Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Small Webcaster Settlement Act of
2002''.

SEC. 2. FINDINGS.

    Congress finds the following:
        (1) Some small webcasters who did not participate in the
    copyright arbitration royalty panel proceeding leading to the July
    8, 2002 order of the Librarian of Congress establishing rates and
    terms for certain digital performances and ephemeral reproductions
    of sound recordings, as provided in part 261 of the Code of Federal
    Regulations (published in the Federal Register on July 8, 2002)
    (referred to in this section as ``small webcasters''), have
    expressed reservations about the fee structure set forth in such
    order, and have expressed their desire for a fee based on a
    percentage of revenue.
        (2) Congress has strongly encouraged representatives of
    copyright owners of sound recordings and representatives of the
    small webcasters to engage in negotiations to arrive at an
    agreement that would include a fee based on a percentage of
    revenue.
        (3) The representatives have arrived at an agreement that they
    can accept in the extraordinary and unique circumstances here
    presented, specifically as to the small webcasters, their belief in
    their inability to pay the fees due pursuant to the July 8 order,
    and as to the copyright owners of sound recordings and performers,
    the strong encouragement of Congress to reach an accommodation with
    the small webcasters on an expedited basis.
        (4) The representatives have indicated that they do not believe
    the agreement provides for or in any way approximates fair or
    reasonable royalty rates and terms, or rates and terms that would
    have been negotiated in the marketplace between a willing buyer and
    a willing seller.
        (5) Congress has made no determination as to whether the
    agreement provides for or in any way approximates fair or
    reasonable fees and terms, or rates and terms that would have been
    negotiated in the marketplace between a willing buyer and a willing
    seller.
        (6) Congress likewise has made no determination as to whether
    the July 8 order is reasonable or arbitrary, and nothing in this
    Act shall be taken into account by the United States Court of
    Appeals for the District of Columbia Circuit in its review of such
    order.
        (7) It is, nevertheless, in the public interest for the parties
    to be able to enter into such an agreement without fear of
    liability for deviating from the fees and terms of the July 8
    order, if it is clear that the agreement will not be admissible as
    evidence or otherwise taken into account in any government
    proceeding involving the setting or adjustment of the royalties
    payable to copyright owners of sound recordings for the public
    performance or reproduction in ephemeral phonorecords or copies of
    such works, the determination of terms or conditions related
    thereto, or the establishment of notice or recordkeeping
    requirements.

SEC. 3. SUSPENSION OF CERTAIN PAYMENTS.

    (a) Noncommercial Webcasters.--
        (1) In general.--The payments to be made by noncommercial
    webcasters for the digital performance of sound recordings under
    section 114 of title 17, United States Code, and the making of
    ephemeral phonorecords under section 112 of title 17, United States
    Code, during the period beginning on October 28, 1998, and ending
    on May 31, 2003, which have not already been paid, shall not be due
    until June 20, 2003.
        (2) Definition.--In this subsection, the term ``noncommercial
    webcaster'' has the meaning given that term in section
    114(f)(5)(E)(i) of title 17, United States Code, as added by
    section 4 of this Act.
    (b) Small Commercial Webcasters.--
        (1) In general.--The receiving agent may, in a writing signed
    by an authorized representative thereof, delay the obligation of
    any 1 or more small commercial webcasters to make payments pursuant
    to sections 112 and 114 of title 17, United States Code, for a
    period determined by such entity to allow negotiations as permitted
    in section 4 of this Act, except that any such period shall end no
    later than December 15, 2002. The duration and terms of any such
    delay shall be as set forth in such writing.
        (2) Definitions.--In this subsection--
            (A) the term ``webcaster'' has the meaning given that term
        in section 114(f)(5)(E)(iii) of title 17, United States Code,
        as added by section 4 of this Act; and
            (B) the term ``receiving agent'' shall have the meaning
        given that term in section 261.2 of title 37, Code of Federal
        Regulations, as published in the Federal Register on July 8,
        2002.

SEC. 4. AUTHORIZATION FOR SETTLEMENTS.

    Section 114(f) of title 17, United States Code, is amended by
adding after paragraph (4) the following:
        ``(5)(A) Notwithstanding section 112(e) and the other
    provisions of this subsection, the receiving agent may enter into
    agreements for the reproduction and performance of sound recordings
    under section 112(e) and this section by any 1 or more small
    commercial webcasters or noncommercial webcasters during the period
    beginning on October 28, 1998, and ending on December 31, 2004,
    that, once published in the Federal Register pursuant to
    subparagraph (B), shall be binding on all copyright owners of sound
    recordings and other persons entitled to payment under this
    section, in lieu of any determination by a copyright arbitration
    royalty panel or decision by the Librarian of Congress. Any such
    agreement for small commercial webcasters shall include provisions
    for payment of royalties on the basis of a percentage of revenue or
    expenses, or both, and include a minimum fee. Any such agreement
    may include other terms and conditions, including requirements by
    which copyright owners may receive notice of the use of their sound
    recordings and under which records of such use shall be kept and
    made available by small commercial webcasters or noncommercial
    webcasters. The receiving agent shall be under no obligation to
    negotiate any such agreement. The receiving agent shall have no
    obligation to any copyright owner of sound recordings or any other
    person entitled to payment under this section in negotiating any
    such agreement, and no liability to any copyright owner of sound
    recordings or any other person entitled to payment under this
    section for having entered into such agreement.
        ``(B) The Copyright Office shall cause to be published in the
    Federal Register any agreement entered into pursuant to
    subparagraph (A). Such publication shall include a statement
    containing the substance of subparagraph (C). Such agreements shall
    not be included in the Code of Federal Regulations. Thereafter, the
    terms of such agreement shall be available, as an option, to any
    small commercial webcaster or noncommercial webcaster meeting the
    eligibility conditions of such agreement.
        ``(C) Neither subparagraph (A) nor any provisions of any
    agreement entered into pursuant to subparagraph (A), including any
    rate structure, fees, terms, conditions, or notice and
    recordkeeping requirements set forth therein, shall be admissible
    as evidence or otherwise taken into account in any administrative,
    judicial, or other government proceeding involving the setting or
    adjustment of the royalties payable for the public performance or
    reproduction in ephemeral phonorecords or copies of sound
    recordings, the determination of terms or conditions related
    thereto, or the establishment of notice or recordkeeping
    requirements by the Librarian of Congress under paragraph (4) or
    section 112(e)(4). It is the intent of Congress that any royalty
    rates, rate structure, definitions, terms, conditions, or notice
    and recordkeeping requirements, included in such agreements shall
    be considered as a compromise motivated by the unique business,
    economic and political circumstances of small webcasters, copyright
    owners, and performers rather than as matters that would have been
    negotiated in the marketplace between a willing buyer and a willing
    seller, or otherwise meet the objectives set forth in section
    801(b).
        ``(D) Nothing in the Small Webcaster Settlement Act of 2002 or
    any agreement entered into pursuant to subparagraph (A) shall be
    taken into account by the United States Court of Appeals for the
    District of Columbia Circuit in its review of the determination by
    the Librarian of Congress of July 8, 2002, of rates and terms for
    the digital performance of sound recordings and ephemeral
    recordings, pursuant to sections 112 and 114.
        ``(E) As used in this paragraph--
            ``(i) the term `noncommercial webcaster' means a webcaster
        that--
                ``(I) is exempt from taxation under section 501 of the
            Internal Revenue Code of 1986 (26 U.S.C. 501);
                ``(II) has applied in good faith to the Internal
            Revenue Service for exemption from taxation under section
            501 of the Internal Revenue Code and has a commercially
            reasonable expectation that such exemption shall be
            granted; or
                ``(III) is operated by a State or possession or any
            governmental entity or subordinate thereof, or by the
            United States or District of Columbia, for exclusively
            public purposes;
            ``(ii) the term `receiving agent' shall have the meaning
        given that term in section 261.2 of title 37, Code of Federal
        Regulations, as published in the Federal Register on July 8,
        2002; and
            ``(iii) the term `webcaster' means a person or entity that
        has obtained a compulsory license under section 112 or 114 and
        the implementing regulations therefor to make eligible
        nonsubscription transmissions and ephemeral recordings.
        ``(F) The authority to make settlements pursuant to
    subparagraph (A) shall expire December 15, 2002, except with
    respect to noncommercial webcasters for whom the authority shall
    expire May 31, 2003.''.

SEC. 5. DEDUCTIBILITY OF COSTS AND EXPENSES OF AGENTS AND DIRECT
              PAYMENT TO ARTISTS OF ROYALTIES FOR DIGITAL PERFORMANCES
              OF SOUND RECORDINGS.

    (a) Findings.--Congress finds that--
        (1) in the case of royalty payments from the licensing of
    digital transmissions of sound recordings under subsection (f) of
    section 114 of title 17, United States Code, the parties have
    voluntarily negotiated arrangements under which payments shall be
    made directly to featured recording artists and the administrators
    of the accounts provided in subsection (g)(2) of that section;
        (2) such voluntarily negotiated payment arrangements have been
    codified in regulations issued by the Librarian of Congress,
    currently found in section 261.4 of title 37, Code of Federal
    Regulations, as published in the Federal Register on July 8, 2002;
        (3) other regulations issued by the Librarian of Congress were
    inconsistent with the voluntarily negotiated arrangements by such
    parties concerning the deductibility of certain costs incurred for
    licensing and arbitration, and Congress is therefore restoring
    those terms as originally negotiated among the parties; and
        (4) in light of the special circumstances described in this
    subsection, the uncertainty created by the regulations issued by
    the Librarian of Congress, and the fact that all of the interested
    parties have reached agreement, the voluntarily negotiated
    arrangements agreed to among the parties are being codified.
    (b) Deductibility.--Section 114(g) of title 17, United States Code,
is amended by adding after paragraph (2) the following:
        ``(3) A nonprofit agent designated to distribute receipts from
    the licensing of transmissions in accordance with subsection (f)
    may deduct from any of its receipts, prior to the distribution of
    such receipts to any person or entity entitled thereto other than
    copyright owners and performers who have elected to receive
    royalties from another designated agent and have notified such
    nonprofit agent in writing of such election, the reasonable costs
    of such agent incurred after November 1, 1995, in--
            ``(A) the administration of the collection, distribution,
        and calculation of the royalties;
            ``(B) the settlement of disputes relating to the collection
        and calculation of the royalties; and
            ``(C) the licensing and enforcement of rights with respect
        to the making of ephemeral recordings and performances subject
        to licensing under section 112 and this section, including
        those incurred in participating in negotiations or arbitration
        proceedings under section 112 and this section, except that all
        costs incurred relating to the section 112 ephemeral recordings
        right may only be deducted from the royalties received pursuant
        to section 112.
        ``(4) Notwithstanding paragraph (3), any designated agent
    designated to distribute receipts from the licensing of
    transmissions in accordance with subsection (f) may deduct from any
    of its receipts, prior to the distribution of such receipts, the
    reasonable costs identified in paragraph (3) of such agent incurred
    after November 1, 1995, with respect to such copyright owners and
    performers who have entered with such agent a contractual
    relationship that specifies that such costs may be deducted from
    such royalty receipts.''.
    (c) Direct Payment to Artists.--Section 114(g)(2) of title 17,
United States Code, is amended to read as follows:
        ``(2) An agent designated to distribute receipts from the
    licensing of transmissions in accordance with subsection (f) shall
    distribute such receipts as follows:
            ``(A) 50 percent of the receipts shall be paid to the
        copyright owner of the exclusive right under section 106(6) of
        this title to publicly perform a sound recording by means of a
        digital audio transmission.
            ``(B) 2\1/2\ percent of the receipts shall be deposited in
        an escrow account managed by an independent administrator
        jointly appointed by copyright owners of sound recordings and
        the American Federation of Musicians (or any successor entity)
        to be distributed to nonfeatured musicians (whether or not
        members of the American Federation of Musicians) who have
        performed on sound recordings.
            ``(C) 2\1/2\ percent of the receipts shall be deposited in
        an escrow account managed by an independent administrator
        jointly appointed by copyright owners of sound recordings and
        the American Federation of Television and Radio Artists (or any
        successor entity) to be distributed to nonfeatured vocalists
        (whether or not members of the American Federation of
        Television and Radio Artists) who have performed on sound
        recordings.
            ``(D) 45 percent of the receipts shall be paid, on a per
        sound recording basis, to the recording artist or artists
        featured on such sound recording (or the persons conveying
        rights in the artists' performance in the sound recordings).''.

SEC. 6. REPORT TO CONGRESS.

    By not later than June 1, 2004, the Comptroller General of the
United States, in consultation with the Register of Copyrights, shall
conduct and submit to the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the Senate a
study concerning the economic arrangements among small commercial
webcasters covered by agreements entered into pursuant to section
114(f)(5)(A) of title 17, United States Code, as added by section 4 of
this Act, and third parties, and the effect of those arrangements on
royalty fees payable on a percentage of revenue or expense basis.

                               Speaker of the House of Representatives.

                            Vice President of the United States and
                                               President of the Senate.

Output: Small Webcaster Settlement Act of 2002 - (Sec. 3) Permits the suspension of certain payments by noncommercial webcasters. Defines webcasters as persons or entities with compulsory licenses under Federal copyright law to make eligible nonsubscription transmissions and ephemeral recordings. Defines noncommercial webcasters as webcasters who: (1) are exempt from taxation; (2) have applied for tax exemption and have a reasonable chance of obtaining it; or (3) are operated by a public body. Declares that all payments to be made by noncommercial webcasters under Federal copyright law for the digital performance of sound recordings and the making of ephemeral phonorecords during the period from October 28, 1998, to May 31, 2003, which have not already been paid, shall not be due until June 20, 2003.Allows a receiving agent (an agent designated by the Librarian of Congress to collect certain royalty payments that ultimately are given to copyright owners and performers) to delay the obligation of any one or more small commercial webcasters to make certain payments relating to sound recordings or ephemeral recordings for a period of time to allow negotiations to occur under this Act, except that any such period shall end no later than December 15, 2002.(Sec. 4) Authorizes a receiving agent to enter into agreements for the reproduction and performance of sound recordings by one or more small commercial webcasters or noncommercial webcasters during the period from October 28, 1998, to December 31, 2004. Declares that, once published in the Federal Register, such an agreement shall be binding on all copyright owners of sound recordings and other persons entitled to payment, in lieu of any determination by a copyright arbitration royalty panel or decision by the Librarian of Congress. Declares that any such agreement shall include provisions for payment of royalties on the basis of a percentage of revenue or expenses, or both, and a minimum fee. Permits other terms and conditions also to be included in such an agreement.Prohibits any such agreement or any of its provisions from being admissible as evidence or otherwise taken into account in any administrative, judicial, or government proceedings involving the setting or adjustment of royalties and related matters, including establishment of notice or recordkeeping requirements.Expresses the intent of Congress that any royalty rates, rate structure, definitions, terms, conditions, or notice and recordkeeping requirements included in such agreements shall be viewed as a unique compromise rather than as matters that would have been negotiated in the marketplace between a willing buyer and a willing seller.States that nothing in this Act or any agreement made under it shall be taken into account by the United States Court of Appeals for the District of Columbia Circuit in its review of the determination by the Librarian of Congress of July 8, 2002, of rates and terms for the digital performance of sound recordings and ephemeral recordings. Declares that the authority to make settlements under this Act shall expire on December 15, 2002, except that such authority for noncommercial webcasters shall expire on May 31, 2003.(Sec. 5) Authorizes a nonprofit agent designated to distribute receipts from the licensing of certain transmissions to deduct from any of its receipts, prior to their distribution to an entitled person, the reasonable costs of such agent incurred after November 1, 1995, for certain duties. Includes among such duties: (1) the administration of the collection, distribution, and calculation of the royalties, as well as settlement of related disputes; and (2) the licensing and enforcement of rights with respect to the making of ephemeral recordings and performances subject to licensing under this Act and other specified Federal law.Allows any agent designated to distribute receipts from the licensing of certain transmissions to deduct the reasonable costs with respect to copyright owners and performers who have entered with such agent a contractual relationship that specifies that such costs may be deducted from such royalty receipts.Modifies requirements for payments to artists. Shifts responsibility for distributing licensing receipts from the copyright owner to the designated agent. Adds the requirement that 50 percent of the licensing receipts be paid to the copyright owner of the exclusive right under Federal law to publicly perform a sound recording by means of a digital audio transmission.(Sec. 6) Directs the Comptroller General to study and report to specified congressional committees on the economic arrangements among small commercial webcasters covered by agreements entered into under this Act, and third parties, and the effect of those arrangements on royalty fees payable on a percentage of revenue or expense basis.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Community Integration Act of 2014''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Supreme Court's 1999 decision in Olmstead v. L.C.,
        527 U.S. 581 (1999), held that the unnecessary segregation of
        individuals with disabilities is a violation of the Americans
        with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
            (2) Under Olmstead, individuals generally have the right to
        receive their supports and services in home and community-based
        settings, rather than in institutional settings, if they so
        choose.
            (3) Olmstead envisioned that States would provide
        appropriate long-term services and supports to individuals with
        disabilities through home and community-based services and end
        forced segregation in nursing homes and other institutions.
            (4) While there has been progress in rebalancing State
        spending on individuals with disabilities in institutions as
        compared to home and community-based settings, more than 75
        percent of States continue to spend the majority of their long-
        term care dollars on nursing homes and other institutional
        settings, and the number of individuals with disabilities under
        age 65 in nursing homes increased between 2008 and 2012.
            (5) As of June 2013, there were more than 200,000
        individuals younger than age 65 in nursing homes--almost 16
        percent of the total nursing home population.
            (6) Thirty-eight studies published from 2005 to 2012
        concluded that providing services in home and community-based
        settings is less costly than providing care in a nursing home
        or other institutional setting.
            (7) No clear or centralized reporting system exists to
        compare how effectively States are meeting the Olmstead
        mandate.

SEC. 3. ENSURING MEDICAID BENEFICIARIES MAY ELECT TO RECEIVE CARE IN A
              HOME AND COMMUNITY-BASED SETTING.

    (a) In General.--Section 1902(a) of the Social Security Act (42
U.S.C. 1396a(a)) is amended--
            (1) in paragraph (80), by striking ``and'' at the end;
            (2) in paragraph (81), by striking the period and inserting
        ``; and''; and
            (3) by inserting after paragraph (81) the following new
        paragraph:
            ``(82) in the case of any individual with respect to whom
        there has been a determination that the individual requires the
        level of care provided in a nursing facility, intermediate care
        facility for the mentally retarded, institution for mental
        disease, or other similarly restrictive or institutional
        setting--
                    ``(A) provide the individual with the choice and
                opportunity to receive such care in a home and
                community-based setting, including rehabilitative
                services, assistance and support in accomplishing
                activities of daily living, instrumental activities of
                daily living, and health-related tasks, and assistance
                in acquiring, maintaining, or enhancing skills
                necessary to accomplish such activities, tasks, or
                services;
                    ``(B) ensure that each such individual has an equal
                opportunity (when compared to the receipt and
                availability of nursing facility services) to receive
                care in a home and community-based setting, if the
                individual so chooses, by ensuring that the provision
                of such care in a home and community-based setting is
                widely available on a statewide basis for all such
                individuals within the State; and
                    ``(C) meet the requirements of section 1904A
                (relating to the provision of care in a home and
                community-based setting).''.
    (b) Requirements for Community Care Options.--Title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.) is amended by inserting
after section 1904 the following new section:

         ``provisions related to home and community-based care

    ``Sec. 1904A.  (a) Definitions.--For purposes of this section,
section 1902(a)(82), and section 1905(a)(4)(A):
            ``(1) Activities of daily living.--The term `activities of
        daily living' includes, but is not limited to, tasks such as
        eating, toileting, grooming, dressing, bathing, and
        transferring.
            ``(2) Health-related tasks.--The term `health-related
        tasks' means specific tasks related to the needs of an
        individual, including, but not limited to, bowel or bladder
        care, wound care, use and care of ventilators and feeding
        tubes, and the administration of medications and injections,
        which, in the opinion of the individual's physician, can be
        delegated to be performed by an attendant.
            ``(3) Home and community-based setting.--The term `home and
        community-based setting' means, with respect to an individual
        who requires a level of care provided in a nursing facility,
        intermediate care facility for the mentally retarded,
        institution for mental disease, or other similarly restrictive
        or institutional setting, a setting that--
                    ``(A) includes a house, apartment, townhouse,
                condominium, or similar public or private housing where
                the individual resides that--
                            ``(i) is owned or leased by the individual
                        or a member of the individual's family;
                            ``(ii) ensures the individual's privacy,
                        dignity, respect, and freedom from coercion;
                        and
                            ``(iii) maximizes the individual's autonomy
                        and independence;
                    ``(B) is integrated in, and provides access to, the
                general community in which the setting is located so
                that the individual has access to the community and
                opportunities to seek employment and work in
                competitive integrated settings, participate in
                community life, control and utilize personal resources,
                benefit from community services, and participate in the
                community in an overall manner that is comparable to
                that available to individuals who are not individuals
                with disabilities; and
                    ``(C) has the services and supports that the
                individual needs in order to live as independently as
                possible.
            ``(4) Instrumental activities of daily living.--The term
        `instrumental activities of daily living' means activities
        related to living independently in the community and includes,
        but is not limited to, meal planning and preparation, managing
        finances, shopping for food, clothing, and other items,
        performing household chores, communicating by phone or other
        media, and traveling around and participating in the community.
            ``(5) Public entity.--The term `public entity' means a
        public entity as defined in subparagraphs (A) and (B) of
        section 201(1) of the Americans with Disabilities Act of 1990.
    ``(b) Requirements for Providing Services in Home and Community-
Based Settings.--With respect to the availability and provision of
services under the State plan under this title, or under any waiver of
State plan requirements (subject to section 3(d) of the Community
Integration Act of 2014), in a home and community-based setting to any
individual who requires a level of care provided in a nursing facility,
intermediate care facility for the mentally retarded, institution for
mental disease, or other similarly restrictive or institutional
setting, any public entity that receives payment under the State plan
or waiver for providing services to such an individual shall not--
            ``(1) impose or utilize policies, practices, or procedures,
        such as unnecessary requirements or arbitrary service or cost
        caps, that limit the availability of services in home and
        community-based settings to an individual with a disability
        (including individuals with the most significant disabilities)
        who need such services;
            ``(2) impose or utilize policies, practices, or procedures
        that limit the availability of services in a home and
        community-based setting (including assistance and support in
        accomplishing activities of daily living, instrumental
        activities of daily living, health-related tasks, and
        rehabilitative services) based on the specific disability of an
        otherwise eligible individual;
            ``(3) impose or utilize policies, practices, or procedures
        that arbitrarily restrict an individual with a disability from
        full and meaningful participation in community life;
            ``(4) impose or utilize policies, practices, or procedures
        that unnecessarily delay or restrict the provision of services
        in a home and community-based setting to any individual who
        requires such services;
            ``(5) fail to establish and utilize adequate payment
        structures to maintain a sufficient workforce to provide
        services in home and community-based settings to any individual
        who requires such services;
            ``(6) fail to provide information, on an ongoing basis, to
        help any individual who receives care in a nursing facility,
        intermediate care facility for the mentally retarded,
        institution for mental disease, or other similarly restrictive
        or institutional setting, understand the individual's right to
        choose to receive such care in a home and community-based
        setting; or
            ``(7) fail to provide information to help any individual
        that requires the level of care provided in a nursing facility,
        intermediate care facility for the mentally retarded,
        institution for mental disease, or other similarly restrictive
        or institutional setting, prior to the individual's placement
        in such a facility or institution, understand the individual's
        right to choose to receive such care in a home and community-
        based setting.
    ``(c) Plan To Increase Affordable and Accessible Housing.--Not
later than 180 days after the enactment of this section, each State
shall develop a statewide plan to increase the availability of
affordable and accessible private and public housing stock for
individuals with disabilities (including accessible housing for
individuals with physical disabilities and those using mobility
devices).
    ``(d) Availability of Remedies and Procedures.--
            ``(1) In general.--The remedies and procedures set forth in
        sections 203 and 505 of the Americans with Disabilities Act of
        1990 shall be available to any person aggrieved by the failure
        of--
                    ``(A) a State to comply with this section or
                section 1902(a)(82); or
                    ``(B) a public entity (including a State) to comply
                with the requirements of subsection (b).
            ``(2) Rule of construction.--Nothing in paragraph (1) shall
        be construed to limit any remedy or right of action that
        otherwise is available to an aggrieved person under this title.
    ``(e) Enforcement by the Secretary.--
            ``(1) In general.--The Secretary may reduce the Federal
        matching assistance percentage applicable to the State (as
        determined under section 1905(b)) if the Secretary determines
        that the State has violated the requirements of subsection (b).
            ``(2) Rule of construction.--Nothing in paragraph (1) shall
        be construed to limit any remedy or right of action that is
        otherwise available to the Secretary.
    ``(f) Reporting Requirements.--With respect to fiscal year 2016,
and for each fiscal year thereafter, each State shall submit to the
Administrator of the Administration for Community Living of the
Department of Health and Human Services, not later than April 1 of the
succeeding fiscal year, a report, in such form and manner as the
Secretary shall require, that includes--
            ``(1) the total number of individuals enrolled in the State
        plan or under a waiver of the plan during such fiscal year that
        required the level of care provided in a nursing facility,
        intermediate care facility for the mentally retarded,
        institution for mental disease, or other similarly restrictive
        or institutional setting, disaggregated by the type of facility
        or setting;
            ``(2) with respect to the total number described in
        paragraph (1), the total number of individuals described in
        that paragraph who received care in a nursing facility,
        intermediate care facility for the mentally retarded,
        institution for mental disease, or other similarly restrictive
        or institutional setting, disaggregated by the type of facility
        or setting; and
            ``(3) with respect to the total number described in
        paragraph (2), the total number of individuals described in
        that paragraph who were transitioned from a nursing facility,
        intermediate care facility for the mentally retarded,
        institution for mental disease, or other similarly restrictive
        or institutional setting to a home and community-based setting,
        disaggregated by the type of home and community-based
        setting.''.
    (c) Inclusion as a Mandatory Service.--Section 1905(a)(4)(A) of the
Social Security Act (42 U.S.C. 1396d(a)(4)(A)) is amended by striking
``other than'' and inserting ``including similar services such as
rehabilitative services and assistance and support in accomplishing
activities of daily living, instrumental activities of daily living,
and health-related tasks, that are provided, at the individual's
option, in a home and community-based setting (as defined in section
1904A(a)(3)), but not including''.
    (d) Application to Waivers.--Notwithstanding section 1904A of the
Social Security Act (as added by subsection (b)), such section, and
sections 1902(a)(82), and 1905(a)(4)(A) of the Social Security Act (42
U.S.C. 1396 et seq.), as amended by subsections (a) and (c),
respectively, shall not apply to any individuals who are eligible for
medical assistance for home and community-based services under a waiver
under section 1115 or 1915 of the Social Security Act (42 U.S.C. 1315,
1396n) and who are receiving such services, to the extent such sections
(as so added or amended) are inconsistent with any such waiver.
    (e) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the
        amendments made by this section shall take effect on October 1,
        2014.
            (2) Delay permitted if state legislation required.--In the
        case of a State plan under section 1902 of the Social Security
        Act (42 U.S.C. 1396a) which the Secretary of Health and Human
        Services determines requires State legislation (other than
        legislation appropriating funds) in order for the plan to meet
        the additional requirements imposed by the amendments made by
        this section, the State plan shall not be regarded as failing
        to comply with the requirements of such section 1902 solely on
        the basis of the failure of the plan to meet such additional
        requirements before the 1st day of the 1st calendar quarter
        beginning after the close of the 1st regular session of the
        State legislature that begins after the date of enactment of
        this Act. For purposes of the previous sentence, in the case of
        a State that has a 2-year legislative session, each year of
        such session shall be deemed to be a separate regular session
        of the State legislature.

Output: Community Integration Act of 2014 - Amends title XIX (Medicaid) of the Social Security Act to require state Medicaid plans to give an individual with disabilities needing the level of care provided in an institutional setting the choice and opportunity to receive such care in a home and community-based setting, including rehabilitative services, assistance and support in accomplishing activities of daily living, instrumental activities of daily living, and health-related tasks, and assistance in acquiring, maintaining, or enhancing skills necessary to accomplish such activities, tasks, or services. Prescribes requirements for providing in home and community-based settings those services such an individual would otherwise receive in an institutional setting, such as a nursing facility, intermediate care facility for the mentally retarded, institution for mental disease, or other similarly restrictive or institutional setting.


Input:
SECTION 1. PROPER TAX TREATMENT OF CERTAIN FINANCIAL INDEBTEDNESS
              DISCHARGED IN 2009 OR 2010.

    (a) In General.--Section 108(a)(1) of the Internal Revenue Code of
1986 (relating to exclusion from gross income) is amended by striking
``or'' at the end of subparagraph (D), by striking the period at the
end of subparagraph (E) and inserting ``, or'' and by adding at the end
the following new subparagraph:
                    ``(F) the indebtedness discharged is applicable
                financial indebtedness which is discharged after
                December 31, 2008, and before January 1, 2011.''.
    (b) Applicable Financial Indebtedness.--Section 108 of such Code is
amended by adding at the end the following new subsection:
    ``(i) Definitions and Rules Relating to Applicable Financial
Indebtedness.--For purposes of subsection (a)(1)(F)--
            ``(1) Applicable financial indebtedness.--The term
        `applicable financial indebtedness' means indebtedness--
                    ``(A) which was originally issued by a corporation,
                or by a partnership engaged in a trade or business
                (other than a trade or business of trading in stocks or
                securities for the partnership's own account), and
                    ``(B) which is--
                            ``(i) indebtedness originally issued or
                        syndicated by a financial institution (as
                        defined in section 582(c)(2) without regard to
                        subparagraph (C) thereof) or a depository
                        institution holding company (as defined in
                        section 3(w)(1) of the Federal Deposit
                        Insurance Act (12 U.S.C. 1813(w)(1)),
                            ``(ii) indebtedness which--
                                    ``(I) constitutes a security within
                                the meaning of the Securities Act of
                                1933, and
                                    ``(II) was originally issued
                                pursuant to a registration statement
                                that was declared effective under such
                                Act or pursuant to an exemption from,
                                or in a transaction not subject to, the
                                registration requirements of such Act,
                                or
                            ``(iii) indebtedness that is traded on an
                        established market (within the meaning of
                        section 1273(b)(3)).
            ``(2) Applicable discharges.--Subsection (a)(1)(F) shall
        only apply to a discharge of applicable financial indebtedness
        if such discharge is by reason of--
                    ``(A) the acquisition of the indebtedness by the
                issuer of the indebtedness,
                    ``(B) the acquisition of the indebtedness of the
                issuer by a person related, or who becomes related, to
                the issuer of the indebtedness from a person who is not
                related to the issuer, or
                    ``(C) the significant modification of the
                indebtedness (within the meaning of section 1001).
        For purposes of subparagraph (B), the determination of whether
        a person is related to another person shall be made in the same
        manner as under subsection (e)(4).''.
    (c) Coordination of Exclusions.--Section 108(a)(2) of such Code is
amended--
            (1) by striking ``and (E)'' in subparagraph (A) and
        inserting ``(E), and (F)'', and
            (2) by adding at the end the following new subparagraph:
                    ``(D) Financial indebtedness exclusion takes
                precedence over insolvency exclusion unless elected
                otherwise.--Paragraph (1)(B) shall not apply to a
                discharge to which paragraph (1)(F) applies unless the
                taxpayer elects to apply paragraph (1)(B) in lieu of
                paragraph (1)(F).''.
    (d) Earnings and Profits.--Section 312(l) of such Code is amended
by adding at the end the following new paragraph:
            ``(3) Discharge of certain financial indebtedness.--The
        earnings and profits of a corporation shall not include income
        from a discharge of indebtedness to which section 108(a)(1)(F)
        applies.''.
    (e) Other Special Rules.--
            (1) Treatment as market discount bond.--For purposes of the
        Internal Revenue Code of 1986, any indebtedness acquired in a
        transaction described in section 108(i)(2)(B) of such Code (as
        added by subsection (b)), or received pursuant to an exchange
        arising from a transaction described in section 108(i)(2)(C) of
        such Code (as so added), shall be treated as a market discount
        bond (within the meaning of section 1278(a)(1) of such Code)
        having market discount equal to the amount (if any) which, but
        for section 108(a)(1)(F) of such Code (as added by subsection
        (a)), would have been includible in gross income by reason of
        the discharge of such indebtedness in any such transaction.
            (2) Acquisitions by foreign persons.--Any interest (or
        original issue discount) paid or accrued after December 31,
        2008, and before January 1, 2011, on indebtedness which is
        described in section 108(a)(1)(F) of such Code by reason of the
        acquisition of such indebtedness by a foreign person or by a
        partnership (or other pass-through entity) in which a foreign
        person is a partner (or other profits or capital owner) shall
        not be subject to sections 871(h)(3), 881(c)(3)(B) or
        881(c)(3)(C) of such Code.

Output: Amends the Internal Revenue Code to allow an exclusion from gross income for income attributable to the discharge of indebtedness relating to securities issued by certain financial entities and discharged after December 31, 2008, and before January 1, 2011.


Input:
OF BOUNDARY CONFLICTS, VICINITY OF MARK TWAIN
NATIONAL FOREST, BARRY AND STONE COUNTIES, MISSOURI.
    (a) Definitions.--In this section:
        (1) The term ``appropriate Secretary'' means the Secretary of
    the Army or the Secretary of Agriculture.
        (2) The term ``boundary conflict'' means the situation in which
    the private claim of ownership to certain lands, based on
    subsequent Federal land surveys, overlaps or conflicts with Federal
    ownership of the same lands.
        (3) The term ``Federal land surveys'' means any land survey
    made by any agency or department of the Federal Government using
    Federal employees, or by Federal contract with State-licensed
    private land surveyors or corporations and businesses licensed to
    provide professional land surveying services in the State of
    Missouri for Table Rock Reservoir.
        (4) The term ``original land surveys'' means the land surveys
    made by the United States General Land Office as part of the Public
    Land Survey System in the State of Missouri, and upon which
    Government land patents were issued conveying the land.
        (5) The term ``Public Land Survey System'' means the
    rectangular system of original Government land surveys made by the
    United States General Land Office and its successor, the Bureau of
    Land Management, under Federal laws providing for the survey of the
    public lands upon which the original land patents were issued.
        (6) The term ``qualifying claimant'' means a private owner of
    real property in Barry or Stone County, Missouri, who has a
    boundary conflict as a result of good faith and innocent reliance
    on subsequent Federal land surveys, and as a result of such
    reliance, has occupied or improved Federal lands administered by
    the appropriate Secretary.
        (7) The term ``subsequent Federal land surveys'' means any
    Federal land surveys made after the original land surveys that are
    inconsistent with the Public Land Survey System.
    (b) Resolution of Boundary Conflicts.--The Secretary of the Army
and the Secretary of Agriculture shall cooperatively undertake actions
to rectify boundary conflicts and landownership claims against Federal
lands resulting from subsequent Federal land surveys and correctly
reestablish the corners of the Public Land Survey System in Barry and
Stone Counties, Missouri, and shall attempt to do so in a manner which
imposes the least cost and inconvenience to affected private
landowners.
    (c) Notice of Boundary Conflict.--
        (1) Submission and contents.--A qualifying claimant shall
    notify the appropriate Secretary in writing of a claim that a
    boundary conflict exists with Federal land administered by the
    appropriate Secretary. The notice shall be accompanied by the
    following information, which, except as provided in subsection
    (e)(2)(B), shall be provided without cost to the United States:
            (A) A land survey plat and legal description of the
        affected Federal lands, which are based upon a land survey
        completed and certified by a Missouri State-licensed
        professional land surveyor and done in conformity with the
        Public Land Survey System and in compliance with the applicable
        State and Federal land surveying laws.
            (B) Information relating to the claim of ownership of the
        Federal lands, including supporting documentation showing that
        the landowner relied on a subsequent Federal land survey due to
        actions by the Federal Government in making or approving
        surveys for the Table Rock Reservoir.
        (2) Deadline for submission.--To obtain relief under this
    section, a qualifying claimant shall submit the notice and
    information required by paragraph (1) within 15 years after the
    date of the enactment of this Act.
    (d) Resolution Authorities.--In addition to using existing
authorities, the appropriate Secretary is authorized to take any of the
following actions in order to resolve boundary conflicts with
qualifying claimants involving lands under the administrative
jurisdiction of the appropriate Secretary:
        (1) Convey by quitclaim deed right, title, and interest in land
    of the United States subject to a boundary conflict consistent with
    the rights, title, and interest associated with the privately-owned
    land from which a qualifying claimant has based a claim.
        (2) Confirm Federal title to, and retain in Federal management,
    any land subject to a boundary conflict, if the appropriate
    Secretary determines that there are Federal interests, including
    improvements, authorized uses, easements, hazardous materials, or
    historical and cultural resources, on the land that necessitates
    retention of the land or interests in land.
        (3) Compensate the qualifying claimant for the value of the
    overlapping property for which title is confirmed and retained in
    Federal management pursuant to paragraph (2).
    (e) Consideration and Cost.--
        (1) Conveyance without consideration.--The conveyance of land
    under subsection (d)(1) shall be made without consideration.
        (2) Costs.--The appropriate Secretary shall--
            (A) pay administrative, personnel, and any other costs
        associated with the implementation of this section by his or
        her Department, including the costs of survey, marking, and
        monumenting property lines and corners; and
            (B) reimburse the qualifying claimant for reasonable out-
        of-pocket survey costs necessary to establish a claim under
        this section.
        (3) Valuation.--Compensation paid to a qualifying claimant
    pursuant to subsection (d)(3) for land retained in Federal
    ownership pursuant to subsection (d)(2) shall be valued on the
    basis of the contributory value of the tract of land to the larger
    adjoining private parcel and not on the basis of the land being a
    separate tract. The appropriate Secretary shall not consider the
    value of any Federal improvements to the land. The appropriate
    Secretary shall be responsible for compensation provided as a
    result of subsequent Federal land surveys conducted or commissioned
    by the appropriate Secretary's Department.
    (f) Preexisting Conditions; Reservations; Existing Rights and
Uses.--
        (1) Preexisting conditions.--The appropriate Secretary shall
    not compensate a qualifying claimant or any other person for any
    preexisting condition or reduction in value of any land subject to
    a boundary conflict because of any existing or outstanding permits,
    use authorizations, reservations, timber removal, or other land use
    or condition.
        (2) Existing reservations and rights and uses.--Any conveyance
    pursuant to subsection (d)(1) shall be subject to--
            (A) reservations for existing public uses for roads,
        utilities, and facilities; and
            (B) permits, rights-of-way, contracts and any other
        authorization to use the property.
        (3) Treatment of land subject to special use authorization or
    permit.--For any land subject to a special use authorization or
    permit for access or utilities, the appropriate Secretary may
    convert, at the request of the holder, such authorization to a
    permanent easement prior to any conveyance pursuant to subsection
    (d)(1).
        (4) Future reservations.--The appropriate Secretary may reserve
    rights for future public uses in a conveyance made pursuant to
    subsection (d)(1) if the qualifying claimant is compensated for the
    reservation in cash or in land of equal value.
        (5) Hazardous substances.--The requirements of section 120(h)
    of the Comprehensive Environmental Response, Compensation, and
    Liability Act (42 U.S.C. 9620(h)) shall not apply to conveyances or
    transfers of jurisdiction pursuant to subsection (d), but the
    United States shall continue to be liable for the cleanup costs of
    any hazardous substances on the lands so conveyed or transferred if
    the contamination by hazardous substances is caused by actions of
    the United States or its agents.
    (g) Relation to Other Conveyance Authority.--Nothing in this
section affects the Quiet Title Act (28 U.S.C. 2409a) or other
applicable law, or affects the exchange and disposal authorities of the
Secretary of Agriculture, including the Small Tracts Act (16 U.S.C.
521c), or the exchange and disposal authorities of the Secretary of the
Army.
    (h) Additional Terms and Conditions.--The appropriate Secretary may
require such additional terms and conditions in connection with a
conveyance under subsection (d)(1) as the Secretary considers
appropriate to protect the interests of the United States.
    (i) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out the purposes of
this Act.

                               Speaker of the House of Representatives.

                            Vice President of the United States and
                                               President of the Senate.

Output:
Establishes procedures for resolving the status of Federal land in Barry and Stone Counties, Missouri, claimed by private property owners based on land surveys subsequent to the Public Land Survey System land surveys upon which the original land patents were issued. Directs the Secretary of the Army and the Secretary of Agriculture to rectify boundary conflicts and landownership claims against Federal lands resulting from subsequent Federal land surveys and correctly reestablish the corners of the System in such counties and to attempt to do so in a manner that imposes the least cost and inconvenience to affected private landowners. Requires qualifying claimants to submit notice and information relating to the claim of ownership of the Federal lands to the Secretary of the Army or the Secretary of Agriculture (as appropriate) within 15 years of enactment of this Act.

Authorizes the appropriate Secretary, in addition to using existing authorities, to take any of the following actions to resolve boundary conflicts: (1) convey by quitclaim deed right, title, and interest in the disputed Federal land; (2) if there are Federal interests in such land, confirm Federal title to it and retain it in Federal management; and (3) compensate the qualifying claimant where title is confirmed and retained pursuant to item (2).

Requires conveyance of land under this Act without consideration. Requires the appropriate Secretary to pay costs (of such Secretary's Department) associated with the resolution of boundary disputes pursuant to this Act and to reimburse qualifying claimants for survey costs necessary to establish a claim. Makes the appropriate Secretary responsible for compensation provided as a result of subsequent Federal land surveys conducted or commissioned by such Secretary's Department.

Provides that the requirements of the Comprehensive Environmental Response, Compensation, and Liability Act regarding the transfer of real property by Federal agencies which is owned by the United States and on which any hazardous substance was stored for at least a year and was known to have been released or disposed of shall not apply to conveyances or transfers of jurisdiction pursuant to this Act, but the United States shall continue to be liable for cleanup costs of any hazardous substances on the lands so conveyed or transferred if the contamination by such substances is caused by Federal actions.

Establishes rules for the treatment of preexisting conditions, existing reservations, and existing rights and uses.

Authorizes appropriations.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Video Choice Act of 2005''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Cable rates continue to rise substantially faster than
        the overall rate of inflation.
            (2) Wire-based competition in video services is limited to
        very few markets. According to the Federal Communications
        Commission, only 2 percent of all cable subscribers have the
        opportunity to choose between 2 or more wire-based video
        service providers.
            (3) It is only through wire-based video competition that
        price competition exists. The Government Accountability Office
        has confirmed that where wire-based competition exists, cable
        rates are 15 percent lower than in markets without competition.
            (4) It is in the public interest to further wire-based
        competition in the video services market in order to provide
        greater consumer choice and lower prices for video services.
            (5) To spur competition in the communications industry,
        Congress has decreased the regulatory burden on new entrants,
        thereby increasing entry into the market and creating
        competition.
            (6) The United States continues to fall behind in broadband
        deployment rates. According to a recent study by the
        International Telecommunications Union, the United States is
        now ranked 16th in the world in broadband deployment.
            (7) The deployment of advanced high capacity networks would
        greatly spur economic development in rural America.
            (8) The deployment of advanced networks that can offer
        substantially higher capacity are critical to the long-term
        competitiveness of the United States.

SEC. 3. AMENDMENT TO COMMUNICATIONS ACT.

    Title VI of the Communication Act of 1934 (47 U.S.C. 521 et seq.)
is amended by adding at the end the following:

                        ``PART VI--VIDEO CHOICE

``SEC. 661. DEFINITION.

    ``In this part, the term `competitive video services provider'
means any provider of video programming, interactive on-demand
services, other programming services, or any other video services who
has any right, permission, or authority to access public rights-of-way
independent of any cable franchise obtained pursuant to section 621 or
pursuant to any other Federal, State, or local law.

``SEC. 662. REGULATORY FRAMEWORK.

    ``(a) Redundant Franchises Prohibited.--Notwithstanding any other
provision of this Act, no competitive video services provider may be
required, whether pursuant to section 621 or to any other provision of
Federal, State, or local law, to obtain a franchise in order to provide
any video programming, interactive on-demand services, other
programming services, or any other video services in any area where
such provider has any right, permission, or authority to access public
rights-of-way independent of any cable franchise obtained pursuant to
section 621 or pursuant to any other Federal, State, or local law.
    ``(b) Fees.--
            ``(1) In general.--Any competitive video services provider
        who provides a service that otherwise would qualify as a cable
        service provided over a cable system shall be subject to the
        payment of fees to a local franchise authority based on the
        gross revenues of such provider that are attributable to the
        provision of such service within such provider's service area.
            ``(2) Considerations.--In determining the fees required by
        this subsection--
                    ``(A)(i) the rate at which fees are imposed shall
                not exceed the rate at which franchise fees are imposed
                on any cable operator providing cable service in the
                franchise area, as determined in accordance with
                section 622 and any related regulations; or
                    ``(ii) in any jurisdiction in which no cable
                operator provides service, the rate at which franchise
                fees are imposed shall not exceed the statewide
                average; and
                    ``(B) the only revenues that shall be considered
                are those attributable to services that would be
                considered in calculating franchise fees if such
                provider were deemed a cable operator for purposes of
                section 622 and any related regulations.
            ``(3) Billing.--A competitive video services provider shall
        designate that portion of the bill of a subscriber attributable
        to the fee under paragraph (2) as a separate item on the bill.
    ``(c) Terms of Service.--A competitive video services provider
shall--
            ``(1) be subject to the retransmission consent provisions
        of section 325(b);
            ``(2)(A) carry, within each local franchise area, any
        public, educational, or governmental use channels that are
        carried by cable operators within such franchise area pursuant
        to section 611; or
            ``(B) provide, in any jurisdiction in which no cable
        operator provides service, reasonable public, educational and
        government access facilities pursuant to section 611;
            ``(3) be subject to the must-carry provisions of section
        614;
            ``(4) carry noncommercial, educational channels as required
        by section 615;
            ``(5) be considered a multichannel video programming
        distributor for purposes of section 628 and be entitled to the
        benefits and protection of that section;
            ``(6) protect the personally identifiable information of
        its subscribers as required in section 631;
            ``(7) comply with any consumer protection and customer
        service requirements promulgated by the Commission pursuant to
        section 632;
            ``(8) not be subject to any other provisions of this title;
        and
            ``(9) not deny services to any group of potential
        residential subscribers because of the income of the residents
        of the local area in which such group resides.
    ``(d) Regulatory Treatment.--Except to the extent expressly
provided in this part, neither the Commission nor any State or
political subdivision thereof may regulate the rates, charges, terms,
conditions for, entry into, exit from, deployment of, provision of, or
any other aspect of the services provided by a competitive video
services provider.
    ``(e) State and Local Government Authority.--Except as provided in
subsection (a), nothing in this section affects the authority of a
State or local government to manage the public rights-of-way or to
enact or enforce any consumer protection law.''.

SEC. 4. REGULATION OF COMMON CARRIERS.

    Section 651(a)(3) of the Federal Communications Act (47 U.S.C.
571(a)(3)) is amended--
            (1) in subparagraph (A), by striking ``or'' after the
        semicolon;
            (2) in subparagraph (B), by striking the period and
        inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(C) if such carrier is a competitive video
                services provider providing video programming pursuant
                to part VI of this title, such carrier shall not be
                subject to the requirements of this title but instead
                shall be subject only to the provisions of part VI of
                this title.''.

SEC. 5. EXISTING FRANCHISE AGREEMENTS.

    Any franchise agreement entered into by a franchising authority and
a competitive video service provider for the provision of video service
prior to the date of enactment of this Act shall be exempt from the
provisions of this Act for the term of such agreement.

Output:
Video Choice Act of 2005 - Amends the Communications Act of 1934 to prohibit a competitive video services provider (CVSP) from being required to obtain a franchise in order to provide any video programming, interactive on-demand services, other programming services, or any other video services in an area in which the CVSP has any right or authority to access public rights-of-way independent of any cable franchise obtained pursuant to any federal, state, or local law. Makes the CVSP be subject to the payment of fees (with limits) to a local franchising authority based on the gross revenue of the CVSP in that area.

Prohibits the Federal Communications Commission (FCC) or any state or political subdivision thereof from regulating the rates or any other aspect of the services provided by a CVSP.

Makes current franchise agreements entered into between a franchising authority and a CVSP exempt from this Act for the term of such agreement.


Input:
SECTION 1. TREATMENT OF INTEREST EXPENSE OF QUALIFIED INFRASTRUCTURE
              INDEBTEDNESS.

    (a) In General.--Section 864(e) of the Internal Revenue Code of
1986 (relating to rules for allocating interest, etc.) is amended by
redesignating paragraphs (6) and (7) as paragraphs (7) and (8),
respectively, and inserting after paragraph (5) the following new
paragraph:
            ``(6) Treatment of certain interest expense relating to
        qualified infrastructure indebtedness.--
                    ``(A) In general.--Interest expense attributable to
                qualified infrastructure indebtedness of a taxpayer
                shall be allocated and apportioned solely to sources
                within the United States and the taxpayer's assets
                (whether or not held in the United States) shall be
                reduced by the amount of qualified infrastructure
                indebtedness.
                    ``(B) Qualified infrastructure indebtedness.--
                            ``(i) In general.--For purposes of this
                        paragraph, the term `qualified infrastructure
                        indebtedness' means debt incurred to carry on,
                        or to acquire, build, or finance property used
                        predominantly in, the trade or business of the
                        furnishing or sale of electrical energy or
                        natural gas in the United States. The
                        determination of whether debt constitutes
                        qualified infrastructure indebtedness under the
                        previous sentence shall be made at the time the
                        debt is incurred.
                            ``(ii) Required rate regulation.--The rates
                        for the furnishing or sale of electrical energy
                        or natural gas by a trade or business under
                        clause (i) must be established or approved by--
                                    ``(I) the District of Columbia or a
                                State or political subdivision thereof,
                                    ``(II) any agency or
                                instrumentality of the United States,
                                or
                                    ``(III) a public service or public
                                utility commission or other similar
                                body of the District of Columbia or of
                                any State or political subdivision
                                thereof.
                            ``(iii) Limitation.--If the rate regulation
                        under clause (ii) applies only to a portion of
                        the trade or business of the furnishing or sale
                        of electrical energy or natural gas, the debt
                        incurred to carry on, or to acquire, build, or
                        finance property used in, such trade or
                        business shall constitute qualified
                        infrastructure indebtedness only to the extent
                        that the ratio of the total outstanding
                        qualified infrastructure indebtedness with
                        respect to such trade or business (including
                        such debt) to the total outstanding
                        indebtedness with respect to such trade or
                        business does not exceed the ratio of the
                        assets used in the portion of the trade or
                        business that is subject to such rate
                        regulation to the total assets used in such
                        trade or business. For purposes of the
                        determination under the preceding sentence,
                        assets shall be measured using book value for
                        taxation purposes unless the taxpayer makes an
                        election to use fair market value. Such
                        election shall apply to the taxable year for
                        which the election is made and all subsequent
                        taxable years unless revoked with the consent
                        of the Secretary.''
    (b) Effective Date.--
            (1) In general.--The amendments made by this section shall
        apply to debt incurred in taxable years beginning after the
        date of enactment of this Act.
            (2) Outstanding debt.--In the case of debt outstanding as
        of the date of enactment of this Act, the determination of
        whether such debt constitutes ``qualified infrastructure
        indebtedness'' shall be made by applying the rules of section
        864(e)(6)(B) of the Internal Revenue Code of 1986, as added by
        this section, on the date such debt was incurred.

Output: Amends Internal Revenue Code provisions concerning the allocation of interest to provide as a general rule that interest expense attributable to qualified infrastructure indebtedness of a taxpayer shall be allocated and apportioned solely to sources within the United States and the taxpayer's assets (whether or not held in the United States) shall be reduced by the amount of qualified infrastructure indebtedness.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fueling the U.S.A. Through Unlimited
Reliable Energy Act of 2005''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Economic prosperity and national security are closely
        linked to an affordable and ample energy supply.
            (2) Environmental quality is closely linked to energy
        production and use.
            (3) Population, worldwide economic development, energy
        consumption, and stress on the environment are all expected to
        increase substantially in the coming decades.
            (4) The few energy options with the potential to meet
        economic and environmental needs for the long-term future
        should be pursued as part of a balanced national energy plan.
            (5) Fusion energy is an attractive long-term energy source
        due to virtually inexhaustible supply of fuel, its potential as
        a substantial energy source requiring relatively little land
        mass, and its promise of minimal environmental impact and
        inherent safety.
            (6) The National Research Council, the President's
        Committee of Advisors on Science and Technology, and the
        Secretary of Energy Advisory Board have each recently reviewed
        the Fusion Energy Sciences Program and each strongly supports
        the fundamental science and creative innovation of the program
        and has confirmed that progress toward the goal of producing
        practical fusion energy has been excellent, although much
        scientific and engineering work remains to be done.
            (7) Each of these reviews and United States fusion
        scientists have stressed the need for a magnetic fusion burning
        experiment to address key scientific issues and as a necessary
        step in the development of fusion energy.
            (8) Further, the United States fusion research community
        has developed a strong consensus that the first option for
        United States involvement in a burning plasma experiment should
        be through the international experiment known as ``ITER'' and
        that, should the ITER experiment fail to go forward, then the
        construction of a domestic burning plasma experiment should be
        pursued aggressively.
            (9) The National Research Council has also called for a
        broadening of the Fusion Energy Sciences Program research base
        as a means to more fully integrate the fusion science community
        into the broader scientific community.
            (10) The Fusion Energy Sciences Program budget is
        inadequate to support the necessary science and innovation for
        the present generation of experiments, and cannot accommodate
        the cost of participation in or construction of a burning
        plasma experiment.
            (11) The Department of Energy's Fusion Energy Sciences
        Advisory Committee has been recently tasked with the
        development of a plan to demonstrate the provision of fusion
        power to the United States electric grid within 35 years.
        Although this effort is to be commended, Congress finds that
        the importance of the development of fusion energy warrants
        that every effort be made to credibly accelerate this
        timeframe.

SEC. 3. GOALS.

    It shall be the goal of the United States to demonstrate electric
power and hydrogen production for the United States energy grid
utilizing a fusion energy device at the earliest date possible. It
shall also be the goal of the United States to develop the scientific,
engineering, and commercial infrastructure necessary to ensure that the
United States is wholly competitive with other nations in providing
fusion energy for its own needs and the needs of other nations.

SEC. 4. PLAN FOR FUSION ENERGY SCIENCES PROGRAM.

    (a) Declaration of Policy.--It shall be the policy of the United
States to conduct research, development, demonstration, and commercial
application activities to provide for the scientific, engineering, and
commercial infrastructure necessary to ensure that the United States is
competitive with other nations in providing fusion energy for its own
needs and the needs of other nations, including by demonstrating
electric power or hydrogen production for the United States energy grid
utilizing fusion energy at the earliest date possible.
    (b) Fusion Energy Plan.--
            (1) In general.--Not later than 6 months after the date of
        enactment of this Act, the Secretary of Energy shall transmit
        to Congress a plan for carrying out the policy set forth in
        subsection (a), including cost estimates, proposed budgets,
        potential international partners, and specific programs for
        implementing such policy.
            (2) Requirements of plan.--Such plan shall also ensure
        that--
                    (A) existing fusion research facilities are more
                fully utilized;
                    (B) fusion science, technology, theory, advanced
                computation, modeling, and simulation are strengthened;
                    (C) new magnetic and inertial fusion research
                facilities are selected based on scientific innovation,
                cost effectiveness, and their potential to advance the
                goal of practical fusion energy at the earliest date
                possible;
                    (D) the facilities that are selected are funded at
                a cost-effective rate;
                    (E) communication of scientific results and methods
                between the fusion energy science community and the
                broader scientific and technology communities is
                improved;
                    (F) inertial confinement fusion facilities are
                utilized to the extent practicable for the purpose of
                inertial fusion energy research and development;
                    (G) attractive alternative inertial and magnetic
                fusion energy approaches are more fully explored; and
                    (H) to the extent practical, the recommendations of
                the March 2004 Fusion Energy Sciences Advisory
                Committee report on Workforce Planning are carried out,
                including periodic assessment of program needs.
            (3) Report on fusion materials and technology project.--The
        plan required by this subsection shall also address the status
        of, and to the degree possible, the costs and schedules for--
                    (A) the design and implementation of international
                or national facilities for the testing of fusion
                materials; and
                    (B) the design and implementation of international
                or national facilities for the testing and development
                of key fusion technologies.

SEC. 5. ITER.

    (a) Agreement.--(1) The Secretary of Energy is authorized to
negotiate an agreement for United States participation in ITER.
    (2) Any agreement for United States participation in ITER shall, at
a minimum--
            (A) clearly define the United States financial contribution
        to construction and operating costs;
            (B) ensure that the share of ITER's high-technology
        components manufactured in the United States is at least
        proportionate to the United States financial contribution to
        ITER;
            (C) ensure that the United States will not be financially
        responsible for cost overruns in components manufactured in
        other ITER participating countries;
            (D) guarantee the United States full access to all data
        generated by ITER;
            (E) enable United States researchers to propose and carry
        out an equitable share of the experiments at ITER;
            (F) provide the United States with a role in all collective
        decisionmaking related to ITER; and
            (G) describe the process for discontinuing or
        decommissioning ITER and any United States role in that
        process.
    (b) Plan.--The Secretary of Energy, in consultation with the Fusion
Energy Sciences Advisory Committee, shall develop a plan for the
participation of United States scientists in ITER that shall include
the United States research agenda for ITER, methods to evaluate whether
ITER is promoting progress toward making fusion a reliable and
affordable source of power, and a description of how work at ITER will
relate to other elements of the United States fusion program. The
Secretary shall request a review of the plan by the National Academy of
Sciences, the results of which the Secretary shall transmit to Congress
not later than 90 days after the date of enactment of this Act.
    (c) Limitation.--No Federal funds shall be expended for the
construction of ITER until the Secretary of Energy has transmitted to
Congress--
            (1) the agreement negotiated pursuant to subsection (a) and
        120 days have elapsed since that transmission;
            (2) a report describing the management structure of ITER
        and providing a fixed dollar estimate of the cost of United
        States participation in the construction of ITER, and 120 days
        have elapsed since that transmission;
            (3) a report describing how United States participation in
        ITER will be funded without reducing funding for other programs
        in the Office of Science, including other fusion programs, and
        60 days have elapsed since that transmission; and
            (4) the plan required by subsection (b) (but not
        necessarily the National Academy of Sciences review of that
        plan), and 60 days have elapsed since that transmission.

SEC. 6. PLAN FOR FUSION EXPERIMENT.

    If at any time during the negotiations on ITER, the Secretary
determines that construction and operation of ITER is unlikely or
infeasible, the Secretary shall send to Congress, as part of the budget
request for the following year, a plan for implementing a domestic
burning plasma experiment such as FIRE, including costs and schedules
for such a plan. The Secretary shall refine such plan in full
consultation with the Fusion Energy Sciences Advisory Committee and
shall also transmit such plan to the National Academy of Sciences for
review. The Secretary shall transmit the results of that review to
Congress not later than 1 year after the date of enactment of this Act.

SEC. 7. DEFINITIONS.

    As used in this Act--
            (1) the term ``construction'' means the physical
        construction of the ITER facility, and the physical
        construction, purchase, or manufacture of equipment or
        components that are specifically designed for the ITER
        facility, but does not mean the design of the facility,
        equipment, or components;
            (2) the term ``FIRE'' means the Fusion Ignition Research
        Experiment, the fusion research experiment for which design
        work has been supported by the Department of Energy as a
        possible alternative burning plasma experiment in the event
        that ITER fails to move forward; and
            (3) the term ``ITER'' means the international burning
        plasma fusion research project in which the President announced
        United States participation on January 30, 2003.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) Fusion Energy Sciences Program.--There are authorized to be
appropriated to the Secretary of Energy for the Fusion Energy Sciences
Program, excluding activities described in sections 5 and 6--
            (1) for fiscal year 2006, $335,000,000;
            (2) for fiscal year 2007, $349,000,000;
            (3) for fiscal year 2008, $362,000,000;
            (4) for fiscal year 2009, $377,000,000; and
            (5) for fiscal year 2010, $393,000,000.
    (b) ITER.--There are authorized to be appropriated to the Secretary
of Energy for activities described in section 5 such sums as are
necessary for each of the fiscal years 2006 through 2010.

Output:
Fueling the U.S.A. Through Unlimited Reliable Energy Act of 2005 - Declares that it shall be the policy of the United States to conduct research, development, demonstration, and commercial application activities to provide for the scientific, engineering, and commercial infrastructure necessary to ensure that the United States is competitive with other nations in providing fusion energy for its own needs and the needs of other nations, including by demonstrating electric power or hydrogen production for the United States energy grid utilizing fusion energy at the earliest date possible.

Instructs the Secretary of Energy to transmit to Congress a plan meeting specified requirements for carrying out such policy.

Authorizes the Secretary, subject to certain guidelines, to negotiate an agreement for U.S. participation in ITER (international burning plasma fusion research project).

Directs the Secretary to develop a plan for the participation of U.S. scientists in ITER that includes the U.S. research agenda for ITER, methods to evaluate whether ITER is promoting progress toward making fusion a reliable and affordable source of power, and a description of how work at ITER will relate to other elements of the domestic fusion program.

Directs the Secretary to send to Congress a plan for implementing a domestic burning plasma experiment such as Fusion Ignition Research Experiment (FIRE), if at any time during the negotiations on ITER the Secretary determines that construction and operation of ITER is unlikely or infeasible.