Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Judicially Enforceable Terrorism
Subpoenas Act of 2004''.

SEC. 2. ADMINISTRATIVE SUBPOENAS IN TERRORISM INVESTIGATIONS.

    (a) In General.--Chapter 113B of title 18, United States Code, is
amended by inserting after section 2332f the following:
``Sec. 2332g. Judicially enforceable terrorism subpoenas
    ``(a) Authorization of Use.--
            ``(1) In general.--In any investigation concerning a
        Federal crime of terrorism (as defined under section
        2332b(g)(5)), the Attorney General may issue in writing and
        cause to be served a subpoena requiring the production of any
        records or other materials that the Attorney General finds
        relevant to the investigation, or requiring testimony by the
        custodian of the materials to be produced concerning the
        production and authenticity of those materials.
            ``(2) Contents.--A subpoena issued under paragraph (1)
        shall describe the records or items required to be produced and
        prescribe a return date within a reasonable period of time
        within which the records or items can be assembled and made
        available.
            ``(3) Attendance of witnesses and production of records.--
                    ``(A) In general.--The attendance of witnesses and
                the production of records may be required from any
                place in any State, or in any territory or other place
                subject to the jurisdiction of the United States at any
                designated place of hearing.
                    ``(B) Limitation.--A witness shall not be required
                to appear at any hearing more than 500 miles distant
                from the place where he was served with a subpoena.
                    ``(C) Reimbursement.--Witnesses summoned under this
                section shall be paid the same fees and mileage that
                are paid to witnesses in the courts of the United
                States.
    ``(b) Service.--
            ``(1) In general.--A subpoena issued under this section may
        be served by any person designated in the subpoena as the agent
        of service.
            ``(2) Service of subpoena.--
                    ``(A) Natural person.--Service of a subpoena upon a
                natural person may be made by personal delivery of the
                subpoena to that person, or by certified mail with
                return receipt requested.
                    ``(B) Business entities and associations.--Service
                of a subpoena may be made upon a domestic or foreign
                corporation, or upon a partnership or other
                unincorporated association that is subject to suit
                under a common name, by delivering the subpoena to an
                officer, to a managing or general agent, or to any
                other agent authorized by appointment or by law to
                receive service of process.
                    ``(C) Proof of service.--The affidavit of the
                person serving the subpoena entered by that person on a
                true copy thereof shall be sufficient proof of service.
    ``(c) Enforcement.--
            ``(1) In general.--In the case of the contumacy by, or
        refusal to obey a subpoena issued to, any person, the Attorney
        General may invoke the aid of any court of the United States
        within the jurisdiction of which the investigation is carried
        on, or the subpoenaed person resides, carries on business, or
        may be found, to compel compliance with the subpoena.
            ``(2) Order.--A court of the United States described under
        paragraph (1) may issue an order requiring the subpoenaed
        person, in accordance with the subpoena, to appear, to produce
        records, or to give testimony touching the matter under
        investigation. Any failure to obey the order of the court may
        be punished by the court as contempt thereof.
            ``(3) Service of process.--Any process under this
        subsection may be served in any judicial district in which the
        person may be found.
    ``(d)  Nondisclosure requirement.--
            ``(1) In general.--If the Attorney General certifies that
        otherwise there may result a danger to the national security of
        the United States, no person shall disclose to any other person
        that a subpoena was received or records were provided pursuant
        to this section, other than to--
                    ``(A) those persons to whom such disclosure is
                necessary in order to comply with the subpoena;
                    ``(B) an attorney to obtain legal advice with
                respect to testimony or the production of records in
                response to the subpoena; or
                    ``(C) other persons as permitted by the Attorney
                General.
            ``(2) Notice of nondisclosure requirement.--The subpoena,
        or an officer, employee, or agency of the United States in
        writing, shall notify the person to whom the subpoena is
        directed of the nondisclosure requirements under paragraph (1).
            ``(3) Further applicability of nondisclosure
        requirements.--Any person who receives a disclosure under this
        subsection shall be subject to the same prohibitions on
        disclosure under paragraph (1).
    ``(4) Enforcement of nondisclosure requirement.--Whoever knowingly
violates paragraphs (1) or (3) shall be imprisoned for not more than 1
year, and if the violation is committed with the intent to obstruct an
investigation or judicial proceeding, shall be imprisoned for not more
than 5 years.
    ``(5) Termination of nondisclosure requirement.--If the Attorney
General concludes that a nondisclosure requirement no longer is
justified by a danger to the national security of the United States, an
officer, employee, or agency of the United States shall notify the
relevant person that the prohibition of disclosure is no longer
applicable.
    ``(e) Judicial Review.--
            ``(1) In general.--At any time before the return date
        specified in a summons issued under this section, the person or
        entity summoned may, in the United States district court for
        the district in which that person or entity does business or
        resides, petition for an order modifying or setting aside the
        summons.
            ``(2) Modification of nondisclosure requirement.--Any court
        described under paragraph (1) may modify or set aside a
        nondisclosure requirement imposed under subsection (d) at the
        request of a person to whom a subpoena has been directed,
        unless there is reason to believe that the nondisclosure
        requirement is justified because otherwise there may result a
        danger to the national security of the United States.
            ``(3) Review of government submissions.--In all proceedings
        under this subsection, the court shall review the submission of
        the Federal Government, which may include classified
        information, ex parte and in camera.
    ``(f) Immunity From Civil Liability.--Any person, including
officers, agents, and employees of a non-natural person, who in good
faith produce the records or items requested in a subpoena, shall not
be liable in any court of any State or the United States to any
customer or other person for such production, or for nondisclosure of
that production to the customer or other person.
    ``(g) Guidelines.--The Attorney General shall, by rule, establish
such guidelines as are necessary to ensure the effective implementation
of this section.''.
    (b) Amendment to Table of Sections.--The table of sections of
chapter 113B of title 18, United States Code, is amended by inserting
after the item relating to section 2332f the following:

``2332g. Judicially enforceable terrorism subpoenas.''.

Output:
Judicially Enforceable Terrorism Subpoenas Act of 2004 - Amends the Federal criminal code to authorize the Attorney General, in any investigation concerning a Federal crime of terrorism, to subpoena the production of relevant records or materials or testimony by the custodian concerning those materials.

Provides that attendance of witnesses and the production of records may be required from any place subject to U.S. jurisdiction at a designated hearing place, except that a witness may not be required to appear at any hearing more than 500 miles from the place where the subpoena is served.

Authorizes the Attorney General, under specified circumstances, to invoke the aid of any U.S. court with jurisdiction to compel compliance with the subpoena.

Limits disclosure regarding the receipt of a subpoena or the provision of records if the Attorney General certifies that otherwise a danger to national security may result. Sets forth provisions regarding judicial review and immunity from civil liability for compliance with this Act.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Windstorm Impact Reduction
Act Reauthorization of 2014''.

SEC. 2. DEFINITIONS.

    (a) Director.--Section 203(1) of the National Windstorm Impact
Reduction Act of 2004 (42 U.S.C. 15702(1)) is amended by striking
``Director of the Office of Science and Technology Policy'' and
inserting ``Director of the National Institute of Standards and
Technology''.
    (b) Lifelines.--Section 203 of the National Windstorm Impact
Reduction Act of 2004 (42 U.S.C. 15702) is further amended--
            (1) by redesignating paragraphs (2) through (4) as
        paragraphs (3) through (5), respectively; and
            (2) by inserting after paragraph (1) the following new
        paragraph:
            ``(2) Lifelines.--The term `lifelines' means public works
        and utilities, including transportation facilities and
        infrastructure, oil and gas pipelines, electrical power and
        communication facilities and infrastructure, and water supply
        and sewage treatment facilities.''.

SEC. 3. NATIONAL WINDSTORM IMPACT REDUCTION PROGRAM.

    Section 204 of the National Windstorm Impact Reduction Act of 2004
(42 U.S.C. 15703) is amended--
            (1) by striking subsections (a), (b), and (c) and inserting
        the following:
    ``(a) Establishment.--There is established the National Windstorm
Impact Reduction Program, the purpose of which is to achieve major
measurable reductions in the losses of life and property from
windstorms through a coordinated Federal effort, in cooperation with
other levels of government, academia, and the private sector, aimed at
improving the understanding of windstorms and their impacts and
developing and encouraging the implementation of cost-effective
mitigation measures to reduce those impacts.
    ``(b) Responsibilities of Program Agencies.--
            ``(1) Lead agency.--The National Institute of Standards and
        Technology shall have the primary responsibility for planning
        and coordinating the Program. In carrying out this paragraph,
        the Director shall--
                    ``(A) ensure that the Program includes the
                necessary components to promote the implementation of
                windstorm risk reduction measures by Federal, State,
                and local governments, national standards and model
                building code organizations, architects and engineers,
                and others with a role in planning and constructing
                buildings and lifelines;
                    ``(B) support the development of performance-based
                engineering tools, and work with appropriate groups to
                promote the commercial application of such tools,
                including through wind-related model building codes,
                voluntary standards, and construction best practices;
                    ``(C) request the assistance of Federal agencies
                other than the Program agencies, as necessary to assist
                in carrying out this Act;
                    ``(D) coordinate all Federal post-windstorm
                investigations; and
                    ``(E) when warranted by research or investigative
                findings, issue recommendations to assist in informing
                the development of model codes, and provide information
                to Congress on the use of such recommendations.
            ``(2) National institute of standards and technology.--In
        addition to the lead agency responsibilities described under
        paragraph (1), the National Institute of Standards and
        Technology shall be responsible for carrying out research and
        development to improve model building codes, voluntary
        standards, and best practices for the design, construction, and
        retrofit of buildings, structures, and lifelines.
            ``(3) National science foundation.--The National Science
        Foundation shall support research in--
                    ``(A) engineering and the atmospheric sciences to
                improve the understanding of the behavior of windstorms
                and their impact on buildings, structures, and
                lifelines; and
                    ``(B) economic and social factors influencing
                windstorm risk reduction measures.
            ``(4) National oceanic and atmospheric administration.--The
        National Oceanic and Atmospheric Administration shall support
        atmospheric sciences research to improve the understanding of
        the behavior of windstorms and their impact on buildings,
        structures, and lifelines.
            ``(5) Federal emergency management agency.--The Federal
        Emergency Management Agency shall--
                    ``(A) support--
                            ``(i) the development of risk assessment
                        tools and effective mitigation techniques;
                            ``(ii) windstorm-related data collection
                        and analysis;
                            ``(iii) public outreach and information
                        dissemination; and
                            ``(iv) promotion of the adoption of
                        windstorm preparedness and mitigation measures,
                        including for households, businesses, and
                        communities, consistent with the Agency's all-
                        hazards approach; and
                    ``(B) work closely with national standards and
                model building code organizations, in conjunction with
                the National Institute of Standards and Technology, to
                promote the implementation of research results and
                promote better building practices within the building
                design and construction industry, including architects,
                engineers, contractors, builders, and inspectors.'';
            (2) by redesignating subsection (d) as subsection (c), and
        by striking subsections (e) and (f); and
            (3) by inserting after subsection (c), as so redesignated,
        the following new subsections:
    ``(d) Budget Activities.--The Director of the National Institute of
Standards and Technology, the Director of the National Science
Foundation, the Director of the National Oceanic and Atmospheric
Administration, and the Director of the Federal Emergency Management
Agency shall each include in their agency's annual budget request to
Congress a description of their agency's projected activities under the
Program for the fiscal year covered by the budget request, along with
an assessment of what they plan to spend on those activities for that
fiscal year.
    ``(e) Interagency Coordinating Committee on Windstorm Impact
Reduction.--
            ``(1) Establishment.--There is established an Interagency
        Coordinating Committee on Windstorm Impact Reduction, chaired
        by the Director.
            ``(2) Membership.--In addition to the chair, the Committee
        shall be composed of--
                    ``(A) the heads of--
                            ``(i) the Federal Emergency Management
                        Agency;
                            ``(ii) the National Oceanic and Atmospheric
                        Administration;
                            ``(iii) the National Science Foundation;
                            ``(iv) the Office of Science and Technology
                        Policy; and
                            ``(v) the Office of Management and Budget;
                        and
                    ``(B) the head of any other Federal agency the
                chair considers appropriate.
            ``(3) Meetings.--The Committee shall meet not less than 2
        times a year at the call of the Director of the National
        Institute of Standards and Technology.
            ``(4) General purpose and duties.--The Committee shall
        oversee the planning and coordination of the Program.
            ``(5) Strategic plan.--The Committee shall develop and
        submit to Congress, not later than one year after the date of
        enactment of the National Windstorm Impact Reduction Act
        Reauthorization of 2014, a Strategic Plan for the Program that
        includes--
                    ``(A) prioritized goals for the Program that will
                mitigate against the loss of life and property from
                future windstorms;
                    ``(B) short-term, mid-term, and long-term research
                objectives to achieve those goals;
                    ``(C) a description of the role of each Program
                agency in achieving the prioritized goals;
                    ``(D) the methods by which progress towards the
                goals will be assessed; and
                    ``(E) an explanation of how the Program will foster
                the transfer of research results into outcomes, such as
                improved model building codes.
            ``(6) Progress report.--Not later than 18 months after the
        date of enactment of the National Windstorm Impact Reduction
        Act Reauthorization of 2014, the Committee shall submit to the
        Congress a report on the progress of the Program that
        includes--
                    ``(A) a description of the activities funded under
                the Program, a description of how these activities
                align with the prioritized goals and research
                objectives established in the Strategic Plan, and the
                budgets, per agency, for these activities;
                    ``(B) the outcomes achieved by the Program for each
                of the goals identified in the Strategic Plan;
                    ``(C) a description of any recommendations made to
                change existing building codes that were the result of
                Program activities; and
                    ``(D) a description of the extent to which the
                Program has incorporated recommendations from the
                Advisory Committee on Windstorm Impact Reduction.
            ``(7) Coordinated budget.--The Committee shall develop a
        coordinated budget for the Program, which shall be submitted to
        the Congress at the time of the President's budget submission
        for each fiscal year.''.

SEC. 4. NATIONAL ADVISORY COMMITTEE ON WINDSTORM IMPACT REDUCTION.

    Section 205 of the National Windstorm Impact Reduction Act of 2004
(42 U.S.C. 15704) is amended to read as follows:

``SEC. 205. NATIONAL ADVISORY COMMITTEE ON WINDSTORM IMPACT REDUCTION.

    ``(a) In General.--The Director of the National Institute of
Standards and Technology shall establish an Advisory Committee on
Windstorm Impact Reduction, which shall be composed of at least 7
members, none of whom may be employees of the Federal Government,
including representatives of research and academic institutions,
industry standards development organizations, emergency management
agencies, State and local government, and business communities who are
qualified to provide advice on windstorm impact reduction and represent
all related scientific, architectural, and engineering disciplines. The
recommendations of the Advisory Committee shall be considered by
Federal agencies in implementing the Program.
    ``(b) Assessments.--The Advisory Committee on Windstorm Impact
Reduction shall offer assessments on--
            ``(1) trends and developments in the natural, engineering,
        and social sciences and practices of windstorm impact
        mitigation;
            ``(2) the priorities of the Program's Strategic Plan;
            ``(3) the coordination of the Program; and
            ``(4) any revisions to the Program which may be necessary.
    ``(c) Compensation.--The members of the Advisory Committee
established under this section shall serve without compensation.
    ``(d) Reports.--At least every 2 years, the Advisory Committee
shall report to the Director on the assessments carried out under
subsection (b) and its recommendations for ways to improve the Program.
    ``(e) Charter.--Notwithstanding section 14(b)(2) of the Federal
Advisory Committee Act (5 U.S.C. App.), the Advisory Committee shall
not be required to file a charter subsequent to its initial charter,
filed under section 9(c) of such Act, before the termination date
specified in subsection (f) of this section.
    ``(f) Termination.--The Advisory Committee shall terminate on
September 30, 2016.
    ``(g) Conflict of Interest.--An Advisory Committee member shall
recuse himself from any Advisory Committee activity in which he has an
actual pecuniary interest.''.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    Section 207 of the National Windstorm Impact Reduction Act of 2004
(42 U.S.C. 15706) is amended to read as follows:

``SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Federal Emergency Management Agency.--There are authorized to
be appropriated to the Federal Emergency Management Agency for carrying
out this title--
            ``(1) $5,332,000 for fiscal year 2014; and
            ``(2) $5,332,000 for fiscal year 2015.
    ``(b) National Science Foundation.--There are authorized to be
appropriated to the National Science Foundation for carrying out this
title--
            ``(1) $9,682,000 for fiscal year 2014; and
            ``(2) $9,682,000 for fiscal year 2015.
    ``(c) National Institute of Standards and Technology.--There are
authorized to be appropriated to the National Institute of Standards
and Technology for carrying out this title--
            ``(1) $4,120,000 for fiscal year 2014; and
            ``(2) $4,120,000 for fiscal year 2015.
    ``(d) National Oceanic and Atmospheric Administration.--There are
authorized to be appropriated to the National Oceanic and Atmospheric
Administration for carrying out this title--
            ``(1) $2,266,000 for fiscal year 2014; and
            ``(2) $2,266,000 for fiscal year 2015.''.

            Passed the House of Representatives July 14, 2014.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Output: National Windstorm Impact Reduction Act Reauthorization of 2014 - (Sec. 2) Amends the National Windstorm Impact Reduction Act of 2004 to revise provisions governing the National Windstorm Impact Reduction Program.  Defines the "Director" of the Program to mean the Director of the National Institute of Standards and Technology (NIST) (currently, the Director of the Office of Science and Technology Policy). (Sec. 3) Designates NIST as the entity with primary responsibility for Program planning and coordination and expands the responsibilities of the other Program agencies, which include the National Science Foundation (NSF), the Federal Emergency Management Agency (FEMA), and the National Oceanic and Atmospheric Administration (NOAA).  Requires NIST to: (1) ensure that the Program includes the necessary components to promote implementation of windstorm risk reduction measures, (2) support the development of performance-based engineering tools, (3) request the assistance of federal agencies other than the Program agencies as necessary, (4) coordinate all federal post-windstorm investigations, and (5) issue recommendations to assist in informing the development of model codes. Requires NSF to support research in economic and social factors influencing windstorm risk reduction measures.  Requires FEMA to: (1) promote the adoption of windstorm preparedness and mitigation measures, including for households, businesses, and communities; and (2) work closely with national standards and model building code organizations to promote the implementation of research results and promote better building practices within the building design and construction industry. Requires the Directors of the Program agencies to each include in their agency's annual budget request a description of their agency's projected activities under the Program and an assessment of what they plan to spend on those activities. Replaces provisions establishing an Interagency Working Group with provisions establishing the Interagency Coordinating Committee on Windstorm Impact Reduction, which shall be composed of the heads of the Program agencies and the Office of Management and Budget (OMB). Directs the Committee to oversee Program planning and coordination and to develop and submit to Congress a strategic plan, progress report, and coordinated budget for the Program. (Sec. 4) Revises provisions providing for the establishment of an Advisory Committee on Windstorm Impact Reduction (currently, the National Advisory Committee on Windstorm Impact Reduction), which shall: (1) be composed of at least seven non-federal members, (2) provide recommendations to be considered by federal agencies in implementing the Program, and (3) offer assessments of the priorities of the Program's strategic plan, coordination of the Program, and Program revisions. Terminates the Committee on September 30, 2016.  Authorizes appropriations to the Program agencies for FY2014-FY2015 for carrying out the Program.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Improving Access to Higher Education
Act of 2007''.

SEC. 2. INCREASE IN FEDERAL PELL GRANTS.

    (a) Amendment.--Section 401 of the Higher Education Act of 1965 (20
U.S.C. 1070a) is amended--
            (1) in subsection (a)(1), by striking ``2004'' and
        inserting ``2008''; and
            (2) in subsection (b)--
                    (A) in subparagraph (A) of paragraph (2), by
                striking ``shall be--'' and all that follows through
                ``that year.'' and inserting ``shall be $5,100 for
                academic year 2007-2008, less an amount equal to the
                amount determined to be the expected family
                contribution with respect to that student for that
                year.''; and
                    (B) in paragraph (5), by striking ``$400'' each
                place the term appears and inserting ``$500''.
    (b) Additional Funds.--
            (1) In general.--There are authorized to be appropriated,
        and there are appropriated, to carry out paragraph (2) (in
        addition to any other amounts appropriated to carry out section
        401 of the Higher Education Act of 1965 (20 U.S.C. 1070a) and
        out of any money in the Treasury not otherwise appropriated)
        $4,331,000,000 for academic year 2007-2008.
            (2) Increase in federal pell grants.--The funds made
        available pursuant to paragraph (1) shall be used to increase
        the amount of the maximum Federal Pell Grant under section 401
        of the Higher Education Act of 1965 for which funds are
        appropriated under appropriations Acts for fiscal year 2007 by
        $1,050 for award year 2007-2008.
    (c) Effective Date.--The amendments made by subsection (a)(2)(B)
shall take effect on July 1, 2007.

SEC. 3. EXPANSION OF DEDUCTION FOR INTEREST ON EDUCATION LOANS.

    (a) Increased Limitation.--
            (1) Maximum deduction.--Paragraph (1) of section 221(b) of
        the Internal Revenue Code of 1986 (relating to maximum
        deduction) is amended to read as follows:
            ``(1) In general.--Except as provided in paragraph (2), the
        deduction allowed by subsection (a) for the taxable year shall
        not exceed $3,750.''.
            (2) Increase in phaseout.--Subclause (II) of section
        221(b)(2)(i) of such Code is amended by striking ``$50,000
        ($100,000'' and inserting ``$75,000 ($150,000''.
    (b) Conforming Amendment.--Section 221(f)(1) of such Code is
amended to read as follows:
            ``(1) In general.--In the case of a taxable year beginning
        after 2007, the $75,000 and $150,000 amounts in subsection
        (b)(2) shall each be increased by an amount equal to--
                    ``(A) such dollar amount, multiplied by
                    ``(B) the cost-of-living adjustment determined
                under section 1(f)(3) for the calendar year in which
                the taxable year begins, determined by substituting
                `calendar year 2006' for `calendar year 1992' in
                subparagraph (B) thereof.''.
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2006.
    (d) Repeal of EGTRRA Sunset.--Title IX of the Economic Growth and
Tax Relief Reconciliation Act of 2001 (relating to sunset of provisions
of such Act) shall not apply to section 412 of such Act (relating to
elimination of 60-month limit and increase in income limitation on
student loan interest deduction).

SEC. 4. COVERDELL EDUCATION SAVINGS ACCOUNTS.

    (a) Increase in Allowable Contributions.--
            (1) In general.--Clause (iii) of section 530(b)(1)(A) of
        the Internal Revenue Code of 1986 is amended by striking
        ``$2,000'' and inserting ``$3,000''.
            (2) Conforming amendment.--Section 4973(e)(1)(A) of such
        Code is amended by striking ``$2,000'' and inserting
        ``$3,000''.
    (b) Reports.--Subsection (h) of section 530 of such Code is amended
by striking the period at the end of the last sentence and inserting
``, except that reports shall be so filed and furnished for any
calendar year not later than June 30 of the following year.''.
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2006.
    (d) Repeal of EGTRRA Sunset.--Title IX of the Economic Growth and
Tax Relief Reconciliation Act of 2001 (relating to sunset of provisions
of such Act) shall not apply to section 401 of such Act (relating to
modifications to education individual retirement accounts).

SEC. 5. REPEAL OF EGTRRA SUNSET FOR EMPLOYER-PROVIDED EDUCATIONAL
              ASSISTANCE.

    Title IX of the Economic Growth and Tax Relief Reconciliation Act
of 2001 (relating to sunset of provisions of such Act) shall not apply
to section 411 of such Act (relating to extension of exclusion for
employer-provided educational assistance).

Output:
Improving Access to Higher Education Act of 2007 - Amends the Higher Education Act of 1965 to increase the maximum Pell Grant award to $5,100 for the 2007-2008 academic year. Raises the minimum Pell Grant award from $400 to $500.

Amends the Internal Revenue Code to raise: (1) the maximum student loan interest deduction to $3,750; and (2) the modified adjusted gross income level where such deduction begins to be phased-out.

Exempts from the sunset provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA): (1) the elimination of the 60-month limit on the period of such deduction; and (2) the increase in the income limitation on such deduction.

Increases the maximum annual contribution limit for Coverdell education savings accounts from $2,000 to $3,000, and makes such increase permanent.

Repeals the EGTRRA sunset on the tax exclusion of employer-provided educational assistance.


Input:
SECTION 1. TEMPORARY INCREASE OF MEDICAID FMAP.

    (a) Permitting Maintenance of Fiscal Year 2007 FMAP for Last 2
Calendar Quarters of Fiscal Year 2008.--Subject to subsection (e), if
the FMAP determined without regard to this section for a State for
fiscal year 2008 is less than the FMAP as so determined for fiscal year
2007, the FMAP for the State for fiscal year 2007 shall be substituted
for the State's FMAP for the third and fourth calendar quarters of
fiscal year 2008, before the application of this section.
    (b) Permitting Maintenance of Fiscal Year 2008 FMAP for First 3
Quarters of Fiscal Year 2009.--Subject to subsection (e), if the FMAP
determined without regard to this section for a State for fiscal year
2009 is less than the FMAP as so determined for fiscal year 2008, the
FMAP for the State for fiscal year 2008 shall be substituted for the
State's FMAP for the first, second, and third calendar quarters of
fiscal year 2009, before the application of this section.
    (c) General 2.95 Percentage Points Increase for Last 2 Calendar
Quarters of Fiscal Year 2008 and First 3 Calendar Quarters of Fiscal
Year 2009.--Subject to subsections (e), (f), and (g), for each State
for the third and fourth calendar quarters of fiscal year 2008 and for
the first, second, and third calendar quarters of fiscal year 2009, the
FMAP (taking into account the application of subsections (a) and (b))
shall be increased by 2.95 percentage points.
    (d) Increase in Cap on Medicaid Payments to Territories.--Subject
to subsections (f) and (g), with respect to the third and fourth
calendar quarters of fiscal year 2008 and the first, second, and third
calendar quarters of fiscal year 2009, the amounts otherwise determined
for Puerto Rico, the Virgin Islands, Guam, the Northern Mariana
Islands, and American Samoa under subsections (f) and (g) of section
1108 of the Social Security Act (42 U.S.C. 1308) shall each be
increased by an amount equal to 5.90 percent of such amounts.
    (e) Scope of Application.--The increases in the FMAP for a State
under this section shall apply only for purposes of title XIX of the
Social Security Act and shall not apply with respect to--
            (1) disproportionate share hospital payments described in
        section 1923 of such Act (42 U.S.C. 1396r-4);
            (2) payments under title IV or XXI of such Act (42 U.S.C.
        601 et seq. and 1397aa et seq.); or
            (3) any payments under XIX of such Act that are based on
        the enhanced FMAP described in section 2105(b) of such Act (42
        U.S.C. 1397ee(b)).
    (f) State Eligibility.--
            (1) In general.--Subject to paragraph (2), a State is
        eligible for an increase in its FMAP under subsection (c) or an
        increase in a cap amount under subsection (d) only if the
        eligibility under its State plan under title XIX of the Social
        Security Act (including any waiver under such title or under
        section 1115 of such Act (42 U.S.C. 1315)) is no more
        restrictive than the eligibility under such plan (or waiver) as
        in effect on January 1, 2008.
            (2) State reinstatement of eligibility permitted.--A State
        that has restricted eligibility under its State plan under
        title XIX of the Social Security Act (including any waiver
        under such title or under section 1115 of such Act (42 U.S.C.
        1315)) after January 1, 2008, is eligible for an increase in
        its FMAP under subsection (c) or an increase in a cap amount
        under subsection (d) in the first calendar quarter (and
        subsequent calendar quarters) in which the State has reinstated
        eligibility that is no more restrictive than the eligibility
        under such plan (or waiver) as in effect on January 1, 2008.
            (3) Rule of construction.--Nothing in paragraph (1) or (2)
        shall be construed as affecting a State's flexibility with
        respect to benefits offered under the State medicaid program
        under title XIX of the Social Security Act (42 U.S.C. 1396 et
        seq.) (including any waiver under such title or under section
        1115 of such Act (42 U.S.C. 1315)).
    (g) Requirement for Certain States.--In the case of a State that
requires political subdivisions within the State to contribute toward
the non-Federal share of expenditures under the State medicaid plan
required under section 1902(a)(2) of the Social Security Act (42 U.S.C.
1396a(a)(2)), the State shall not require that such political
subdivisions pay a greater percentage of the non-Federal share of such
expenditures for the third and fourth calendar quarters of fiscal year
2008 and the first, second, and third calendar quarters of fiscal year
2009, than the percentage that would have been required by the State
under such plan on March 31, 2008, prior to application of this
section.
    (h) Definitions.--In this section:
            (1) FMAP.--The term ``FMAP'' means the Federal medical
        assistance percentage, as defined in section 1905(b) of the
        Social Security Act (42 U.S.C. 1396d(b)).
            (2) State.--The term ``State'' has the meaning given such
        term for purposes of title XIX of the Social Security Act (42
        U.S.C. 1396 et seq.).
            (3) Repeal.--Effective as of October 1, 2009, this section
        is repealed.

Output:
Provides that, if the federal medical assistance percentage (FMAP) determined under title XIX (Medicaid) of the Social Security Act without regard to this Act for a state for FY2008 is less than the FMAP as so determined for FY2007, the FY2007 FMAP shall be substituted for the FMAP for the third and fourth calendar quarters of FY2008, before the application of this Act.

Provides that, if the FMAP determined without regard to this Act for a state for FY2009 is less than the FMAP as so determined for FY2008, the FY2008 FMAP shall be substituted for the FMAP for the first, second, and third calendar quarters of FY2009, before the application of this Act.

Provides that, for each eligible state for the third and fourth calendar quarters of FY2008, and for the first, second, and third calendar quarters of FY2009, the FMAP shall be increased by 2.95 percentage points.

Provides for an increase in the cap on Medicaid payments to Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safe Environment from Countries
Under Repression and Emergency Act'' or the ``SECURE Act''.

SEC. 2. ADJUSTMENT OF STATUS OF CERTAIN FOREIGN NATIONALS.

    (a) Adjustment of Status.--
            (1) In general.--Notwithstanding section 245(c) of the
        Immigration and Nationality Act (8 U.S.C. 1255(c)), the status
        of any alien described in subsection (b) shall be adjusted by
        the Secretary of Homeland Security to that of an alien lawfully
        admitted for permanent residence if the alien--
                    (A) is not inadmissible under paragraph (2) or (3)
                of section 212(a) of such Act (8 U.S.C. 1182(a));
                    (B) is not deportable under paragraph (2), (3), or
                (4) of section 237(a) of such Act (8 U.S.C. 1227(a));
                and
                    (C) is not described in section 208(b)(2)(A)(i) of
                such Act (8 U.S.C. 1158(b)(2)(A)(i)).
            (2) Relationship of application to certain orders.--
                    (A) In general.--An alien who is present in the
                United States and has been ordered removed, or
                permitted voluntarily to depart, from the United States
                under any provision of the Immigration and Nationality
                Act (8 U.S.C. 1101 et seq.) may, notwithstanding such
                order, apply for adjustment of status under paragraph
                (1).
                    (B) Motion not required.--An alien described in
                subparagraph (A) may not be required, as a condition of
                submitting or approving an application under such
                subparagraph, to file a motion to reopen, reconsider,
                or vacate an order described in such subparagraph.
                    (C) Approval.--If the Secretary of Homeland
                Security approves an application submitted by an alien
                under subparagraph (A), the Secretary shall cancel the
                order related to the alien that is referred to in such
                subparagraph.
                    (D) Denial.--If the Secretary of Homeland Security
                renders a final administrative decision to deny an
                application submitted by an alien under subparagraph
                (A), the order related to such alien shall be effective
                and enforceable to the same extent as if such
                application had not been made.
    (b) Aliens Eligible for Adjustment of Status.--
            (1) In general.--An alien is described in this subsection
        if the alien--
                    (A) is a national of a foreign state that was at
                any time designated under section 244(b) of the
                Immigration and Nationality Act (8 U.S.C. 1254a(b));
                    (B)(i) is in temporary protected status under
                section 244 of the Immigration and Nationality Act 8 (8
                U.S.C. 1254a);
                    (ii) held temporary protected status as a national
                of a designated country listed in paragraph (1); or
                    (iii) qualified for temporary protected status at
                the time the last designation was made by the Secretary
                of Homeland Security;
                    (C) has been continuously present in the United
                States for at least 3 years and is physically present
                in the United States on the date on which the alien
                files an application for adjustment of status under
                this section; and
                    (D) passes all applicable criminal and national
                security background checks.
            (2) Short absences.--An alien shall not be considered to
        have failed to maintain continuous physical presence in the
        United States under paragraph (1)(C) by reason of an absence,
        or multiple absences, from the United States for any period or
        periods that do not exceed, in the aggregate, 180 days.
            (3) Waiver authorized.--Notwithstanding any provision of
        the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), an
        alien who fails to meet the continuous physical presence
        requirement under paragraph (1)(C) shall be considered eligible
        to receive an adjustment of status under this section if the
        Attorney General or the Secretary of Homeland Security
        determines that the removal of the alien from the United States
        would result in extreme hardship to the alien or the alien's
        spouse, children, parents, or domestic partner.
    (c) Stay of Removal.--
            (1) In general.--Except as provided in paragraph (2), an
        alien who is subject to a final order of removal may not be
        removed if the alien--
                    (A) has a pending application under subsection (a);
                or
                    (B)(i) is prima facie eligible to file an
                application under subsection (a); and
                    (ii) indicates that he or she intends to file such
                an application.
            (2) Exception.--Paragraph (1) shall not apply to any alien
        whose application under subsection (a) has been denied by the
        Secretary of Homeland Security in a final administrative
        determination.
            (3) During certain proceedings.--
                    (A) In general.--Except as provided in subparagraph
                (B) and notwithstanding any provision of the
                Immigration and Nationality Act (8 U.S.C. 1101 et
                seq.), the Secretary of Homeland Security may not order
                any alien to be removed from the United States if the
                alien raises, as a defense to such an order, the
                eligibility of the alien to apply for adjustment of
                status under subsection (a).
                    (B) Exception.--Subparagraph (A) shall not apply to
                any alien whose application under subsection (a) has
                been denied by the Secretary of Homeland Security in a
                final administrative determination.
            (4) Work authorization.--The Secretary of Homeland
        Security--
                    (A) shall authorize any alien who has applied for
                adjustment of status under subsection (a) to engage in
                employment in the United States while such application
                is pending; and
                    (B) may provide such alien with an ``employment
                authorized'' endorsement or other appropriate document
                signifying such employment authorization.
    (d) Adjustment of Status for Spouses and Children.--
            (1) In general.--Notwithstanding section 245(c) of the
        Immigration and Nationality Act (8 U.S.C. 1255(c)) and except
        as provided in paragraphs (2) and (3), the Secretary of
        Homeland Security shall adjust the status of an alien to that
        of an alien lawfully admitted for permanent residence if the
        alien--
                    (A) is the spouse, domestic partner, child, or
                unmarried son or daughter of an alien whose status has
                been adjusted to that of an alien lawfully admitted for
                permanent residence under subsection (a);
                    (B) is physically present in the United States on
                the date on which the alien files an application for
                such adjustment of status; and
                    (C) is otherwise eligible to receive an immigrant
                visa and is otherwise admissible to the United States
                for permanent residence.
            (2) Continuous presence requirement.--
                    (A) In general.--The status of an unmarried son or
                daughter referred to in paragraph (1)(A) may not be
                adjusted under paragraph (1) until such son or daughter
                establishes that he or she has been physically present
                in the United States for at least 1 year.
                    (B) Short absences.--An alien shall not be
                considered to have failed to maintain continuous
                physical presence in the United States under
                subparagraph (A) by reason of an absence, or multiple
                absences, from the United States for any period or
                periods that do not exceed, in the aggregate, 180 days.
            (3) Waiver.--In determining eligibility and admissibility
        under paragraph (1)(C), the grounds for inadmissibility under
        paragraphs (4), (5), (6), (7)(A), and (9) of section 212(a) of
        the Immigration and Nationality Act (8 U.S.C. 1182(a)) shall
        not apply.
    (e) Availability of Administrative Review.--The Secretary of
Homeland Security shall provide applicants for adjustment of status
under subsection (a) the same right to, and procedures for,
administrative review as are provided to--
            (1) applicants for adjustment of status under section 245
        of the Immigration and Nationality Act 19 (8 U.S.C. 1255); or
            (2) aliens who are subject to removal proceedings under
        section 240 of such Act (8 U.S.C. 1229a).
    (f) Exceptions to Numerical Limitations.--The numerical limitations
set forth in sections 201 and 202 of the Immigration and Nationality
Act (8 U.S.C. 1151 and 1152) shall not apply to aliens whose status is
adjusted pursuant to subsection (a).

SEC. 3. ADDITIONAL REPORTING REQUIREMENTS REGARDING FUTURE DISCONTINUED
              ELIGIBILITY OF ALIENS FROM COUNTRIES CURRENTLY LISTED
              UNDER TEMPORARY PROTECTED STATUS.

    Section 244(b)(3) of the Immigration and Nationality Act (8 U.S.C.
1254a(b)(3)) is amended--
            (1) in subparagraph (A)--
                    (A) by striking ``the Attorney General'' and
                inserting ``, the Secretary of Homeland Security'';
                    (B) by inserting ``(including a recommendation from
                the Secretary of State that is received by the
                Secretary of Homeland Security not later than 90 days
                before the end of such period of designation)'' after
                ``Government''; and
                    (C) by striking ``The Attorney General'' and
                inserting ``The Secretary''; and
            (2) in subparagraph (B)--
                    (A) by striking ``If the Attorney General'' and
                inserting the following:
                            ``(i) In general.--If the Secretary of
                        Homeland Security'';
                    (B) in clause (i), as redesignated, by striking
                ``Attorney General'' and inserting ``Secretary''; and
                    (C) by adding at the end the following:
                            ``(ii) Report.--Not later than 3 days after
                        the publication of the Secretary's
                        determination in the Federal Register that a
                        country's designation under paragraph (1) is
                        being terminated, the Secretary shall submit a
                        report to the Committee on the Judiciary of the
                        Senate and the Committee on the Judiciary of
                        the House of Representatives that shall
                        include--
                                    ``(I) an explanation of the event
                                or events that initially prompted such
                                country's designation under paragraph
                                (1);
                                    ``(II) the progress the country has
                                made in remedying the designation under
                                paragraph (1), including any
                                significant challenges or shortcomings
                                that have not been addressed since the
                                initial designation;
                                    ``(III) a statement indicating
                                whether the country has requested a
                                designation under paragraph (1), a
                                redesignation under such paragraph, or
                                an extension of such designation; and
                                    ``(IV) an analysis, with applicable
                                and relevant metrics, as determined by
                                the Secretary, of the country's ability
                                to repatriate its nationals,
                                including--
                                            ``(aa) the country's
                                        financial ability to provide
                                        for its repatriated citizens;
                                            ``(bb) the country's
                                        financial ability to address
                                        the initial designation under
                                        paragraph (1) without foreign
                                        assistance;
                                            ``(cc) the country's gross
                                        domestic product and per capita
                                        gross domestic product per
                                        capita;
                                            ``(dd) an analysis of the
                                        country's political stability
                                        and its ability to be
                                        economically self-sufficient
                                        without foreign assistance;
                                            ``(ee) the economic and
                                        social impact repatriation of
                                        nationals in possession of
                                        temporary protected status
                                        would have on the recipient
                                        country; and
                                            ``(ff) any additional
                                        metrics the Secretary considers
                                        necessary.''.

SEC. 4. OTHER MATTERS.

    (a) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this Act, the definitions
in the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) shall
apply in this Act.
    (b) Savings Provision.--Nothing in this Act may be construed to
repeal, amend, alter, modify, effect, or restrict the powers, duties,
functions, or authority of the Secretary of Homeland Security in the
administration and enforcement of the immigration laws.
    (c) Eligibility for Other Immigration Benefits.--An alien who is
eligible to be granted the status of an alien lawfully admitted for
permanent residence under section 2 may not be precluded from seeking
such status under any other provision of law for which the alien may
otherwise be eligible.

Output: Safe Environment from Countries Under Repression and Emergency Act or the SECURE Act This bill permits a qualifying alien who is not inadmissible or deportable under certain criminal or security grounds or who did not participate in persecution to apply for adjustment to lawful permanent resident status if such alien: (1) is in temporary protected status (TPS), (2) held TPS status, (3) qualified for TSP status at the time of the Department of Homeland Security's (DHS) last TPS designation, or (4) is a national of a foreign country that was at any time a TPS-designated country. TPS designation permits eligible nationals of designated counties affected by armed conflict or natural disasters to temporarily reside and work in the United States.  An alien who has applied for status adjustment may work while the application is pending.  The spouse, domestic partner, child, or unmarried son or daughter of an alien who has adjusted to lawful permanent resident status may also adjust to such status subject to certain conditions. An unmarried son or daughter must additionally establish physical presence in the United States for at least one year. An alien subject to a final order of removal may not be removed if the alien has a pending status adjustment application or is prima facie eligible to file an application and indicates an intention to do so. An alien who raises the defense of status adjustment eligibility may not be removed unless DHS has already denied the alien's application.


Input:
SECTION 1. SHORT TITLE.

     This Act may be cited as the ``Broad-Based Stock Option Plan
Transparency Act of 2003.''

SEC. 2. CONGRESSIONAL FINDINGS.

     Congress finds the following:
            (1) Innovation and entrepreneurship, particularly in the
        high technology industry, helped propel the economic growth of
        the 1990s, and will continue to be the essential building
        blocks of economic growth in the 21st century.
            (2) Broad-based employee stock option plans enable
        entrepreneurs and corporations to attract quality workers, to
        incentivize worker innovation, and to stimulate productivity,
        which in turn increase shareholder value.
            (3) Broad-based employee stock options plans that expand
        corporate ownership to rank-and-file employees spur capital
        formation, benefit workers, and improve corporate performance
        to the benefit of investors and the economy.
            (4) Concerns raised about the impact of employee stock
        option plans on shareholder value raise legitimate issues
        relevant to the current level of disclosure and transparency of
        those plans to current and potential investors.
            (5) Investors deserve to have accurate, reliable, and
        meaningful information about the existence of outstanding
        employee stock options and their impact on the share value of a
        going concern.

SEC. 3. IMPROVED EMPLOYEE STOCK OPTION TRANSPARENCY AND REPORTING
              DISCLOSURES.

    (a) Enhanced Disclosures Required.-- Not later than 180 days after
the enactment of this Act, the Securities and Exchange Commission
(hereafter referred to as the ``Commission'') shall, by rule, require,
for each company filing periodic reports under section 13(a) or 15(d)
of the Securities Exchange Act of 1934 (15 U.S.C. 78m, 78o(d)), that
such reports include more detailed information regarding stock option
plans, stock purchase plans, and other arrangements involving an
employee acquisition of an equity interest in the company, particularly
with respect to the dilutive effect of such plans, including--
            (1) a discussion, written in ``plain English'' (in
        accordance with the Plain English Handbook published by the
        Office of Investor Education and Assistance of the Commission),
        of the dilutive effect of stock option plans, including tables
        or graphic illustrations of such dilutive effects;
            (2) expanded disclosure of the dilutive effect of employee
        stock options on the company's earnings per share number;
            (3) prominent placement and increased comparability of all
        stock option related information; and
            (4) a summary of the stock options granted to the 5 most
        highly compensated executive officers of the company, including
        any outstanding stock options of those officers.
    (b) Equity Interest.--As used in this section, the term ``equity
interest'' includes common stock, preferred stock, stock appreciation
rights, phantom stock, and any other security that replicates the
investment characteristics of such securities, and any right or option
to acquire any such security.

SEC. 4. EVALUATION OF EMPLOYEE STOCK OPTION PLANS TRANSPARENCY AND
              REPORTING DISCLOSURES AND REPORT TO CONGRESS.

    (a) Study and Report.--The Commission shall examine the
effectiveness of the enhanced disclosures required in Section 3 in
increasing transparency to current and potential investors during the
3-year period following the issuance of a final rule pursuant to
section 3(a). Not later than 180 days after the end of such 3-year
period, the Commission shall transmit a report to the Committee on
Financial Services of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
    (b) Moratorium on New Accounting Standards Related to Stock
Options.--Beginning on the date of enactment of this Act and continuing
until the transmission of the report required under subsection (a), the
Commission shall not recognize as generally accepted accounting
principles any new accounting standards related to the treatment of
stock options.

SEC. 5. STUDY ON THE ECONOMIC IMPACT OF BROAD-BASED EMPLOYEE STOCK
              OPTION PLANS AND REPORT TO CONGRESS.

    (a) Study.--The Secretary of Commerce shall conduct a study and
analysis of broad-based employee stock option plans, particularly in
the high technology and any other high growth industries. Such study
and analysis shall include an examination of the following issues:
            (1) The impact of such plans on expanding employee
        corporate ownership to workers at a wide-range of income
        levels, with a particular focus on rank-and-file employees.
            (2) The role of such plans in the recruitment and retention
        of skilled workers.
            (3) The role of such plans in stimulating research and
        innovation.
            (4) Their impact on the economic growth of the United
        States.
            (5) The role of such plans in strengthening the
        international competitiveness of companies organized under the
        laws of the United States.
    (b) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall submit a report and analysis of the study
required by subsection (a) to--
            (1) the Committee on Energy and Commerce and the Committee
        on Financial Services of the House of Representatives; and
            (2) the Committee on Commerce, Science, and Transportation
        and the Committee on Banking, Housing, and Urban Affairs of the
        Senate.

Output:
Broad-Based Stock Option Plan Transparency Act of 2003 - Directs the Securities and Exchange Commission (SEC) to require companies to include within certain mandatory reports details regarding stock option plans, stock purchase plans, and other arrangements involving employee acquisition of an equity interest in the company, including: (1) a discussion of the dilutive effect of stock option plans (written in accordance with the Plain English Handbook published by the Office of Investor Education and Assistance of the Commission); (2) expanded disclosure of the dilutive effect of employee stock options on the company's earnings per share number; (3) prominent placement and increased comparability of all stock option related information; and (4) a summary of stock options granted to the five most highly compensated executive officers, including outstanding stock options of those officers.

Directs the SEC to examine and report to specified congressional committees on the effectiveness of the enhanced disclosures required by this Act in increasing transparency to current and potential investors.

Prohibits the Commission, between enactment of this Act and submission of such report, from recognizing as generally accepted accounting principles any new accounting standards regarding the treatment of stock options.

Directs the Secretary of Commerce to analyze and report to specified congressional committees on broad-based employee stock option plans, particularly in the high technology and any other high growth industries.


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

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

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Medicare payment for intravenous immune globulins.
Sec. 4. Coverage and payment of intravenous immune globulin in the
                            home.
Sec. 5. Reports.
Sec. 6. Offset.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Intravenous immune globulin (IVIG) is a human blood
        plasma derived product, which over the past 25 years has become
        an invaluable therapy for many primary immunodeficiency
        diseases, as well as a number of neurological, autoimmune, and
        other chronic conditions and illnesses. For many of these
        disorders, IVIG is the most effective and viable treatment
        available, and has dramatically improved the quality of life
        for persons with these conditions and has become a life-saving
        therapy for many.
            (2) The Food and Drug Administration recognizes each IVIG
        brand as a unique biologic. The differences in basic
        fractionation and the addition of various modifications for
        further purification, stabilization, and virus inactivation/
        removal yield clearly different biological products. As a
        result, IVIG therapies are not interchangeable, with patient
        tolerance differing from one IVIG brand to another.
            (3) The report of the Office of the Assistant Secretary for
        Planning and Evaluation of the Department of Health and Human
        Services, ``Analysis of Supply, Distribution, Demand, and
        Access Issues Associated with Immune Globulin Intravenous
        (IGIV)'', that was issued in May 2007, found that IVIG
        manufacturing is complex and requires substantial up-front cash
        outlay and planning and takes between 7 and 12 months from
        plasma collection at donor centers to lot release by the Food
        and Drug Administration.
            (4) The Medicare Prescription Drug, Improvement, and
        Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2066)
        changed Medicare's reimbursement methodology for IVIG from
        average wholesale price (AWP) to average sales price plus 6
        percent (ASP+6 percent), effective January 1, 2005, for
        physicians, and January 1, 2006, for hospital outpatient
        departments, thereby reducing reimbursement rates paid to those
        providers of IVIG on behalf of Medicare beneficiaries.
            (5) An April 2007 report of the Office of Inspector General
        of the Department of Health and Human Services, ``Intravenous
        Immune Globulin: Medicare Payment and Availability'', found
        that Medicare reimbursement for IVIG was inadequate to cover
        the cost many providers must pay for the product. During the
        third quarter of 2006, 44 percent of IVIG sales to hospitals
        and 41 percent of sales to physicians by the 3 largest
        distributors occurred at prices above Medicare payment amounts.
            (6) The report of the Office of the Assistant Secretary for
        Planning and Evaluation of the Department of Health and Human
        Services, ``Analysis of Supply, Distribution, Demand, and
        Access Issues Associated with Immune Globulin Intravenous
        (IGIV)'' notes that, after the new reimbursement rules for
        physicians were instituted in 2005, 42 percent of Medicare
        beneficiaries who had received their IVIG treatment in their
        physician's office at the end of 2004 were shifted to the
        hospital outpatient setting by the beginning of 2006. This
        shift in site of care has resulted in a lack of continuity of
        care and has had an adverse impact on health outcomes and
        quality of life.
            (7) The Office of Inspector General of the Department of
        Health and Human Services also reported that 61 percent of
        responding physicians indicated that they had sent patients to
        hospitals for IVIG treatment, largely because of their
        inability to purchase IVIG at prices below the Medicare payment
        amounts. In addition, the Office of Inspector General found
        that some physicians had stopped providing IVIG to Medicare
        beneficiaries altogether.
            (8) The Office of Inspector General's 2007 report concluded
        that whatever improvement some providers saw in the
        relationship of Medicare reimbursement for IVIG to prices paid
        during the first 3 quarters of 2006 would be eroded if
        manufacturers were to increase prices for IVIG in the future.
            (9) The Centers for Medicare & Medicaid Services, in
        recognition of dislocations experienced by patients and
        providers in obtaining IVIG since the change to the ASP+6
        reimbursement methodology, has provided a temporary additional
        payment during 2006 and 2007 for IVIG preadministration-related
        services to compensate physicians and hospital outpatient
        departments for the extra resources they have had to expend in
        locating and obtaining appropriate IVIG products and in
        scheduling patient infusions.
            (10) Approximately 10,000 Medicare beneficiaries receive
        IVIG treatment for their primary immunodeficiency disease in a
        variety of different settings. Those beneficiaries have no
        other effective treatment for their condition.
            (11) The Medicare Prescription Drug, Improvement, and
        Modernization Act of 2003 established an IVIG home infusion
        benefit for persons with primary immune deficiency disease,
        paying only for IVIG and specifically excluding coverage of
        items and services related to administration of the product.
            (12) The report of the Office of the Assistant Secretary
        for Planning and Evaluation of the Department of Health and
        Human Services, ``Analysis of Supply, Distribution, Demand, and
        Access Issues Associated with Immune Globulin Intravenous
        (IGIV)'', noted that, because of limitations in the Medicare
        Prescription Drug, Improvement, and Modernization Act of 2003
        provision, Medicare's IVIG home infusion benefit is not
        designed to provide reimbursement for more than the cost of
        IVIG and does not cover the cost of infusion services (such as
        nursing and clinical services and supplies) in the home. As a
        consequence, the report found that home infusion providers
        generally do not accept new patients who have primary immune
        deficiency disease and only have Medicare coverage. These
        limitations in service are caused by health care providers--
                    (A) not being able to acquire IVIG at prices at or
                below the Medicare part B reimbursement level; and
                    (B) not being reimbursed for the infusion services
                provided by a nurse.
            (13) Access to home infusion of IVIG for patients with
        primary immune deficiency disease, who have a genetic or
        intrinsic defect in their human immune system, will reduce
        their exposure to infections at a time when their antibodies
        are compromised and will improve the quality of care and health
        of the patient.

SEC. 3. MEDICARE PAYMENT FOR INTRAVENOUS IMMUNE GLOBULINS.

    (a) In General.--Section 1842(o) of the Social Security Act (42
U.S.C. 1395u(o)) is amended--
            (1) in paragraph (1)(E)(ii), by inserting ``, plus an
        additional amount (if applicable) under paragraph (7)'' before
        the period at the end;
            (2) by redesignating paragraph (7) as paragraph (8); and
            (3) by inserting after paragraph (6) the following new
        paragraph:
            ``(7)(A) Not later than 6 months after the date of
        enactment of the Medicare IVIG Access Act of 2008, the
        Secretary shall--
                    ``(i) collect data on the differences, if any,
                between payments to physicians for intravenous immune
                globulin under paragraph (1)(E)(ii) and costs incurred
                by physicians for furnishing such products; and
                    ``(ii) review available data, including survey and
                pricing data collected by the Federal Government and
                data presented by members of the intravenous immune
                globulin community on the access of individuals
                eligible for services under this part to intravenous
                immune globulin and the differences described in clause
                (i).
            ``(B) Subject to subparagraph (C), in the case of
        intravenous immune globulin furnished on or after the date of
        enactment of this paragraph, the Secretary shall continue the
        IVIG preadministration-related services payment established
        under the final rule promulgated by the Secretary in the
        Federal Register on November 27, 2007 (72 Fed. Reg. 66254),
        until such time as the Secretary determines that payment for
        intravenous immune globulin is adequate.
            ``(C) Upon collection of data and completion of the review
        under subparagraph (A), the Secretary shall, during a 2-year
        period beginning not later than 7 months after such date of
        enactment, provide, if appropriate, to physicians furnishing
        intravenous immune globulins, a payment, in addition to the
        payment under paragraph (1)(E)(ii) and instead of the IVIG
        preadministration-related services payment under subparagraph
        (B), for all items related to the furnishing of intravenous
        immune globulin, in an amount the Secretary determines to be
        appropriate.''.
    (b) As Part of Hospital Outpatient Services.--Section 1833(t)(14)
of such Act (42 U.S.C. 1395l(t)(14)) is amended--
            (1) in subparagraph (A)(iii), by striking ``subparagraph
        (E)'' and inserting ``subparagraphs (E) and (I)''; and
            (2) by adding at the end the following new subparagraph:
                    ``(I) Additional payment for intravenous immune
                globulin.--
                            ``(i) Data collection and review.--Not
                        later than 6 months after the date of enactment
                        of the Medicare IVIG Access Act of 2008, the
                        Secretary shall--
                                    ``(I) collect data on the
                                differences, if any, between payments
                                of intravenous immune globulin under
                                subparagraph (A)(iii) and costs
                                incurred by a hospital for furnishing
                                such products; and
                                    ``(II) review available data,
                                including survey and pricing data
                                collected by the Federal Government and
                                data presented by members of the
                                intravenous immune globulin community
                                on the access of individuals eligible
                                for services under this part to
                                intravenous immune globulin and the
                                differences described in subclause (I).
                            ``(ii) Continuation of special payment
                        rule.--Subject to clause (iii), in the case of
                        intravenous immune globulin furnished on or
                        after the date of enactment of this
                        subparagraph, the Secretary shall continue the
                        IVIG preadministration-related services payment
                        established under the final rule promulgated by
                        the Secretary in the Federal Register on
                        November 27, 2007 (72 Fed. Reg. 66697), until
                        such time as the Secretary determines that
                        payment for intravenous immune globulin is
                        adequate.
                            ``(iii) Additional payment authority.--Upon
                        collection of data and completion of the review
                        under clause (i), the Secretary shall, during a
                        2-year period beginning not later than 7 months
                        after such date of enactment, provide, if
                        appropriate, to hospitals furnishing
                        intravenous immune globulin as part of a
                        covered OPD service, in addition to the payment
                        under subparagraph (A)(iii) and instead of the
                        IVIG preadministration-related services payment
                        under clause (ii), for all items related to the
                        furnishing of intravenous immune globulin, in
                        an amount the Secretary determines to be
                        appropriate.''.

SEC. 4. COVERAGE AND PAYMENT OF INTRAVENOUS IMMUNE GLOBULIN IN THE
              HOME.

    (a) In General.--Section 1861 of the Social Security Act (42 U.S.C.
1395x) is amended--
            (1) in subsection (s)(2)(Z), by inserting ``and items and
        services related to the administration of intravenous immune
        globulin'' after ``globulin''; and
            (2) in subsection (zz), by striking ``but not including
        items or services related to the administration of the
        derivative,''.
    (b) Payment for Intravenous Immune Globulin Administration in the
Home.--Section 1842(o) of the Social Security Act (42 U.S.C. 1395u(o),
as amended by section 3), is amended--
            (1) in paragraph (1)(E)(ii), by striking ``paragraph (7)''
        and inserting ``paragraph (7) or (8)'';
            (2) by redesignating paragraph ``(8)'' as paragraph
        ``(9)''; and
            (3) by inserting after paragraph (7) the following new
        paragraph:
            ``(8)(A) Subject to subparagraph (B), in the case of
        intravenous immune globulins described in section 1861(s)(2)(Z)
        that are furnished on or after January 1, 2008, the Secretary
        shall provide for a separate payment for items and services
        related to the administration of such intravenous immune
        globulins in an amount that the Secretary determines to be
        appropriate based on a review of available published and
        unpublished data and information, including the Study of
        Intravenous Immune Globulin Administration Options: Safety,
        Access, and Cost Issues conducted by the Secretary (CMS
        Contract #500-95-0059). Such payment amount may take into
        account the following:
                    ``(i) Pharmacy overhead and related expenses.
                    ``(ii) Patient service costs.
                    ``(iii) Supply costs.
            ``(B) The separate payment amount provided under this
        paragraph for intravenous immune globulins furnished in 2009 or
        a subsequent year shall be equal to the separate payment amount
        determined under this paragraph for the previous year increased
        by the percentage increase in the medical care component of the
        consumer price index for all urban consumers (United States
        city average) for the 12-month period ending with June of the
        previous year.''.

SEC. 5. REPORTS.

    (a) Report by the Secretary.--Not later than 7 months after the
date of enactment of this Act, the Secretary of Health and Human
Services (in this section referred to as the ``Secretary'') shall
submit a report to Congress on the following:
            (1) The results of the data collection and review conducted
        by the Secretary under subparagraph (A) of section 1842(o)(7)
        of the Social Security Act, as added by section 3(a), and
        clause (i) of section 1833(t)(14)(I) of such Act, as added by
        section 3(b).
            (2) Whether the Secretary plans to use the authority under
        subparagraph (C) of such section 1842(o)(7) and clause (iii) of
        such section 1833(t)(14)(I) to provide an additional payment to
        physicians furnishing intravenous immune globulins.
    (b) MedPAC Report.--Not later than 2 years after the date of
enactment of this Act, the Medicare Payment Advisory Commission shall
submit a report to the Secretary and to Congress that contains the
following:
            (1) In the case where the Secretary has used the authority
        under sections 1842(o)(7)(C) and 1833(t)(14)(I)(iii) of the
        Social Security Act, as added by subsections (a) and (b),
        respectively, of section 3 to provide an additional payment to
        physicians furnishing intravenous immune globulins during the
        preceding year, an analysis of whether beneficiary access to
        intravenous immune globulins under the Medicare program under
        title XVIII of the Social Security Act has improved as a result
        of the Secretary's use of such authority.
            (2) An analysis of the appropriateness of implementing a
        new methodology for payment for intravenous immune globulins
        under part B of title XVIII of the Social Security Act (42
        U.S.C. 1395k et seq.).
            (3) An analysis of the feasibility of reducing the lag time
        with respect to data used to determine average sales price
        under section 1847A of the Social Security Act (42 U.S.C.
        1395w-3a).
            (4) Recommendations for such legislation and administrative
        action as the Medicare Payment Advisory Commission determines
        appropriate, including recommendations for such legislation and
        administrative action as the Commission determines is necessary
        to implement any methodology analyzed under paragraph (2).

SEC. 6. OFFSET.

    Section 1861(n) of the Social Security Act (42 U.S.C. 1395x(n)) is
amended by adding at the end the following: ``Such term includes
disposable drug delivery systems, including elastomeric infusion pumps,
for the treatment of colorectal cancer.''.

Output:
Medicare IVIG Access Act of 2008 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services, upon collection of data and completion of a review, to provide, if appropriate, to physicians and hospitals furnishing intravenous immune globulins (IVIGs), an additional payment for all items related to the furnishing of IVIG in an appropriate amount.

Provides for coverage of IVIG administered in the home.

Makes disposable drug delivery systems, including elastomeric infusion pumps, for the treatment of colorectal cancer durable medical equipment for Medicare purposes.


Input:
SECTION 1. SHORT TITLE, FINDINGS, AND PURPOSE.

    (a) Short Title.--This Act may be cited as the ``Oak Park Medical
Center Property Acquisition''.
    (b) Findings.--Congress finds the following:
            (1) The Department of Commerce owns and operates about 205
        acres of property located in Boulder, Colorado (Boulder Campus
        of the Department). At this site are facilities and
        laboratories where employees of the National Institute of
        Standards and Technology (``NIST''), the National Oceanic and
        Atmospheric Administration (``NOAA''), and the National
        Telecommunications and Information Administration (``NTIA''),
        conduct research.
            (2) In reviewing its security procedures and facilities at
        the site, the Department determined that--
                    (A) the main site entrance should be moved to a
                more central location (Rayleigh Road and Broadway
                intersection); and
                    (B) a perimeter security fence should be
                constructed to enhance security.
            (3) As a result of moving this site entrance and the
        proposed perimeter fence, the Department will have to close the
        current access road to the Boulder Campus.
            (4) A parcel of land comprising about one acre, and
        contiguous to the Boulder Campus on its northern boundary line,
        is owned by Mr. Bruce Tenenbaum. Such parcel includes a 6,000
        square foot medical facility, commonly known as ``Oak Park
        Medical Center'' (referred to in this Act as the ``Center''),
        at which a number of out-patient medical services are provided
        and available to the public. Ingress and egress for the Center
        is only available from the main entrance that is currently used
        to access the Boulder Campus. As a result, the Department
        through NIST entered into an easement agreement with Mr.
        Tenenbaum to provide continued access for ingress and egress to
        the Center.
            (5) Upon the actual construction of the perimeter security
        fence and the resulting relocation of the main access to the
        Boulder Campus, NIST is obligated, pursuant to an access
        easement with the owner of the Center, to provide alternative
        and equivalent access in order to maintain ingress and egress
        to the Center. Various alternatives have been explored to
        provide such access.
            (6) Given the costs associated with the access road
        relocation alternatives, the security concerns regarding such
        alternatives, and the safety of patients requiring access from
        Broadway Avenue to the Center, NIST, the owner and the Center's
        medical tenants have not reached agreement with respect to
        alternative and equivalent access to the Center.
            (7) Given the continued impasse, the most amenable course
        of action would be for the Government to purchase the Center
        and merge the real property comprising the Center into the
        Boulder Campus.
    (c) Purpose.--The purpose of this Act is to authorize and direct
the Department to purchase the Center contiguous to the Boulder Campus
and for other purposes.

SEC. 2. AUTHORIZATION TO PURCHASE.

    (a) In General.--The Secretary of Commerce, on behalf of the United
States, is hereby authorized and directed to acquire the approximately
one acre of land and improvements thereon known as the Oak Park Medical
Center (Center) contiguous to the northeast boundary of the Department
of Commerce's Boulder campus in Boulder, Colorado, and shown on the map
entitled ``Oak Park Medical Center'' dated July, 2005.
    (b) Appraisal.--To determine the fair market value of the land and
improvements identified in subsection (a) as of July 1, 2005, the
Secretary of Commerce shall use appraisals performed in accordance with
the Uniform Appraisal Standards for Federal Land Acquisitions (December
20, 2000) and the Uniform Standards of Professional Appraisal Practice.
    (c) Sale Price, Timing and Condemnation.--
            (1) Price.--The Secretary of Commerce is authorized to
        negotiate with the owner of the Center as identified in
        subsection (a) regarding the acquisition price following the
        appraisal in subsection (b), except that the Secretary may not
        acquire such property for more than the fair market value as
        determined by the appraisal.
            (2) Timing and condemnation.--If the Secretary of Commerce
        and the owner of the Center fail to reach agreement on the sale
        price within 3 years after the completion of the appraisal in
        subsection (b), the Secretary of Commerce is authorized and
        directed to initiate condemnation proceedings to acquire the
        Center.
    (d) Incorporation, Management, and Status of Acquired Lands and
Improvements.--Land and improvements acquired by the United States in
section (a) shall become part of the Department's administrative and
research activities at its Boulder Campus and the exterior boundary of
such campus is hereby modified, without further action by the
Secretary, as necessary to incorporate the non-Federal lands comprising
the Center identified in subsection (a). Upon its acquisition, lands or
interests in land acquired under the authority of this Act shall be
administered in accordance with the laws, rules and regulations
generally applicable to lands used by the Department of Commerce as
part of its Boulder Campus.

SEC. 3. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Department.--The term ``Department'' means the
        Department of Commerce.
            (2) NIST.--The term ``NIST'' means the National Institute
        of Standards and Technology.
            (3) NOAA.--The term ``NOAA'' means the National Oceanic and
        Atmospheric Administration.
            (4) NTIA.--The term ``NTIA'' means the National
        Telecommunications Information Administration.
            (5) Secretary.--The term ``Secretary'' means the Secretary
        of Commerce.

Output: Oak Park Medical Center Property Acquisition - Authorizes and directs the Secretary of Commerce to acquire the Oak Park Medical Center, which is contiguous to the northeast boundary of the Department of Commerce's Boulder research campus in Boulder, Colorado.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``YWCA Retirement Plan Preservation
Act of 2005''.

SEC. 2. CLARIFICATION OF BENEFIT ACCRUAL STANDARDS.

    (a) Rules Relating to Reduction in Accrued Benefits Because of
Attainment of Any Age.--
            (1) Comparison to similarly situated, younger
        individuals.--
                    (A) In general.--A pension plan described in
                subsection (c) shall not be treated as failing to meet
                the requirements of section 204(b)(1)(H)(i) of the
                Employee Retirement Income Security Act of 1974 or
                section 411(b)(1)(H)(i) of the Internal Revenue Code of
                1986 if a participant's entire accrued benefit, as
                determined as of any date under the formula for
                determining benefits as set forth in the text of the
                plan documents, would be equal to or greater than that
                of any similarly situated, younger individual.
                    (B) Similarly situated individual.--For purposes of
                this paragraph, an individual is similarly situated to
                a participant if such individual is identical to such
                participant in every respect (including period of
                service, compensation, position, date of hire, work
                history, and any other respect) except for age.
                    (C) Subsidized portion of early retiremen benefit
                disregarded.--In determining the entire accrued benefit
                for purposes of this paragraph, the subsidized portion
                of any early retirement benefit (including any early
                retirement subsidy that is fully or partially included
                or reflected in an employee's opening balance or other
                transition benefits) shall be disregarded.
            (2) Treatment of interest accrued on hypothetical
        account.--A pension plan described in subsection (c) under
        which the accrued benefit payable under the plan upon
        distribution (or any portion thereof) is expressed as the
        balance of a hypothetical account maintained for the
        participant shall not be treated as failing to meet the
        requirements of section 204(b)(1)(H)(i) of the Employee
        Retirement Income Security Act of 1974 or section
        411(b)(1)(H)(i) of the Internal Revenue Code of 1986 solely
        because interest accruing on such balance is taken into
        account.
            (3) Allowable offsets.--A pension plan described in
        subsection (c) shall not be treated as failing to meet the
        requirements of section 204(b)(1)(H) of the Employee Retirement
        Income Security Act of 1974 or section 411(b)(1)(H) of the
        Internal Revenue Code of 1986 solely because the plan provides
        allowable offsets against those benefits under the plan which
        are attributable to employer contributions, based on benefits
        which are provided under title II of the Social Security Act,
        the Railroad Retirement Act of 1974, another plan described in
        section 401(a) of the Internal Revenue Code of 1986 maintained
        by the same employer, or under any retirement program for
        officers or employees of the Federal Government or of the
        government of any State or political subdivision thereof. For
        purposes of this paragraph, allowable offsets based on such
        benefits consist of offsets equal to all or part of the actual
        benefit payment amounts, reasonable projections or estimations
        of such benefit payment amounts, or actuarial equivalents of
        such actual benefit payment amounts, projections, or
        estimations (determined on the basis of reasonable actuarial
        assumptions).
            (4) Compliance with rules permitting disparity in plan
        contributions or benefits.--A pension plan described in
        subsection (c) shall not be treated as failing to meet the
        requirements of section 204(b)(1)(H) of the Employee Retirement
        Income Security Act of 1974 or section 411(b)(1)(H) of the
        Internal Revenue Code of 1986 solely because the plan provides
        a disparity in contributions or benefits with respect to which
        the requirements of section 401(l) of the Internal Revenue Code
        of 1986 are met.
            (5) Pre-retirement indexing.--
                    (A) In general.--A pension plan described in
                subsection (c) shall not be treated as failing to meet
                the requirements of section 204(b)(1)(H) of the
                Employee Retirement Income Security Act of 1974 or
                section 411(b)(1)(H) of the Internal Revenue Code of
                1986 solely because the plan provides for pre-
                retirement indexing of accrued benefits under the plan.
                    (B) Definition.--For purposes of this clause, the
                term ``pre-retirement indexing'' means, in connection
                with an accrued benefit, the periodic adjustment of the
                accrued benefit by means of the application of a
                recognized index or methodology so as to protect the
                economic value of the benefit against inflation prior
                to distribution.
    (b) Determinations of Accrued Benefit as Balance of Benefit
Account.--
            (1) In general.--A pension plan described in subsection (c)
        under which the accrued benefit payable under the plan upon
        distribution (or any portion thereof) is expressed as the
        balance of a hypothetical account maintained for the
        participant shall not be treated as failing to meet the
        requirements of section 203(a)(2) or 205(g) of the Employee
        Retirement Income Security Act of 1974 or section 411(a)(2) or
        417(e) of the Internal Revenue Code of 1986 solely because of
        the amount actually made available for such distribution under
        the terms of the plan, in any case in which the applicable
        interest rate that would be used under the terms of the plan to
        project the amount of the participant's account balance to
        normal retirement age is not greater than a market rate of
        return.
            (2) Regulations.--The Secretary of the Treasury may provide
        by regulation for rules governing the calculation of a market
        rate of return for purposes of paragraph (1) and for
        permissible methods of crediting interest to the account
        (including variable interest rates) resulting in effective
        rates of return meeting the requirements of paragraph (1).
    (c) Pension Plan Described.--A pension plan described in this
subsection is a defined benefit plan (as defined in section 3(35) of
the Employee Retirement Income Security Act of 1974 or section 414(j)
of the Internal Revenue Code of 1986) maintained by the Young Women's
Christian Association Retirement Fund, a corporation created by an Act
of the State of New York which became law on April 12, 1924.

SEC. 3. EFFECTIVE DATE.

    The amendments made by this Act shall apply with respect to periods
beginning before, on, or after the date of the enactment of this Act.

Output: YWCA Retirement Plan Preservation Act of 2005 - Sets forth rules for treating retirement benefits provided by the Young Women's Christian Association Retirement Fund, under benefit accrual standards of the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code, as not violating certain age discrimination rules because of specified disparities with respect to older and younger participants.