taxable year to the extent
        that such contributions are allowable as a deduction or are
        excludable from gross income (or, in the case of a Roth IRA (as
        defined in section 408A(b)), the amount contributed),
            ``(2) with respect to Archer MSAs of the taxpayer, the
        amount allowed as a deduction under section 220 for such
        taxable year,
            ``(3) with respect to health savings accounts of the
        taxpayer, the amount allowed as a deduction under section 223
        for such taxable year, plus
            ``(4) with respect to qualified tuition programs (as
        defined in section 529), qualified ABLE programs (as defined in
        section 529A), and Coverdell education savings accounts (as
        defined in section 530), with respect to which the taxpayer is
        the designated beneficiary (or, in the case of a designated
        beneficiary with respect to whom another taxpayer is allowed a
        deduction under section 151, such other taxpayer in lieu of
        such designated beneficiary), the amount contributed for such
        taxable year.''.
    (c) Information Reporting With Respect to Controlled Foreign
Corporations.--Section 6038(a)(1)(B) of such Code is amended by
inserting ``and transactions which are covered transactions for
purposes of section 4475 by reason of the application of section
4475(h)(1) to such corporation'' before the semicolon at the end.
    (d) Conforming Amendments.--
            (1) Section 1324(b)(2) of title 31, United States Code, is
        amended by inserting ``, 36C'' after ``36B''.
            (2) The table of sections for subpart C of part IV of
        subchapter A of chapter 1 of the Internal Revenue Code of 1986
        is amended by inserting before the item relating to section 37
        the following new item:

``Sec. 36C. Offset for transaction tax on contributions to certain tax-
                            favored accounts.''.
            (3) The table of subchapters for chapter 36 of such Code is
        amended by inserting after the item relating to subchapter B
        the following new item:

             ``subchapter c. tax on trading transactions''.

    (e) Effective Date.--The amendments made by this section shall
apply to transactions after December 31, 2018.

Output: Putting Main Street FIRST Act or the Putting Main Street FIRST: Finishing Irresponsible Reckless Speculative Trading Act This bill amends the Internal Revenue Code to impose a .03% excise tax on the purchase of a security if: (1) such purchase occurs on, or is subject to the rules of, a qualified board or exchange located in the United States; or (2) the purchaser or seller is a U.S. person. A "security" includes: (1) any share of stock in a corporation, (2) any partnership or beneficial ownership interest in a partnership or trust; (3) any note, bond, debenture, or other evidence of indebtedness; and (4) derivatives that meet specified criteria.  The tax applies to transactions with respect to a derivative if: (1) the derivative is traded on, or is subject to the rules of, a qualified board or exchange located in the United States; or (2) any party with rights under the derivative is a U.S. person. The bill exempts from such tax: (1) initial issues of securities; and (2) any note, bond, debenture, or other evidence of indebtedness which is traded on or is subject to the rules of, a qualified board or exchange located in the United States, and has a fixed maturity of not more than 100 days.  The tax applies to transactions by a controlled foreign corporation and must be paid by its U.S. shareholders.  The bill allows an offset against such tax for contributions to certain tax-favored savings accounts.


Input:
SECTION 1. MODIFICATIONS OF TREATMENT OF QUALIFIED ZONE ACADEMY BONDS.

    (a) Proceeds of Bonds May Be Used for Construction.--Paragraph (5)
of section 1397E(d) of the Internal Revenue Code of 1986 (defining
qualified purpose) is amended--
            (1) by striking ``rehabilitating or repairing'' in
        subparagraph (A) and inserting ``constructing, rehabilitating,
        or repairing'', and
            (2) by redesignating subparagraphs (B), (C), and (D) as
        subparagraphs (C), (D), and (E), respectively, and by inserting
        after subparagraph (A) the following:
                    ``(B) acquiring the land on which the facility is
                to be constructed,''.
    (b) Repeal of Limitation on Taxpayers Eligible for Credit.--
            (1) In general.--Section 1397E(a) of such Code (relating to
        allowance of credit) is amended by striking ``an eligible
        taxpayer'' and inserting ``a taxpayer''.
            (2) Conforming amendment.--Section 1397E(d)(6) of such Code
        is amended to read as follows:
            ``(6) Bonds held by regulated investment companies.--If any
        qualified zone academy bond is held by a regulated investment
        company, the credit determined under subsection (a) shall be
        allowed to shareholders of such company under procedures
        prescribed by the Secretary.''
    (c) Credits May Be Stripped.--Section 1397E of such Code is amended
by adding at the end the following new subsection:
    ``(i) Credits May Be Stripped.--Under regulations prescribed by the
Secretary--
            ``(1) In general.--There may be a separation (including at
        issuance) of the ownership of a qualified zone academy bond and
        the entitlement to the credit under this section with respect
        to such bond. In case of any such separation, the credit under
        this section shall be allowed to the person who on the credit
        allowance date holds the instrument evidencing the entitlement
        to the credit and not to the holder of the bond.
            ``(2) Certain rules to apply.--In the case of a separation
        described in paragraph (1), the rules of section 1286 shall
        apply to the qualified zone academy bond as if it were a
        stripped bond and to the credit under this section as if it
        were a stripped coupon.''
    (d) Allocation of Credit Authority.--
            (1) Allocation of limitation.--Section 1397(e)(2) of the
        Internal Revenue Code of 1986 is amended to read as follows:
            ``(2) Allocation of limitation.--
                    ``(A) Allocation among states.--
                            ``(i) 1998, 1999, 2000, 2001, and 2002
                        limitations.--The national zone academy bond
                        limitations for calendar years 1998, 1999,
                        2000, 2001, and 2002 shall be allocated by the
                        Secretary among the States on the basis of
                        their respective populations of individuals
                        below the poverty line (as defined by the
                        Office of Management and Budget).
                            ``(ii) Limitation after 2002.--The national
                        zone academy bond limitation for any calendar
                        year after 2002 shall be allocated by the
                        Secretary among the States in proportion to the
                        respective amounts each such State received for
                        basic grants under subpart 2 of part A of title
                        I of the Elementary and Secondary Education Act
                        of 1965 (20 U.S.C. 6331 et seq.) for the most
                        recent fiscal year ending before such calendar
                        year.
                    ``(B) Allocation to local educational agencies.--
                The limitation amount allocated to a State under
                subparagraph (A) shall be allocated by the State to
                qualified zone academies within such State.
                    ``(C) Designation subject to limitation amount.--
                The maximum aggregate face amount of bonds issued
                during any calendar year which may be designated under
                subsection (a) with respect to any qualified zone
                academy shall not exceed the limitation amount
                allocated to such academy under subparagraph (B) for
                such calendar year.''
            (2) Unused authority.--Section 1397E(e) of such Code
        (relating to limitation on amount of bonds designated) is
        amended--
                    (A) by striking ``If'' in paragraph (4) and
                inserting ``Except as provided in paragraph (5), if'',
                and
                    (B) by adding at the end the following:
            ``(5) Reallocation for amounts unused for two years.--
        Notwithstanding paragraph (4), rules similar to the rules of
        section 42(h)(3)(D) shall apply for purposes of this section.''
    (e) Effective Dates.--
            (1) In general.--Except as otherwise provided in this
        subsection, the amendments made by this section shall apply to
        obligations issued after December 31, 2001.
            (2) Repeal of restriction on zone academy bond holders.--In
        the case of bonds to which section 1397E of the Internal
        Revenue Code of 1986 (as in effect before the date of the
        enactment of this Act) applies, the limitation of such section
        to eligible taxpayers (as defined in subsection (d)(6) of such
        section) shall not apply after the date of the enactment of
        this Act.

Output: Amends the Internal Revenue Code to include construction as a "qualified purpose" for the spending of a "qualified zone academy bond" (95 percent of such bond proceeds must be spent on a "qualified purpose").Allows the credit retained by a regulated investment company for its holding of a zone academy bond to be distributed to the company's shareholders. Permits such credits to be stripped.