Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``In-Home Caregiver Assessment
Resources and Education Act'' or the ``In-Home CARE Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) More than 43,000,000 unpaid caregivers provide care for
        a chronically ill, disabled, or aged family member or friend
        during any given year.
            (2) Sixty percent of unpaid caregivers are women. More than
        37 percent of caregivers live with children or grandchildren
        who are under 18 years old.
            (3) Ethnic minority caregivers, particularly African-
        American and Hispanic-American caregivers, experience greater
        strain and worse physical health than their counterparts. More
        than 50 percent of African Americans are ``sandwiched'' between
        caring for an older person and a younger person under age 18.
            (4) The needs of caregivers and care recipients vary by
        several factors such as race and ethnicity, age, social class,
        sexual orientation, geographical location, gender, military or
        veteran status, relationship between caregiver and care
        recipient, health status, and other factors.
            (5) Unpaid family caregivers spend an average of 24 hours
        per week caring for their loved ones, and about 23 percent of
        family caregivers provide 41 or more hours of care per week.
            (6) Forty-nine percent of caregivers care for a parent.
            (7) Fourteen percent of caregivers provide care for a
        special needs child, including an estimated 16,800,000
        caregivers who care for a special needs child under 18 years of
        age.
            (8) In 2016, the average caregiver for someone 18 years or
        older spent $6,954 per year on out-of-pocket caregiving
        expenses, which is nearly 20 percent of the average annual
        income of caregivers.
            (9) Sixty percent of caregivers who provide care for an
        individual over the age of 18 are currently working or have
        worked while providing care. Three in five caregivers have had
        to make some modifications to their work schedule, from
        arriving late to work to leaving their job entirely. Almost
        half of employed caregivers have had to take time off from
        work.
            (10) Fifty-three percent of caregivers have experienced a
        decline in their health as a result of caregiving, which has
        affected their ability to provide care. Thirty-five percent of
        caregivers report having difficulty finding time for oneself,
        and 29 percent report difficulty managing emotional and
        physical stress or balancing work and family responsibilities.
            (11) Forty-six percent of caregivers of adults perform
        medical or nursing tasks for patients with multiple physical
        and chronic conditions. Of these caregivers, 78 percent were in
        charge of managing a patient's medications, administering
        fluids, or administering injections.
            (12) Nearly 20 percent of caregivers of adults who assisted
        with medication management and 33 percent who assisted with
        changing dressings or bandages received no training about how
        to perform these tasks.
            (13) The vast majority of caregivers (84 percent) indicated
        they need more support related to caregiving.
            (14) Home visiting programs are cost-effective and have
        been proven to improve outcomes for children and parents in
        different domains ranging from child development to family
        violence.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to improve the ability of unpaid caregivers to care for
        individuals in the home; and
            (2) to increase opportunities for individuals who are in
        need of care to remain at home and reduce or postpone the need
        for such individuals to receive care at an institution or
        hospital.

SEC. 4. CAREGIVER GRANTS.

    Subpart IV of part D of title III of the Public Health Service Act
(42 U.S.C. 255 et seq.) is amended by adding at the end the following:

``SEC. 339A. CAREGIVER GRANTS.

    ``(a) In General.--The Secretary, acting through the Administrator
of the Administration for Community Living, shall award 3-year grants,
on a competitive basis, to eligible organizations to carry out home
visiting programs for unpaid caregivers.
    ``(b) Definitions.--In this section:
            ``(1) Caregiver.--The term `caregiver' means an unpaid
        family member, foster parent, or other unpaid adult who
        provides consistent in-home monitoring, management,
        supervision, or treatment of a child or adult with a special
        need, such as a disease, disability, or the frailties of old
        age.
            ``(2) Caregiver assessment.--The term `caregiver
        assessment' means an assessment that includes talking directly
        to caregivers to better understand their needs, problems,
        resources, and strengths.
            ``(3) Child or adult with a special need.--The term `child
        or adult with a special need' means an individual for whom care
        or supervision is required to--
                    ``(A) meet the basic needs of the individual;
                    ``(B) prevent physical self-injury or injury to
                others; or
                    ``(C) avoid placement in an institutional facility.
            ``(4) Eligible organization.--The term `eligible
        organization' means--
                    ``(A) a local government agency;
                    ``(B) a health care entity; or
                    ``(C) any other nonprofit or community
                organization,
        that has experience providing the services described in
        subsection (f).
    ``(c) Coordination.--In carrying out this section, the Secretary
shall coordinate with--
            ``(1) the heads of the National Family Caregiver Support
        Program of the Administration on Aging and other programs
        within the Department of Health and Human Services (such as the
        Lifespan Respite Care Program) and the Secretary of Veterans
        Affairs, to ensure coordination of caregiver services for
        caregivers of children or adults with special needs; and
            ``(2) the Administrator of the Centers for Medicare &
        Medicaid Services, to avoid duplicative services and payments.
    ``(d) Application.--An eligible organization that desires a grant
under this section shall submit an application at such time, in such
manner, and containing such information as the Secretary may require,
including, at a minimum--
            ``(1) an outreach plan that identifies how the eligible
        organization will ascertain which caregivers in the community--
                    ``(A) are most in need of support and education,
                particularly caregivers who have had no training and
                provide complex chronic care activities or perform
                medical or nursing tasks in addition to assisting with
                activities of daily living;
                    ``(B) are caring for individuals who are at the
                greatest risk of needing institutional care; and
                    ``(C) desire to participate in the caregiver home
                visiting program;
            ``(2) a description of the services that the eligible
        organization will provide directly using grant funds, and a
        description of the services that the eligible organization will
        use grant funds to provide through contracts or referrals;
            ``(3) a description of how the eligible organization will
        identify gaps in the services that caregivers and children or
        adults with a special need who receive care from a caregiver in
        the community are receiving;
            ``(4) a description of how the eligible organization can
        provide--
                    ``(A) an initial visit to caregivers in order to
                complete a caregiver assessment, including a
                description of the eligible organization's expertise in
                conducting caregiver assessments;
                    ``(B) education and training, based on evidence-
                based models, to help the caregiver learn how to best
                care for a child or adult with a special need, by an
                individual with expertise in the tasks for which the
                caregiver requires education and training, including
                education and training regarding, as applicable--
                            ``(i) medication management;
                            ``(ii) wound care;
                            ``(iii) nutrition and food preparation for
                        special diets;
                            ``(iv) fall prevention;
                            ``(v) management of depression, anxiety,
                        stress, trauma, and other behavioral health
                        conditions, including ways to minimize negative
                        mental health effects;
                            ``(vi) assistance with activities of daily
                        living;
                            ``(vii) ways to engage other family members
                        in providing care;
                            ``(viii) ways to identify and utilize
                        available community resources; and
                            ``(ix) abuse and neglect prevention; and
                    ``(C) recommendations for home modifications or
                physical environmental changes that could improve the
                health or quality of life of a child or adult with a
                special need who is receiving care from a caregiver;
            ``(5) a description of the eligible organization's ability
        to provide, or refer caregivers to local resources or
        appropriate programs of the Department of Health and Human
        Services or the Department of Veterans Affairs that will
        provide--
                    ``(A) physical and mental health care, including
                home health care and long-term support services;
                    ``(B) transportation;
                    ``(C) home modification services;
                    ``(D) respite care;
                    ``(E) adult day care;
                    ``(F) support groups; and
                    ``(G) legal assistance;
            ``(6) a description of the eligible organization's ability
        to coordinate with other State and community-based agencies;
            ``(7) a description of the eligible organization's
        understanding of caregiver issues--
                    ``(A) across demographic groups, including age,
                gender, race and ethnicity, socioeconomic status,
                sexual orientation, military status, and geographical
                region; and
                    ``(B) including disabilities and chronic conditions
                that affect the populations that the eligible
                organization will serve;
            ``(8) a description of the capacity of the eligible
        organization to engage caregivers, family members, and children
        or adults with a special need who receive care from a
        caregiver; and
            ``(9) with respect to the population of caregivers to whom
        caregiver visits or services will be provided, or for whom
        workers and volunteers will be recruited and trained, a
        description of--
                    ``(A) the population of caregivers;
                    ``(B) the extent and nature of the needs of that
                population; and
                    ``(C) existing caregiver services for that
                population, including the number of caregivers served
                and the extent of unmet need.
    ``(e) Priority.--In awarding grants under this section, the
Secretary shall give priority to eligible organizations that--
            ``(1) the Secretary determines show the greatest likelihood
        of implementing or enhancing caregiver home visiting services
        that best meet the needs of the community;
            ``(2) will allow caregivers to contact the eligible
        organization by phone, email, or 2-way interactive video for up
        to 6 months after home visits have ended, or to otherwise
        contact the organization at any time if a caregiver has
        questions or concerns;
            ``(3) have a proven record of caregiver support;
            ``(4) will use evidence-based programs; or
            ``(5) will provide matching funds or can demonstrate that
        the program funded by a grant under this section will be
        sustainable after grant funds are no longer provided.
    ``(f) Authorized Activities.--An eligible organization receiving a
grant under this section shall use grant funds to--
            ``(1) conduct an initial home visit for each caregiver
        participating in the program, during which a representative
        from the eligible organization who has expertise in care
        management in the home and caregiving will perform a caregiver
        assessment and determine what follow-up services may benefit
        the caregiver and the child or adult with a special need who
        receives care from the caregiver;
            ``(2) conduct home visits for the purpose of caregiver
        education and training;
            ``(3) provide, or provide referrals for, the services
        described in subsection (d)(5);
            ``(4) provide an assessment and referral for physical and
        mental health services for the caregiver and for the child or
        adult with a special need who receives care from the caregiver,
        as needed; and
            ``(5) carry out any other activities that are described in
        the grant application submitted under subsection (d).
    ``(g) Technical Assistance Center.--The Secretary shall establish,
or contract to establish, a technical assistance center through which
the Secretary shall--
            ``(1) provide evidence-based models for programs funded by
        grants under this section;
            ``(2) provide training for grantees;
            ``(3) answer questions from grantees; and
            ``(4) facilitate an exchange of information among grantees,
        and between grantees and other programs within the Department
        of Health and Human Services, including through use of the
        Technical Assistance Exchange of the Administration for
        Community Living, in order to maximize the use of existing
        resources and services for caregivers and to avoid the
        duplication of such services.
    ``(h) Evaluation.--
            ``(1) In general.--Not later than 2 years after the date of
        enactment of this section, and annually thereafter, the
        Secretary shall evaluate the success of the grant program
        carried out under this section, based on criteria that the
        Secretary may develop for such evaluation.
            ``(2) Optional contents of evaluation.--The evaluation
        described in paragraph (1) may include an evaluation of--
                    ``(A) the extent to which children or adults with a
                special need who are cared for by a participating
                caregiver have--
                            ``(i) a reduction in the potential number
                        of hospitalizations;
                            ``(ii) a reduction in the potential number
                        of institutionalizations;
                            ``(iii) cost reductions across the health
                        care system;
                            ``(iv) improved connection to community
                        resources;
                            ``(v) improved care; and
                            ``(vi) improved quality of life (including
                        a reduction of stress and anxiety and improved
                        relationships and mood); and
                    ``(B) the extent to which participating caregivers
                have improved quality of life (including a reduction of
                stress and anxiety and improved health, relationships,
                mood, and connection to community resources).
    ``(i) Reports and Recommendations.--Not later than 1 year before
the expiration of the grants awarded under this section, the Secretary
shall prepare and submit a report to Congress that includes
recommendations, based on the evaluation described in subsection (h),
about--
            ``(1) changes to the grant program under this section;
            ``(2) the potential for expanding the number and scope of
        caregiver home visiting program grants distributed by the
        Secretary; and
            ``(3) extending the length of the grant program.
    ``(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be
necessary.''.

Output: In-Home Caregiver Assessment Resources and Education Act or the In-Home CARE Act This bill amends the Public Health Service Act to require the Administration for Community Living to award grants to carry out home visiting programs for unpaid caregivers. The Department of Health and Human Services must coordinate with the National Family Caregiver Support Program, the Centers for Medicare & Medicaid Services, the Department of Veterans Affairs, and others on this grant program. Grantees must provide:  caregiver education and training regarding medication management, food preparation, falls prevention, and other subjects; services or referrals for services related to home care, such as transportation, home modification, or respite care; and an assessment and referral for physical and mental health services for the caregiver or person receiving care from the caregiver.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Liquefied Natural Gas Safety and
Security Act of 2005''.

SEC. 2. SITING OF LIQUEFIED NATURAL GAS IMPORT FACILITIES.

    Section 3 of the Natural Gas Act (15 U.S.C. 717b) is amended by
adding at the end the following:
    ``(d)(1) Before issuing an order authorizing an applicant to site,
construct, expand, or operate a liquefied natural gas import facility,
the Commission shall require the applicant, in cooperation with the
Commandant of the Coast Guard and State and local agencies that provide
for the safety and security of the liquefied natural gas import
facility and any vessels that serve the facility, to develop a cost-
sharing plan.
    ``(2) A cost-sharing plan developed under paragraph (1) shall
include a description of any direct cost reimbursements that the
applicant agrees to provide to any State and local agencies with
responsibility for security and safety--
            ``(A) at the liquefied natural gas import facility; and
            ``(B) in proximity to vessels that serve the facility.
    ``(e)(1) In this subsection, the term `region' means a census
region designated by the Bureau of the Census as of the date of
enactment of this subsection.
    ``(2) Not later than 90 days after the date of enactment of this
subsection and annually thereafter, the Commission shall--
            ``(A) review all applications for the siting, construction,
        expansion, or operation of a liquefied natural gas import
        facility in a region that are pending with the Commission;
            ``(B) consult with States in the region to identify remote
        sites for the development of potential liquefied natural gas
        import facilities in the region; and
            ``(C) in collaboration with the Commandant of the Coast
        Guard, review--
                    ``(i) any offshore liquefied natural gas projects
                proposed for a region; and
                    ``(ii) other potential offshore sites for the
                development of liquefied natural gas.
    ``(3) Based on the reviews and consultations under paragraph (1),
the Commission shall determine--
            ``(A) whether liquefied natural gas import facilities are
        needed in a region; and
            ``(B) if the Commission determines under subparagraph (A)
        that liquefied natural gas import facilities are needed for a
        region, the number of liquefied natural gas import facilities
        that are needed for the region.
    ``(4) The Commission shall cooperate with the Commandant of the
Coast Guard and States to ensure that--
            ``(A) the Commission approves only the number of liquefied
        natural gas import facilities that are needed for a region, as
        determined under paragraph (3)(B); and
            ``(B) any liquefied natural gas import facilities approved
        under subparagraph (A) are sited in locations that provide
        maximum safety and security to the public.
    ``(f)(1) Notwithstanding any other provision of law, the Commission
shall not issue a final environmental impact statement or similar
analysis required under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) with respect to a proposed liquefied natural
gas facility before the date on which--
            ``(A) the applicant completes--
                    ``(i) a security assessment for the proposed
                facility; and
                    ``(ii) a security plan for the proposed facility;
                and
            ``(B) the Commandant of the Coast Guard completes an
        incident action plan that identifies the resources needed to
        support appropriate air, land, and sea security measures during
        the transit and offload of a liquefied natural gas vessel.
    ``(2) The Commission shall incorporate into the final environmental
impact statement or similar analysis the non-security sensitive
components of the incident action plan and all other safety and
security resource requirements identified by the Commandant of the
Coast Guard for a proposed liquefied natural gas import facility.
    ``(g)(1) For purposes of reviewing and approving or disapproving an
application to site, construct, or operate a liquefied natural gas
import facility, the Commission shall--
            ``(A) consult with the State in which the facility is
        proposed to be located; and
            ``(B) comply with all applicable Federal laws, including--
                    ``(i) the National Historic Preservation Act (16
                U.S.C. 470 et seq.);
                    ``(ii) the Coastal Zone Management Act of 1972 (16
                U.S.C. 1451 et seq.);
                    ``(iii) sections 401 and 402(b) of the Federal
                Water Pollution Control Act (33 U.S.C. 1341, 1342(b));
                and
                    ``(iv) sections 107, 111(c), and 116 of the Clean
                Air Act (42 U.S.C. 7401, 7411(c), 7416).
    ``(2) Nothing in this section precludes or denies the right of any
State to review an application to site, construct, or operate a
liquefied natural gas import facility under--
            ``(A) the National Historic Preservation Act (16 U.S.C. 470
        et seq.);
            ``(B) the Coastal Zone Management Act of 1972 (16 U.S.C.
        1451 et seq.);
            ``(C) sections 401 and 402(b) of the Federal Water
        Pollution Control Act (33 U.S.C. 1341, 1342(b)); and
            ``(D) sections 107, 111(c), and 116 of the Clean Air Act
        (42 U.S.C. 7401, 7411(c), 7416).
    ``(3) Notwithstanding any other provision of law, the Commission
shall have no authority to preempt a State permitting determination
with respect to a liquefied natural gas import facility that is made
under Federal or State law.''.

SEC. 3. STANDARDS FOR LIQUEFIED NATURAL GAS PIPELINE FACILITIES.

    Section 60103 of title 49, United States Code, is amended--
            (1) by redesignating subsections (e), (f), and (g) as
        subsections (f), (g), and (h), respectively; and
            (2) by inserting after subsection (d) the following:
    ``(e) Remote Siting Standards.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall promulgate
regulations establishing standards to promote the remote siting of
liquefied natural gas pipeline facilities.''.

SEC. 4. THERMAL AND VAPOR DISPERSION EXCLUSION ZONES.

    As soon as practicable after the date of enactment of this Act, the
Commandant of the Coast Guard shall issue regulations establishing
thermal and vapor dispersion exclusion zone requirements for vessels
transporting liquefied natural gas that are based on sections 193.2057
and 193.2059 of title 49, Code of Federal Regulations (or any successor
regulations).

Output:
Liquefied Natural Gas Safety and Security Act of 2005 - Amends the Natural Gas Act to prohibit the Federal Energy Regulating Commission (FERC) from authorizing an applicant to site, construct, expand, or operate a liquefied natural gas import facility, unless FERC has required the applicant to develop a cost-sharing plan in cooperation with the Commandant of the Coast Guard and State and local agencies that provide for the safety and security of the liquefied natural gas import facility and any vessels that serve it.

Requires FERC to review annually all pending applications for the siting, construction, expansion, or operation of a liquefied natural gas import facility in a region and, after consultation with the pertinent States and the Commandant, determine: (1) whether liquefied natural gas import facilities are needed in a region; and (2) the number of liquefied natural gas import facilities so needed.

Denies FERC authority to preempt a State permitting determination related to a liquefied natural gas import facility.

Amends Federal law governing standards for liquefied natural gas pipeline facilities to direct the Secretary of Transportation to promulgate regulations establishing standards to promote the remote siting of liquefied natural gas pipeline facilities.

Directs the Commandant to issue regulations establishing thermal and vapor dispersion exclusion zone requirements for vessels transporting liquefied natural gas.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Prescription Drug Labeling Promotion
Act of 2012''.

SEC. 2. ACCESSIBILITY OF INFORMATION IN PRESCRIPTION DRUG LABELING BY
              VISUALLY-IMPAIRED AND BLIND CONSUMERS.

    (a) Establishment of Working Group.--
            (1) In general.--The Secretary of Health and Human Services
        (in this section referred to as the ``Secretary'') shall
        establish a working group (in this section referred to as the
        ``working group'') to develop and promulgate guidance
        constituting best practices on access to prescription drug
        labeling for the visually impaired.
            (2) Members.--The working group shall include
        representatives of national organizations representing blind
        and visually impaired individuals, national organizations
        representing the elderly, and industry groups representing
        stakeholders, including pharmacists, who would be impacted by
        such best practices. Representation within the working group
        shall be divided equally between consumer and industry
        advocates.
            (3) Guidance on best practices.--The working group shall
        promulgate, not later than 1 year after the date of the
        enactment of this Act, guidance on best practices for
        pharmacies to ensure that blind and visually impaired
        individuals have safe, consistent, reliable, and independent
        access to the information in the labeling of prescription
        drugs. Such guidance shall be made available through
        publication in the Federal Register and posting on the Web site
        of the Food and Drug Administration.
            (4) Considerations.--In developing and promulgating such
        guidance on best practices, the working group shall consider--
                    (A) the use of--
                            (i) Braille;
                            (ii) auditory means, such as--
                                    (I) ``talking bottles'' that
                                provide audible label information;
                                    (II) digital voice recorders
                                attached to the prescription drug
                                container; and
                                    (III) radio frequency
                                identification (RFID) tags; and
                            (iii) enhanced visual means, such as--
                                    (I) large font labels or large font
                                ``duplicate'' labels that are affixed
                                or matched to a prescription drug
                                container;
                                    (II) high-contrast printing; and
                                    (III) sans-serf font;
                    (B) whether there are technical, financial,
                manpower, or other factors unique to pharmacies with 20
                or fewer retail locations which may fundamentally
                impact the ability of such pharmacies to implement the
                best practices; and
                    (C) such other factors as the working group
                determines to be appropriate.
            (5) Information campaign.--Upon the promulgation of the
        guidance on best practices, the Commissioner of Food and Drugs,
        in consultation with the working group, shall conduct an
        informational and educational program designed to inform the
        public and pharmacists about such guidance and practices.
            (6) FACA waiver.--The Federal Advisory Committee Act shall
        not apply to the working group.
    (b) GAO Study.--
            (1) In general.--Beginning 18 months after the publication
        of the guidance on best practices under subsection (a), the
        Comptroller General of the United States shall conduct a review
        of such guidance, the extent to which pharmacies are complying
        with such best practices, and the extent to which barriers to
        accessible prescription drug labeling for blind and visually-
        impaired individuals continue.
            (2) Report.--Not later than September 30, 2016, the
        Comptroller General shall submit to Congress a report on the
        review conducted under paragraph (1). Such report shall include
        recommendations for how best to reduce the barriers blind and
        visually-impaired individuals have to access prescription drug
        labeling.
    (c) Definitions.--In this section:
            (1) The term ``pharmacy'' includes a pharmacy that receives
        prescriptions, and dispenses prescription drugs, through an
        Internet Web site.
            (2) The term ``prescription drug'' means a drug subject to
        section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act
        (21 U.S.C. 353(b)(1)).

Output:
Prescription Drug Labeling Promotion Act of 2012 - Directs the Secretary of Health and Human Services (HHS) to establish a working group to develop best practices on access to prescription drug labeling for the visually impaired.

Requires the working group to: (1) include equal representation of consumer and industry advocates; (2) promulgate guidance on best practices for pharmacies to ensure that blind and visually impaired individuals have safe, consistent, reliable, and independent access to the information in the labeling of prescription drugs; (3) consider the use of Braille, specified auditory means, and enhanced visual means to provide such access; and (4) consider whether there are technical, financial, manpower, or other factors that may fundamentally impact the ability of pharmacies with 20 or fewer retail locations to implement the best practices.

Directs the Commissioner of Food and Drugs (FDA) to conduct an informational and educational program to inform the public and pharmacists about such guidance and practices.

Directs the Comptroller General: (1) 18 months after such guidance and practices are published, to review pharmacy compliance and the extent to which access barriers continue; and (2) by September 30, 2016, to report on such review, including recommendations for reducing such barriers.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Religious Liberty and Charitable
Donation Protection Act of 1997''.

SEC. 2. DEFINITIONS.

    Section 548(d) of title 11, United States Code, is amended by
adding at the end the following:
    ``(3) In this section, the term `charitable contribution' means a
charitable contribution, as that term is defined in section 170(c) of
the Internal Revenue Code of 1986, if that contribution--
            ``(A) is made by a natural person; and
            ``(B) consists of--
                    ``(i) a financial instrument (as that term is
                defined in section 731(c)(2)(C) of the Internal Revenue
                Code of 1986); or
                    ``(ii) cash.
    ``(4) In this section, the term `qualified religious or charitable
entity or organization' means--
            ``(A) an entity described in section 170(c)(1) of the
        Internal Revenue Code of 1986; or
            ``(B) an entity or organization described in section
        170(c)(2) of the Internal Revenue Code of 1986.''.

SEC. 3. TREATMENT OF PREPETITION QUALIFIED CHARITABLE CONTRIBUTIONS.

    (a) In General.--Section 548(a) of title 11, United States Code, is
amended--
            (1) by inserting ``(1)'' after ``(a)'';
            (2) by striking ``(1) made'' and inserting ``(A) made'';
            (3) by striking ``(2)(A)'' and inserting ``(B)(i);
            (4) by striking ``(B)(i)'' and inserting ``(ii)(I)'';
            (5) by striking ``(ii) was'' and inserting ``(II) was'';
            (6) by striking ``(iii)'' and inserting ``(III)''; and
            (7) by adding at the end the following:
    ``(2) A transfer of a charitable contribution to a qualified
religious or charitable entity or organization shall not be considered
to be a transfer covered under paragraph (1)(B) in any case in which--
            ``(A) the amount of that contribution does not exceed 15
        percent of the gross annual income of the debtor for the year
        in which the transfer of the contribution is made; or
            ``(B) the contribution made by a debtor exceeded the
        percentage amount of gross annual income specified in
        subparagraph (A), if the transfer was consistent with the
        practices of the debtor in making charitable contributions.''.
    (b) Trustee as Lien Creditor and as Successor to Certain Creditors
and Purchasers.--Section 544(b) of title 11, United States Code, is
amended--
            (1) by striking ``(b) The trustee'' and inserting ``(b)(1)
        Except as provided in paragraph (2), the trustee''; and
            (2) by adding at the end the following:
    ``(2) Paragraph (1) shall not apply to a transfer of a charitable
contribution (as that term is defined in section 548(d)(3)) that is not
covered under section 548(a)(1)(B), by reason of section 548(a)(2).''.
    (c) Conforming Amendments.--Section 546 of title 11, United States
Code, is amended--
            (1) in subsection (e)--
                    (A) by striking ``548(a)(2)'' and inserting
                ``548(a)(1)(B)''; and
                    (B) by striking ``548(a)(1)'' and inserting
                ``548(a)(1)(A)'';
            (2) in subsection (f)--
                    (A) by striking ``548(a)(2)'' and inserting
                ``548(a)(1)(B)''; and
                    (B) by striking ``548(a)(1)'' and inserting
                ``548(a)(1)(A)''; and
            (3) in subsection (g)--
                    (A) by striking ``section 548(a)(1)'' each place it
                appears and inserting ``section 548(a)(1)(A)''; and
                    (B) by striking ``548(a)(2)'' and inserting
                ``548(a)(1)(B)''.

SEC. 4. TREATMENT OF POST-PETITION CHARITABLE CONTRIBUTIONS.

    (a) Confirmation of Plan.--Section 1325(b)(2)(A) of title 11,
United States Code, is amended by inserting before the semicolon the
following: ``, including charitable contributions (that meet the
definition of `charitable contribution' under section 548(d)(3)) to a
qualified religious or charitable entity or organization (as that term
is defined in section 548(d)(4)) in an amount not to exceed 15 percent
of the gross income of the debtor for the year in which the
contributions are made''.
    (b) Dismissal.--Section 707(b) of title 11, United States Code, is
amended by adding at the end the following: ``In making a determination
whether to dismiss a case under this section, the court may not take
into consideration whether a debtor has made, or continues to make,
charitable contributions (that meet the definition of `charitable
contribution' under section 548(d)(3)) to any qualified religious or
charitable entity or organization (as that term is defined in section
548(d)(4)).''.

SEC. 5. APPLICABILITY.

    This Act and the amendments made by this Act shall apply to any
case brought under an applicable provision of title 11, United States
Code, that is pending or commenced on or after the date of enactment of
this Act.

SEC. 6. RULE OF CONSTRUCTION.

    Nothing in the amendments made by this Act is intended to limit the
applicability of the Religious Freedom Restoration Act of 1993 (42
U.S.C. 2002bb et seq.).

Output:
Religious Liberty and Charitable Donation Protection Act of 1998 - Amends Federal bankruptcy law with respect to avoidance by the trustee in bankruptcy of fraudulent transfers and obligations to cite circumstances under which a transfer of a charitable contribution to a qualified religious or charitable unit shall not be considered to be fraudulent.  Prohibits the trustee from avoiding such charitable contributions when acting as lien creditor and successor to certain creditors and purchasers.
Excludes from "disposable income," for purposes of bankruptcy plan confirmation, up to 15 percent of the gross income of the debtor when it is expended for such charitable contributions.
Prohibits the bankruptcy court, when it determines whether to dismiss a case, from taking into consideration whether a debtor makes charitable contributions to any qualified religious or charitable entity.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited at the ``Clean Air and Water Preservation Act
of 2001''.

SEC. 2. FINDINGS.

    The Congress finds that:
            (1) The oxygenate requirement of the reformulated gasoline
        (``RFG'') program has proven effective in reducing emissions of
        exhaust hydrocarbons, nitrous oxide and carbon monoxide, known
        precursors to smog.
            (2) One oxygenate chosen by gasoline refiners to comply
        with the Clean Air Act regulations, methyl tertiary butyl ether
        (``MTBE''), has been discovered in water sources throughout the
        nation.
            (3) MTBE renders water undrinkable and is considered a
        probable carcinogen by the Environmental Protection Agency.
            (4) MTBE is highly soluble in water and slow to degrade.
        Only one gallon of MTBE is required to contaminate 26 million
        gallons of water.
            (5) An alternative oxygenate, ethanol, is a biobased
        product which produces the same reductions in emissions, is not
        as soluble in water, biodegrades rapidly, and is considered
        safe for the environment.
            (6) The oxygenate requirement of the RFG program requires 2
        percent by weight of an oxygenate be added to gasoline. Ethanol
        contains approximately twice as much as oxygen as MTBE,
        therefore supplying the RFG program with sufficient ethanol to
        replace MTBE would require half the volume of MTBE currently
        used.
            (7) The ethanol industry is expanding rapidly. Production
        capacity in 1998 was estimated at 1.8 billion gallons. New
        production facilities that came on line in 1999 has greatly
        increased this capacity.
            (8) The Department of Agriculture projects the domestic
        ethanol industry will be able to produce the approximately 3.1
        billion gallons of ethanol necessary to replace MTBE by 2004.
            (9) The U.S. Department of Agriculture estimates that
        replacing MTBE with ethanol will (A) increase the demand for
        corn for ethanol by more than 500 million bushels each year,
        improving the price of corn by 14 cents per bushel each year
        and increasing average total farm cash receipts by $1 billion
        each year; (B) create 13,000 new jobs; and (C) increase average
        US agricultural net export value by more than $200 million and
        reduce US import value of MTBE by $1.1 billion for an improved
        US trade balance of $1.3 billion each year.
            (10) Ethanol is an energy efficient fuel. A 1995 report by
        the USDA estimated one gallon of ethanol provides 25 percent
        more energy than production requires. Other studies show the
        net energy gain potential of ethanol could exceed 150 percent
        when state-of-the-art agricultural and production technologies
        are used.
            (11) Ethanol is proven to enhance the performance of
        automobiles. Currently, all vehicle manufacturers approve the
        use of 10 percent ethanol blended fuels.
            (12) Replacing MTBE with ethanol would maintain the
        emissions reductions obtained through the RFG program without
        the water contamination problems associated with MTBE.
            (13) When implementing the Clean Air Act Amendments of
        1990, the Environmental Protection Agency required, by
        regulation, that each gallon of gasoline sold in the RFG
        program contain a minimum of 1.5 percent by weight of
        oxygenate. This was not the intent of Congress in passing the
        oxygenate requirement and prohibits the most efficient use of
        oxygenates. Lifting this regulatory requirement will provide
        refiners more flexibility for complying with the RFG program
        and provide high performance gasoline year-round.
            (14) Providing such flexibility in the use of oxygenates
        could lead to an increase in the use of aromatics, many of
        which are known carcinogens. Therefore, a limit on the amount
        of aromatics added to gasoline is necessary to protect public
        health.
            (15) Providing such flexibility in the use of oxygenates
        could lead to an increase in emissions. Therefore, a
        prohibition against an increase in emissions above the level
        achieved by RFG gasoline is necessary to protect air quality.

SEC. 3. USE OF MTBE AS A FUEL ADDITIVE.

    (a) MTBE Ban.--Section 211(c) of the Clean Air Act (42 U.S.C.
7545(c)) is amended by adding at the end of paragraph (1) the
following: ``The regulations under this paragraph shall prohibit the
use of methyl tertiary butyl ether (MTBE) as a fuel additive.''.
    (b) Regulations.--The Administrator of the Environmental Protection
Agency shall amend the regulations under section 211(c)(1) of the Clean
Air Act as promptly as practicable after the date of enactment of this
Act to conform to the amendment made by subsection (a) of this section.
    (c) Effective Date.--Subsection (a) of this section shall take
effect upon the expiration of the three-year period beginning on the
date of the enactment of this Act.
    (d) Labeling.--During the period beginning on the date of enactment
of this Act and ending three years from the date of enactment, the
Administrator of the Environmental Protection Agency shall require any
person selling gasoline that contains methyl tertiary butyl ether at
retail to prominently label the fuel dispensing system for the gasoline
with a notice that the gasoline contains methyl tertiary butyl ether
(`MTBE').

SEC. 4. EXISTING MTBE WATER CONTAMINATION.

    (a) State Source Water Assessment Programs.--Section 1453(a) of the
Safe Drinking Water Act is amended by adding the following at the end
thereof:
            ``(8) MTBE Contamination.--The Administrator shall amend
        the guidelines under this subsection to require that State
        source water assessment programs be revised to prioritize
        groundwater areas and aquifers that have been contaminated, or
        are most vulnerable to contamination, by methyl tertiary butyl
        ether (`MTBE'). Each such revision shall be submitted and
        approved or disapproved by the Administrator in accordance with
        the same deadlines as applicable to the original program under
        paragraph (3).''.
    (b) EPA Cleanup Guidelines.--Section 1442 of the Safe Drinking
Water Act is amended by adding the following at the end thereof:
    ``(f) Cleanup Guidelines for MTBE.--The Administrator shall develop
a clear set of technical guidelines to assist States in the
investigation and cleanup of methyl tertiary butyl ether (`MTBE') in
groundwater.''.

SEC. 5. ALLOWING FOR OXYGEN AVERAGING WITHIN THE RFG PROGRAM.

    (a) Amendment of Clean Air Act.--Subparagraph (B) of section
211(k)(2) of the Clean Air Act and clause (v) of subparagraph (A) of
section 211(k)(3) of such Act are each amended by inserting ``an
average of'' before ``2.0 percent''.
    (b) Regulation Invalidated.--The provisions of section 80.41(b) of
part 80 of title 40 of the Code of Federal Regulations establishing a
per-gallon minimum oxygen content (percent, by weight) shall cease to
have any force and effect on the date of the enactment of this Act.

SEC. 6. ANTI-BACKSLIDING.

    (a) Ozone Forming Potential.--Section 211(k)(1) of the Clean Air
Act is amended by adding the following at the end thereof: ``No later
than June 1, 2001, the Administrator shall revise the regulations under
this paragraph as necessary to ensure that the ozone forming potential,
taking into account all ozone precursors (including volatile organic
compounds, oxides of nitrogen, and carbon monoxide), of the aggregate
emissions during the high ozone season (as defined by the
Administrator) from baseline vehicles when using reformulated gasoline
does not exceed the ozone forming potential of the aggregate emissions
from such vehicles when using reformulated gasoline that complies with
the regulations that were in effect on January 1, 2000, and applicable
to reformulated gasoline sold in calendar year 2000 and thereafter.''.
    (b) Aromatic Hydrocarbon Content.--Section 211(k)(2) of the Clean
Air Act is amended by adding the following new subparagraph at the end
thereof:
                    ``(E) Aromatic hydrocarbon content.--The aromatic
                hydrocarbon content of the gasoline shall be not
                greater than the average aromatic hydrocarbon content
                of reformulated gasoline sold in covered areas for use
                in such vehicles during the year 2000.''.

SEC. 7. DEVELOPING OXYGENATE ALTERNATIVES TO MTBE.

    The Secretary of Energy and the Administrator of the Environmental
Protection Agency shall evaluate by December 31, 2001 and report to the
President and the Congress on the potential for development of
oxygenate alternatives to methyl tertiary butyl ether (``MTBE'') not
otherwise identified in this Act, and shall evaluate what steps, if
any, would be appropriate to foster development of such alternatives
should they be found to be an acceptable substitute for MTBE.

SEC. 8. TRANSITION TO ETHANOL.

    It is the Sense of the Congress that the United States should
promote renewable ethanol to replace methyl tertiary butyl ether
(``MTBE'') and encourage oil refiners to make the transition from MTBE-
blended fuel to ethanol-blended fuel as soon as possible.

Output: Clean Air and Water Preservation Act of 2001 - Amends the Clean Air Act to prohibit the use of methyl tertiary butyl ether (MTBE) as a fuel additive. Makes such prohibition effective three years after this Act's enactment date. Amends the Safe Drinking Water Act to require the Administrator to amend certain guidelines to require State source water assessment programs to be revised to prioritize groundwater areas and aquifers that have been contaminated, or are most vulnerable to contamination, by MTBE.Revises the oxygen content requirement for reformulated gasoline under the Clean Air Act to require the oxygen content to equal or exceed an average of two percent by weight (currently, equal or exceed two percent by weight). Invalidates Federal regulations that establish a per-gallon minimum oxygen content (percent, by weight). Limits the hydrocarbon content of reformulated gasoline to the average content of such gasoline sold in covered nonattainment areas during the year 2000.Expresses the sense of Congress that the United States should promote renewable ethanol to replace MTBE and encourage oil refiners to make the transition from MTBE-blended fuel to ethanol-blended fuel as soon as possible.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Biennial Commission on Energy Policy
Act of 2013''.

SEC. 2. AMENDMENT TO DEPARTMENT OF ENERGY ORGANIZATION ACT.

    (a) In General.--Title VIII of the Department of Energy
Organization Act (42 U.S.C. 7321) is amended by striking sections 801
and 802 and inserting the following new sections:

``SEC. 801. BIENNIAL COMMISSION ON ENERGY POLICY.

    ``(a) Establishment.--There is established a commission to be known
as the `Biennial Commission on Energy Policy' (in this title referred
to as the `Commission').
    ``(b) Membership.--
            ``(1) Number and appointment.--The Commission shall be
        composed of 15 members appointed in the following manner--
                    ``(A) The President shall appoint 3 members.
                    ``(B) The Speaker of the House of Representatives
                shall appoint 3 members.
                    ``(C) The minority leader of the House of
                Representatives shall appoint 3 members.
                    ``(D) The majority leader of the Senate shall
                appoint 3 members.
                    ``(E) The minority leader of the Senate shall
                appoint 3 members.
            ``(2) Deadline for appointment.--Members of the Commission
        shall be appointed not later 30 days after the first day of the
        first session of the 114th Congress.
            ``(3) Terms.--Members shall be appointed for a term of 2
        years.
            ``(4) Consultation.--The President and Members of Congress
        specified in paragraph (1) shall consult with each other before
        appointing members to the Commission to achieve, to the maximum
        extent practicable, a diversity of experience and expertise in
        the membership of the Commission.
            ``(5) Vacancies.--Any vacancy on the Commission shall not
        affect its powers, but shall be filled in the same manner in
        which the original appointment was made. A member appointed to
        fill a vacancy occurring before the expiration of the term for
        which such member's predecessor was appointed shall be
        appointed for the remainder of that term.
            ``(6) Qualifications.--Each member appointed to the
        Commission shall have professional experience in 1 or more of
        the following areas:
                    ``(A) Governmental service.
                    ``(B) Energy production.
                    ``(C) Renewable energy resource development.
                    ``(D) Energy law.
                    ``(E) Public administration.
                    ``(F) Fossil fuel production.
                    ``(G) Energy efficiency.
                    ``(H) Environmental policy.
                    ``(I) Labor.
                    ``(J) Workplace safety.
                    ``(K) Commerce and trade.
                    ``(L) Corporate policies.
                    ``(M) Infrastructure.
                    ``(N) Foreign affairs.
            ``(7) Political affiliation.--Not more than 8 members of
        the Commission shall be affiliated with the same political
        party.
            ``(8) Restriction on government employees.--No individual
        may serve as a member of the Commission while employed as an
        officer or employee of the Federal Government or any State or
        local government.
            ``(9) Basic pay.--Each member of the Commission shall be
        compensated at a rate equal to the daily equivalent of the
        annual rate of basic pay prescribed for level IV of the
        Executive Schedule for each day (including travel time) during
        which the member is engaged in the performance of the duties of
        the Commission.
            ``(10) Travel expenses.--Each member of the Commission
        shall receive travel expenses, including per diem in lieu of
        subsistence, in accordance with applicable provisions under
        subchapter I of chapter 57 of title 5, United States Code.
    ``(c) Structure of Commission.--
            ``(1) Commencement.--The Commission shall meet and begin
        operations not later than 30 days after the date on which all
        members of the Commission have been appointed.
            ``(2) Chairperson; vice chairperson.--The chairperson and
        vice chairperson of the Commission shall be selected by the
        members.
            ``(3) Subcommittees.--Upon majority vote of the members,
        the Commission may create subcommittees composed of less than
        the full membership of the Commission to carry out specified
        duties of the Commission.
            ``(4) Quorum.--Six members of the Commission shall
        constitute a quorum.
            ``(5) Meetings.--
                    ``(A) In general.--After its initial meeting, the
                Commission shall meet upon the call of the chairperson
                or a majority of its members.
                    ``(B) Stakeholder meetings.--The Commission shall
                conduct a quarterly meeting of stakeholders to assist
                the Commission in carrying out its duties. The first
                meeting shall be held not later than 90 days after the
                date on which all members of the Commission have been
                appointed. Subsequent meetings shall be held until the
                Commission submits its final report.
                    ``(C) Attendance at stakeholder meetings.--Members
                shall be encouraged to attend stakeholder meetings held
                pursuant to subparagraph (B) either in person or via
                teleconference.

``SEC. 802. DUTIES AND POWERS OF THE COMMISSION.

    ``(a) Duties.--
            ``(1) In general.--The Commission shall carry out the tasks
        described in paragraph (2) and make recommendations for
        legislative and administrative actions to create an integrated
        and comprehensive energy policy for the United States.
            ``(2) Tasks.--To carry out paragraph (1), the Commission
        shall--
                    ``(A) analyze the accessibility, affordability,
                reliability, resiliency, and sustainability of the
                energy sources in the United States, including coal,
                oil, natural gas, wind, solar, nuclear, hydropower,
                geothermal, and biofuels;
                    ``(B) assess policy options to increase domestic
                energy supplies and energy efficiency;
                    ``(C) evaluate energy storage, transmission, and
                distribution requirements that shall include
                intermittent energy sources;
                    ``(D) analyze the prospective role of stakeholders,
                including academia, industry representatives, the
                public, Federal laboratories (as defined in section 4
                of the Stevenson-Wydler Technology Innovation Act of
                1980 (15 U.S.C. 3703)), and Federal agencies in
                creating an integrated and comprehensive energy policy;
                    ``(E) assess the effectiveness of and need for
                energy programs, including tax incentives, funding
                mechanisms, and energy subsidies;
                    ``(F) make recommendations for changes to the
                organization of executive branch entities to facilitate
                the development and implementation of national energy
                objectives;
                    ``(G) study relevant matters, as determined by the
                Commission, raised at the stakeholder meetings
                described in section 801(c)(5)(B); and
                    ``(H) study other relevant matters as determined by
                the Commission.
            ``(3) Materials studied.--The Commission shall review
        materials on energy, including--
                    ``(A) enacted and proposed Federal and State laws,
                regulations, policies, and programs;
                    ``(B) information developed by relevant
                governmental and nongovernmental agencies, including
                Federal laboratories;
                    ``(C) scientific and technical literature and
                publications; and
                    ``(D) studies conducted by other entities.
    ``(b) Reports.--
            ``(1) Progress reports.--Not later than July 1 of the first
        and third year of each Presidential term, the Commission shall
        submit progress reports to Congress describing the activities
        of the Commission and a summary of the information gathered
        pursuant to subsection (a).
            ``(2) In general.--Not later than July 1 of the second and
        fourth year of each Presidential term, the Commission shall
        submit to Congress a report that shall include--
                    ``(A) the findings and conclusions of the
                Commission based on tasks carried out pursuant to
                subsection (a)(2); and
                    ``(B) recommendations for legislative and
                administrative actions described in subsection (a)(1).
            ``(3) Publication.--Reports submitted pursuant to paragraph
        (2) shall be made publicly available via a website.
    ``(c) Powers.--
            ``(1) Hearings and sessions.--The Commission may, for the
        purpose of carrying out this section, hold hearings, sit and
        act at times and places, take testimony, and receive evidence
        as the Commission considers appropriate. The Commission may
        administer oaths or affirmations to witnesses appearing before
        it.
            ``(2) Powers of subcommittees.--Any subcommittee created
        pursuant to section 801(c)(3) may, if authorized by the
        Commission, take any action which the Commission is authorized
        to take by this title.
            ``(3) Gifts.--The Commission may accept, use, and dispose
        of gifts or donations of services or property.
            ``(4) Postal services.--The Commission may use the United
        States mails in the same manner and under the same conditions
        as Federal departments and agencies.
            ``(5) Contract authority.--To the extent or in the amounts
        provided in advance in appropriation Acts, the Commission may
        contract with government and private agencies or persons for
        the purpose of carrying out this section, without regard to
        section 3709 of the Revised Statutes (41 U.S.C. 5).
            ``(6) Obtaining official data.--The Commission may secure
        directly from any department or agency of the United States
        information necessary to enable it to carry out this title.
        Upon request of the chairperson, vice chairperson, or a
        subcommittee of the Commission, the head of such department or
        agency shall furnish such information to the Commission.

``SEC. 803. PERSONNEL MATTERS.

    ``(a) Executive Director and Staff.--The chairperson of the
Commission may, without regard to the provisions of title 5, United
States Code, governing appointments in the competitive service, appoint
and terminate an executive director and not more than five additional
staff members. The employment of an executive director shall be subject
to confirmation by the Commission.
    ``(b) Pay.--The chairperson of the Commission may fix the
compensation of the executive director and staff without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of title 5,
United States Code, relating to classification and General Schedule pay
rates, except that an individual appointed under paragraph (1) may not
receive pay in excess of the annual rate of basic pay for level V of
the Executive Schedule.
    ``(c) Detail of Government Employees.--Upon request of the
chairperson of the Commission, the head of any department or agency of
the Federal Government may detail, on a nonreimbursable basis, any
personnel of the department or agency to the Commission to assist the
Commission in carrying out its duties.
    ``(d) Procurement of Temporary and Intermittent Services.--The
chairperson of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent of the annual
rate of basic pay prescribed for level IV of the Executive Schedule
under section 5316 of such title.

``SEC. 804. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated $3,000,000 to the
Secretary of Energy, without fiscal year limitation, to carry out this
title.''.
    (b) Table of Contents Amendments.--The table of contents of such
Act is amended by striking the items relating to sections 801 and 802
and inserting the following:

``801. Biennial Commission on Energy Policy.
``802. Duties and powers of the Commission.
``803. Personnel matters.
``804. Authorization of appropriations.''.

SEC. 3. EFFECTIVE DATE.

    The amendments made by this Act shall take effect on the first day
of the first session of the 114th Congress.

Output: Biennial Commission on Energy Policy Act of 2013 - Amends the Department of Energy Organization Act to establish the Biennial Commission on Energy Policy.   Directs the Commission to: (1) analyze the accessibility, affordability, reliability, resiliency, and sustainability of energy sources in the United States, including coal, oil, natural gas, wind, solar, nuclear, hydropower, geothermal, and biofuels; (2) assess policy options to increase domestic energy supplies and energy efficiency; (3) evaluate energy storage, transmission, and distribution requirements including intermittent energy sources; (4) analyze the prospective role of stakeholders in creating an integrated and comprehensive energy policy, including academia, industry representatives, the public, and federal laboratories and agencies; (5) assess the effectiveness of and need for energy programs, including tax incentives, funding mechanisms, and energy subsidies; and (6) make recommendations for changes to the organization of executive branch entities to facilitate the development and implementation of national energy objectives.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Home-Based Health Services Training
and Employment Act of 2012''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds the following:
            (1) The ``baby boom'' generation will require health care
        attention that will exceed the current supply of health care
        providers.
            (2) There is a shortage of training programs specializing
        in health care and long-term services that focus on home care
        instead of institutionalized care.
            (3) Although the need for home-based health services
        transcends all income levels, the availability of such services
        is more limited for residents of public housing.
            (4) Estimates indicate that there are 44,000,000 caregivers
        in the United States providing unpaid care to at least one
        adult, representing 22,900,000 households.
            (5) Of working persons providing unpaid care, 62 percent
        have had to make adjustments to work schedules or leave
        employment.
            (6) Many low-income families in the United States are
        placed in an untenable position of choosing between work and
        caregiving responsibilities at home.
            (7) Many residents of public housing in the United States
        are aging and in need of care.
            (8) The Department of Housing and Urban Development
        estimates the percentage of households assisted by the
        Department that are elderly households is 35 percent in New
        York, 33 percent in Boston, 35 percent in Chicago, 24 percent
        in Cleveland, 40 percent in Los Angeles, and 20 percent in
        Puerto Rico.
            (9) New service programs are needed to provide home-based
        health services to residents of public housing and to provide
        job training and job placement for persons receiving assistance
        from the Department of Housing and Urban Development needing
        employment.
            (10) The Department of Housing and Urban Development should
        establish a home-based health services pilot program to meet
        the challenges of the increasing number of elderly persons and
        persons with disabilities in public housing, which would
        simultaneously create an opportunity to train job seekers in a
        trade that provides home-based health services.
    (b) Purposes.--The purposes of this Act are--
            (1) to give flexibility to the Department of Housing and
        Urban Development and other entities to establish training
        programs in home-based health services for public housing
        residents; and
            (2) to provide needed home care options to elderly and
        disabled public housing residents (including elderly and
        disabled veterans who are public housing residents) and elderly
        and disabled residents of federally-assisted rental housing to
        allow them to remain in their homes and their communities.

SEC. 3. PILOT GRANT PROGRAM TO TRAIN PUBLIC HOUSING RESIDENTS TO
              PROVIDE COVERED HOME-BASED HEALTH SERVICES.

    Section 34 of the United States Housing Act of 1937 (42 U.S.C.
1437z-6) is amended by adding at the end the following new subsections:
    ``(f) Pilot Grant Program To Train Public Housing Residents To
Provide Covered Home-Based Health Services.--
            ``(1) Establishment of pilot grant program.--The Secretary,
        in consultation with the Secretary of Health and Human
        Services, shall establish a competitive grant program to make
        grants to eligible entities under paragraph (2) for use for the
        training of public housing residents as home health aides and
        as providers of home-based health services (including as
        personal and home care aides) to enable such residents to
        provide covered home-based health services to--
                    ``(A) residents of public housing who are elderly
                or disabled, or both (including elderly and disabled
                veterans who are residents of public housing); and
                    ``(B) subject to the criteria set forth pursuant to
                paragraph (3), residents of federally-assisted rental
                housing who are elderly or disabled, or both.
            ``(2) Eligible entities.--A grant under this subsection may
        be made only to an entity that--
                    ``(A) is a public housing agency or other unit of
                State or local government (including an agency of such
                unit), community health center, home care provider
                organization, faith-based organization, labor
                organization, or other organization determined to be
                qualified by the Secretary; and
                    ``(B) demonstrates to the satisfaction of the
                Secretary that it has established, or provides such
                assurances that it will establish, an employment
                training program to train public housing residents to
                provide covered home-based health services that
                complies with regulations that the Secretary shall
                issue.
            ``(3) Residents of federally-assisted rental housing.--The
        Secretary may set forth criteria under which an entity
        receiving funding under this subsection may train public
        housing residents to provide covered home-based health services
        to elderly and disabled residents of federally-assisted rental
        housing.
            ``(4) Application.--To be eligible for a grant under this
        subsection an eligible entity under paragraph (2) shall submit
        to the Secretary an application at such time, in such manner,
        and containing such information as the Secretary shall require.
            ``(5) Competitive grant awards.--
                    ``(A) General criteria for selection.--The
                Secretary shall establish policies and procedures for
                reviewing and approving funding for eligible entities
                through a competitive process taking into
                consideration--
                            ``(i) with respect to the service area in
                        which public housing residents trained under an
                        employment training program described in
                        paragraph (2)(B) will provide covered home-
                        based health services--
                                    ``(I) the percentage of residents
                                age 62 and older;
                                    ``(II) the percentage of disabled
                                residents; and
                                    ``(III) the percentage of
                                unemployed or underemployed residents;
                            ``(ii) the ability of an eligible entity to
                        provide training that leads to the provision of
                        quality care;
                            ``(iii) the record of the quality of care
                        of an eligible entity; and
                            ``(iv) such other criteria as determined by
                        the Secretary.
                    ``(B) Geographic consideration.--In awarding
                grants, the Secretary shall consider a geographic mix
                of a variety of eligible entities so that the grant
                program will include at least--
                            ``(i) one employment training program
                        described in paragraph (2)(B) that primarily
                        serves an urban population;
                            ``(ii) one employment training program
                        described in paragraph (2)(B) that primarily
                        serves a rural population;
                            ``(iii) one employment training program
                        described in paragraph (2)(B) that primarily
                        serves an Indian population; and
                            ``(iv) one employment training program
                        described in paragraph (2)(B) that primarily
                        serves a population in the Commonwealth of
                        Puerto Rico, the United States Virgin Islands,
                        Guam, American Samoa, or the Commonwealth of
                        the Northern Mariana Islands.
            ``(6) Use of grant funds.--An entity receiving funding
        under this subsection may use such funds--
                    ``(A) to establish (or maintain) and carry-out an
                employment training program to train public housing
                residents to provide covered home-based health care
                services to elderly and disabled public housing
                residents and elderly and disabled residents of
                federally-assisted rental housing;
                    ``(B) for the transportation expenses of public
                housing residents in training under such an employment
                training program;
                    ``(C) for the child care expenses of public housing
                residents in training under such an employment training
                program;
                    ``(D) for the administrative expenses of carrying
                out such an employment training program; and
                    ``(E) for any other activity the Secretary
                determines appropriate.
            ``(7) Report to congress.--Not later than 24 months after
        the date of the enactment of the Home-Based Health Services
        Training and Employment Act of 2012, the Secretary shall submit
        to Congress a report on the use and impact of the grant program
        established by this subsection. The report shall include--
                    ``(A) a review of the effectiveness of the program
                in--
                            ``(i) providing jobs for public housing
                        residents;
                            ``(ii) meeting the unmet health and long-
                        term care needs of elderly and disabled
                        residents of public housing and elderly and
                        disabled residents of federally-assisted rental
                        housing; and
                            ``(iii) enabling the provision of quality
                        care; and
                    ``(B) any recommendations the Secretary determines
                appropriate regarding the grant program.
            ``(8) Definitions.--As used in this subsection, subsection
        (g), and subsection (h):
                    ``(A) Home-based health services.--The term `home-
                based health services' means health care and long-term
                services provided to an individual in a place of
                residence used as such individual's home and includes--
                            ``(i) home health services described in
                        section 1861(m) of the Social Security Act (42
                        U.S.C. 1395x(m));
                            ``(ii) personal care services described in
                        section 1905(a)(24) of such Act (42 U.S.C.
                        1396d(a)(24)); and
                            ``(iii) home-based services which may be
                        covered under a waiver under subsection (c) or
                        (d) of section 1915 of such Act (42 U.S.C.
                        1396n).
                    ``(B) Home health aide.--The term `home health
                aide' has the meaning given the term in section
                1891(a)(3)(E) of the Social Security Act (42 U.S.C.
                1395bbb(a)(3)(E)).
                    ``(C) Covered.--The term `covered' means, with
                respect to home-based health services, such services--
                            ``(i) for which medical assistance is
                        available under a State plan under title XIX of
                        the Social Security Act; or
                            ``(ii) for which financial assistance is
                        available under subsection (g).
                    ``(D) Federally-assisted rental housing.--The term
                `federally-assisted rental housing' means--
                            ``(i) housing assisted under section 202 of
                        the Housing Act of 1959 (12 U.S.C. 1701q);
                            ``(ii) housing assisted under section 515
                        of the Housing Act of 1949 (42 U.S.C. 1485);
                            ``(iii) housing assisted under section 8 of
                        the United States Housing Act of 1937 (42
                        U.S.C. 1437f) (including project-based and
                        tenant-based assistance);
                            ``(iv) housing assisted under the block
                        grant program under the Native American Housing
                        Assistance and Self-Determination Act of 1996
                        (25 U.S.C. 4101 et seq.);
                            ``(v) housing financed by a mortgage
                        insured under section 221(d)(3) of the National
                        Housing Act (12 U.S.C. 1715l(d)(3)) or held by
                        the Secretary, a State, or State agency; and
                            ``(vi) housing assisted under section 811
                        of the Cranston-Gonzalez National Affordable
                        Housing Act (42 U.S.C. 8013).
            ``(9) Inapplicability of previous subsections.--Subsections
        (a) through (e) shall not apply to this subsection, subsection
        (g), and subsection (h).
            ``(10) Rule of construction.--This subsection and
        subsection (g) may not be construed as affecting any
        requirement under State law for training, licensure, or any
        other certification as a home health aide or as a provider of
        any home-based health service under this subsection and
        subsection (g).
            ``(11) Regulations.--Not later than 6 months after the date
        of enactment of the Home-Based Health Services Training and
        Employment Act of 2012, the Secretary shall issue regulations
        to carry out this subsection.
    ``(g) Financial Assistance for Home-Based Health Services in
Certain Jurisdictions.--
            ``(1) Financial assistance.--The Secretary, in consultation
        with the Secretary of Health and Human Services, may provide
        financial assistance under this subsection to entities
        receiving grant funds under the pilot program established under
        subsection (f) that provide training for public housing
        residents as home health aides and as providers of home-based
        health services and provide (or pay for) such services for use
        only for their costs in providing (or paying for) such services
        to--
                    ``(A) residents of public housing who are elderly
                or disabled, or both (including elderly or disabled
                veterans who are residents of public housing); or
                    ``(B) at the discretion of the Secretary, residents
                of federally-assisted rental housing who are elderly or
                disabled, or both.
            ``(2) Requirements.--
                    ``(A) Location.--Assistance under paragraph (1) may
                be provided only for services furnished in locations in
                which medical assistance for home-based health services
                is not available under a State plan under title XIX of
                the Social Security Act.
                    ``(B) Trained public housing residents.--Assistance
                under paragraph (1) may be used only for costs of
                services described in paragraph (1) that are provided
                by public housing residents trained by an entity
                receiving grant funds under the pilot program
                established under subsection (f).
            ``(3) Eligibility.--To be eligible for financial assistance
        under this subsection an entity shall--
                    ``(A) provide such assurances as the Secretary
                shall require that it will use the funds only as
                provided in paragraphs (1) and (2);
                    ``(B) submit to the Secretary an application at
                such time, in such manner, and containing such
                information as the Secretary requires; and
                    ``(C) comply with such other terms and conditions
                as the Secretary shall establish to carry out this
                subsection.
    ``(h) Impact of Income on Eligibility for Housing Benefits.--For
any resident of public housing who is trained as a home health aide or
as a provider of home-based health services pursuant to the program
under subsection (f), any income received by such resident for
providing covered home-based health services shall apply towards
eligibility for benefits under Federal housing programs as follows:
            ``(1) No income received shall apply for the 12 months
        after the completion of the training of such resident.
            ``(2) Twenty-five percent of income received shall apply
        for the period that is 12 to 24 months after the completion of
        the training of such resident.
            ``(3) Fifty percent of income received shall apply for the
        period that is 24 to 36 months after the completion of the
        training of such resident.
            ``(4) One-hundred percent of income received shall apply
        for any period that begins after 36 months after the completion
        of the training of such resident.''.

Output:
Home-Based Health Services Training and Employment Act of 2012 - Amends the United States Housing Act of 1937 to direct the Secretary of Housing and Urban Development (HUD) to establish a pilot program to make grants on a competitive basis to eligible entities for the training of public housing residents as home health aides and providers of home-based health services to enable them to provide covered home-based health services (i.e., services for which medical assistance is available under a state Medicaid plan or for which financial assistance is available under this Act) to residents of: (1) public housing who are elderly, disabled, or both; and (2) federally-assisted rental housing who are elderly, disabled, or both, subject to criteria that the Secretary may establish.

Authorizes the use of grant funds: (1) to establish or maintain and carry out a program to train public housing residents to provide covered home-based health care services to elderly and disabled public housing residents and to elderly and disabled residents of federally-assisted rental housing, (2) for the transportation and child care expenses of public housing residents in training, and (3) for the administrative expenses of carrying out such a program.

Provides that for any resident of public housing who is trained as a home health aide or as a provider of home-based health services under the program, any income received for providing covered home-based health services shall apply towards eligibility for benefits under federal housing programs as specified, based on length of time following completion of the training.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Credit Cost Reduction Act of
1994''.

SEC. 2. TREATMENT OF ADMINISTRATIVE COSTS REGARDING DIRECT AND
              GUARANTEED LOANS.

    Paragraph (5)(A) of section 502 of the Federal Credit Reform Act of
1990 (2 U.S.C. 661a(5)(A)) is amended by striking ``excluding'' and
inserting ``including''.

SEC. 3. TREATMENT OF ADMINISTRATIVE COSTS IN THE PRESIDENT'S ANNUAL
              BUDGET SUBMISSION.

    Section 1105(a) of title 31, United States Code, is amended by
adding at the end the following new paragraphs:
            ``(29) a separate listing of administrative costs for
        direct loans and loan guarantees computed on a cash accounting
        basis for any such loans and guarantees originating before
        enactment of this paragraph.
            ``(30) an appendix setting forth on a cash accounting basis
        the administrative costs of all loans and loan guarantees by
        program, by agency, and for the Government.''.

SEC. 4. FEDERAL CREDIT SUBSIDY RATES.

    (a) Definition of Subsidy Rate.--Section 502 of the Federal Credit
Reform Act of 1990 (2 U.S.C. 661a) is amended by adding at the end the
following new paragraph:
            ``(10) The term `subsidy rate' for a fiscal year means--
                    ``(A) in the case of a direct loan, the cost of all
                loans made for a covered program during that year
                divided by the total direct loan obligations for that
                same covered program; and
                    ``(B) in the case of a loan guarantee commitment,
                the cost of all loan guarantees incurred for a covered
                program during that year divided by the total amount of
                the loan guarantee commitments for that same covered
                program.''.
    (b) Maximum Subsidy Rates.--(1) The Federal Credit Reform Act of
1990 is amended by adding at the end the following new section:

``SEC. 508. MAXIMUM FEDERAL CREDIT SUBSIDY RATES.

    ``(a) Maximum Subsidy Rates.--The maximum permissible subsidy rate
for each covered program for a fiscal year is the following: 40 percent
for fiscal year 1995, 30 percent for fiscal year 1996, 20 percent for
fiscal year 1997, 10 percent for fiscal year 1998, and 5 percent for
fiscal year 1999.
    ``(b) Covered Programs.--The covered programs to which subsection
(a) applies are the credit reform program accounts covered by the
Federal Credit Reform Act of 1990.
    ``(c) Estimates.--The subsidy rates for a fiscal year shall be
determined on the basis of estimates made by the Director of the
Congressional Budget Office.''.
    (2) Section 1(b) of the Congressional Budget and Impoundment
Control Act of 1974 is amended by inserting after the item relating to
section 507 the following new item:

``Sec. 508. Maximum Federal credit subsidy rates.''.
    (c) Point of Order.--Section 301 of the Congressional Budget Act of
1974 is amended by adding at the end the following new subsection:
    ``(j) It shall not be in order in the House of Representatives or
the Senate to consider any concurrent resolution on the budget for any
fiscal year that would allow the maximum permissible subsidy rate (as
set forth in section 508) for any covered program for that fiscal year
to be breached.''.
    (d) Allocations.--(1) Section 602(a)(1)(A) of the Congressional
Budget Act of 1974 is amended by striking ``and'' at the end of clause
(ii), by striking the comma and inserting ``; and'' at the end of
clause (iii), and by inserting after clause (iii) the following new
clause:
                            ``(iv) total credit authority (that does
                        not cause the maximum permissible subsidy rate
                        (as set forth in section 508) for any covered
                        program to be breached);''.
    (2) Section 602(a)(2) of the Congressional Budget Act of 1974 is
amended by striking ``and'' at the end of subparagraph (B), by
inserting ``and'' at the end of subparagraph (C), and by inserting
after subparagraph (C) the following new subparagraph:
                    ``(D) total credit authority (that does not cause
                the maximum permissible subsidy rate (as set forth in
                section 508) for any program to be breached);''.
    (e) Contents of Budget Resolutions.--Section 301(a) of the
Congressional Budget Act of 1974 is amended by striking ``and'' at the
end of paragraph (6), by striking the period and inserting ``; and'' at
the end of paragraph (7), and by inserting after paragraph (7) the
following new paragraph:
            ``(8) for purposes of enforcement of section 508, the total
        credit authority for each covered program, but which total
        shall not cause the maximum permissible subsidy rate (as set
        forth in that section) for that program to be breached.''.

SEC. 5. EFFECTIVE DATE.

    This Act and the amendments made by it shall apply with respect to
fiscal years beginning after the date of enactment of this Act.

Output:
Federal Credit Cost Reduction Act of 1994 - Amends the Federal Credit Reform Act of 1990 to include administrative costs (which, currently, are expressly excluded) in the estimated long-term costs to the Government of direct loans and loan guarantees.
Amends Federal law to require the President's annual budget to contain a separate listing of administrative costs for direct loans and loan guarantees on a cash accounting basis and an appendix of such costs by program, by agency, and for the Government.
Establishes maximum permissible subsidy rates for each credit reform program account.  Reduces such rates from 40 percent for FY 1995 to five percent by FY 1999.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Physicians Comparability
Allowance Amendments of 2000''.

SEC. 2. AUTHORITY MADE PERMANENT.

    (a) In General.--
        (1) Amendment to title 5, united states code.--The second
    sentence of section 5948(d) of title 5, United States Code, is
    repealed.
        (2) Amendment to the federal physicians comparability allowance
    act of 1978.--Section 3 of the Federal Physicians Comparability
    Allowance Act of 1978 (5 U.S.C. 5948 note) is repealed.
    (b) Technical and Conforming Amendments.--Section 5948 of title 5,
United States Code, is amended--
        (1) by repealing paragraph (2) of subsection (j); and
        (2) in subsection (j)(1)--
            (A) by striking ``(j)(1)'' and inserting ``(j)'';
            (B) by redesignating subparagraphs (A) through (E) as
        paragraphs (1) through (5), respectively; and
            (C) in paragraph (5) (as so redesignated by this paragraph)
        by striking ``subparagraph (B)'' and inserting ``paragraph
        (2)''.

SEC. 3. TREATMENT OF ALLOWANCES AS PART OF BASIC PAY FOR RETIREMENT
              PURPOSES.

    (a) Definition of Basic Pay.--Section 8331(3) of title 5, United
States Code, is amended--
        (1) in subparagraph (F) by striking ``and'' after the
    semicolon;
        (2) in subparagraph (G) by inserting ``and'' after the
    semicolon;
        (3) by inserting after subparagraph (G) the following:
            ``(H) any amount received under section 5948 (relating to
        physicians comparability allowances);''; and
        (4) in the matter following subparagraph (H) (as added by
    paragraph (3)) by striking ``through (G)'' and inserting ``through
    (H)''.
    (b) Civil Service Retirement System.--
        (1) Computation rules.--Section 8339 of title 5, United States
    Code, is amended by adding at the end the following:
    ``(s)(1) For purposes of this subsection, the term `physicians
comparability allowance' refers to an amount described in section
8331(3)(H).
    ``(2) Except as otherwise provided in this subsection, no part of a
physicians comparability allowance shall be treated as basic pay for
purposes of any computation under this section unless, before the date
of the separation on which entitlement to annuity is based, the
separating individual has completed at least 15 years of service as a
Government physician (whether performed before, on, or after the date
of the enactment of this subsection).
    ``(3) If the condition under paragraph (2) is met, then, any
amounts received by the individual in the form of a physicians
comparability allowance shall (for the purposes referred to in
paragraph (2)) be treated as basic pay, but only to the extent that
such amounts are attributable to service performed on or after the date
of the enactment of this subsection, and only to the extent of the
percentage allowable, which shall be determined as follows:

``If the total amount of service

  performed, on or after the date of
                                                    Then, the percentage
   the enactment of this subsection,
                                                       allowable is:
  as a Government physician is:

    Less than 2 years.........................................
                                                                  0
    At least 2 but less than 4 years..........................
                                                                 25
    At least 4 but less than 6 years..........................
                                                                 50
    At least 6 but less than 8 years..........................
                                                                 75
    At least 8 years..........................................
                                                                100.

    ``(4) Notwithstanding any other provision of this subsection, 100
percent of all amounts received as a physicians comparability allowance
shall, to the extent attributable to service performed on or after the
date of the enactment of this subsection, be treated as basic pay
(without regard to any of the preceding provisions of this subsection)
for purposes of computing--
        ``(A) an annuity under subsection (g); and
        ``(B) a survivor annuity under section 8341, if based on the
    service of an individual who dies before separating from
    service.''.
        (2) Government physician defined.--Section 8331 of title 5,
    United States Code, is amended by striking ``and'' at the end of
    paragraph (26), by striking the period at the end of paragraph (27)
    and inserting ``; and'', and by adding at the end the following:
        ``(28) `Government physician' has the meaning given that term
    under section 5948.''.
    (c) Federal Employees' Retirement System.--
        (1) Computation rules.--Section 8415 of title 5, United States
    Code, is amended by adding at the end the following:
    ``(i)(1) For purposes of this subsection, the term `physicians
comparability allowance' refers to an amount described in section
8331(3)(H).
    ``(2) Except as otherwise provided in this subsection, no part of a
physicians comparability allowance shall be treated as basic pay for
purposes of any computation under this section unless, before the date
of the separation on which entitlement to annuity is based, the
separating individual has completed at least 15 years of service as a
Government physician (whether performed before, on, or after the date
of the enactment of this subsection).
    ``(3) If the condition under paragraph (2) is met, then, any
amounts received by the individual in the form of a physicians
comparability allowance shall (for the purposes referred to in
paragraph (2)) be treated as basic pay, but only to the extent that
such amounts are attributable to service performed on or after the date
of the enactment of this subsection, and only to the extent of the
percentage allowable, which shall be determined as follows:

``If the total amount of service

  performed, on or after the date of
                                                    Then, the percentage
   the enactment of this subsection,
                                                       allowable is:
  as a Government physician is:

    Less than 2 years.........................................
                                                                  0
    At least 2 but less than 4 years..........................
                                                                 25
    At least 4 but less than 6 years..........................
                                                                 50
    At least 6 but less than 8 years..........................
                                                                 75
    At least 8 years..........................................
                                                                100.

    ``(4) Notwithstanding any other provision of this subsection, 100
percent of all amounts received as a physicians comparability allowance
shall, to the extent attributable to service performed on or after the
date of the enactment of this subsection, be treated as basic pay
(without regard to any of the preceding provisions of this subsection)
for purposes of computing--
        ``(A) an annuity under section 8452; and
        ``(B) a survivor annuity under subchapter IV, if based on the
    service of an individual who dies before separating from
    service.''.
        (2) Government physician defined.--Section 8401 of title 5,
    United States Code, is amended by striking ``and'' at the end of
    paragraph (32), by striking the period at the end of paragraph (33)
    and inserting ``; and'', and by adding at the end the following:
        ``(34) the term `Government physician' has the meaning given
    such term under section 5948.''.
    (d) Conforming Amendment.--Section 5948(h)(1) of title 5, United
States Code, is amended by striking ``chapter 81, 83, or 87'' and
inserting ``chapter 81 or 87''.

                               Speaker of the House of Representatives.

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

Output:
Redefines "basic pay" to include any amounts received as physicians comparability allowances as part of basic pay for Federal employee retirement purposes.
Amends provisions relating to the computation of an annuity under the Civil Service Retirement System (CSRS) and the Federal Employees Retirement System (FERS) to prohibit any part of such an allowance from being treated as basic pay unless, before the date of the separation on which entitlement to annuity is based, the separating individual has completed at least 15 years of service as a Government physician. Requires, if such condition is met, that any amounts received by the individual as such an allowance shall be treated as basic pay, but only to the extent that such amounts are attributable to service performed on or after the enactment of this Act, and only to the extent of the percentage allowable as specified by this Act. Requires that 100 percent of all amounts received as such an allowance, to the extent attributable to service performed on or after enactment, be treated as basic pay (without regard to any of the preceding provisions of this paragraph) for purposes of computing: (1) an annuity of a disabled employee or member; and (2) a survivor annuity if based on the service of an individual who dies before separating from service.