Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Academic Anesthesiology and
CRNA Payment Improvement Act of 2006''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Since 1991, the Medicare program has reduced
        reimbursements for anesthesia services provided to Medicare
        beneficiaries by 50 percent in certain instances when education
        of student nurse anesthetists or anesthesiology medical
        residents is involved, imposing financial disincentives against
        anesthesia education. These Medicare payment policies are known
        as anesthesia teaching rules.
            (2) In 2002, the Centers for Medicare & Medicaid Services
        (CMS) authorized an alternative payment system for certain
        cases involving nurse anesthesia education and subsequently for
        anesthesiology resident education, in which the agency allowed
        reimbursement for base units plus discontinuous time. However,
        the alternative has not propagated in the marketplace and CMS
        has declined to reform the anesthesia teaching rules further
        without an Act of Congress.
            (3) To ensure the access of patients to safe, high quality
        anesthesia care, society has a strong interest in providing for
        high quality anesthesia educational institutions. The
        population of the United States is aging, resulting in an
        increase in demand for health care requiring anesthesia and
        pain management services provided by anesthesiologists and
        certified registered nurse anesthetists (CRNAs).
            (4) Though the Institute of Medicine in 2000 found the
        provision of anesthesia in such year to be 50 times safer than
        the provision of anesthesia during the 20 years previous to
        such year, continued evaluation, innovation, and quality
        improvements in anesthesia are required to further enhance
        patient safety.
            (5) As of August 2006, there are 130 anesthesiology
        residency programs and 102 programs accredited by the Council
        on Accreditation of Nurse Anesthesia Educational Programs in
        the United States. Under the current payment rules under the
        Medicare program, both anesthesiology residency and nurse
        anesthesia educational programs report challenges recruiting
        and retaining faculty.
            (6) Since part B under the Medicare program provides for
        reimbursement for the services of anesthesiologists and the
        services of CRNAs, reforms to the anesthesia teaching rules
        under the Medicare program should treat teaching
        anesthesiologists and teaching CRNAs similarly with respect to
        anesthesiology medical residents and student registered nurse
        anesthetists, respectively, and should not favor one provider
        over another.

SEC. 3. PURPOSE.

    The purpose of this Act is to ensure financial stability of nurse
anesthesia and anesthesiology educational programs to provide
sufficient opportunities for student nurse anesthetists and medical
residents to pursue the specialty of anesthesia so that patients
continue to have access to quality health care.

SEC. 4. SPECIAL PAYMENT RULE FOR TEACHING ANESTHESIOLOGISTS AND
              TEACHING CERTIFIED REGISTERED NURSE ANESTHETISTS.

    (a) For Physicians' Services.--Section 1848(a) of the Social
Security Act (42 U.S.C. 1395w-4(a)) is amended--
            (1) in paragraph (4)(A), by inserting ``except as provided
        in paragraph (5)(A)'' after ``anesthesia cases,''; and
            (2) by adding at the end of paragraph (4) the following new
        paragraph:
            ``(5) Special rule for teaching anesthesiologists.--
                    ``(A) In general.--With respect to physicians'
                services furnished by a teaching anesthesiologist
                involved in the training of physician residents or
                student nurse anesthetists in a single anesthesia case
                or two concurrent anesthesia cases, notwithstanding
                paragraph (4), the fee schedule amount to be applied
                for each such case shall be the amount described in
                subparagraph (B) if both of the following conditions
                are met:
                            ``(i) The teaching anesthesiologist is
                        present during all critical or key portions of
                        the anesthesia service or case involved.
                            ``(ii) At least one of the following
                        individuals is immediately available to furnish
                        anesthesia services during the entire case:
                                    ``(I) The teaching
                                anesthesiologist.
                                    ``(II) An anesthesiologist with
                                whom the teaching anesthesiologist has
                                entered into an arrangement for such
                                purpose.
                                    ``(III) In the case of the training
                                of student nurse anesthetists, a
                                certified registered nurse anesthetist
                                with whom the teaching anesthesiologist
                                has entered into an arrangement with
                                respect to such training.
                    ``(B) Amount described.--For purposes of
                subparagraph (A), the amount described in this
                subparagraph, with respect to anesthesia services
                furnished by a teaching anesthesiologist described in
                such subparagraph, is 100 percent of the fee schedule
                amount otherwise applicable under this section if the
                anesthesia services were personally performed by the
                teaching anesthesiologist alone.
                    ``(C) Clarification for anesthesiologists who
                medically direct teaching certified registered nurse
                anesthetists.--Subparagraph (A) shall not apply in the
                case of physician services furnished by an
                anesthesiologist who medically directs a certified
                registered nurse anesthetist who is involved in the
                training of student nurse anesthetists in a single
                anesthesia case or two concurrent anesthesia cases.''.
    (b) For Services of Certified Registered Nurse Anesthetists.--
Section 1833(l) of such Act (42 U.S.C. 1395l(l)) is amended--
            (1) in paragraph (4)(B)(iii)--
                    (A) by striking ``In the case of'' and inserting
                ``(I) Subject to clause (II), in the case of'';
                    (B) by striking ``1848(a)(5)(B)'' and inserting
                ``1848(a)(4)(B)''; and
                    (C) by adding at the end the following new
                subclause:
    ``(II) Subclause (I) shall apply to a certified registered nurse
anesthetist who is medically directed or medically supervised by a
physician notwithstanding whether or not such certified registered
nurse anesthetist is involved in the training of student nurse
anesthetists in a single case or two concurrent cases.''; and
            (2) by adding at the end the following new paragraph:
    ``(7)(A) With respect to services furnished by a teaching certified
registered nurse anesthetist who is not medically directed and who is
involved in the training of student nurse anesthetists in a single
anesthesia case or two concurrent anesthesia cases, the fee schedule
amount to be applied for each such case shall be the amount described
in subparagraph (B) if both of the following conditions are met:
            ``(i) The teaching certified registered nurse anesthetist
        is present during all critical or key portions of the
        anesthesia service or case involved.
            ``(ii) The teaching certified registered nurse anesthetist
        (or other certified registered nurse anesthetist or
        anesthesiologist with whom the teaching certified registered
        nurse anesthetist has entered into an arrangement) is
        immediately available to furnish anesthesia services during the
        entire case.
    ``(B) For purposes of subparagraph (A), the amount described in
this subparagraph, with respect to services furnished by a teaching
certified registered nurse anesthetist described in such subparagraph,
is 100 percent of the fee schedule amount otherwise applicable under
this subsection if the services were personally performed by the
teaching certified registered nurse anesthetist alone.''.
    (c) Effective Date.--The amendments made by this section shall
apply to services furnished on or after January 1, 2007.

Output:
Medicare Academic Anesthesiology and CRNA Payment Improvement Act of 2006 - Amends title XVIII (Medicare) part B (Supplementary Medical Insurance Benefits for the Aged and Disabled) of the Social Security Act to set forth a special payment rule for teaching anesthesiologists (TAs) and teaching certified registered nurse anesthetists (CRNAs).

Requires payment of 100% of the fee schedule amount otherwise applicable for anesthesia services personally performed by the TA alone when the TA is training physician residents or student nurse anesthetists in a single anesthesia case or two concurrent anesthesia cases, if: (1) the TA is present during all critical or key portions of the anesthesia service or case involved; and (2) either the TA or an anesthesiologist or a CRNA with whom the TA has made special arrangements is immediately available to furnish anesthesia services during the entire case.

States that this special payment rule shall not apply in the case of physician services furnished by an anesthesiologist who medically directs a CRNA involved in the training of student nurse anesthetists in a single anesthesia case or two concurrent anesthesia cases.

Applies to a CRNA medically directed or medically supervised by a physician in the performance of anesthesia services the current fee schedule amount of one-half of the amount for a physician's medical direction of the performance of such services, regardless of whether or not the CRNA is involved in the training of student nurse anesthetists in a single case or two concurrent cases.

Requires payment, however, of 100% of the fee schedule amount otherwise applicable for anesthesia services personally performed by a teaching CRNA alone when the teaching CRNA is not medically directed but is involved in the training of student nurse anesthetists in a single anesthesia case or two concurrent anesthesia cases, if: (1) the teaching CRNA is present during all critical or key portions of the anesthesia service or case involved; and (2) the teaching CRNA (or other CRNA or anesthesiologist with whom the CRNA has made special arrangements) is immediately available to furnish anesthesia services during the entire case.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``HMO Guaranty Act of 2000''.

SEC. DEFINITIONS.

    In this Act:
            (1) Board.--The term ``Board'' means the Board of Directors
        appointed under section 3(d).
            (2) Contractual obligation.--The term ``contractual
        obligation'' means an obligation by a health maintenance
        organization, under an agreement, policy, certificate, or
        evidence of coverage involving a covered individual and the
        organization, to pay or reimburse the covered individual (or a
        health care provider who provided items or services to the
        individual) for services provided prior to the declaration of
        the insolvency of the health maintenance organization, that
        remains unpaid at the time of such insolvency. Such term does
        not include claims by former employees, including medical
        professional employees, for deferred compensation, severance,
        vacation, or other employment benefits.
            (3) Covered individual.--The term ``covered individual''
        means an enrollee or member of a health maintenance
        organization.
            (4) Guaranty fund.--The term ``Guaranty Fund'' means the
        Federal HMO Guaranty Fund established under section 3.
            (5) Health care provider.--The term ``health care
        provider'' means a physician, hospital, or other person that is
        licensed or otherwise authorized by the State to provide health
        care services, and that provided health care services to an
        enrollee of a health maintenance organization.
            (6) Health maintenance organization.--The term ``health
        maintenance organization'' has the meaning given such term by
        section 2791(b)(3) of the Public Health Service Act (42 U.S.C.
        300gg-91(b)(3)).
            (7) Health maintenance organization contract.--The term
        ``covered health maintenance organization contract'' means a
        policy, certificate, or other evidence of health care coverage
        that is issued by a health maintenance organization.
            (8) Insolvent organization.--The term ``insolvent
        organization'' means a health maintenance organization that is
        declared insolvent by court of competent jurisdiction and
        placed under the control of a State Commissioner of Insurance
        for the purpose of liquidation.
            (9) Secretary.--The term ``Secretary'' means the Secretary
        of Health and Human Services, in consultation with the
        Secretary of Labor and the Secretary of the Treasury.
            (10) State.--The term ``State'' includes each of the
        several States, the District of Columbia, the Commonwealth of
        Puerto Rico, the Northern Mariana Islands, or any agency or
        instrumentality thereof.
            (11) Uncovered expenditures.--The term ``uncovered
        expenditures'' means the expenditures for the provision of
        health care services that are the obligation of a health
        maintenance organization that have not been paid by such
        organization and for which no alternative payment arrangements
        have been made.

SEC. 3. ESTABLISHMENT OF HMO GUARANTY FUND.

    (a) In General.--There is established in the Treasury of the United
States a fund to be known as the HMO Guaranty Fund to be used as
provided for in this Act.
    (b) Amounts in Fund.--
            (1) In general.--There shall be deposited into the Guaranty
        Fund--
                    (A) amounts collected under section 5(a);
                    (B) penalties collected under section 5(b); and
                    (C) earnings on investments of monies in the
                Guaranty Fund.
            (2) Investments.--
                    (A) In general.--The Secretary of the Treasury
                shall invest amounts in the Guaranty Fund that are not
                required to meet current withdrawals. Such investments
                may be made only in interest-bearing obligations of the
                United States. For such purpose, such obligations may
                be acquired on original issue at the issue price, or by
                purchase of outstanding obligations at the market
                price.
                    (B) Availability of income.--Any interest derived
                from obligations held by the Guaranty Fund and the
                proceeds from any sale or redemption of such
                obligations, are hereby appropriated to the Fund.
    (c) Use of Guaranty Fund.--Subject to section 4, amounts in the
Guaranty Fund shall be used to make payments to a State--
            (1) to pay the outstanding health care provider claims for
        uncovered expenditures, and to fulfill contractual obligations
        to covered individuals, with respect to an insolvent health
        maintenance organization; and
            (2) to provide for a temporary continuation of health care
        coverage for covered individuals.
    (d) Board of Directors.--
            (1) In general.--The Guaranty Fund shall be administered by
        a Board of Directors to be composed of 9 individuals of which--
                    (A) three directors shall be appointed by the
                National Association of Insurance Commissioners from
                among individuals who serve as insurance regulators of
                a State;
                    (B) three directors shall be appointed by a
                national association which represents the health
                maintenance organization industry of all States (as
                determined by the Secretary) from among representatives
                of health maintenance organizations; and
                    (C) three directors shall be--
                            (i) the Secretary of the Treasury, or the
                        designee of the Secretary;
                            (ii) the Secretary of Health and Human
                        Services, or the designee of the Secretary; and
                            (iii) the Secretary of Labor, or the
                        designee of the Secretary.
            (2) Terms, vacancies.--The members of the Board shall
        establish the terms of service of the members of the Board
        appointed under subparagraphs (A) and (B) of paragraph (1). Any
        vacancy in the Board shall not affect its powers, and shall be
        filled in the same manner as the original appointment.
            (3) Compensation of members.--
                    (A) In general.--Except as provided in subparagraph
                (B), each member of the Board who is not an officer or
                employee of the Federal Government shall serve without
                compensation. All members of the Board who are officers
                or employees of the United States shall serve without
                compensation in addition to that received for their
                services as officers or employees of the United States.
                    (B) Travel expenses.--The members of the Board
                shall be allowed travel expenses, including per diem in
                lieu of subsistence, at rates authorized for employees
                of agencies under subchapter I of chapter 57 of title
                5, United States Code, while away from their homes or
                regular places of business in the performance of
                services for the Board. Such expenses shall be paid
                from the Guaranty Fund.
            (4) Voting.--Each member of the Board shall have 1 vote.
        The Board shall set policy and decide all matters by a simple
        majority of the votes cast.
            (5) Chairperson.--The Board shall elect a chairperson from
        among its members.
            (6) Meetings.--The Board shall first meet not later than 30
        days after the date on which all members are appointed under
        paragraph (1). Subsequent meetings shall be at the call of the
        chairperson. The Board may hold public hearings after giving
        proper notice.
            (7) Fiduciary duty.--With respect to the members of the
        Board that are not appointed under paragraph (1)(A), in
        carrying out the duties of the Board such members shall have a
        fiduciary duty to the Guaranty Fund that shall supersede any
        duty to an employer or other special interest that the member
        may otherwise represent.
            (8) Limitations on liability.--A member of the Board shall
        not be liable, or in any way responsible, for the obligations
        of the Guaranty Fund.
    (e) Duties.--The Board shall--
            (1) administer the Guaranty Fund;
            (2) adopt bylaws that permit the Board to enter into
        contracts to receive contributions and make distributions in
        accordance with this Act;
            (3) establish the application criteria and materials
        necessary to enable a State to submit an application to the
        Guaranty Fund;
            (4) review and make determination on applications received
        under section 4(b); and
            (5) carry out other activities in accordance with this Act.

SEC. 4. EXPENDITURES FROM THE GUARANTY FUND.

    (a) In General.--The Guaranty Fund shall be used to make payments
to a State to enable such State to pay the claims of health care
providers for health care services provided to covered individuals
prior to the declaration of insolvency of a health maintenance
organization and to provide for a temporary continuation of health care
coverage for such individuals.
    (b) Procedure.--
            (1) In general.--Upon the declaration by a court of
        competent jurisdiction that a health maintenance organization
        is insolvent, the official responsible for regulating health
        insurance in the State in which the declaration is made may
        submit an application to the Guaranty Fund for payment under
        this Act.
            (2) Contents of application.--An application submitted by a
        State under paragraph (1) shall include the following:
                    (A) Liquidation of assets and return of unused
                funds.--The application shall contain an accounting of
                amounts received (or expected to be received) as a
                result of the liquidation of the assets of the
                insolvent organization.
                    (B) Fund amount.--The application shall contain a
                request for a specific amount of funds that will be
                used for the uncovered expenditures and contractual
                obligations of an insolvent organization.
                    (C) Uncovered expenditures.--The application shall
                contain an estimate of the aggregate number of
                uncovered individuals and aggregate amount of uncovered
                expenditures with respect to the insolvent organization
                involved.
                    (D) Continuation coverage.--The application shall
                contain an estimate of the aggregate amount of funds
                needed to provide continuation coverage to uncovered
                individuals.
    (c) Consideration by Board.--Not later than 30 days after the date
on which the Guaranty Fund receives a completed application from a
State under subsection (b), the Board shall make a determination with
respect to payments to the States.
    (d) Limitation.--The aggregate amount that may be paid to a State
under this section with respect to a single uncovered individual shall
not exceed $300,000.
    (e) Use for Continuation Coverage.--
            (1) In general.--A State may use amounts provided under
        this section to provide for the continuation of health care
        coverage for an uncovered individual through a health
        maintenance organization or other health care coverage that has
        been determined appropriate by the official responsible for
        regulating health insurance in the State in collaboration with
        the Board.
            (2) Limitation.--The period of continuation coverage with
        respect to an uncovered individual under paragraph (1) shall
        terminate on the earlier of--
                    (A) the date that is 1 year after the date on which
                the health maintenance organization was declared
                insolvent; or
                    (B) or the date on which the contractual obligation
                of the health maintenance organization to the
                individual was to terminate.
    (f) Repayment of Funds.--The State shall repay to the Guaranty Fund
an amount equal to--
            (1) any amounts not utilized by the State on the date on
        which the liquidation of the insolvent organization is
        completed; and
            (2) any amounts recovered through liquidation that have not
        been accounted for in the application of the State under
        subsection (b)(2)(A).

SEC. 5. CONTRIBUTIONS TO THE GUARANTY FUND.

    (a) Assessment on Health Maintenance Organizations.--
            (1) In general.--Not later than January 1, 2001, and every
        6 months thereafter, each health maintenance organization that
        is licensed by a State to provide health care coverage shall
        pay to the Guaranty Fund an amount to be determined in
        accordance with an assessment schedule to be established by the
        Secretary not later than 180 days after the date of enactment
        of this Act.
            (2) Deferment.--The Board, after consultation with the
        official responsible for regulating health insurance in the
        State involved may exempt, abate, or defer, in whole or in
        part, the assessment of a health maintenance organization under
        paragraph (1) if the organization demonstrates that the payment
        of the assessment would endanger the ability of the
        organization to fulfill its contractual obligations or place
        the organization in an unsound financial condition.
            (3) Prohibition.--A health maintenance organization shall
        not adjust the amount of premiums paid by enrollees to account
        for the assessment paid under paragraph (1).
    (b) Failure to Pay.--A health maintenance organization that fails
to pay an assessment under subsection (a)(1) within 30 days after the
date on which such assessment was to be paid shall be subject to a
civil penalty in an amount not to exceed $1,000 per day.

SEC. 6. STATE PREEMPTION.

    (a) In General.--Nothing in this Act shall be construed to preempt
or supersede any provision of State law that establishes, implements,
or continues in effect any standard or requirement relating to health
maintenance organizations.
    (b) Definition.--In this section, the term ``State law'' means all
laws, decisions, rules, regulations or other State actions that have
the effect of law.

Output: Requires each HMO that is licensed by a State to provide health care coverage to make biannual payments to the Guaranty Fund in accordance with an assessment schedule to be established by the Secretary of Health and Human Services. Permits deferrals or exemptions if an HMO demonstrates that payment of the assessment would endanger its ability to fulfill contractual obligations or place it in an unsound financial condition. Prescribes a civil penalty for failure to pay.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans' Access to Child Care
Act''.

SEC. 2. CHILD CARE ASSISTANCE FOR VETERANS RECEIVING MENTAL HEALTH CARE
              AND OTHER INTENSIVE HEALTH CARE SERVICES PROVIDED BY THE
              DEPARTMENT OF VETERANS AFFAIRS.

    (a) In General.--Subchapter III of chapter 17 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 1730B. Child care assistance for veterans receiving mental
              health care and other intensive health care services
    ``(a) In General.--The Secretary shall provide child care
assistance to an eligible veteran for any period that the veteran--
            ``(1) receives covered health care services at a facility
        of the Department; and
            ``(2) is required travel to and return from such facility
        for the receipt of such health care services.
    ``(b) Child Care Assistance.--(1) Child care assistance provided
under this section may include any of the following:
            ``(A) A stipend for the payment of child care offered by a
        licensed child care center (either directly or through a
        voucher program) which shall be, to the extent practicable,
        modeled after the Department of Veterans Affairs Child Care
        Subsidy Program established pursuant to section 590 of title
        40.
            ``(B) Direct provision of child care at an on-site facility
        of the Department.
            ``(C) A payment made directly to a private child care
        agency.
            ``(D) A collaboration with a facility or program of another
        Federal department or agency.
            ``(E) Such other form of assistance as the Secretary
        considers appropriate.
    ``(2) In the case that child care assistance under this section is
provided as a stipend under paragraph (1)(A), such stipend shall cover
the full cost of such child care.
    ``(c) Definitions.--In this section:
            ``(1) The term `eligible veteran' means a veteran who--
                    ``(A) is the primary caretaker of a child or
                children; and
                    ``(B) is--
                            ``(i) receiving covered health care
                        services from the Department; or
                            ``(ii) in need of covered health care
                        services, and but for lack of child care
                        services, would receive such covered health
                        care services from the Department.
            ``(2) The term `covered health care services' means--
                    ``(A) regular mental health care services;
                    ``(B) intensive mental health care services; or
                    ``(C) such other intensive health care services
                that the Secretary determines that provision of
                assistance to the veteran to obtain child care would
                improve access to such health care services by the
                veteran.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1730A the following new item:

``1730B. Child care assistance for veterans receiving mental health
                            care and other intensive health care
                            services.''.

SEC. 3. EXTENSION OF REDUCTION IN AMOUNT OF PENSION FURNISHED BY
              DEPARTMENT OF VETERANS AFFAIRS FOR CERTAIN VETERANS
              COVERED BY MEDICAID PLANS FOR SERVICES FURNISHED BY
              NURSING FACILITIES.

    Section 5503(d)(7) of title 38, United States Code, is amended by
striking ``September 30, 2024'' and inserting ``September 30, 2026''.

SEC. 4. EXTENSION OF REQUIREMENT FOR COLLECTION OF FEES FOR HOUSING
              LOANS GUARANTEED BY SECRETARY OF VETERANS AFFAIRS.

    Section 3729(b)(2) of title 38, United States Code, is amended--
            (1) in subparagraph (A)--
                    (A) in clause (iii), by striking ``September 30,
                2024'' and inserting ``December 31, 2024''; and
                    (B) in clause (iv), by striking ``September 30,
                2024'' and inserting ``December 31, 2024'';
            (2) in subparagraph (B)--
                    (A) in clause (i), by striking ``September 30,
                2024'' and inserting ``December 31, 2024''; and
                    (B) in clause (ii), by striking ``September 30,
                2024'' and inserting ``December 31, 2024'';
            (3) in subparagraph (C)--
                    (A) in clause (i), by striking ``September 30,
                2024'' and inserting ``December 31, 2024''; and
                    (B) in clause (ii), by striking ``September 30,
                2024'' and inserting ``December 31, 2024''; and
            (4) in subparagraph (D)--
                    (A) in clause (i), by striking ``September 30,
                2024'' and inserting ``December 31, 2024''; and
                    (B) in clause (ii), by striking ``September 30,
                2024'' and inserting ``December 31, 2024''.

            Passed the House of Representatives July 28, 2017.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Output: Veterans' Access to Child Care Act  (Sec. 2) This bill directs the Department of Veterans Affairs (VA) to provide child care assistance to an eligible veteran for any period that the veteran: (1) receives covered health care services at a VA facility, and (2) is required to travel to and return from such facility for the receipt of such services. The bill defines: (1) "covered health care services" to mean regular mental health care services, intensive mental health care services, or such other intensive health care services to which the VA determines that provision of child care assistance would improve the veteran's access; and (2) "eligible veteran" as a veteran who is the primary caretaker of a child and who is receiving covered health care services from the VA or who is in need of, and who would receive, such services from the VA but for lack of child care. Included among child care assistance to be provided under this bill are:  a stipend for the payment of the full cost of child care offered by a licensed child care center, which shall be modeled after the VA's Child Care Subsidy Program; direct provision of child care at an on-site VA facility; a payment made directly to a private child care agency; and  collaboration with a facility or program of another federal department or agency.    (Sec. 3) The bill extends through September 30, 2026, the $90 monthly limit on a VA pension paid to veterans residing in nursing homes when their nursing costs are paid through title XIX (Medicaid) of the Social Security Act.  (Sec. 4) The bill extends through December 31, 2024, VA authority to collect funding fees for certain VA, VA-guaranteed, or VA-insured housing loans.


Input:
SECTION 1. AWARD OF PURPLE HEART TO MEMBERS OF THE ARMED FORCES KILLED
              OR WOUNDED IN TERRORIST ATTACKS WITHIN THE UNITED STATES.

    (a) Findings.--Congress makes the following findings:
            (1) The Final Report of the National Commission on
        Terrorist Attacks Upon the United States (commonly known as the
        ``9/11 Commission Report'') recognizes that there is a certain
        ideology that gives rise to terrorism.
            (2) This ideology that gives rise to terrorism can even
        influence citizens and residents of the United States to
        perpetrate attacks within the United States against members of
        the Armed Forces.
            (3) Two such attacks have already occurred within the
        United States, one at a recruiting station in Little Rock,
        Arkansas, on June 1, 2009, and one at Fort Hood, Texas, on
        November 5, 2009.
            (4) According to investigative reports released by the
        Committee on Homeland Security of the House of Representatives
        and the Committee on Homeland Security and Governmental Affairs
        of the Senate at least 33 threats, plots, and strikes related
        to domestic terrorism against United States military
        communities have been uncovered since September 11, 2001.
            (5) These threats, plots, and strikes demonstrate that
        members of the Armed Forces are at risk of terrorist attack not
        only when deployed overseas, but also while stationed within
        the United States.
            (6) The Department of Defense has recognized the threat
        posed by terrorist attacks, including those perpetrated by a
        member of the Armed Forces, by issuing revised regulations,
        including Army Regulation 381-12 regarding the Military
        Intelligence Threat Awareness and Reporting Program, to require
        reporting of potential terrorist insider threat activity,
        including when a member of the Armed Forces is ``advocating the
        use of unlawful violence or force to achieve goals that are
        political, religious, or ideological in nature''.
    (b) Sense of Congress.--It is the sense of Congress that the
Secretary of Defense (and the Secretary of Homeland Security with
respect to the Coast Guard) should duly honor those members of the
Armed Forces who are killed or wounded in terrorist attacks within the
United States that are inspired by the ideology that gives rise to
terrorism, as defined by the Final Report of the National Commission on
Terrorist Attacks Upon the United States (commonly known as the ``9/11
Commission Report'').
    (c) Award of Purple Heart.--
            (1) Award required.--Chapter 57 of title 10, United States
        Code, is amended by inserting after section 1129 the following
        new section:
``Sec. 1129a. Purple Heart: members killed or wounded by terrorist
              attacks perpetrated within the United States
    ``(a) For purposes of the award of the Purple Heart, the Secretary
concerned shall treat a member of the armed forces described in
subsection (b) in the same manner as a member who is killed or wounded
in action as the result of an act of the enemy of the United States.
    ``(b)(1) A member of the armed forces described in this subsection
is a member who the Secretary concerned determines was killed or
wounded in a terrorist attack within the United States perpetrated by
an individual or individuals expressing a political, religious, or
ideological obligation to engage in unlawful violence directed against
United States military operations or foreign policy, as described in
Army Regulation 318-12 of October 2010 regarding the Military
Intelligence Threat Awareness and Reporting Program.
    ``(2) In this subsection, the term `terrorist attack' means the
calculated use of violence or threat of violence to inculcate fear
intended to coerce or to intimidate governments or societies in the
pursuit of goals that are generally political, religious, or
ideological, as described in the Army Regulation referred to in
paragraph (1).
    ``(3) In implementing this section, the Secretary concerned shall
make no distinction between `international terrorism' and `domestic
terrorism', as those terms are defined in section 2331 of title 18.
    ``(4) If a terrorist attack referred to in paragraph (1) includes,
as victims, members of more than one armed force, the determination
required by such paragraph shall be made jointly by the Secretaries of
the armed forces concerned.
    ``(c) Subsection (a) shall not apply to a member of the armed
forces whose death or wound is the result of the willful misconduct of
the member.
    ``(d) Nothing in this section shall be interpreted--
            ``(1) to affect the designation of any individual alleged
        to have perpetrated an attack referred to in subsection (b)(1)
        as an enemy combatant for any purposes under law; or
            ``(2) to preempt or otherwise affect any legal proceedings
        relating to such an attack.''.
            (2) Clerical amendment.--The table of sections at the
        beginning of chapter 57 of such title is amended by inserting
        after the item relating of section 1129 the following new item:

``1129a. Purple Heart: members killed or wounded by terrorist attacks
                            perpetrated within the United States.''.
            (3) Retroactive effective date and application.--
                    (A) Effective date.--The amendments made by this
                subsection shall take effect as of January 1, 2009.
                    (B) Review of certain previous incidents.--The
                Secretaries of the military departments (and the
                Secretary of Homeland Security with respect to the
                Coast Guard) shall undertake a review of each death or
                wounding of a member of the Armed Forces that occurred
                within the United States between January 1, 2009, and
                the date of the enactment of this Act under
                circumstances that could qualify the death or wounding
                as being the result of a terrorist attack within the
                United States to determine whether the death or
                wounding does qualify as a death or wounding resulting
                from a terrorist attack within the United States for
                purposes of section 1129a of title 10, United States
                Code, as added by this subsection.
                    (C) Actions following review.--If the death or
                wounding of a member of the Armed Forces reviewed under
                subparagraph (B) is determined to qualify as a death or
                wounding resulting from a terrorist attack within the
                United States for purposes of such section 1129a, the
                Secretary of the military department concerned (or the
                Secretary of Homeland Security with respect to a member
                of the Coast Guard) shall take appropriate action under
                such section to award the Purple Heart to the member.

Output:
Expresses the sense of Congress that the Secretary of Defense (DOD), and the Secretary of Homeland Security (DHS) with respect to the Coast Guard, should duly honor those members of the Armed Forces who are killed or wounded in the United States in terrorist attacks that are inspired by the ideology that gives rise to terrorism, as defined by the Final Report of the National Commission on Terrorist Attacks Upon the United States.

Provides that, for purposes of awarding the Purple Heart, the Secretary of the military department concerned shall treat a member of the Armed Forces who is killed or wounded in a terrorist attack within the United States in the same manner as a member killed or wounded in action due to an act of an enemy of the United States.

 Makes this Act effective as of January 1, 2009.

Directs the Secretaries concerned to: (1) review each death or wounding of a member within the United States between January 1, 2009, and the date of enactment of this Act to determine whether such death or wounding qualifies as a death or wounding resulting from a terrorist attack for purposes of this Act; and (2) upon a positive determination, take appropriate action.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Flint Hills Preservation Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The Flint Hills Region of Kansas and Oklahoma contains
        the world's largest share of the remaining tallgrass prairie,
        and is the only place where that habitat is in landscape
        proportions. Only 4 percent of North America's presettlement
        tallgrass prairie survives to this day, and 80 percent is
        located in Kansas.
            (2) The Flint Hills Region is also home to certain
        declining avian species such as the greater prairie chicken and
        Henslow's sparrow that cannot continue to exist without large
        expanses of native tallgrass prairie in an original state.
        Further, it is a significant corridor for migrating shorebirds
        such as the American golden plover, the buff-breasted sand-
        piper, and the upland sandpiper.
            (3) Beginning in the mid-19th century, cattlemen understood
        that the richness of the Flint Hills grasses depended on a good
        spring burn--something they learned from the Native Americans.
        Fire still thrives in the Flint Hills because the ranchers, and
        others using the land, know that the natural ecosystem depends
        on fire.
            (4) Ranchers, landowners, and conservation groups use
        prescribed burns to mimic the seasonal fires that have shaped
        the tallgrass prairie for thousands of years. Areas not burned
        for several years develop mature grasses and thicker, thatch-
        like vegetation, which habitat is preferred by invasive
        species.
            (5) The Flint Hills Region is one of the few places in the
        United States where the prevailing agricultural system works
        essentially in tandem with an ancestral native ecosystem,
        preserving most of its complexity and the dynamic processes
        that helped shape it.
            (6) Due to the uniqueness of the Flint Hills tallgrass
        prairie and the historic manner in which the tallgrass prairie
        has been managed by fire, existing prescribed burn practices
        should be allowed to continue and ambient air data resulting
        from fires used to manage the Flint Hills tallgrass prairie
        should be not be included in determinations of compliance with
        the Clean Air Act.

SEC. 3. PRESCRIBED FIRES.

    The Clean Air Act (42 U.S.C. 7401 et seq.) is amended by inserting
after section 329 the following:

``SEC. 330. PRESCRIBED FIRES IN THE FLINT HILLS REGION.

    ``(a) In General.--In determining whether, with respect to a
specific air pollutant, an exceedance or violation of a national
ambient air quality standard has occurred for purposes of this Act, a
State and the Administrator shall exclude data from a particular air
quality monitoring location if emissions from one or more prescribed
fires in the Flint Hills Region cause a concentration of the air
pollutant at the location to be in excess of the standard.
    ``(b) Specific Limitations.--If emissions data is excluded under
subsection (a) from a particular air quality monitoring station because
of emissions from one or more prescribed fires in the Flint Hills
Region--
            ``(1) the Administrator shall not, as a result of such
        emissions, find under section 113 that a State has failed to
        enforce, or that a person has violated, a State implementation
        plan (for national primary or secondary ambient air quality
        standards) under section 110; and
            ``(2) a State shall not, as a result of such emissions,
        find that a person has violated, or bring an enforcement action
        for violation of, a State implementation plan (for national
        primary or secondary ambient air quality standards) under
        section 110.
    ``(c) Prohibition Against Smoke Management Plans.--The
Administrator shall not require, and a State shall not adopt, a smoke
management plan under this Act in connection with any prescribed fire
in the Flint Hills Region.
    ``(d) Not a Stationary Source.--No building, structure, facility,
or installation may be treated as a stationary source under section 111
as a result of one or more prescribed fires in the Flint Hills Region.
    ``(e) No Title V Permit Required.--No person shall be required to
obtain or modify a permit under title V in connection with a prescribed
fire in the Flint Hills Region.
    ``(f) Definition.--In this section:
            ``(1) The term `Flint Hills Region'--
                    ``(A) means the band of hills in eastern Kansas
                that stretch into north-central Oklahoma; and
                    ``(B) includes--
                            ``(i) Butler, Chase, Chautauqua, Clay,
                        Cowley, Dickinson, Elk, Geary, Greenwood,
                        Harvey, Jackson, Lyon, Marion, Marshall,
                        Morris, Ottawa, Pottawatomie, Riley, Saline,
                        Shawnee, Wabaunsee, Washington, and Woodson
                        Counties in Kansas; and
                            ``(ii) Osage, Tulsa, and Washington
                        counties in Oklahoma.
            ``(2) The term `prescribed fire' means a fire that is set
        or managed by a person with the goal of enhancing a fire-
        dependent ecosystem or enhancing the productivity of
        agricultural grazing land, irrespective of the frequency with
        which the burn occurs.''.

Output:
Flint Hills Preservation Act - Amends the Clean Air Act to require states and the Administrator of the Environmental Protection Agency (EPA), in determining whether an exceedance or violation of a national ambient air quality standard has occurred with respect to a specific air pollutant, to exclude data from a particular air quality monitoring location if emissions from prescribed fires in the Flint Hills Region cause a concentration of the air pollutant at the location to be in excess of the standard.

Prohibits, if such emission data is excluded: (1) the Administrator from finding that a state has failed to enforce, or that a person has violated, a state implementation plan (SIP) for national primary or secondary ambient air quality standards as a result of such emissions; or (2) a state from finding that a person has violated, or from bringing an enforcement action for violation of, a SIP for such standards as a result of such emissions.

Prohibits: (1) the Administrator from requiring, or a state from adopting, a smoke management plan under such Act in connection with any prescribed fire in such region; and (2) a building, structure, facility, or installation from being treated as a stationary source under new stationary source performance standards as a result of such prescribed fires.

Provides that no person shall be required to obtain or modify an operating permit under Title V of the Clean Air Act in connection with such a prescribed fire.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Agency Anti-Lobbying Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that--
            (1) Federal agency employees have used appropriated funds
        to foster public support and opposition to legislation pending
        before the Congress;
            (2) there are conflicting interpretations of the existing
        anti-lobbying restrictions; and
            (3) the use of appropriated funds derived from tax revenues
        paid to the Treasury by all Americans to preferentially support
        or oppose pending legislation is inappropriate and improper.
    (b) Purpose.--The purpose of this Act is to establish a civil
prohibition on the expenditure of appropriated funds by Federal
agencies for lobbying purposes and to make clear that such funds may
not be used in any manner or in any amount, however small, to organize
efforts to affect the outcome of congressional action by appealing
directly or indirectly for public support.

SEC. 3. PROHIBITION ON USE OF APPROPRIATED FUNDS FOR LOBBYING BY
              FEDERAL AGENCIES.

    (a) In General.--Subchapter III of chapter 13 of title 31, United
States Code, is amended by adding at the end the following new section:
``Sec. 1354. Prohibition on lobbying by Federal agencies
    ``(a) Prohibition.--Except as provided in subsection (b), until or
unless such activity has been specifically authorized by an Act of
Congress and notwithstanding any other provision of law, no funds made
available to any Federal agency by appropriation shall be used by such
agency for any activity (including the preparation, publication,
distribution, or use of any kit, pamphlet, booklet, public
presentation, news release, radio, television, or film presentation,
video, or other written or oral statement) that is intended to promote
public support or opposition to any legislative proposal (including the
confirmation of the nomination of a public official or the ratification
of a treaty) on which congressional action is not complete.
    ``(b) Exceptions.--
            ``(1) President and vice president.--Subsection (a) shall
        not apply to the President or Vice President.
            ``(2) Congressional communications.--Subsection (a) shall
        not be construed to prevent any officer or employee of a
        Federal agency from--
                    ``(A) communicating directly to a Member of
                Congress (or to any staff of a Member or committee of
                Congress) a request for legislation or appropriations
                that such officer or employee deems necessary for the
                efficient conduct of the public business; or
                    ``(B) responding to a request for information or
                technical assistance made by a Member of Congress (or
                by any staff of a Member or committee of Congress).
            ``(3) Public communications on views of president.--
        Subsection (a) shall not be construed to prevent any Federal
        agency official whose appointment is confirmed by the Senate,
        any official in the Executive Office of the President directly
        appointed by the President or Vice President, or the head of
        any Federal agency described in subsection (d)(2), from
        communicating with the American public, through radio,
        television, or other public communication media, on the views
        of the President for or against any pending legislative
        proposal. The preceding sentence shall not permit any such
        official to delegate to another person the authority to make
        communications subject to the exemption provided by such
        sentence.
    ``(c) Comptroller General.--
            ``(1) Assistance of inspector general.--In exercising the
        authority provided in section 712, as applied to this section,
        the Comptroller General may obtain, without reimbursement from
        the Comptroller General, the assistance of the Inspector
        General within whose Federal agency activity prohibited by
        subsection (a) of this section is under review.
            ``(2) Evaluation.--One year after the date of the enactment
        of this section, the Comptroller General shall report to the
        Committee on Government Reform and Oversight of the House of
        Representatives and the Committee on Governmental Affairs of
        the Senate on the implementation of this section.
            ``(3) Annual report.--The Comptroller General shall, in the
        annual report under section 719(a), include summaries of
        investigations undertaken by the Comptroller General with
        respect to subsection (a).
    ``(d) Definition.--For purposes of this section, the term `Federal
agency' means--
            ``(1) any executive agency, within the meaning of section
        105 of title 5; and
            ``(2) any private corporation created by a law of the
        United States for which the Congress appropriates funds.''.
    (b) Conforming Amendment.--The table of sections for chapter 13 of
title 31, United States Code, is amended by inserting after the item
relating to section 1353 the following new item:

``1354. Prohibition on lobbying by Federal agencies.''.
    (c) Applicability.--The amendments made by this section shall apply
to the use of funds after the date of the enactment of this Act,
including funds appropriated or received on or before such date.

Output: Federal Agency Anti-Lobbying Act - Prohibits the use of any appropriated funds by Federal agencies for any activity that includes the preparation, publication, or distribution of any written, oral, or visual material promoting public support or opposition to any legislative proposal, including the confirmation of the nomination of a public official or ratification of a treaty on which congressional action is not complete, with the exception of:  (1) the President; (2) Vice-President; (3) specified congressional communications; and (4) public communications by any Federal agency official on the views of the President for or against any pending legislative proposal.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Public Good IRA Rollover Act of
2009''.

SEC. 2. TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT ACCOUNTS FOR
              CHARITABLE PURPOSES.

    (a) In General.--Paragraph (8) of section 408(d) of the Internal
Revenue Code of 1986 (relating to tax treatment of distributions) is
amended to read as follows:
            ``(8) Distributions for charitable purposes.--
                    ``(A) In general.--No amount shall be includible in
                gross income by reason of a qualified charitable
                distribution.
                    ``(B) Qualified charitable distribution.--For
                purposes of this paragraph, the term `qualified
                charitable distribution' means any distribution from an
                individual retirement account--
                            ``(i) which is made directly by the
                        trustee--
                                    ``(I) to an organization described
                                in section 170(c), or
                                    ``(II) to a split-interest entity,
                                and
                            ``(ii) which is made on or after the date
                        that the individual for whose benefit the
                        account is maintained has attained--
                                    ``(I) in the case of any
                                distribution described in clause
                                (i)(I), age 70\1/2\, and
                                    ``(II) in the case of any
                                distribution described in clause
                                (i)(II), age 59\1/2\.
                A distribution shall be treated as a qualified
                charitable distribution only to the extent that the
                distribution would be includible in gross income
                without regard to subparagraph (A) and, in the case of
                a distribution to a split-interest entity, only if no
                person holds an income interest in the amounts in the
                split-interest entity attributable to such distribution
                other than one or more of the following: the individual
                for whose benefit such account is maintained, the
                spouse of such individual, or any organization
                described in section 170(c).
                    ``(C) Contributions must be otherwise deductible.--
                For purposes of this paragraph--
                            ``(i) Direct contributions.--A distribution
                        to an organization described in section 170(c)
                        shall be treated as a qualified charitable
                        distribution only if a deduction for the entire
                        distribution would be allowable under section
                        170 (determined without regard to subsection
                        (b) thereof and this paragraph).
                            ``(ii) Split-interest gifts.--A
                        distribution to a split-interest entity shall
                        be treated as a qualified charitable
                        distribution only if a deduction for the entire
                        value of the interest in the distribution for
                        the use of an organization described in section
                        170(c) would be allowable under section 170
                        (determined without regard to subsection (b)
                        thereof and this paragraph).
                    ``(D) Application of section 72.--Notwithstanding
                section 72, in determining the extent to which a
                distribution is a qualified charitable distribution,
                the entire amount of the distribution shall be treated
                as includible in gross income without regard to
                subparagraph (A) to the extent that such amount does
                not exceed the aggregate amount which would have been
                so includible if all amounts in all individual
                retirement plans of the individual were distributed
                during the taxable year and all such plans were treated
                as 1 contract for purposes of determining under section
                72 the aggregate amount which would have been so
                includible. Proper adjustments shall be made in
                applying section 72 to other distributions in such
                taxable year and subsequent taxable years.
                    ``(E) Special rules for split-interest entities.--
                            ``(i) Charitable remainder trusts.--
                        Notwithstanding section 664(b), distributions
                        made from a trust described in subparagraph
                        (G)(i) shall be treated as ordinary income in
                        the hands of the beneficiary to whom is paid
                        the annuity described in section 664(d)(1)(A)
                        or the payment described in section
                        664(d)(2)(A).
                            ``(ii) Pooled income funds.--No amount
                        shall be includible in the gross income of a
                        pooled income fund (as defined in subparagraph
                        (G)(ii)) by reason of a qualified charitable
                        distribution to such fund, and all
                        distributions from the fund which are
                        attributable to qualified charitable
                        distributions shall be treated as ordinary
                        income to the beneficiary.
                            ``(iii) Charitable gift annuities.--
                        Qualified charitable distributions made for a
                        charitable gift annuity shall not be treated as
                        an investment in the contract.
                    ``(F) Denial of deduction.--Qualified charitable
                distributions shall not be taken into account in
                determining the deduction under section 170.
                    ``(G) Split-interest entity defined.--For purposes
                of this paragraph, the term `split-interest entity'
                means--
                            ``(i) a charitable remainder annuity trust
                        or a charitable remainder unitrust (as such
                        terms are defined in section 664(d)) which must
                        be funded exclusively by qualified charitable
                        distributions,
                            ``(ii) a pooled income fund (as defined in
                        section 642(c)(5)), but only if the fund
                        accounts separately for amounts attributable to
                        qualified charitable distributions, and
                            ``(iii) a charitable gift annuity (as
                        defined in section 501(m)(5)).''.
    (b) Effective Date.--The amendment made by this section shall apply
to distributions made in taxable years beginning after December 31,
2008.

Output: Public Good IRA Rollover Act of 2009 - Amends the Internal Revenue Code to revise the tax exclusion of distributions from individual retirement accounts (IRAs) for charitable purposes to: (1) make such exclusion permanent; (2) eliminate the $100,000 cap on such exclusion; (3) permit tax-free distributions from IRAs to a split-interest entity (i.e., a charitable remainder annuity or unitrust, a pooled income fund, and a charitable gift annuity); and (4) allow distributions to a split-interest entity to be made when the account beneficiary attains age 59-1/2 (otherwise, age 70-1/2 for IRA distributions to a charitable organization).


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mercury-Safe Seafood Act of 2001''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) mercury pollution from coal-fired power plants, waste
        incinerators, and other anthropogenic sources continues to
        contaminate inland waterways and territorial waters of the
        United States;
            (2) mercury accumulates in fish as methylmercury and is
        passed on to humans that eat those fish;
            (3) methylmercury is a potent neurotoxin that, even in
        small quantities--
                    (A) can cause serious damage to the human central
                nervous system and adverse effects on many other
                systems in the human body;
                    (B) is especially harmful to pregnant women and
                young children; and
                    (C) puts an estimated 60,000 newborns at risk for
                adverse neurodevelopmental effects each year in the
                United States from in utero exposure;
            (4) certain commercial seafood species can have dangerously
        high levels of methylmercury, as evidenced by Food and Drug
        Administration data acquired in the 1990's, up to the time that
        the agency discontinued domestic sampling in 1998;
            (5) the Food and Drug Administration's long-standing action
        level of 1.0 parts per million for methylmercury in fish--
                    (A) is out of date; and
                    (B) according to scientific evidence, does not
                adequately protect pregnant women and young children;
            (6) the comprehensive Mercury Study Report to Congress
        issued by the Environmental Protection Agency in December 1997
        recommended a methylmercury consumption limit of 0.1 micrograms
        per kilogram of body weight per day, which is 5 times lower
        than the Food and Drug Administration's current action level;
            (7) the report entitled ``Toxicological Effects of
        Methylmercury'', issued by the National Academy of Sciences in
        July 2000, confirmed that the Environmental Protection Agency's
        limit is ``scientifically justifiable for the protection of
        public health'';
            (8) the report entitled ``Food Safety: Federal Oversight of
        Seafood Does Not Sufficiently Protect Consumers'', issued by
        the General Accounting Office in February 2001, highlights the
        inadequacies of Food and Drug Administration guidance regarding
        methylmercury in commercial seafood;
            (9) many States have been forced to issue mercury
        advisories for inland waterways and health warnings regarding
        the fish that may be caught in those waterways; and
            (10) some States have also issued mercury advisories for
        commercial seafood.

SEC. 3. TOLERANCE FOR METHYLMERCURY IN SEAFOOD.

    Chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
341 et seq.) is amended--
            (1) in section 402(a)(2), by inserting after ``section 512;
        or'' the following: ``(D) if it is seafood that bears or
        contains methylmercury that is unsafe within the meaning of
        section 406A(a); or''; and
            (2) by inserting after section 406 the following:

``SEC. 406A. TOLERANCE FOR METHYLMERCURY IN SEAFOOD.

    ``(a) In General.--Not later than 1 year after the date of
enactment of this section, the Secretary shall by regulation establish
a tolerance for the presence of methylmercury in seafood.
    ``(b) Requirements.--The tolerance established under subsection (a)
shall--
            ``(1) be based on a scientific analysis of the health risks
        attributable to methylmercury; and
            ``(2) be set at a level for which the Secretary determines
        that there is a reasonable certainty that no harm will result
        from aggregate exposure to methylmercury in seafood, including
all anticipated dietary exposures for which there is reliable
information.
    ``(c) Seafood Deemed Unsafe.--Any seafood bearing or containing
methylmercury shall be deemed to be unsafe for purposes of section
402(a)(2)(D) unless the quantity of methylmercury is within the limits
of the tolerance.
    ``(d) Pregnant Women, Infants, and Children.--In establishing or
modifying the tolerance under subsection (a), the Secretary shall
ensure that there is a reasonable certainty that no harm will result to
pregnant women, infants, and children from aggregate exposure to
methylmercury.
    ``(e) Sampling System.--
            ``(1) In general.--Not later than 18 months after the date
        of enactment of this section, the Secretary, after consultation
        with the Secretary of Agriculture, shall establish a system for
        the collection and analysis of samples of seafood to determine
        the extent of compliance with the tolerance under subsection
        (a).
            ``(2) Monitoring.--The sampling system shall provide
        statistically valid monitoring (including market-basket
        studies) with respect to compliance with the tolerance.
            ``(3) Avoidance of duplication of effort.--To the extent
        practicable, the sampling system shall be consistent with, and
        shall be coordinated with, other seafood sampling systems that
        are in use, so as to avoid duplication of effort.
    ``(f) Public Education and Advisory System.--
            ``(1) Public education.--The Secretary, in cooperation with
        private and public organizations (including cooperative
        extension services and appropriate State entities) shall design
        and implement a national public education program regarding the
        presence of methylmercury in seafood.
            ``(2) Features.--The program shall provide--
                    ``(A) information to the public regarding--
                            ``(i) Federal standards and good practice
                        requirements; and
                            ``(ii) promotion of public awareness,
                        understanding, and acceptance of the standards
                        and requirements;
                    ``(B) information to health professionals so that
                health professionals may improve diagnosis and
                treatment of mercury-related illness and advise
                individuals whose health conditions place those
                individuals at particular risk; and
                    ``(C) such other information or advice to consumers
                and other persons as the Secretary determines will
                promote the purposes of this section.
            ``(3) Health advisories.--The Secretary, in consultation
        with the Secretary of Agriculture and the Administrator of the
        Environmental Protection Agency, shall work with the States and
        other appropriate entities to--
                    ``(A) develop and distribute regional and national
                advisories concerning the presence of methylmercury in
                seafood;
                    ``(B) develop standardized formats for written and
                broadcast advisories regarding methylmercury in
                seafood; and
                    ``(C) incorporate State and local advisories into
                the national public education program under paragraph
                (1).''.

SEC. 4. CONSIDERATION OF REPORT OF NATIONAL ACADEMY OF SCIENCES.

    In carrying out section 406A(a) of the Federal Food, Drug, and
Cosmetic Act (as added by section 3), the Secretary of Health and Human
Services, acting through the Commissioner of Food and Drugs, shall
consider the findings of the National Academy of Sciences regarding the
Environmental Protection Agency's recommended level for methylmercury
exposure and the presence of methylmercury in seafood, as such findings
are described in the report issued by the National Academy of Sciences
in July 2000.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    (a) Sampling.--There is authorized to be appropriated to carry out
sampling under section 406A(e) of the Federal Food, Drug, and Cosmetic
Act (as added by section 3) $500,000 for each of fiscal years 2002
through 2011.
    (b) Public Education and Advisory System.--There is authorized to
be appropriated to develop and implement the public education and
advisory system under section 406A(f) of the Federal Food, Drug, and
Cosmetic Act (as added by section 3) $500,000 for each of fiscal years
2002 through 2011.
    (c) State Support.--
            (1) In general.--There is authorized to be appropriated to
        support efforts of the States to sample noncommercial fish and
        inland waterways for mercury and to produce State-specific
        health advisories related to mercury $2,000,000 for each of
        fiscal years 2002 through 2011.
            (2) Equitable distribution.--The Administrator of the
        Environmental Protection Agency shall distribute amounts made
        available under paragraph (1) equitably among the States
        through programs in existence on the date of enactment of this
        Act.

SEC. 6. REPORT.

    (a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Health and Human Services,
acting through the Commissioner of Food and Drugs, shall submit to
Congress a report on the progress of the Secretary in establishing the
tolerance required by section 406A of the Federal Food, Drug, and
Cosmetic Act (as added by section 3).
    (b) Contents.--The report shall include a description of the
research that has been conducted or reviewed with respect to the
tolerance.

Output: Mercury-Safe Seafood Act of 2001 - Directs the Secretary of Health and Human Services to establish a tolerance and sampling system, and related public education and health advisory system, respecting the presence of methylmercury in seafood.Deems as unsafe any seafood not meeting such tolerance.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Police and Fire Station
Modernization Act of 2008''.

SEC. 2. POLICE AND FIRE DEPARTMENT BONDS.

    (a) In General.--Part IV of subchapter A of chapter 1 of the
Internal Revenue Code of 1986 (relating to credits against tax) is
amended by adding at the end the following new subpart:

                ``Subpart I--Qualified Tax Credit Bonds

``Sec. 54A. Credit to holders of qualified tax credit bonds.
``Sec. 54B. Police and fire department bonds.

``SEC. 54A. CREDIT TO HOLDERS OF QUALIFIED TAX CREDIT BONDS.

    ``(a) Allowance of Credit.--If a taxpayer holds a qualified tax
credit bond on one or more credit allowance dates of the bond during
any taxable year, there shall be allowed as a credit against the tax
imposed by this chapter for the taxable year an amount equal to the sum
of the credits determined under subsection (b) with respect to such
dates.
    ``(b) Amount of Credit.--
            ``(1) In general.--The amount of the credit determined
        under this subsection with respect to any credit allowance date
        for a qualified tax credit bond is 25 percent of the annual
        credit determined with respect to such bond.
            ``(2) Annual credit.--The annual credit determined with
        respect to any qualified tax credit bond is the product of--
                    ``(A) the applicable credit rate, multiplied by
                    ``(B) the outstanding face amount of the bond.
            ``(3) Applicable credit rate.--For purposes of paragraph
        (2), the applicable credit rate is the rate which the Secretary
        estimates will permit the issuance of qualified tax credit
        bonds with a specified maturity or redemption date without
        discount and without interest cost to the qualified issuer. The
        applicable credit rate with respect to any qualified tax credit
        bond shall be determined as of the first day on which there is
        a binding, written contract for the sale or exchange of the
        bond.
            ``(4) Special rule for issuance and redemption.--In the
        case of a bond which is issued during the 3-month period ending
        on a credit allowance date, the amount of the credit determined
        under this subsection with respect to such credit allowance
        date shall be a ratable portion of the credit otherwise
        determined based on the portion of the 3-month period during
        which the bond is outstanding. A similar rule shall apply when
        the bond is redeemed or matures.
    ``(c) Limitation Based on Amount of Tax.--
            ``(1) In general.--The credit allowed under subsection (a)
        for any taxable year shall not exceed the excess of--
                    ``(A) the sum of the regular tax liability (as
                defined in section 26(b)) plus the tax imposed by
                section 55, over
                    ``(B) the sum of the credits allowable under this
                part (other than subpart C and this subpart).
            ``(2) Carryover of unused credit.--If the credit allowable
        under subsection (a) exceeds the limitation imposed by
        paragraph (1) for such taxable year, such excess shall be
        carried to the succeeding taxable year and added to the credit
        allowable under subsection (a) for such taxable year
        (determined before the application of paragraph (1) for such
        succeeding taxable year).
    ``(d) Qualified Tax Credit Bond.--For purposes of this section--
            ``(1) Qualified tax credit bond.--The term `qualified tax
        credit bond' means a police and fire department bond which is
        part of an issue that meets the requirements of paragraphs (2),
        (3), (4), and (5).
            ``(2) Special rules relating to expenditures.--
                    ``(A) In general.--An issue shall be treated as
                meeting the requirements of this paragraph if, as of
                the date of issuance, the issuer reasonably expects--
                            ``(i) 100 percent or more of the available
                        project proceeds to be spent for 1 or more
                        qualified purposes within the 3-year period
                        beginning on such date of issuance, and
                            ``(ii) a binding commitment with a third
                        party to spend at least 10 percent of such
                        available project proceeds will be incurred
                        within the 6-month period beginning on such
                        date of issuance.
                    ``(B) Failure to spend required amount of bond
                proceeds within 3 years.--
                            ``(i) In general.--To the extent that less
                        than 100 percent of the available project
                        proceeds of the issue are expended by the close
                        of the expenditure period for 1 or more
                        qualified purposes, the issuer shall redeem all
                        of the nonqualified bonds within 90 days after
                        the end of such period. For purposes of this
                        paragraph, the amount of the nonqualified bonds
                        required to be redeemed shall be determined in
                        the same manner as under section 142.
                            ``(ii) Expenditure period.--For purposes of
                        this subpart, the term `expenditure period'
                        means, with respect to any issue, the 3-year
                        period beginning on the date of issuance. Such
                        term shall include any extension of such period
                        under clause (iii).
                            ``(iii) Extension of period.--Upon
                        submission of a request prior to the expiration
                        of the expenditure period (determined without
                        regard to any extension under this clause), the
                        Secretary may extend such period if the issuer
                        establishes that the failure to expend the
                        proceeds within the original expenditure period
                        is due to reasonable cause and the expenditures
                        for qualified purposes will continue to proceed
                        with due diligence.
                    ``(C) Qualified purpose.--For purposes of this
                paragraph, the term `qualified purpose' means a purpose
                specified in section 54B(a)(1).
                    ``(D) Reimbursement.--For purposes of this
                subtitle, available project proceeds of an issue shall
                be treated as spent for a qualified purpose if such
                proceeds are used to reimburse the issuer for amounts
                paid for a qualified purpose after the date that the
                Secretary makes an allocation of bond limitation with
                respect to such issue, but only if--
                            ``(i) prior to the payment of the original
                        expenditure, the issuer declared its intent to
                        reimburse such expenditure with the proceeds of
                        a qualified tax credit bond,
                            ``(ii) not later than 60 days after payment
                        of the original expenditure, the issuer adopts
                        an official intent to reimburse the original
                        expenditure with such proceeds, and
                            ``(iii) the reimbursement is made not later
                        than 18 months after the date the original
                        expenditure is paid.
            ``(3) Reporting.--An issue shall be treated as meeting the
        requirements of this paragraph if the issuer of qualified tax
        credit bonds submits reports similar to the reports required
        under section 149(e).
            ``(4) Special rules relating to arbitrage.--
                    ``(A) In general.--An issue shall be treated as
                meeting the requirements of this paragraph if the
                issuer satisfies the requirements of section 148 with
                respect to the proceeds of the issue.
                    ``(B) Special rule for investments during
                expenditure period.--An issue shall not be treated as
                failing to meet the requirements of subparagraph (A) by
                reason of any investment of available project proceeds
                during the expenditure period.
                    ``(C) Special rule for reserve funds.--An issue
                shall not be treated as failing to meet the
                requirements of subparagraph (A) by reason of any fund
                which is expected to be used to repay such issue if--
                            ``(i) such fund is funded at a rate not
                        more rapid than equal annual installments,
                            ``(ii) such fund is funded in a manner
                        reasonably expected to result in an amount not
                        greater than an amount necessary to repay the
                        issue, and
                            ``(iii) the yield on such fund is not
                        greater than the discount rate determined under
                        paragraph (5)(B) with respect to the issue.
            ``(5) Maturity limitation.--
                    ``(A) In general.--An issue shall not be treated as
                meeting the requirements of this paragraph if the
                maturity of any bond which is part of such issue
                exceeds the maximum term determined by the Secretary
                under subparagraph (B).
                    ``(B) Maximum term.--During each calendar month,
                the Secretary shall determine the maximum term
                permitted under this paragraph for bonds issued during
                the following calendar month. Such maximum term shall
                be the term which the Secretary estimates will result
                in the present value of the obligation to repay the
                principal on the bond being equal to 50 percent of the
                face amount of such bond. Such present value shall be
                determined using as a discount rate the average annual
                interest rate of tax-exempt obligations having a term
                of 10 years or more which are issued during the month.
                If the term as so determined is not a multiple of a
                whole year, such term shall be rounded to the next
                highest whole year.
    ``(e) Other Definitions.--For purposes of this subchapter--
            ``(1) Credit allowance date.--The term `credit allowance
        date' means--
                    ``(A) March 15,
                    ``(B) June 15,
                    ``(C) September 15, and
                    ``(D) December 15.
        Such term includes the last day on which the bond is
        outstanding.
            ``(2) Bond.--The term `bond' includes any obligation.
            ``(3) State.--The term `State' includes the District of
        Columbia and any possession of the United States.
            ``(4) Available project proceeds.--The term `available
        project proceeds' means--
                    ``(A) the excess of--
                            ``(i) the proceeds from the sale of an
                        issue, over
                            ``(ii) the issuance costs financed by the
                        issue (to the extent that such costs do not
                        exceed 2 percent of such proceeds), and
                    ``(B) the proceeds from any investment of the
                excess described in subparagraph (A).
    ``(f) Credit Treated as Interest.--For purposes of this subtitle,
the credit determined under subsection (a) shall be treated as interest
which is includible in gross income.
    ``(g) S Corporations and Partnerships.--In the case of a tax credit
bond held by an S corporation or partnership, the allocation of the
credit allowed by this section to the shareholders of such corporation
or partners of such partnership shall be treated as a distribution.
    ``(h) Bonds Held by Regulated Investment Companies and Real Estate
Investment Trusts.--If any qualified tax credit bond is held by a
regulated investment company or a real estate investment trust, the
credit determined under subsection (a) shall be allowed to shareholders
of such company or beneficiaries of such trust (and any gross income
included under subsection (f) with respect to such credit shall be
treated as distributed to such shareholders or beneficiaries) under
procedures prescribed by the Secretary.
    ``(i) Credits May Be Stripped.--Under regulations prescribed by the
Secretary--
            ``(1) In general.--There may be a separation (including at
        issuance) of the ownership of a qualified tax credit bond and
        the entitlement to the credit under this section with respect
        to such bond. In case of any such separation, the credit under
        this section shall be allowed to the person who on the credit
        allowance date holds the instrument evidencing the entitlement
        to the credit and not to the holder of the bond.
            ``(2) Certain rules to apply.--In the case of a separation
        described in paragraph (1), the rules of section 1286 shall
        apply to the qualified tax credit bond as if it were a stripped
        bond and to the credit under this section as if it were a
        stripped coupon.
    ``(j) Termination.--This section shall not apply to bonds issued
after December 31, 2014.

``SEC. 54B. POLICE AND FIRE DEPARTMENT BONDS.

    ``(a) In General.--For purposes of this subpart, the term `police
and fire department bond' means any bond issued as part of an issue
if--
            ``(1) 100 percent of the available project proceeds of such
        issue are to be used for capital expenditures incurred by a
        State or local government for one or more police or fire
        departments of the State or local government (as the case may
        be),
            ``(2) the bond is issued by a State or local government,
        and
            ``(3) the issuer designates such bond for purposes of this
        section.
    ``(b) Limitation on Amount of Bonds Designated.--The maximum
aggregate face amount of bonds which may be designated under subsection
(a) by any issuer shall not exceed the limitation amount allocated to
such issuer under subsection (d).
    ``(c) National Limitation on Amount of Bonds Designated.--There is
a national police and fire department bond limitation of
$3,000,000,000.
    ``(d) Allocations.--
            ``(1) In general.--The limitation applicable under
        subsection (c) shall be allocated by the Secretary among the
        States in proportion to the population of the States.
            ``(2) Allocations to largest local governments.--
                    ``(A) In general.--In the case of any State in
                which there is a large local government, each such
                local government shall be allocated a portion of such
                State's allocation which bears the same ratio to the
                State's allocation (determined without regard to this
                subparagraph) as the population of such large local
                government bears to the population of such State.
                    ``(B) Allocation of unused limitation to state.--
                The amount allocated under this subsection to a large
                local government may be reallocated by such local
                government to the State in which such local government
                is located.
                    ``(C) Large local government.--For purposes of this
                section, the term `large local government' means any
                municipality or county if such municipality or county
                has a population of 500,000 or more.
    ``(e) Population.--
            ``(1) In general.--The population of any State or local
        government shall be determined for purposes of this section as
        provided in section 146(j) for the calendar year which includes
        the date of the enactment of this section.
            ``(2) Special rule for counties.--In determining the
        population of any county for purposes of this section, any
        population of such county which is taken into account in
        determining the population of any municipality which is a large
        local government shall not be taken into account in determining
        the population of such county.''.
    (b) Reporting.--Subsection (d) of section 6049 of such Code
(relating to returns regarding payments of interest) is amended by
adding at the end the following new paragraph:
            ``(9) Reporting of credit on qualified tax credit bonds.--
                    ``(A) In general.--For purposes of subsection (a),
                the term `interest' includes amounts includible in
                gross income under section 54A and such amounts shall
                be treated as paid on the credit allowance date (as
                defined in section 54A(e)(1)).
                    ``(B) Reporting to corporations, etc.--Except as
                otherwise provided in regulations, in the case of any
                interest described in subparagraph (A) of this
                paragraph, subsection (b)(4) of this section shall be
                applied without regard to subparagraphs (A), (H), (I),
                (J), (K), and (L)(i).
                    ``(C) Regulatory authority.--The Secretary may
                prescribe such regulations as are necessary or
                appropriate to carry out the purposes of this
                paragraph, including regulations which require more
                frequent or more detailed reporting.''.
    (c) Conforming Amendments.--
            (1) Sections 54(c)(2) and 1400N(l)(3)(B) of such Code are
        each amended by striking ``subpart C'' and inserting ``subparts
        C and I''.
            (2) Section 1397E(c)(2) of such Code is amended by striking
        ``subpart H'' and inserting ``subparts H and I''.
            (3) Section 6401(b)(1) of such Code is amended by striking
        ``and H'' and inserting ``H, and I''.
            (4) The table of subparts for part IV of subchapter A of
        chapter 1 of such Code is amended by inserting after the item
        relating to subpart H the following new item:

              ``subpart i. qualified tax credit bonds.''.

    (d) Effective Date.--The amendments made by this section shall
apply to obligations issued after December 31, 2008.

SEC. 3. APPLICATION OF CERTAIN LABOR STANDARDS ON PROJECTS FINANCED
              UNDER TAX CREDIT BONDS.

    Subchapter IV of chapter 31 of title 40, United States Code, shall
apply to projects financed with the proceeds of any tax credit bond (as
defined in section 54A of the Internal Revenue Code of 1986).

Output: Police and Fire Station Modernization Act of 2008 - Amends the Internal Revenue Code to allow a tax credit for investment in bonds to finance capital expenditures for state and local police or fire departments. Terminates such credit after 2014.