Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``IP-Enabled Voice Communications and
Public Safety Act of 2007''.

SEC. 2. DUTY TO PROVIDE 9-1-1 AND E-9-1-1 SERVICE.

    (a) In General.--The Wireless Communications and Public Safety Act
of 1999 (47 U.S.C. 615 et seq.) is amended by adding at the end the
following:

``SEC. 7. IP-ENABLED VOICE SERVICE PROVIDERS.

    ``(a) In General.--It shall be the duty of every IP-enabled voice
service provider engaged in interstate or foreign communication to
provide 9-1-1 service, including enhanced 9-1-1 service, to its
subscribers in accordance with orders of the Commission in effect on
the date of enactment of the IP-Enabled Voice Communications and Public
Safety Act of 2007, as such orders may be modified by the Commission
from time to time.
    ``(b) Access to 9-1-1 Components.--
            ``(1) Regulations.--Within 90 days after the date of
        enactment of the IP-Enabled Voice Communications and Public
        Safety Act of 2007, the Commission shall issue regulations
        granting IP-enabled voice service providers right of access to
        9-1-1 components that are necessary to provide 9-1-1 service,
        on the same rates, terms, and conditions that are provided to
        commercial mobile service providers. In promulgating the
        regulations, the Commission shall take into account any
        technical, network security, or information privacy issues that
        are specific to IP-enabled voice services, including the
        security of 9-1-1 networks. The Commission shall require IP-
        enabled voice service providers to which the regulations apply
        to register with the Commission and to establish a point of
        contact for public safety and government officials relative to
        9-1-1 service and access.
            ``(2) Delegation of enforcement to state commissions.--The
        Commission may delegate authority to enforce the regulations
        issued under paragraph (1) to State commissions or other State
        agencies or programs with jurisdiction over emergency
        communications.
    ``(c) Savings Clause.--Nothing in the IP-Enabled Voice
Communications and Public Safety Act of 2007 shall be construed as
repealing or otherwise altering, modifying, affecting, or superseding
Federal regulations obligating an IP-enabled voice service provider to
provide 9-1-1 service or enhanced 9-1-1 service.
    ``(d) Limitation on Commission.--Nothing in this section shall be
construed to permit the Commission to issue regulations that require or
impose a specific technology or technological standard.
    ``(e) FCC Authority To Require 9-1-1 Service.--The Commission may
require any provider of a voice service that is a substitute for
telephone exchange service (as defined in section 3(47) of the
Communications Act of 1934 (47 U.S.C. 153(47))) to provide 9-1-1
service, including enhanced 9-1-1 service, to its subscribers. Nothing
in this subsection shall limit or otherwise affect the authority of the
Commission under the Communications Act of 1934 (47 U.S.C. 151 et
seq.).''.
    (b) Definitions.--Section 6 of the Wireless Communications and
Public Safety Act of 1999 (47 U.S.C. 615b) is amended by adding at the
end thereof the following:
            ``(8) IP-enabled voice service.--The term `IP-enabled voice
        service' has the meaning given the term `Interconnected VoIP
        Service' by section 9.3 of the Commission's regulations (47
        C.F.R. 9.3).
            ``(9) IP-enabled 9-1-1 service.--The term `IP-enabled 9-1-1
        service' means any 9-1-1 service provided by an IP-enabled
        voice service provider, including enhanced IP-enabled 9-1-1
        service.
            ``(10) Enhanced ip-enabled 9-1-1 service.--The term
        `enhanced IP-enabled 9-1-1 service' means any enhanced 9-1-1
        service so designated by the Federal Communications Commission
        in its Report and Order in WC Docket Nos. 04-36 and 05-196, or
        any successor proceeding.
            ``(11) 9-1-1 component.--The term `9-1-1 component' means
        any equipment, network, databases (including automatic location
        information databases and master street address guides),
        interface, selective router, trunkline, non-dialable p-ANI's,
        or other related facility necessary for the delivery and
        completion of 9-1-1 or E-9-1-1 calls and information related to
        such calls, as determined by the Commission.''.

SEC. 3. PARITY OF PROTECTION FOR PROVISION OR USE OF IP-ENABLED VOICE
              SERVICE.

    (a) In General.--Section 4 of the Wireless Communications and
Public Safety Act of 1999 (47 U.S.C. 615a) is amended--
            (1) by striking ``carrier,'' in subsection (a) and
        inserting ``carrier, IP-enabled voice service provider, or
        alternative emergency communications service provider,'';
            (2) by striking ``its'' the first place it appears in
        subsection (a) and inserting ``their'';
            (3) by striking ``emergency calls or emergency services.''
        in subsection (a) and inserting ``emergency calls, emergency
        services, or alternative emergency communications services.'';
            (4) by striking ``service shall'' in subsection (b) and
        inserting ``service, or IP-enabled voice service, shall'';
            (5) by striking ``wireless.'' in subsection (b) and
        inserting ``wireless, IP-enabled, or alternative emergency
        communications.'';
            (6) by striking ``communications,'' in subsection (c) and
        inserting ``communications, IP-enabled voice service
        communications, or alternative emergency communications,''; and
            (7) by striking ``wireless.'' in subsection (c) and
        inserting ``wireless, IP-enabled, or alternative emergency
        communications.''.
    (b) Definitions.--Section 6 of the Wireless Communications and
Public Safety Act of 1999 (47 U.S.C. 615b), as amended by section 2(b),
is further amended by adding at the end thereof the following:
            ``(12) Alternative emergency communications service.--The
        term `alternative emergency communications service' means the
        provision of emergency information to a public safety answering
        point via wire or radio communications, and may include 9-1-1
        and enhanced 9-1-1 Services.
            ``(13) Alternative emergency communications service
        provider.--The term `alternative emergency communications
        service provider' means an entity other than a local exchange
        carrier, wireless carrier, or an IP-enabled voice service
        provider that is required by the Commission or, in the absence
        of any such requirement, is specifically authorized by the
        appropriate local or State 9-1-1 governing authority, to
        provide alternative emergency communications services.''.

SEC. 4. STATE AUTHORITY OF FEES.

    Nothing in this Act, the Communications Act of 1934 (47 U.S.C. 151
et seq.), the Wireless Communications and Public Safety Act of 1999 (47
U.S.C. 615a), or any Federal Communications Commission regulation or
order shall prevent the imposition on, or collection by, a provider of
IP-enabled voice services or commercial mobile service, of any fee or
charge specifically designated by a State, political subdivision
thereof, or Indian tribe for the support of 9-1-1 or E 099-1-1 services
if that fee or charge--
            (1) for IP-enabled voice services, does not exceed the
        amount of any such fee or charge imposed on or collected by a
        provider of telecommunications services; and
            (2) is obligated or expended in support of 9-1-1 and E 099-
        1-1 services, or enhancements of such services, or other
        emergency communications services as specified in the provision
        of State or local law adopting the fee or charge.

SEC. 5. FEE ACCOUNTABILITY.

    To ensure efficiency, transparency, and accountability in the
collection and expenditure of 9-1-1 fees, the Federal Communications
Commission shall submit a report within 1 year after the date of
enactment of this Act, and annually thereafter, to the Senate Committee
on Commerce, Science, and Transportation and the House of
Representatives Committee on Energy and Commerce detailing the status
in each State of the collection and distribution of 9-1-1 fees and
include findings on the amount of revenues obligated or expended by
each State or political subdivision thereof for any purpose other than
the purpose for which any fee or charges are presented.

SEC. 6. MIGRATION TO IP-ENABLED EMERGENCY NETWORK.

    (a) In General.--Section 158 of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 942) is
amended--
            (1) by redesignating subsections (d) and (e) as subsections
        (e) and (f), respectively;
            (2) by inserting after subsection (c) the following:
    ``(d) Migration Plan Required.--
            ``(1) National plan required.--No more than 270 days after
        the date of the enactment of the IP-Enabled Voice
        Communications and Public Safety Act of 2007, the Office shall
        develop and report to Congress on a national plan for migrating
        to a national IP-enabled emergency network capable of receiving
        and responding to all citizen activated emergency
        communications and improving information sharing among all
        emergency response entities.
            ``(2) Contents of plan.--The plan required by paragraph (1)
        shall--
                    ``(A) outline the potential benefits of such a
                migration;
                    ``(B) identify barriers that must be overcome and
                funding mechanisms to address those barriers;
                    ``(C) provide specific mechanisms for ensuring the
                IP-enabled emergency network is available in every
                community and is coordinated on a local, regional, and
                Statewide basis;
                    ``(D) identify location technology for nomadic
                devices and for office buildings and multi-dwelling
                units;
                    ``(E) include a proposed timetable, an outline of
                costs and potential savings;
                    ``(F) provide specific legislative language, if
                necessary, for achieving the plan;
                    ``(G) provide recommendations on any legislative
                changes, including updating definitions, to facilitate
                a national IP-enabled emergency network;
                    ``(H) assess, collect, and analyze the experiences
                of the PSAPs and related public safety authorities who
                are conducting trial deployments of IP-enabled
                emergency networks as of the date of enactment of the
                IP-Enabled Voice Communications and Public Safety Act
                of 2007;
                    ``(I) document solutions that a national IP-enabled
                emergency network will provide for 9-1-1 access to
                those with disabilities and needed steps to implement
                such solutions, including a recommended timeline for
                such implementation; and
                    ``(J) analyze technologies and efforts to provide
                automatic location capabilities and provide
                recommendations on needed regulatory or legislative
                changes necessary to implement automatic location
                solutions for 9-1-1 purposes.
            ``(3) Consultation.--In developing the plan required by
        paragraph (1), the Office shall consult with representatives of
        the public safety community, groups representing those with
        disabilities, technology and telecommunications providers, and
        others it deems appropriate.''; and
            (3) by striking ``services.'' in subsection (b)(1) and
        inserting ``services, and for migration to an IP-enabled
        emergency network.''.
    (b) Availability of PSAP Information.--The Federal Communications
Commission may compile a list of public safety answering point contact
information, as well as contact information for 9-1-1 component
providers, for the purpose of assisting IP-enabled voice service
providers and others in complying with this Act and section 158(d) of
the National Telecommunications and Information Administration
Organization Act (47 U.S.C. 942(d)) as amended by subsection (a), and
may make any portion of such information available to the public if
such availability would improve public safety.
    (c) Development of Standards.--The Federal Communications
Commission shall work cooperatively with public safety organizations,
industry participants, and the E-9-1-1 Implementation Coordination
Office to develop best practices that promote consistency, where
appropriate, including procedures for--
            (1) defining geographic coverage areas for Public Safety
        Answering Points;
            (2) defining network diversity requirements for delivery of
        IP-enabled 9-1-1 calls;
            (3) call-handling in the event of call overflow or network
        outages;
            (4) Public Safety Answering Point certification and testing
        requirements;
            (5) validation procedures for inputting and updating
        location information in relevant databases; and
            (6) the format for delivering address information to Public
        Safety Answering Points.

SEC. 7. ENFORCEMENT.

    The Federal Communications Commission shall enforce the Wireless
Communications and Public Safety Act of 1999 (47 U.S.C. 615a) as if
that Act were part of the Communications Act of 1934. For purposes of
this section, any violation of the Wireless Communications and Public
Safety Act of 1999 (47 U.S.C. 615a), or any regulation promulgated
under that Act, is deemed to be a violation of the Communications Act
of 1934 or a regulation promulgated under the Communications Act of
1934, respectively.

SEC. 8. COMPLETION OF THE HATFIELD REPORT.

    (a) In General.--Not later than 30 days after the date of enactment
of this Act, the Federal Communications Commission shall remit all
amounts promised for the completion of an update to the Report on
Technical and Operational Issues Impacting the Provision of Wireless
Enhanced 9-1-1 Services by Dale N. Hatfield filed at the Commission on
October 15, 2002, in WT Docket No. 02-46.
    (b) Submission of Report.--Mr. Hatfield shall submit his written
findings as of May 1, 2006, to the Federal Communications Commission
not later than 60 days after receiving the payment described in
subsection (a).

SEC. 9. 9/11 COMMISSION ACT OF 2007.

    Section 2301 of the Implementing Recommendations of the 9/11
Commission Act of 2007 (47 U.S.C. 901 note) is amended by striking
``the `Improving Emergency Communications Act of 2007'.'' and inserting
``the `911 Modernization Act'.''.

            Passed the Senate February 26, 2008.

            Attest:

                                                             Secretary.
110th CONGRESS

  2d Session

                                 S. 428

_______________________________________________________________________

                                 AN ACT

To amend the Wireless Communications and Public Safety Act of 1999, and
                          for other purposes.

Output:
IP-Enabled Voice Communications and Public Safety Act of 2007 - (Sec. 2) Amends the Wireless Communications and Public Safety Act of 1999 to impose on IP-enabled voice service providers engaged in interstate or foreign communication a requirement to provide 9-1-1 service, including enhanced 9-1-1 service, to its subscribers. Requires the Federal Communications Commission (FCC) to issue regulations granting IP-enabled voice service providers right of access to 9-1-1 components that are necessary to provide 9-1-1 service, on the same rates, terms, and conditions that are provided to commercial mobile service providers. Requires the providers to establish a point of contact for public safety and government officials relative to 9-1-1 service and access. Authorizes the FCC to delegate enforcement authority to state agencies or programs with emergency communications jurisdiction.

Authorizes the FCC to require any provider of a voice service that is a substitute for telephone exchange service to provide 9-1-1 service, including enhanced 9-1-1 service.

(Sec. 3) Requires that, when IP-enabled voice service or alternative emergency communications service is involved, there be parity in liability (as compared to local exchange companies and others) for service carriers, users, and public safety answering points (facilities designated to receive 9-1-1 calls and route them to emergency personnel) (PSAPs). Defines "alternative emergency communications service" as the provision of emergency information to a PSAP via wire or radio communications, possibly including 9-1-1 and enhanced 9-1-1 services.

(Sec. 4) Declares that nothing in this Act, the Communications Act of 1934, the Wireless Communications and Public Safety Act of 1999, or any FCC regulation or order prevents states, their subdivisions, or Indian tribes from imposing a fee on or collecting a fee from IP-enabled voice services to support 9-1-1 or E-9-1-1 services.

(Sec. 5) Requires the FCC to report annually to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce on the status in each state of the collection and distribution of 9-1-1 fees.

(Sec. 6) Amends the National Telecommunications and Information Administration Organization Act to require the E-9-1-1 Implementation Coordination Office to develop a national plan for migrating to a national IP-enabled emergency network. Requires, after plan completion, grants for migration to such a network. Authorizes the FCC to compile a list of PSAP contact information, as well as contact information for 9-1-1 component providers, to assist providers in complying with this Act and specified provisions of the National Telecommunications and Information Administration Organization Act. Allows the FCC to make any part of that information available to the public to improve public safety. Requires the FCC to work cooperatively with public safety organizations, industry participants, and the E-9-1-1 Implementation Coordination Office to develop best practices that promote consistency.

(Sec. 7) Requires the FCC to enforce the Wireless Communications and Public Safety Act of 1999 as if that Act was part of the Communications Act of 1934 and deems any violation to be a violation of the Communications Act of 1934.

(Sec. 8) Sets deadlines for: (1) the FCC to remit all amounts promised for the completion of an update to the Report on Technical and Operational Issues Impacting the Provision of Wireless Enhanced 9-1-1 Services; and (2) the filing of related written findings.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Emergency Unemployment Compensation
Act of 2003''.

SEC. 2. ENTITLEMENT TO ADDITIONAL WEEKS OF TEMPORARY EXTENDED
              UNEMPLOYMENT COMPENSATION.

    (a) Entitlement to Additional Weeks.--
            (1) In general.--Paragraph (1) of section 203(b) of the
        Temporary Extended Unemployment Compensation Act of 2002
        (Public Law 107-147; 116 Stat. 28) is amended--
                    (A) in subparagraph (A), by striking ``50 percent''
                and inserting ``100 percent''; and
                    (B) in subparagraph (B), by striking ``13 times''
                and inserting ``26 times''.
            (2) Repeal of restriction on augmentation during
        transitional period.--Section 208(b) of the Temporary Extended
        Unemployment Compensation Act of 2002 (Public Law 107-147), as
        amended by Public Law 108-1, is amended--
                    (A) in paragraph (1)--
                            (i) by striking ``paragraphs (2) and (3)''
                        and inserting ``paragraph (2)''; and
                            (ii) by inserting before the period at the
                        end the following: ``, including such
                        compensation by reason of amounts deposited in
                        such account after such date pursuant to the
                        application of subsection (c) of such
                        section'';
                    (B) by striking paragraph (2); and
                    (C) by redesignating paragraph (3) as paragraph
                (2).
            (3) Extension of transition limitation.--Section 208(b)(2)
        of the Temporary Extended Unemployment Compensation Act of 2002
        (Public Law 107-147), as amended by Public Law 108-1 and as
        redesignated by paragraph (2), is amended by striking ``August
        30, 2003'' and inserting ``December 31, 2003''.
            (4) Conforming amendment for augmented benefits.--Section
        203(c)(1) of the Temporary Extended Unemployment Compensation
        Act of 2002 (Public Law 107-147; 116 Stat. 28) is amended by
        striking ``the amount originally established in such account
        (as determined under subsection (b)(1))'' and inserting ``7
        times the individual's average weekly benefit amount for the
        benefit year''.
    (b) Effective Date and Application.--
            (1) In general.--The amendments made by subsection (a)
        shall apply with respect to weeks of unemployment beginning on
        or after the date of enactment of this Act.
            (2) TEUC-X amounts deposited in account prior to date of
        enactment deemed to be the additional teuc amounts provided by
        this section.--In applying the amendments made by subsection
        (a) under the Temporary Extended Unemployment Compensation Act
        of 2002 (Public Law 107-147; 116 Stat. 26), the Secretary of
        Labor shall deem any amounts deposited into an individual's
        temporary extended unemployment compensation account by reason
        of section 203(c) of such Act (commonly known as ``TEUC-X
        amounts'') prior to the date of enactment of this Act to be
        amounts deposited in such account by reason of section 203(b)
        of such Act, as amended by subsection (a) (commonly known as
        ``TEUC amounts'').
            (3) Application to exhaustees and current beneficiaries.--
                    (A) Exhaustees.--In the case of any individual--
                            (i) to whom any temporary extended
                        unemployment compensation was payable for any
                        week beginning before the date of enactment of
                        this Act; and
                            (ii) who exhausted such individual's rights
                        to such compensation (by reason of the payment
                        of all amounts in such individual's temporary
                        extended unemployment compensation account)
                        before such date,
                such individual's eligibility for any additional weeks
                of temporary extended unemployment compensation by
                reason of the amendments made by subsection (a) shall
                apply with respect to weeks of unemployment beginning
                on or after the date of enactment of this Act.
                    (B) Current beneficiaries.--In the case of any
                individual--
                            (i) to whom any temporary extended
                        unemployment compensation was payable for any
                        week beginning before the date of enactment of
                        this Act; and
                            (ii) as to whom the condition described in
                        subparagraph (A)(ii) does not apply,
                such individual shall be eligible for temporary
                extended unemployment compensation (in accordance with
                the provisions of the Temporary Extended Unemployment
                Compensation Act of 2002, as amended by subsection (a))
                with respect to weeks of unemployment beginning on or
                after the date of enactment of this Act.
            (4) Redetermination of eligibility for augmented amounts
        for individuals for whom such a determination was made prior to
        the date of enactment.--Any determination of whether the
        individual's State is in an extended benefit period under
        section 203(c) of the Temporary Extended Unemployment
        Compensation Act of 2002 (Public Law 107-147; 116 Stat. 28)
        made prior to the date of enactment of this Act shall be
        disregarded and the determination under such section shall be
        made as follows:
                    (A) Individuals who exhausted 13 teuc and 13 teux-x
                weeks prior to the date of enactment.--In the case of
                an individual who, prior to the date of enactment of
                this Act, received 26 times the individual's average
                weekly benefit amount through an account established
                under section 203 of the Temporary Extended
                Unemployment Compensation Act of 2002 (Public Law 107-
                147; 116 Stat. 28) (by reason of augmentation under
                subsection (c) of such section), the determination
                shall be made as of the date of the enactment of this
                Act.
                    (B) All other individuals.--In the case of an
                individual who is not described in subparagraph (A),
                the determination shall be made at the time that the
                individual's account established under such section
                203, as amended by subsection (a), is exhausted.

Output: Emergency Unemployment Compensation Act of 2003 - Amends the Temporary Extended Unemployment Compensation Act of 2002 (TEUCA) to entitle eligible individuals in all States to a total of 26 weeks of TEUC compensation (13 weeks beyond the current 13 weeks). Makes such additional benefits also available to individuals who exhausted their TEUC benefits before January 1, 2003.Provides for a transition period of continuing payments to individuals with amounts remaining in their TEUC account, for weeks beginning before December 31, 2003.Directs the Secretary of Labor to deem second tier benefit amounts deposited in an individual's account (TEUC-X amounts, which currently provide an extra 13 weeks of benefits in high-unemployment States) as deposited in such account, by reason of the amendments made by this Act, as single tier benefit amounts (TEUC amounts, the basic benefits in all States).Sets forth requirements relating to applicability of this Act to those who have exhausted their benefits under TEUCA, as well as to current beneficiaries.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Commission on Retirement Income
Policy Act of 1993''.

SEC. 2. ESTABLISHMENT.

    There is established a commission to be known as the Commission on
Retirement Income Policy (in this Act referred to as the
``Commission'').

SEC. 3. DUTIES.

    (a) In General.--The Commission shall conduct a full and complete
review and study of--
            (1) trends in retirement savings in the United States;
            (2) existing Federal incentives and programs that are
        established to encourage and protect such savings; and
            (3) new Federal incentives and programs that are needed to
        encourage and protect such savings.
    (b) Specific Issues.--In fulfilling the duty described in
subsection (a), the Commission shall address--
            (1) the amount and sources of Federal and private funds,
        including tax expenditures (as defined in section 3 of the
        Congressional Budget Act of 1974 (2 U.S.C. 622)), needed to
        finance the incentives and programs referred to in subsection
        (a)(2) and any new Federal incentive or program that the
        Commission recommends be established;
            (2) the most efficient and effective manner, considering
        the needs of retirement plan sponsors for simplicity,
        reasonable cost, and appropriate incentives, of ensuring that
        individuals in the United States will have adequate retirement
        savings;
            (3) the amounts of retirement income that future retirees
        will need to replace various levels of preretirement income,
        including amounts necessary to pay for medical and long-term
        care;
            (4) the workforce and demographic trends that affect the
        pensions of future retirees;
            (5) the role of retirement savings in the economy of the
        United States;
            (6) sources of retirement income other than private
        pensions that are available to individuals in the United
        States; and
            (7) the shift away from insured and qualified pension
        benefits in the United States.
    (c) Recommendations.--
            (1) In general.--The Commission shall formulate
        recommendations based on the review and study conducted under
        subsection (a). The recommendations shall include measures that
        address the needs of future retirees for--
                    (A) appropriate pension plan coverage and other
                mechanisms for saving for retirement;
                    (B) an adequate retirement income;
                    (C) preservation of benefits they accumulate by
                participating in pension plans;
                    (D) information concerning pension plan benefits;
                and
                    (E) procedures to resolve disputes involving such
                benefits.
            (2) Effect on federal budget deficit.--A recommendation of
        the Commission for a new Federal incentive or program that
        would result in an increase in the Federal budget deficit shall
        not appear in the report required under section 7 unless it is
        accompanied by a recommendation for offsetting the increase.

SEC. 4. MEMBERSHIP.

    (a) Number and Appointment.--
            (1) In general.--The Commission shall be composed of 18
        members appointed not later than 90 days after the date of the
        enactment of this Act. The Commission shall consist of the
        following members:
                    (A) 4 individuals appointed by the President.
                    (B) 7 individuals appointed by the Speaker of the
                House of Representatives.
                    (C) 7 individuals appointed by the President pro
                tempore of the Senate.
            (2) Consultation with minority leaders.--3 of the
        appointments made under paragraph (1)(B) shall be made in
        consultation with the minority leader of the House of
        Representatives. 3 of the appointments made under paragraph
        (1)(C) shall be made in consultation with the minority leader
        of the Senate.
            (3) Qualifications.--The individuals referred to in
        paragraph (1) shall be Members of the Congress, leaders of
        business or labor, distinguished academics, or other
        individuals with distinctive qualifications or experience.
    (b) Terms.--Each member shall be appointed for the life of the
Commission.
    (c) Vacancies.--A vacancy in the Commission shall be filled not
later than 90 days after the date of the creation of the vacancy in the
manner in which the original appointment was made.
    (d) Compensation.--
            (1) Rates of pay.--Except as provided in paragraph (2),
        members of the Commission shall serve without pay.
            (2) Travel expenses.--Each member of the Commission shall
        receive travel expenses, including per diem in lieu of
        subsistence, in accordance with sections 5702 and 5703 of title
        5, United States Code.
    (e) Quorum.--10 members of the Commission shall constitute a
quorum, but 6 members may hold hearings, take testimony, or receive
evidence.
    (f) Chairperson.--The chairperson of the Commission shall be
elected by a majority vote of the members of the Commission.
    (g) Meetings.--The Commission shall meet at the call of the
chairperson of the Commission.
    (h) Decisions.--Decisions of the Commission shall be made according
to the vote of not less than a majority of the members who are present
and voting at a meeting called pursuant to subsection (g).

SEC. 5. STAFF AND SUPPORT SERVICES.

    (a) Executive Director.--The Commission shall have an executive
director appointed by the Commission. The Commission shall fix the pay
of the executive director.
    (b) Staff.--The Commission may appoint and fix the pay of
additional personnel as it considers appropriate.
    (c) Applicability of Certain Civil Service Laws.--The executive
director and staff of the Commission may be appointed without regard to
the provisions of title 5, United States Code, governing appointments
in the competitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of that title
relating to classification and General Schedule pay rates.
    (d) Experts and Consultants.--The Commission may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code, at rates the Commission determines to be appropriate.
    (e) Staff of Federal Agencies.--Upon request of the Commission, the
head of any Federal agency may detail, on a reimbursable basis, any of
the personnel of the agency to the Commission to assist it in carrying
out its duties under this Act.
    (f) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.

SEC. 6. POWERS.

    (a) Hearings and Sessions.--
            (1) In general.--The Commission may, for the purpose of
        carrying out this Act, 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) Public hearings.--The Commission may hold public
        hearings to receive the views of a broad spectrum of the public
        on the status of the private retirement system of the United
        States.
    (b) Delegation of Authority.--Any member, committee, or agent of
the Commission may, if authorized by the Commission, take any action
which the Commission is authorized to take by this section.
    (c) Information.--
            (1) Information from federal agencies.--
                    (A) In general.--The Commission may secure directly
                from any Federal agency information necessary to enable
                it to carry out this Act. Upon request of the
                Commission, the head of the Federal agency shall
                furnish the information to the Commission.
                    (B) Exception.--Subparagraph (A) shall not apply to
                any information that the Commission is prohibited to
                secure or request by another law.
            (2) Public surveys.--The Commission may conduct the public
        surveys necessary to enable it to carry out this Act. In
        conducting such surveys, the Commission shall not be considered
        an agency for purposes of chapter 35 of title 44, United States
        Code.
    (d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other Federal agencies.
    (e) Contract and Procurement Authority.--The Commission may make
purchases, and may contract with and compensate government and private
agencies or persons for property or services, without regard to--
            (1) section 3709 of the Revised Statutes (41 U.S.C. 5); and
            (2) title III of the Federal Property and Administrative
        Services Act of 1949 (41 U.S.C. 251 et seq.).
    (f) Gifts.--The Commission may accept, use, and dispose of gifts of
services or property, both real and personal, for the purpose of
assisting the work of the Commission. Gifts of money and proceeds from
sales of property received as gifts shall be deposited in the Treasury
and shall be available for disbursement upon order of the Commission.
For purposes of Federal income, estate, and gift taxes, property
accepted under this subsection shall be considered as a gift to the
United States.
    (g) Volunteer Services.--Notwithstanding section 1342 of title 31,
United States Code, the Commission may accept and use voluntary and
uncompensated services as the Commission determines necessary.

SEC. 7. REPORT.

    Not later than December 31, 1993, the Commission shall submit a
report to the President, the majority and minority leaders of the
Senate, and the majority and minority leaders of the House of
Representatives. The report shall review the matters that the
Commission is required to study under section 3 and shall set forth the
recommendations of the Commission.

SEC. 8. TERMINATION.

    The Commission shall terminate not later than the expiration of the
90-day period beginning on the date on which the Commission submits its
report under section 7.

Output:
Commission on Retirement Income Policy Act of 1993 - Establishes the Commission on Retirement Income Policy.
Directs the Commission to study and report to the President and Congress on:  (1) trends in retirement savings in the United States; (2) existing Federal incentives and programs to encourage and protect such savings; and (3) new Federal incentives and programs needed for such purpose. Requires the Commission to address specified issues and to include in its recommendation measures addressing specified needs of future retirees.
Terminates the Commission within 90 days after submission of such report.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Personal Health Investment Today Act
of 2009'' or the ``PHIT Act of 2009''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) almost 20 percent of American children between the ages
        of 2 and 19 are overweight or suffer from obesity;
            (2) 8 of the 9 most expensive illnesses in the United
        States are more common among overweight and obese individuals;
            (3) according to the Centers for Disease Control and
        Prevention, the increase in the number of overweight and obese
        Americans between 1987 and 2001 resulted in a 27 percent
        increase in per capita health care costs;
            (4) the World Health Organization determined that in the
        United States a $1 investment in physical activity alone (in
        time and equipment) would reduce medical expenses by $3.20;
            (5) research indicates that 2 in 5 Americans would become
        more physically active if offered a financial incentive;
            (6) the United States ranks last in the world in reducing
        the number of preventable deaths resulting from obesity-related
        chronic illnesses; and
            (7) engaging in physical activities at young ages when
        children are learning lifelong behaviors can have a significant
        impact on their long-term health.
    (b) Purpose.--The purpose of this Act is to promote health and
prevent disease, particularly diseases related to being overweight and
obese, by--
            (1) encouraging healthier lifestyles;
            (2) providing financial incentives to ease the financial
        burden of engaging in healthy behavior; and
            (3) increasing the ability of individuals and families to
        participate in physical fitness activities.

SEC. 3. CERTAIN AMOUNTS PAID FOR PHYSICAL ACTIVITY, FITNESS, AND
              EXERCISE TREATED AS AMOUNTS PAID FOR MEDICAL CARE.

    (a) In General.--Paragraph (1) of section 213(d) of the Internal
Revenue Code of 1986 is amended by striking ``or'' at the end of
subparagraph (C), by striking the period at the end of subparagraph (D)
and inserting
``, or'', and by adding at the end the following new subparagraph:
                    ``(E) for qualified sports and fitness expenses.''.
    (b) Qualified Sports and Fitness Expenses.--Subsection (d) of
section 213 of such Code is amended by adding at the end the following
paragraph:
            ``(12) Qualified sports and fitness expenses.--
                    ``(A) In general.--The term `qualified sports and
                fitness expenses' means amounts paid--
                            ``(i) for membership at a fitness center,
                            ``(ii) for participation or instruction in
                        a program of physical exercise or physical
                        activity, and
                            ``(iii) for equipment for use in a program
                        (including a self-directed program) of physical
                        exercise or physical activity.
                    ``(B) Overall dollar limitation.--The aggregate
                amount treated as qualified sports and fitness expenses
                with respect to any taxpayer for any taxable year shall
                not exceed $1,000 ($2,000 in the case of a joint return
                or a head of household (as defined in section 2(b))).
                    ``(C) Fitness facility defined.--For purposes of
                subparagraph (A)(i), the term `fitness facility' means
                a facility--
                            ``(i) providing instruction in a program of
                        physical exercise, offering facilities for the
                        preservation, maintenance, encouragement, or
                        development of physical fitness, or serving as
                        the site of such a program of a State or local
                        government,
                            ``(ii) which is not a private club owned
                        and operated by its members,
                            ``(iii) which does not offer golf, hunting,
                        sailing, or riding facilities,
                            ``(iv) whose health or fitness facility is
                        not incidental to its overall function and
                        purpose, and
                            ``(v) which is fully compliant with the
                        State of jurisdiction and Federal anti-
                        discrimination laws.
                    ``(D) Limitations related to sports and fitness
                equipment.--Amounts paid for equipment described in
                subparagraph (A)(iii) shall be treated as a qualified
                sports and fitness expense only--
                            ``(i) if such equipment is utilized
                        exclusively for participation in fitness,
                        exercise, sport, or other physical activity
                        programs,
                            ``(ii) if such equipment is not apparel or
                        footwear, and
                            ``(iii) in the case of any item of sports
                        equipment (other than exercise equipment), with
                        respect to so much of the amount paid for such
                        item as does not exceed $250.
                    ``(E) Programs which include components other than
                physical exercise and physical activity.--Rules similar
                to the rules of section 213(d)(6) shall apply in the
                case of any program that includes physical exercise or
                physical activity and also other components. For
                purposes of the preceding sentence, travel and
                accommodations shall be treated as an other
                component.''.
    (c) Exception for Health Savings Accounts.--Subparagraph (A) of
section 223(d)(2) of such Code is amended by inserting ``, determined
without regard to paragraph (1)(E) thereof'' after ``section 213(d)''.
    (d) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.

Output: Personal Health Investment Today Act of 2009 or the PHIT Act of 2009 - Amends the Internal Revenue Code to allow a medical care tax deduction for up to $1,000 ($2,000 for married couples filing jointly or heads of household) of qualified sports and fitness expenses. Defines "qualified sports and fitness expenses" as amounts paid for fitness center memberships, physical exercise programs, and exercise equipment.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Software Trade Secrets Protection
Act''.

SEC. 2. SOFTWARE TRADE SECRETS PROTECTION.

    (a) In General.--Subchapter A of chapter 78 of the Internal Revenue
Code of 1986 (relating to examination and inspection) is amended by
redesignating section 7612 as section 7613 and by inserting after 7611
the following:

``SEC. 7612. SPECIAL PROCEDURES FOR SUMMONSES FOR COMPUTER SOFTWARE.

    ``(a) Limitation on Authority to Require Production of Computer
Software Source Code.--
            ``(1) In general.--No summons may be issued under this
        title, and the Secretary may not begin any action under section
        7604 to enforce any summons, to produce or examine any computer
        software source code or related customer communications, and
        training materials.
            ``(2) Exception where information not otherwise available
        to verify correctness of item on return.--Paragraph (1) shall
        not apply to any portion, item, or component of computer
        software source code if--
                    ``(A) the Secretary, without examining the computer
                software source code, is unable to otherwise ascertain
                with reasonable accuracy the correctness of any item on
                a return after employing auditing procedures and
                practices otherwise used pursuant to this title,
                    ``(B) the Secretary identifies with reasonable
                specificity the portion, item, or component of such
                code needed to verify the correctness of such item on
                the return, and
                    ``(C) the Secretary demonstrates that with respect
                to the issue under examination the need for the
                portion, item, or component of the computer software
                source code requested outweighs the burdens of
                production imposed on the summoned person and the risks
                of disclosure of trade secrets.
            ``(3) Other exceptions.--Paragraph (1) shall not apply to--
                    ``(A) any inquiry into any offense connected with
                the administration or enforcement of the internal
                revenue laws, and
                    ``(B) any computer software developed by the
                taxpayer or a related person (within the meaning of
                section 267 or 707(b)) for internal use by the taxpayer
                or such person and not for commercial purposes.
            ``(4) Enforcement proceeding.--In any proceeding brought
        under section 7604 to enforce a summons issued under this
        section, the court shall hold a hearing to determine whether
        the Secretary has met the requirements of paragraph (2).
            ``(5) Compliance with summons for computer software source
        code.--Any person to whom a summons for a portion, item, or
        component of computer software source code is issued shall be
        deemed to have complied with such summons by producing a hard-
        copy printout of such code.
    ``(b) Protection of Trade Secrets and Other Confidential
Information.--
            ``(1) Entry of protective order.--In any court proceeding
        to enforce a summons for any portion of software, the court may
        receive evidence and issue any order necessary to prevent undue
        burdens or the disclosure of trade secrets or other
        confidential information with respect to such software,
        including providing that any information be placed under seal
        to be opened only as directed by the court.
            ``(2) Protection of software.--Notwithstanding any other
        provision of this section, and in addition to any protections
        ordered pursuant to paragraph (1), in the case of software that
        comes into the possession or control of the Secretary in the
        course of any examination with respect to any taxpayer--
                    ``(A) the software may be examined only in
                connection with the examination of such taxpayer's
                return,
                    ``(B) the software may be disclosed only to persons
                conducting such examination whose duties or
                responsibilities require access to the software,
                    ``(C) the software shall be maintained in a secure
                area or place, and, in the case of computer software
                source code and related documents, shall not be removed
                from the owner's place of business,
                    ``(D) the software may not be copied except as
                necessary to perform such examination,
                    ``(E) at the end of the examination (and any
                judicial review of the summons issued under this
                section), the software and all copies thereof shall be
                returned to the person from whom they were obtained and
                any copies thereof made under subparagraph (D) on the
                hard drive of a machine or other mass storage device
                shall be permanently deleted and any notes or other
                memoranda made with regard to such software shall be
                destroyed,
                    ``(F) the software may not be decompiled,
                disassembled, or reverse engineered, and
                    ``(G) the Secretary shall provide to the taxpayer
                and the owner of any interest in such software, as the
                case may be, a written agreement between the Secretary
                and any person who will examine or otherwise have
                access to such software, in which such person agrees--
                            ``(i) not to disclose such software to any
                        person other than authorized employees or
                        agents of the Secretary during and after
                        employment by the Secretary, and
                            ``(ii) not to compete with the owner of the
                        software for a period of 2 years after
                        disclosure to such person of such software.
        ``The owner of any interest in the software shall be considered
        a party to any agreement described in subparagraph (G).
    ``(c) Compliance With Summons for Certain Computer Software
Executable Code.--Any taxpayer to whom is issued a summons for
commercially available computer software executable code used to
prepare such taxpayer's return or to account for the taxpayer's
transactions with others shall be deemed to have complied with such
summons by producing a read-only version of such code.
    ``(d) Definitions.--For purposes of this section--
            ``(1) Software.--The term `software' includes computer
        software source code and computer software executable code.
            ``(2) Computer software source code.--The term `computer
        software source code' means--
                    ``(A) the code written by a programmer using a
                programming language which is comprehensible to
                appropriately trained persons, is not machine readable,
                and is not capable of directly being used to give
                instructions to a computer, and
                    ``(B) related programmers' notes, design documents,
                memoranda, and similar documentation, excluding
                customer communications and training materials.
            ``(3) Computer software executable code.--The term
        `computer software executable code' means--
                    ``(A) any object code, machine code, or other code
                readable by a computer when loaded into its memory and
                used directly by such computer to execute instructions,
                and
                    ``(B) any related user manuals.''.
    (b) Unauthorized Disclosure of Software.--Section 7213 of the
Internal Revenue Code of 1986 (relating to unauthorized disclosure of
information) is amended by redesignating subsection (d) as subsection
(e) and by inserting after subsection (c) the following:
    ``(d) Disclosure of Software.--Any person who divulges or makes
known in any manner whatever not provided under section 7612 to any
other person software (as defined in section 7612(d)(1)) shall be
guilty of a felony and, upon conviction thereof, shall be fined not
more than $5,000, or imprisoned not more than 5 years, or both,
together with the costs of prosecution.''.
    (c) Conforming Amendment.--The table of sections for subchapter A
of chapter 78 of the Internal Revenue Code of 1986 is amended by
striking the item relating to section 7612 and by inserting the
following:

``Sec. 7612. Special procedures for summonses for computer software.
``Sec. 7613. Cross references.''.
    (d) Effective Date.--The amendments made by this section shall take
effect on the date of enactment of this Act.

Output: Software Trade Secrets Protection Act - Amends the Internal Revenue Code to prohibit the issuance or enforcement of any summons to produce or examine any computer software source code or related customer communications and training materials, subject to stated exceptions.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Southern New Mexico and El Paso,
Texas, Veterans Traumatic Brain Injury Care Improvement Act of 2011''.

SEC. 2. REPORT ON ESTABLISHMENT OF POLYTRAUMA REHABILITATION CENTER OR
              POLYTRAUMA NETWORK SITE OF DEPARTMENT OF VETERANS AFFAIRS
              IN SOUTHERN NEW MEXICO AND EL PASO, TEXAS, REGION.

    (a) Findings.--Congress makes the following findings:
            (1) The military population of the southern New Mexico and
        El Paso, Texas, region has grown greatly since the United
        States has been involved in military operations in Iraq and
        Afghanistan and members of the Armed Forces returning from such
        operations to such region will require care at polytrauma
        centers as a result of their involvement with such operations.
            (2) The population at Fort Bliss in Texas and New Mexico is
        expected to grow from 9,300 members of the Armed Forces in 2005
        to an estimated 33,400 members of the Armed Forces by 2012
        because of the ongoing expansion of Fort Bliss.
            (3) Traumatic brain injury has become known as one of the
        signature wounds of service in the Armed Forces in Iraq and
        Afghanistan because of its high occurrence among veterans of
        such service. Many members of the Armed Forces returning to the
        El Paso, Texas, and southern New Mexico region from overseas
        service in the Armed Forces are expected to suffer from
        traumatic brain injury or other forms of injury requiring
        treatment at a polytrauma rehabilitation center or polytrauma
        network site.
            (4) A recent RAND Corporation study estimates that as many
        as 20 percent of the veterans who served in the Armed Forces in
        Iraq and Afghanistan have a traumatic brain injury as a result
        of such service, and many of these veterans require ongoing
        care for mild, moderate, or severe traumatic brain injury.
            (5) The Department of Veterans Affairs recommends that all
        veterans experiencing a polytraumatic injury be referred to a
        polytrauma rehabilitation center or polytrauma network site of
        the Department.
            (6) The polytrauma system of care of the Department
        includes 4 polytrauma rehabilitation centers and 21 polytrauma
        network sites, none of which are located within 300 miles
        driving distance of Fort Bliss, White Sands Missile Range, or
        Holloman Air Force Base.
            (7) The large military population in the southern New
        Mexico and El Paso, Texas, region necessitates a new polytrauma
        rehabilitation center or polytrauma network site of the
        Department to deal with the significant hardships veterans
        residing in such region require.
    (b) Report.--
            (1) In general.--Not later than 180 days after the date of
        the enactment of this Act, the Secretary of Veterans Affairs
        shall submit to Congress a report on the feasibility and
        advisability of establishing a polytrauma rehabilitation center
        or polytrauma network site of the Department of Veterans
        Affairs in the southern New Mexico and El Paso, Texas, region
        that is within a reasonable driving distance of Fort Bliss,
        White Sands Missile Range, and Holloman Air Force Base.
            (2) Requirements.--The report required by paragraph (1)
        shall include the following:
                    (A) An assessment of the adequacy of existing
                Department facilities in the southern New Mexico and El
                Paso, Texas, region to address matters that are
                otherwise addressed by polytrauma rehabilitation
                centers and polytrauma network sites of the Department.
                    (B) A comparative assessment of the effectiveness
                of rehabilitation programs for individuals with
                traumatic brain injuries in urban areas with the
                effectiveness of such programs for individuals with
                traumatic brain injuries in rural and frontier
                communities.
                    (C) An assessment of whether therapies that can
                prevent or remediate the development of secondary
                neurologic conditions related to traumatic brain injury
                can be interrupted by stress caused by living in an
                urban area.
                    (D) The relation of high cost of living to the
                recovery of veterans and the impact on their families
                in comparison to recovery in an area where there is a
                lower cost of living.
            (3) Locations.--In preparing the report required by
        paragraph (1), the Secretary shall consider and evaluate
        various locations for the potential location of a new
        polytrauma rehabilitation center or polytrauma network site.
        One location receiving such consideration and evaluation shall
        be the Fort Bayard Medical Center in Grant County, New Mexico.
            (4) Consultation.--In preparing the report required by
        paragraph (1), the Secretary shall consult with appropriate
        State and local government agencies in the southern New Mexico
        and El Paso, Texas, region.

Output:
Southern New Mexico and El Paso, Texas, Veterans Traumatic Brain Injury Care Improvement Act of 2011 - Directs the Secretary of Veterans Affairs to report to Congress on the feasibility and advisability of establishing a Polytrauma Rehabilitation Center or Polytrauma Network Site of the Department of Veterans Affairs (VA) in the southern New Mexico and El Paso, Texas, region that is within a reasonable driving distance of Fort Bliss, White Sands Missile Range, and Holloman Air Force Base.

Requires the Fort Bayard Medical Center in Grant County, New Mexico, to be evaluated as a potential location for such a Center or Site.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Commission to Study the Potential
Creation of a National Museum of Asian Pacific American History and
Culture Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the
        Commission to Study the Potential Creation of a National Museum
        of Asian Pacific American History and Culture established by
        section 3(a).
            (2) Museum.--The term ``Museum'' means the National Museum
        of Asian Pacific American History and Culture.

SEC. 3. ESTABLISHMENT OF COMMISSION.

    (a) In General.--There is established the Commission to Study the
Potential Creation of a National Museum of Asian Pacific American
History and Culture.
    (b) Membership.--The Commission shall be composed of 8 members, of
whom--
            (1) 2 members shall be appointed by the majority leader of
        the Senate;
            (2) 2 members shall be appointed by the Speaker of the
        House of Representatives;
            (3) 2 members shall be appointed by the minority leader of
        the Senate; and
            (4) 2 members shall be appointed by the minority leader of
        the House of Representatives.
    (c) Qualifications.--Members of the Commission shall be appointed
to the Commission from among individuals, or representatives of
institutions or entities, who possess--
            (1)(A) a demonstrated commitment to the research, study, or
        promotion of Asian Pacific American history, art, political or
        economic status, or culture; and
                    (B)(i) expertise in museum administration;
                            (ii) expertise in fundraising for nonprofit
                        or cultural institutions;
                            (iii) experience in the study and teaching
                        of Asian Pacific American history;
                            (iv) experience in studying the issue of
                        the representation of Asian Pacific Americans
                        in art, life, history, and culture at the
                        Smithsonian Institution; or
                            (v) extensive experience in public or
                        elected service;
            (2) experience in the administration of, or the planning
        for, the establishment of, museums; or
            (3) experience in the planning, design, or construction of
        museum facilities.
    (d) Prohibition.--No employee of the Federal Government may serve
as a member of the Commission.
    (e) Deadline for Initial Appointment.--The initial members of the
Commission shall be appointed not later than the date that is 90 days
after the date of enactment of this Act.
    (f) Vacancies.--A vacancy in the Commission--
            (1) shall not affect the powers of the Commission; and
            (2) shall be filled in the same manner as the original
        appointment was made.
    (g) Chairperson.--The Commission shall, by majority vote of all of
the members, select 1 member of the Commission to serve as the
Chairperson of the Commission.

SEC. 4. DUTIES OF THE COMMISSION.

    (a) Reports.--
            (1) Plan of action.--The Commission shall submit to the
        President and Congress a report containing the recommendations
        of the Commission with respect to a plan of action for the
        establishment and maintenance of a National Museum of Asian
        Pacific American History and Culture in Washington, DC.
            (2) Report on issues.--The Commission shall submit to the
        President and Congress a report that addresses the following
        issues:
                    (A) The availability and cost of collections to be
                acquired and housed in the Museum.
                    (B) The impact of the Museum on regional Asian
                Pacific American history-related museums.
                    (C) Potential locations for the Museum in
                Washington, DC, and its environs.
                    (D) Whether the Museum should be part of the
                Smithsonian Institution.
                    (E) The governance and organizational structure
                from which the Museum should operate.
                    (F) Best practices for engaging Asian Pacific
                Americans in the development and design of the Museum.
                    (G) The cost of constructing, operating, and
                maintaining the Museum.
            (3) Deadline.--The reports required under paragraphs (1)
        and (2) shall be submitted not later than the date that is 18
        months after the date of the first meeting of the Commission.
    (b) Fundraising Plan.--
            (1) In general.--The Commission shall develop a fundraising
        plan to support the establishment, operation, and maintenance
        of the Museum through contributions from the public.
            (2) Considerations.--In developing the fundraising plan
        under paragraph (1), the Commission shall consider issues
        relating to funding the operations and maintenance of the
        Museum in perpetuity without reliance on appropriations of
        Federal funds.
            (3) Independent review.--The Commission shall obtain an
        independent review of the viability of the plan developed under
        paragraph (1) and such review shall include an analysis as to
        whether the plan is likely to achieve the level of resources
        necessary to fund the construction of the Museum and the
        operations and maintenance of the Museum in perpetuity without
        reliance on appropriations of Federal funds.
            (4) Submission.--The Commission shall submit the plan
        developed under paragraph (1) and the review conducted under
        paragraph (3) to the Committees on Transportation and
        Infrastructure, House Administration, Natural Resources, and
        Appropriations of the House of Representatives and the
        Committees on Rules and Administration, Energy and Natural
        Resources, and Appropriations of the Senate.
    (c) Legislation To Carry Out Plan of Action.--Based on the
recommendations contained in the report submitted under paragraphs (1)
and (2) of subsection (a), the Commission shall submit for
consideration to the Committees on Transportation and Infrastructure,
House Administration, Natural Resources, and Appropriations of the
House of Representatives and the Committees on Rules and
Administration, Energy and Natural Resources, and Appropriations of the
Senate recommendations for a legislative plan of action to establish
and construct the Museum.
    (d) National Conference.--Not later than 18 months after the date
on which the initial members of the Commission are appointed under
section 3, the Commission may, in carrying out the duties of the
Commission under this section, convene a national conference relating
to the Museum, to be comprised of individuals committed to the
advancement of the life, art, history, and culture of Asian Pacific
Americans.

SEC. 5. DIRECTOR AND STAFF OF COMMISSION.

    (a) Director and Staff.--
            (1) In general.--The Commission may employ and compensate
        an executive director and any other additional personnel that
        are necessary to enable the Commission to perform the duties of
        the Commission.
            (2) Rates of pay.--Rates of pay for persons employed under
        paragraph (1) shall be consistent with the rates of pay allowed
        for employees of a temporary organization under section 3161 of
        title 5, United States Code.
    (b) Not Federal Employment.--Any individual employed under this Act
shall not be considered a Federal employee for the purpose of any law
governing Federal employment.
    (c) Technical Assistance.--
            (1) In general.--Subject to paragraph (2), on request of
        the Commission, the head of a Federal agency may provide
        technical assistance to the Commission.
            (2) Prohibition.--No Federal employees may be detailed to
        the Commission.

SEC. 6. ADMINISTRATIVE PROVISIONS.

    (a) Compensation.--
            (1) In general.--A member of the Commission--
                    (A) shall not be considered to be a Federal
                employee for any purpose by reason of service on the
                Commission; and
                    (B) shall serve without pay.
            (2) Travel expenses.--A member of the Commission shall be
        allowed a per diem allowance for travel expenses, at rates
        consistent with those authorized under subchapter I of chapter
        57 of title 5, United States Code.
    (b) Gifts, Bequests, Devises.--The Commission may solicit, accept,
use, and dispose of gifts, bequests, or devises of money, services, or
real or personal property for the purpose of aiding or facilitating the
work of the Commission.
    (c) Federal Advisory Committee Act.--The Commission shall not be
subject to the Federal Advisory Committee Act (5 U.S.C. App.).

SEC. 7. TERMINATION.

    The Commission shall terminate on the date that is 30 days after
the date on which the final versions of the reports required under
section 4 are submitted.

SEC. 8. FUNDING.

    (a) In General.--The Commission shall be solely responsible for
acceptance of contributions for, and payment of the expenses of, the
Commission.
    (b) Prohibition.--No Federal funds may be obligated to carry out
this Act.

Output: Commission to Study the Potential Creation of a National Museum of Asian Pacific American History and Culture Act This bill establishes a Commission to Study the Potential Creation of a National Museum of Asian Pacific American History and Culture. The Commission must: (1) report recommendations for a plan of action for the establishment and maintenance of a National Museum of Asian Pacific American History and Culture in Washington, D.C.; (2) develop a fundraising plan to support the establishment, operation, and maintenance of the Museum through public contributions; (3) obtain an independent review of this fundraising plan, including an analysis of the resources necessary to fund the construction of the Museum and its operations and maintenance in perpetuity without reliance on federal funds; and (4) submit a legislative plan of action to establish and construct the Museum. Directs the Commission's recommendations to address issues including the impact of the Museum on regional Asian Pacific American history-related museums, whether it should be part of the Smithsonian Institution, and the cost of constructing, operating, and maintaining the Museum and acquiring its collections. The Commission may convene a national conference relating to the Museum. Prohibits federal funds from being obligated to carry out this Act.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Enhancing Safety in Medicine
Utilizing Leading Advanced Simulation Technologies to Improve Outcomes
Now Act of 2007''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) Simulation-based education and training in medicine,
        nursing, allied health, podiatry, osteopathy, dentistry, and
        emergency response teams can enhance procedural skills and
        reinforce best practices by allowing students, experienced
        clinicians, and health care professionals to practice
        procedures in a realistic setting.
            (2) The enhanced clinical skill development provided by
        simulation-based training benefits patients and health care
        consumers in the form of improved health outcomes, patient
        safety, and quality; reduced medical errors and deaths; and
        reduced costs associated with providing patient care.
            (3) Many educational institutions and health care
        providers, particularly those in urban and rural settings, have
        difficulty acquiring medical simulation technology. Financial
        assistance in the form of Federal grants would significantly
        enhance the ability of these entities to deploy medical
        simulation technology and incorporate such technology into
        training protocols.
            (4) The creation of medical simulation centers of
        excellence to provide guidance and leadership to educational
        institutions and health care entities will facilitate the
        deployment of medical simulation technologies and the
        commercialization of cutting-edge medical simulation research.
            (5) A Federal medical simulation coordinating council would
        promote better communication and collaboration between the
        Federal entities with experience or interest in simulation-
        based education and medical simulation technology deployment.

SEC. 3. MEDICAL SIMULATION ENHANCEMENT.

    Part B of title IX of the Public Health Service Act (42 U.S.C. 299b
et seq.) is amended by adding at the end the following:

``SEC. 918. MEDICAL SIMULATION ENHANCEMENT.

    ``(a) In General.--The Director shall conduct and support research,
evaluations, initiatives, and demonstration projects, and provide
grants or enter into contracts or cooperative agreements, to enhance
the deployment of medical simulation technologies and the incorporation
of such technologies and equipment into medical, nursing, allied
health, podiatric, osteopathic, and dental education and training
protocols.
    ``(b) Programs.--In carrying out subsection (a), the Director shall
establish the following programs:
            ``(1) Medical simulation centers of excellence.--
                    ``(A) Establishment.--The Director shall establish
                medical simulation centers of excellence--
                            ``(i) to provide leadership and conduct
                        research with respect to enhancing and
                        expanding the utilization of medical simulation
                        technologies and simulation-based skills
                        training for physicians, nurses, allied health
                        professionals, and qualified students; and
                            ``(ii) to improve the efficiency and
                        effectiveness of medical simulation research
                        and programs.
                    ``(B) Purpose.--Each medical simulation center of
                excellence established under subsection (a) shall--
                            ``(i) provide leadership in a specific area
                        of medical simulation technology or knowledge;
                            ``(ii) enhance and expand the knowledge
                        base within the specific area of medical
                        simulation technology or knowledge in line with
                        the program requirements and the long-term
                        interests of the medical simulation community;
                        and
                            ``(iii) serve as a resource center to
                        interested health professional schools and
                        individuals who want to learn about medical
                        simulation.
            ``(2) Medical simulation innovation.--The Director shall
        promote innovation in medical simulation technologies and
        encourage development and deployment of challenging and complex
        medical simulation technologies and applications by--
                    ``(A) conducting and supporting research on the
                development and deployment of complex or challenging
                medical simulation and interdisciplinary simulation
                technologies;
                    ``(B) identifying, in consultation with the
                Telemedicine and Advanced Technology Research Center,
                particularly challenging or complex medical simulation
                technologies and applications; and
                    ``(C) developing, in consultation with the National
                Library of Medicine, an electronic clearinghouse of
                medical simulation technologies currently available and
                those being developed.
            ``(3) Medical simulation technology acquisition.--
                    ``(A) Grants.--The Director shall award grants to
                eligible entities for the purchase of medical
                simulation technologies for use in the training of
                physicians, nurses, allied health professionals, and
                qualified students.
                    ``(B) Definition.--In this paragraph, the term
                `eligible entity' means a hospital, an academic medical
                center, or a school of allied health, dentistry,
                medicine, nursing, osteopathic medicine, or podiatric
                medicine.
            ``(4) Medical and interdisciplinary simulation curricula.--
                    ``(A) Grants.--The Director shall award grants to
                eligible entities to incorporate medical simulation and
                interdisciplinary simulation technologies into
                curricula and training of physicians, nurses, and
                allied health professionals.
                    ``(B) Definition.--In this subsection, the term
                `eligible entity' means an academic medical center or a
                school of medicine, osteopathy, podiatry, dentistry,
                nursing, or allied health.
            ``(5) Grants to professional organizations.--
                    ``(A) Grants.--The Director shall award grants to
                eligible entities to deploy medical simulation
                technologies for the purpose of providing training to
                health care providers.
                    ``(B) Definition.--In this paragraph, the term
                `eligible entity' means an academic medical center, a
                professional organization that provides accreditation
                or quality assurance to health care professionals, a
                health profession licensing board, or an agency
                studying utilization of simulation-based methods in
                credentialing and accreditation in health care.
            ``(6) Federal medical simulation coordinating council.--
                    ``(A) Establishment.--There is established within
                the Department of Health and Human Services the Federal
                Medical Simulation Coordinating Council (in this
                paragraph referred to as the `Coordinating Council').
                    ``(B) Purpose.--The Coordinating Council shall
                coordinate the Federal Government's activities
                regarding the research on and development, deployment,
                and utilization of medical simulation technologies.
                    ``(C) Voting members.--The voting members of the
                Coordinating Council shall consist of representatives
                of Federal agencies with responsibility for improving
                health care delivery to patients, as follows:
                            ``(i) A majority of the voting members of
                        the Coordinating Council shall be
                        representatives of the Department of Health and
                        Human Services. Such majority shall consist of
                        the Director and such individuals as may be
                        appointed by the Secretary of Health and Human
                        Services. At a minimum, the Secretary shall
                        appoint representatives of--
                                    ``(I) the Agency for Healthcare
                                Research and Quality;
                                    ``(II) the National Institutes of
                                Health;
                                    ``(III) the Health Resources and
                                Services Administration;
                                    ``(IV) the Centers for Medicare &
                                Medicaid Services; and
                                    ``(V) the Food and Drug
                                Administration.
                            ``(ii) The remainder of the voting members
                        of the Coordinating Council shall consist of--
                                    ``(I) representatives of the
                                Department of Defense, appointed by the
                                Secretary of Defense; and
                                    ``(II) representatives of the
                                Department of Veterans Affairs,
                                appointed by the Secretary of Veterans
                                Affairs.
                    ``(D) Liaisons.--In addition to the voting members
                appointed pursuant to subparagraph (C), the membership
                of the Coordinating Council shall include 2
                representatives of the advisory panel established under
                subsection (c) who--
                            ``(i) shall be selected by the Secretary of
                        Health and Human Services, the Secretary of
                        Defense, and the Secretary of Veterans Affairs
                        acting jointly;
                            ``(ii) shall be nonvoting members; and
                            ``(iii) shall serve as liaisons between the
                        advisory panel and the Coordinating Council.
                    ``(E) Leadership.--The Director shall serve as the
                Chair of the Coordinating Council and shall be
                responsible for the leadership and oversight of the
                activities of the Coordinating Council.
                    ``(F) Consultation.--In carrying out the purpose
                described in subparagraph (B), the Coordinating Council
                shall consult with outside organizations on ways to
                improve medical simulation policy and access.
                    ``(G) Meetings.--
                            ``(i) In general.--The Coordinating Council
                        shall meet regularly and no less than 2 times
                        each year.
                            ``(ii) Notice.--Notice of any upcoming
                        meeting of the Coordinating Council shall be
                        published in the Federal Register.
                            ``(iii) Public access.--Any meeting of the
                        Coordinating Council shall be open to the
                        public.
    ``(c) Advisory Panel.--The Director shall establish an advisory
panel to make recommendations on how to structure the programs under
subsection (b). The members of such advisory panel shall consist of a
total of at least 10 representatives of the medical simulation
community, including representatives of--
            ``(1) academic medical centers or schools of medicine,
        osteopathy, podiatry, dentistry, nursing, or allied health;
            ``(2) health care professionals who are actively involved
        in medical simulation centers; and
            ``(3) at least 2 multidisciplinary associations which are
        recognized as having a primary focus on medical simulation.
    ``(d) Definitions.--
            ``(1) Medical simulation.--The term `medical simulation'
        means the use of a device, such as a mannequin, a task trainer,
        virtual reality, or a standardized patient, to emulate a real
        device, patient, or patient care situation or environment to
        teach therapeutic and diagnostic procedures, processes, medical
        concepts, and decisionmaking to a health care professional.
            ``(2) Qualified student.--The term `qualified student'
        means a student enrolled full-time or part-time in--
                    ``(A) a school of allied health, a school of
                dentistry, a school of medicine, a school of
                osteopathic medicine, or a school of podiatric medicine
                (as such terms are defined in section 799B); or
                    ``(B) a school of nursing (as such term is defined
                in section 801).
    ``(e) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated--
            ``(1) $50,000,000 for fiscal year 2008; and
            ``(2) such sums as may be necessary for fiscal years 2009
        through 2012.''.

Output:
Enhancing Safety in Medicine Utilizing Leading Advanced Simulation Technologies to Improve Outcomes Now Act of 2007 - Amends the Public Health Service Act to require the Director of the Agency for Healthcare Research and Quality to conduct and support research, evaluations, initiatives, and demonstration projects, and provide grants or enter into contracts or cooperative agreements, to enhance the deployment of medical simulation technologies and the incorporation of such technologies and equipment into medical, nursing, allied health, podiatric, osteopathic, and dental education and training protocols.

Requires the Director to: (1) establish medical simulation centers of excellence; (2) promote innovation by conducting and supporting research on complex or challenging medical simulation and interdisciplinary simulation technologies and developing an electronic clearinghouse of such technologies; and (3) award grants for purchasing, incorporating, and deploying such technologies for training of physicians, nurses, allied health professionals, and qualified students.

Establishes within the Department of Health and Human Services (HHS) the Federal Medical Simulation Coordinating Council. Requires the Director to establish an advisory panel to make recommendations on how to structure programs established by this Act.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Emergency Transportation Safety Fund
Act''.

                   TITLE I--ESTABLISHMENT AND FUNDING

SEC. 101. MODIFICATION AND PERMANENT EXTENSION OF THE INCENTIVES TO
              REINVEST FOREIGN EARNINGS IN THE UNITED STATES.

    (a) Repatriation Subject to 5 Percent Tax Rate.--Subsection (a)(1)
of section 965 of the Internal Revenue Code of 1986 is amended by
striking ``85 percent'' and inserting ``85.7 percent''.
    (b) Permanent Extension To Elect Repatriation.--Subsection (f) of
section 965 of the Internal Revenue Code of 1986 is amended to read as
follows:
    ``(f) Election.--The taxpayer may elect to apply this section to
any taxable year only if made on or before the due date (including
extensions) for filing the return of tax for such taxable year.''.
    (c) Repatriation Includes Current and Accumulated Foreign
Earnings.--
            (1) In general.--Paragraph (1) of section 965(b) of the
        Internal Revenue Code of 1986 is amended to read as follows:
            ``(1) In general.--The amount of dividends taken into
        account under subsection (a) shall not exceed the sum of the
        current and accumulated earnings and profits described in
        section 959(c)(3) for the year a deduction is claimed under
        subsection (a), without diminution by reason of any
        distributions made during the election year, for all controlled
        foreign corporations of the United States shareholder.''.
            (2) Conforming amendments.--
                    (A) Section 965(b) of such Code is amended by
                striking paragraphs (2) and (4) and by redesignating
                paragraph (3) as paragraph (2).
                    (B) Section 965(c) of such Code is amended by
                striking paragraphs (1) and (2) and by redesignating
                paragraphs (3), (4), and (5) as paragraphs (1), (2),
                and (3), respectively.
                    (C) Paragraph (3) of section 965(c) of such Code,
                as redesignated by subparagraph (B), is amended to read
                as follows:
            ``(3) Controlled groups.--All United States shareholders
        which are members of an affiliated group filing a consolidated
        return under section 1501 shall be treated as one United States
        shareholder.''.
    (d) Clerical Amendments.--
            (1) The heading for section 965 of the Internal Revenue
        Code of 1986 is amended by striking ``temporary''.
            (2) The table of sections for subpart F of part III of
        subchapter N of chapter 1 of such Code is amended by striking
        ``Temporary dividends'' and inserting ``Dividends''.
    (e) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.

SEC. 102. ESTABLISHMENT OF EMERGENCY TRANSPORTATION SAFETY FUND.

    (a) In General.--There is established in the Treasury of the United
States a trust fund to be known as the ``Emergency Transportation
Safety Fund''.
    (b) Transfers to Emergency Transportation Safety Fund.--
            (1) In general.--There are hereby appropriated to the
        Emergency Transportation Safety Fund amounts equivalent to 50
        percent of the excess of--
                    (A) the taxes received in the United States
                Treasury which are attributable to eligible 965
                dividends received by corporations which are United
                States shareholders, over
                    (B) the amount of the foreign tax credit allowed
                under section 901 of the Internal Revenue Code of 1986
                which is attributable to the non-deductible portion of
                such eligible 965 dividends.
            (2) Definitions.--For purposes of this subsection--
                    (A) Eligible 965 dividend.--The term ``eligible 965
                dividend'' means any amount received from a controlled
                foreign corporation for which a deduction is allowed
                under section 965 of the Internal Revenue Code of 1986,
                as determined based on estimates made by the Secretary
                of the Treasury, or the Secretary's delegate.
                    (B) Non-deductible portion.--The term ``non-
                deductible portion'' means the excess of the amount of
                any eligible 965 dividend over the deductible portion
                (as defined in section 965(d)(3) of the Internal
                Revenue Code of 1986) of such amount.
    (c) Emergency Relief Expenditures.--Section 125(c) of title 23,
United States Code, is amended by adding at the end the following:
            ``(3) Emergency transportation safety fund.--Amounts
        deposited into the Emergency Transportation Safety Fund
        established under section 102(a) of the Emergency
        Transportation Safety Fund Act are authorized to be obligated
        to carry out, in priority order, the projects on the current
        list compiled by the Secretary under section 201(b)(1) of such
        Act that meet the eligibility requirements set forth in
        subsection (a).''.

        TITLE II--EMERGENCY TRANSPORTATION SAFETY PRIORITY LIST

SEC. 201. EMERGENCY TRANSPORTATION PRIORITIES.

    (a) List.--The Secretary of Transportation, in consultation with a
representative sample of State and local government transportation
officials, shall compile a prioritized list of emergency transportation
projects, which will guide the allocation of funding to the States from
the Emergency Transportation Safety Fund.
    (b) Criteria.--In compiling the list under subsection (a), the
Secretary of Transportation, in addition to other criteria established
by the Secretary, shall rank priorities in descending order, beginning
with--
            (1) whether the project is part of the interstate highway
        system;
            (2) whether the project is a road or bridge that is closed
        for safety reasons;
            (3) the impact of the project on interstate commerce;
            (4) the volume of traffic affected by the project; and
            (5) the overall value of the project or entity.
    (c) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Transportation shall submit a
report to Congress that includes--
            (1) a prioritized list of emergency transportation projects
        to be funded through the Emergency Transportation Safety Fund;
        and
            (2) a description of the criteria used to establish the
        list referred to in paragraph (1).
    (d) Quarterly Updates.--Not less frequently than 4 times per year,
the Secretary of Transportation shall--
            (1) update the report submitted pursuant to subsection (c);
            (2) send a copy of the report to Congress; and
            (3) make a copy of the report available to the public
        through the Department of Transportation's website.

Output: Emergency Transportation Safety Fund Act - Amends the Internal Revenue Code to reduce the tax rate on current and accumulated foreign earnings of U.S. corporations reinvested in the United States and make such lower rate permanent. Establishes the Emergency Transportation Safety Fund and makes appropriations to it. Directs the Secretary of Transportation (DOT) to compile a prioritized list of emergency transportation projects, which will guide the allocation of Fund amounts to the states.