Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Consumer and Community Choice in
Access Act of 1999''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) As cable, telecommunications and Internet lines of
        business merge, cable operators are upgrading their cable
        systems to offer 2-way communications on their cable networks,
        including high-speed broadband access to the Internet.
            (2) Upgraded cable systems are now offering Internet access
        up to 1,000 times faster than traditional phone lines, and up
        to 100 times faster than integrated services digital network
        (``ISDN'') lines.
            (3) Some cable operators are requiring their customers to
        obtain broadband access only through their affiliated Internet
        service provider (``ISP'').
            (4) Citizens who need or desire Internet access through the
        significantly faster cable network, but who choose not to use
        the cable operators' affiliated ISP must pay twice (once to the
        cable operator's ISP, once to their own ISP), in order to
        access the ISP of their choice.
            (5) Some in the cable industry, utilizing both their
        affiliated ISP and considerable market power, will not allow
        open and direct access to unaffiliated ISPs and their customers
        via the broadband cable platform.
            (6) The initial design of broadband cable modem Internet
        access has also created technological barriers to open access
        that need to be addressed.
            (7) In their federally recognized roles as local cable
        franchising authorities, local communities across the country
        are now confronted with the question of whether to allow their
        cable operators to restrict unaffiliated ISP from gaining
        direct, open access to their customers on the regulated cable
        network. In Oregon, the city of Portland and Multnomah County
        have already faced this situation, and decided that the public
        interest requires open access. This decision has been upheld by
        a Federal court.
            (8) However, some have expressed concern that allowing
        localities the ability to promote competition by requiring open
        access will delay the deployment of cable broadband Internet
        access services.
            (9) Local jurisdictions that choose to impose a
        procompetitive open access requirement serve the important
        public purpose of serving as ``laboratories'' for field trials
        to develop true competition on the cable Internet gateway.
            (10) Clearly, the possible development of a monopoly
        bottleneck to high-speed Internet access is a critical public
        policy issue that Congress, the Federal Communications
        Commission, and local franchising authorities need to address.

SEC. 3. NONDISCRIMINATORY REQUIREMENTS FOR INTERCONNECTION TO THE
              INTERNET.

    (a) Reallocation of Authority.--Section 624 of the Communications
Act of 1934 (47 U.S.C. 544) is amended--
            (1) in subsection (b)(1), by striking ``or other
        information services''; and
            (2) by adding at the end the following new subsection:
    ``(j) Internet Access.--The Commission may require cable operators
that provide interconnection, using cable system facilities, with the
Internet to offer such interconnection on terms and conditions that are
fair, reasonable, and nondiscriminatory. Such requirements shall
include the obligation to provide direct or indirect interconnection
with the facilities and equipment of any Internet service provider on
terms and conditions that are functionally and economically equivalent
to the interconnection provided to any other Internet service provider,
whether or not affiliated with the cable operator. If the Commission
determines, after notice and comment, that a cable operator is not
complying with such obligation, the Commission may establish the terms
and conditions of such interconnection.''.

SEC. 4. LEASED ACCESS AMENDMENT.

    Section 612 of the Communications Act of 1934 (47 U.S.C. 532) is
amended--
            (1) in subsection (b)(5), by inserting ``or other cable
        service'' after ``provision of video programming'';
            (2) in subsection (c)(2), by inserting ``or other cable
        service'' after ``over any video programming''; and
            (3) by adding at the end the following new subsection:
    ``(k) Treatment of High-Speed Data Services.--Until the Commission
establishes open access or interconnection standards and obligations
under section 624(j), a service that provides high-speed data service
(as such term is defined in regulations of the Commission) and that
seeks to obtain channel capacity under this section may,
notwithstanding subsection (b)(5), be treated as seeking channel
capacity for a commercial use.''.

SEC. 5. CLARIFICATION OF LIMITATION ON COMMON CARRIER REGULATION.

    Section 621(c) of the Communications Act of 1934 (47 U.S.C. 541(c))
is amended by adding at the end the following new sentence: ``A
telecommunications service that is provided by a cable system is
subject to regulation as a common carrier service.''.

SEC. 6. RULES OF CONSTRUCTION.

    Nothing in this Act--
            (1) restricts or limits the authority of a State or
        franchising authority; or
            (2) shall be construed to affect any civil action that is
        pending in any Federal or State court on the date of enactment
        of this Act.

Output:
Consumer and Community Choice in Access Act of 1999 - Amends the Communications Act of 1934 to authorize the Federal Communications Commission (FCC) to require cable operators that provide interconnection with the Internet using that cable system's facilities to offer such interconnection on terms and conditions that are fair, reasonable, and nondiscriminatory and to provide such interconnection with the facilities and equipment of any Internet service provider, whether or not affiliated with such cable operator.
Directs a cable operator to designate channel capacity for the provision of other cable services (currently, for a commercial use, which includes only video programming).  Provides that, until the FCC establishes open access or interconnection standards and obligations for cable providers, a service that provides high-speed data service and that seeks to obtain channel capacity for such service may be treated as seeking channel capacity for a commercial use.
Subjects a telecommunications service that is provided by a cable system to Federal regulation as a common carrier service.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bramwell National Historical Park
Act of 1993''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that:
            (1) The coal mining heritage of southern West Virginia is
        of national historical and cultural significance.
            (2) The Town of Bramwell, West Virginia, possesses
        remarkable and outstanding historical, cultural, and
        architectural values relating to the coal mining heritage of
        southern West Virginia.
            (3) It is in the national interest to preserve the unique
        character of the Town of Bramwell, West Virginia, and to
        enhance the historical, cultural, and architectural values
        associated with its coal mining heritage.
    (b) Purpose.--The purpose of this Act is to provide for the
preservation, restoration, and interpretation of the historical,
cultural, and architectural values of the Town of Bramwell, West
Virginia, for the educational and inspirational benefit of present and
future generations.

SEC. 3. ESTABLISHMENT.

    (a) In General.--In order to preserve, restore, and interpret the
unique historical, cultural, and architectural values of Bramwell, West
Virginia, there is hereby established the Bramwell National Historical
Park (hereinafter referred to as the ``Park'').
    (b) Area Included.--The Park shall consist of the lands and
interests in lands within the corporate boundary of the Town of
Bramwell.

SEC. 4. ADMINISTRATION.

    (a) In General.--The Secretary shall administer the Park in
accordance with this Act and with the provisions of law generally
applicable to units of the national park system, including the Act
entitled ``An Act to establish a National Park Service, and for other
purposes'', approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 461-467).
    (b) Donations.--Notwithstanding any other provision of law, the
Secretary may accept and retain donations of funds, property, or
services from individuals, foundations, corporations, or public
entities for the purpose of providing services and facilities which he
deems consistent with the purposes of the Act.
    (c) Cooperative Agreements.--In administering the Park, the
Secretary is authorized to enter into cooperative agreements with the
State of West Virginia, or any political subdivision thereof, for
carrying out the purposes of this Act.

SEC. 5. ACQUISITION OF LAND.

    (a) General Authority.--The Secretary may acquire land or interests
in land within the boundaries of the Park only by donation, exchange,
or purchase from willing sellers with donated or appropriated funds.
    (b) State Lands.--Lands or interest in lands, within the boundaries
of the Park which are owned by the State of West Virginia or any
political subdivision thereof, may be acquired only by donation.

SEC. 6. COOPERATIVE AGREEMENTS.

    The Secretary is authorized to enter into cooperative agreements
with the owners of properties of historical or cultural significance
within the Park pursuant to which the Secretary may mark, interpret,
restore, and provide technical assistance for the preservation and
interpretation of such properties.

SEC. 7. PROPERTY OWNER RIGHTS.

    Nothing in this Act may be construed as authorizing the Secretary
to have access to private residential property within the Park for the
purpose of conducting visitors through such property, or for any other
purpose, without the advice and consent of the owner of such property.

SEC. 8. MANAGEMENT PLAN.

    (a) In General.--The Secretary, in consultation with the committee
referred to in section 9, shall prepare a plan for the restoration,
preservation, interpretation, and development of the historical,
cultural, and architectural resources of the Park.
    (b) Restoration Measures.--The plan referred to in this section
shall provide for such measures as may be deemed appropriate for the
restoration of public areas within the Park, including but not limited
to each of the following:
            (1) The restoration of a brick surface to such segments of
        North River Street, Main Street, Rose Street, South River
        Street, and Bloch Street as deemed necessary to restore the
        historical and architectural character of the Park.
            (2) Measures to mitigate the visual impact of public
        utility facilities such as phone and electrical lines on the
        historical and architectural character of the Park.
    (c) Development Measures.--The plan referred to in this section
shall provide for such measures as may be deemed appropriate for the
development of public areas within the Park, including but not limited
to each of the following:
            (1) The reconstruction of the Bramwell Railroad Depot.
            (2) The restoration of an edifice or edifices suitable to
        provide for the interpretation and visitor appreciation of the
        historical, cultural, and architectural features of the Park.

SEC. 9. ADVISORY COMMITTEE.

    (a) Establishment.--There is hereby established the Bramwell
National Historical Park Advisory Committee (hereinafter in this Act
referred to as ``Advisory Committee''). The Advisory Committee shall be
composed of thirteen members appointed by the Secretary to serve for
terms of two years, except for the Governor of the State of West
Virginia and the Mayor of the Town of Bramwell who shall serve without
limitation of terms. Any member of the Advisory Committee may serve
after the expiration of his term until a successor is appointed. Any
member of the Advisory Committee may be appointed to serve more than
one term. The Secretary or his designee shall serve as Chairman.
    (b) Management and Development Issues.--The Secretary, or his
designees, shall meet on a regular basis and consult with the Advisory
Committee on matters relating to the development of a management plan
for the Park and on the implementation of such plan.
    (c) Expenses.--Members of the Advisory Committee shall serve
without compensation as such, but the Secretary may pay expenses
reasonably incurred in carrying out their responsibilities under this
Act on vouchers signed by the Chairman.
    (d) Membership.--The Secretary shall appoint members to the
Advisory Committee as follows:
            (1) the Governor of the State of West Virginia or his
        delegate;
            (2) one member to represent the West Virginia Division of
        Culture and History to be appointed from among persons
        nominated by the Governor of the State of West Virginia;
            (3) the Mayor of the Town of Bramwell;
            (4) one member to represent the Mercer County Commission;
            (5) one member to represent the Mercer County Historical
        Society;
            (6) two members to represent the Bramwell Historic Landmark
        Commission;
            (7) two members to represent the Bramwell Millionaire
        Garden Club;
            (8) one member to represent the West Virginia Preservation
        Alliance, Inc.;
            (9) one member to represent Coalways, Inc.;
            (10) one member to represent the West Virginia Association
        of Museums; and
            (11) one member to represent the Pinnacle Rock State Park
        Foundation, Inc.
    (e) Termination; Charter.--The Advisory Committee shall terminate
on the date ten years after the enactment of this Act notwithstanding
the Federal Advisory Committee Act (Act of October 6, 1972; 86 Stat.
776). The provisions of section 14(b) of such Act (relating to the
charter of the Committee) are hereby waived with respect to this
Advisory Committee.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There is hereby authorized to be appropriated such sums as may be
necessary to carry out the purpose of this Act.

Output:
Bramwell National Historical Park Act of 1993 - Establishes the Bramwell National Historical Park, West Virginia, to preserve, restore, and interpret the unique historical, cultural, and architectural values of the town.
Establishes the Bramwell National Historical Park Advisory Committee.
Authorizes appropriations.


Input:
SECTION 1. ACCESS TO MENTAL HEALTH CARE OF FAMILIES OF MEMBERS OF THE
              NATIONAL GUARD AND RESERVE DURING THEIR MOBILIZATION,
              DEPLOYMENT, AND DEMOBILIZATION.

    (a) Findings.--Congress makes the following findings:
            (1) The members of the National Guard and Reserve have made
        extraordinary contributions to Operation Iraqi Freedom and
        Operation Enduring Freedom.
            (2) The scope and scale of recent mobilizations and
        deployments of members of the National Guard and Reserve is
        unprecedented in the modern history of the Armed Forces.
            (3) The frequency and length of such mobilizations and
        deployments has placed significant strain on the family members
        of deployed members.
            (4) The Department of Defense Task Force on Mental Health
        determined that family members of deployed members of the
        National Guard and Reserve are more likely to experience mental
        health challenges as a result of these mobilizations and
        deployments.
            (5) The Department of Defense Task Force on Mental Health
        also determined that family members of deployed members of the
        National Guard and Reserve are less likely to have ready access
        to mental health care during periods of deployment.
            (6) Family members of members of the National Guard and
        Reserve often live far from military installations that are the
        primary locations for mental health care provided by the
        Department of Defense.
            (7) Adequate support for family members of deployed members
        of the Armed Forces is critical to maintaining morale, both on
        the battlefield and on the home front.
    (b) Sense of Congress.--It is the sense of Congress that the
Department of Defense should undertake appropriate actions to ensure
that family members of members of the National Guard and Reserve who
are deployed have full access to mental health care during the periods
of mobilization, deployment, and demobilization of such members of the
National Guard and Reserve.
    (c) Initiative To Increase Access to Mental Health Care.--
            (1) In general.--The Secretary of Defense shall undertake a
        nationwide initiative intended to increase access to mental
        health care for family members of members of the National Guard
        and Reserve who are mobilized.
            (2) Elements.--The initiative shall include the following:
                    (A) Programs and activities to educate the family
                members of members of the National Guard and Reserve
                who are mobilized on potential mental health challenges
                connected with such mobilization.
                    (B) Programs and activities to provide such family
                members with complete information on all mental health
                care resources available to such family members through
                the Department of Defense and otherwise.
                    (C) Requirements for mental health counselors at
                military installations in communities with large
                numbers of mobilized members of the National Guard and
                Reserve to expand the reach of their counseling
                activities to include families of such members in such
                communities.
    (d) Mental Health Care Under TRICARE.--
            (1) In general.--Under such regulations as the Secretary of
        Defense shall prescribe, reimbursement shall be provided under
        the TRICARE program under chapter 55 of title 10, United States
        Code, for any mental health care specified in paragraph (3)
        that is provided to a family member of a covered member of the
        National Guard or Reserve during the period of deployment of
        such covered member of the National Guard or Reserve as
        described in paragraph (2).
            (2) Covered members of the national guard or reserve.--For
        purposes of this subsection, a covered member of the National
        Guard or Reserve is any member of the National Guard or Reserve
        on active duty for more than 30 days for a deployment in
        connection with Operation Iraqi Freedom or Operation Enduring
        Freedom who, while so on active duty, is covered by the TRICARE
        program on a for self and family basis.
            (3) Mental health care.--The mental health care specified
        in this paragraph is mental health care as follows:
                    (A) Mental health care otherwise provided to
                covered dependents of members of the uniformed services
                under the TRICARE program.
                    (B) Any mental health care and treatment that is
                provided at a facility accredited by the Joint
                Commission on Accreditation of Healthcare
                Organizations.
                    (C) Any mental health care and treatment that is
                provided at a facility accredited by a State-
                accrediting institution, including a facility not
                otherwise recognized as an authorized provider under
                the TRICARE program.
                    (D) Chemical dependency treatment at any partial
                hospital program, substance-abuse disorder
                rehabilitation facility, or residential treatment
                center accredited by the Joint Commission on
                Accreditation of Healthcare Organizations or by a
                State-accrediting institution.
            (4) Effective date.--This subsection shall take effect on
        January 1, 2008.
    (e) Reports.--
            (1) In general.--Not later than 180 days after the date of
        the enactment of this Act, and every 180 days thereafter, the
        Secretary of Defense shall submit to the Committees on Armed
        Services of the Senate and the House of Representatives a
        report on this section.
            (2) Elements.--Each report shall include the following:
                    (A) A current assessment of the extent to which
                family members of members of the National Guard and
                Reserve who are deployed have access to, and are
                utilizing, mental health care available under this
                section.
                    (B) A current assessment of the quality of mental
                health care being provided d to family members of the
                National Guard and Reserve who are deployed at State-
                accredited treatment centers.
                    (C) Such recommendations for legislative or
                administrative action as the Secretary considers
                appropriate in order to further assure full access by
                family members of members of the National Guard and
                Reserve who are deployed to mental health care during
                the mobilization, deployment, and demobilization of
                such members of the National Guard and Reserve.

Output:
Expresses the sense of Congress that the Department of Defense (DOD) should undertake actions to ensure that family members of National Guard and Reserve personnel who are deployed have full access to mental health care during the periods of mobilization, deployment, and demobilization.

Requires the Secretary of Defense to undertake an initiative to increase access to mental health care, including education concerning mental health challenges and information on available resources, for family members of such personnel who are mobilized.

Requires reimbursement under the TRICARE program for certain mental health care services, including chemical dependency treatment, provided to a family member of a covered Guard or Reserve member during a period of deployment on active duty for more than 30 days in connection with Operation Iraqi Freedom or Operation Enduring Freedom who, while on such duty, is covered by the TRICARE program on a for self and family basis.

Requires regular reports from the Secretary assessing the access and quality of such family mental health care services and recommendations for legislative and administrative action.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Children's Health Equity Act of
1998''.

SEC. 2. USE OF STATE CHILDREN'S HEALTH INSURANCE PROGRAM FUNDS FOR
              ENHANCED MATCHING RATE FOR COVERAGE OF ADDITIONAL
              CHILDREN UNDER THE MEDICAID PROGRAM.

    (a) In General.--Section 1905 of the Social Security Act (42 U.S.C.
1396d) is amended--
            (1) in subsection (b), by striking ``or subsection (u)(3)''
        and inserting ``, subsection (u)(3), or subsection (u)(4)(A)'';
        and
            (2) in subsection (u) (as added by section 4911(a)(2) of
        the Balanced Budget Act of 1997 and as amended by section 162
        of Public Law 105-100)--
                    (A) by redesignating paragraph (4) as paragraph
                (5); and
                    (B) by inserting after paragraph (3) the following
                new paragraph:
    ``(4)(A) For purposes of subsection (b), the expenditures described
in this subparagraph are expenditures for medical assistance for
waivered low-income children described in subparagraph (B) but--
            ``(i) only in the case of children residing in a State
        described in subparagraph (C); and
            ``(ii) only to the extent the number of full-year
        equivalent waivered low-income children enrolled under the
        State plan under this title for the fiscal year exceeds the
        number of waivered low-income children described in
        subparagraph (D)(i) for the State for the fiscal year.
    ``(B) For purposes of this paragraph, the term `waivered low-income
child' means a child whose family income exceeds the minimum income
level required to be established for the age of such child under
section 1902(l)(2) in order for the child to be eligible for medical
assistance under this title, but does not exceed the medicaid
applicable income level (as defined in section 2110(b)(4) but
determined as if `June 1, 1997' were substituted for `March 31, 1997')
for that child.
    ``(C) A State described in this subparagraph is a State that--
            ``(i) has under a waiver authorized by the Secretary or
        under section 1902(r)(2) established a medicaid applicable
        income level (as defined in section 2110(b)(4) but determined
        as if `June 1, 1997' were substituted for `March 31, 1997') for
        children under 19 years of age residing in the State that is at
        or above 200 percent of the poverty line; and
            ``(ii) demonstrates to the satisfaction of the Secretary a
        commitment to reach and enroll children who are eligible for,
        but not enrolled under, the State plan through means, such as
        the following:
                    ``(I) Eliminating the assets test for eligibility
                of waivered low-income children.
                    ``(II) Using shortened and simplified applications
                for such children.
                    ``(III) Allowing applications for such children to
                be submitted by mail or through telephone.
                    ``(IV) Outstationing State eligibility workers at
                sites that are frequented by families with children,
                including schools, child care centers, churches,
                centers providing Head Start services, local offices of
                the special supplemental food program for women,
                infants and young children (WIC) established under
                section 17 of the Child Nutrition Act of 1966,
                community centers, Job Corps centers established under
                part B of title IV of the Job Training Partnership Act
                or subtitle C of title I of the Workforce Investment
                Act of 1998, sites offering the recognized equivalent
                of a secondary school degree, offices of tribal
                organizations (as defined in section 4(l) of the Indian
                Self-Determination and Education Assistance Act), and
                Social Security Administration field offices.
                    ``(V) Using presumptive eligibility for waivered
                low-income children.
                    ``(VI) Collaborating with public and private
                entities to conduct outreach campaigns to enroll such
                children.
    ``(D)(i) For purposes of subparagraph (A)(ii), the number of
waivered low-income children for a State described in this clause for--
            ``(I) fiscal year 1998, is equal to the number of full-year
        equivalent waivered low-income children enrolled under the
        State plan under this title for fiscal year 1997; and
            ``(II) fiscal year 1999 or a succeeding fiscal year, is
        equal to the number of waivered low-income children determined
        under this clause for the preceding fiscal year increased by
        the number of percentage points determined under clause (ii)
        for the State for the fiscal year involved.
    ``(ii) The number of percentage points determined under this clause
for a State for a fiscal year is equal to the number of percentage
points by which--
            ``(I) the arithmetic average of the total number of
        children in the State set forth in the 3 most recent March
        supplements to the Current Population Survey of the Bureau of
        the Census before the beginning of the fiscal year; exceeds
            ``(II) the arithmetic average of such total number set
        forth in the second, third, and fourth most recent March
        supplements to such Survey before the beginning of the fiscal
        year.
    ``(E) For purposes of section 2104(d) (regarding the reduction of
an allotment under title XXI) the amount determined under paragraph (2)
of that section shall, with respect to expenditures described in
subparagraph (A), only take into account the amount by which--
            ``(i) the payments made to a State for such expenditures
        for a fiscal year on the basis of an enhanced FMAP under the
        fourth sentence of subsection (b); exceed
            ``(ii) the amount of payments that would have been made for
        the expenditures if the enhanced FMAP did not apply.
    ``(F) Each State shall submit to the Secretary such information, at
such time and in such manner, as the Secretary determines is necessary
to ensure that the requirements of this paragraph are satisfied. The
Secretary shall ensure that information is provided under this
subsection in a manner that is consistent with other reporting
requirements for information required to be submitted by a State under
this title and title XXI, and avoids duplication of reporting
requirements.
    ``(G) The Secretary shall regularly examine the payments made to a
State for the expenditures described in subparagraph (A) to confirm
that the payments are attributable to expenditures described in such
subparagraph.''.
    (b) Conforming Amendments.--
            (1) Section 1902(a)(10)(A)(ii)(XIV) of the Social Security
        Act (42 U.S.C. 1396a(a)(10)(A)(ii)(XIV)) is amended by striking
        ``1905(u)(2)(C)'' and inserting ``1905(u)(2)(B)''.
            (2) Section 2104(d)(2) of the Social Security Act (42
        U.S.C. 1397dd(d)(2)) is amended by inserting ``subject to
        section 1905(u)(4)(E),'' after ``(2)''.
    (c) Effective Date.--The amendments made by this section shall be
effective as if included in the enactment of section 4911 of the
Balanced Budget Act of 1997 (Public Law 105-33; 111 Stat. 570).

SEC. 3. EXPANSION OF PRESUMPTIVE ELIGIBILITY OPTION FOR CHILDREN UNDER
              THE MEDICAID PROGRAM.

    (a) In General.--Section 1920A(b)(3)(A)(i) of the Social Security
Act (42 U.S.C. 1396r-1a(b)(3)(A)(i)) is amended--
            (1) by striking ``or (II)'' and inserting ``, (II)''; and
            (2) by inserting before the semicolon ``, eligibility for
        assistance under the State plan under part A of title IV,
        eligibility of a child to receive medical assistance under the
        State plan under this title or title XXI, (III) is a staff
        member of an elementary school or secondary school, as such
        terms are defined in section 14101 of the Elementary and
        Secondary Education Act of 1965 (20 U.S.C. 8801), a child care
        resource and referral center, or an agency administering a
        State plan under part D of title IV, or (IV) is so designated
        by the State''.
    (b) Conforming Amendments.--Section 1920A of such Act (42 U.S.C.
1396r-1a) is amended--
            (1) in subsection (b)(3)(A)(ii), by striking ``paragraph
        (1)(A)'' and inserting ``paragraph (2)(A)''; and
            (2) in subsection (c)(2), in the matter preceding
        subparagraph (A), by striking ``subsection (b)(1)(A)'' and
        inserting ``subsection (b)(2)(A)''.

Output:
Children's Health Equity Act of 1998 - Amends title XIX (Medicaid) of the Social Security Act to provide for an increased Federal medical assistance percentage for expanded coverage of certain waivered low-income children in States which:  (1) have established a Medicaid applicable income level for children under age 19 that is at or above 200 percent of the poverty line; and (2) demonstrate a commitment to reach and enroll such children.  Defines "waivered low-income children" as those whose family income:  (1) exceeds certain minimum Medicaid-eligible levels required to be established for the age of the child; but (2) does not exceed the Medicaid applicable income level for that child.
Provides for expansion of the individuals and entities which may serve as qualified entities with regard to the Medicaid presumptive eligibility option for low-income children.
Limits the number of waivered low-income children for a State for FY 1998 and each succeeding fiscal year.


Input:
SECTION 1. SHORT TITLE; FINDINGS.

    (a) Short Title.--This Act may be cited as the ``Congressional
Foreign Travel Reform Act of 2010''.
    (b) Findings.--Congress finds the following:
            (1) The 56-year-old Mutual Security Act governs the current
        procedures and reporting requirements associated with the
        expending of foreign currencies for foreign travel by members
        of Congress and their staffs.
            (2) A recent Congressional Research Service (CRS)
        memorandum finds that ``there are no requirements regarding the
        disclosure of international travel by Members of Congress or
        their staffs that contain records of all international travel
        that might be taken.''.
            (3) This memorandum also finds that--
                    (A) the current travel disclosure requirements
                ``may be of limited utility'' when trying to assess the
                amount Congress spends on foreign travel;
                    (B) some foreign travel disclosures ``. . .
                identify annual expenditures for an entity, rather than
                quarterly,'' as is required by the law;
                    (C) some disclosures contain ``. . . typographical
                and mathematics errors'';
                    (D) the current disclosure requirements for
                Congressional foreign travel ``. . . might raise
                questions about the accuracy of reported destinations,
                participants or expenditures''; and
                    (E) the current reporting requirements for
                Congressional foreign travel ``. . . may reduce the
                suitability and reliability'' of the following data:
                ``number of trips taken, number of congressional
                travelers, destinations and the number of times a
                destination was visited, purposes of travel, benefits
                of travel and the extent of expenditures for
                congressional travel.''.
            (4) In April 2010 Roll Call reported that these travel ``.
        . . accommodations are made by the State Department and billed
        back to a government account that automatically refills itself
        and has no spending limit attached.''.
            (5) In March 2010 the Wall Street Journal reported that
        while congressional rules require any unused per diem received
        for congressional travel must be paid back, this rule is rarely
        followed.
            (6) The ``Questions and Answers'' section of the Official
        Foreign Travel Guide for the U.S. Congress advises Members of
        Congress that they ``. . . may keep any `excess' funds'' from a
        per diem allowance.
            (7) The CRS memorandum finds that from the only public
        available records on Congressional foreign travel, the House of
        Representatives went from spending $1,557,162 on foreign travel
        in 1994 to $9,303,709 in 2009, and that the amount the House
        has spent on travel has nearly doubled since 2006. Furthermore,
        these amounts do not take into account the use of military
        aircraft.
            (8) In June 2010 Roll Call reported that ``Members of
        Congress routinely fail to report millions of dollars' worth of
        costs . . . on foreign trips'', and that the ``total spent on
        foreign travel has skyrocketed in the past decade.''

SEC. 2. REQUIRING CONGRESS TO OBTAIN AND PAY FOR LOCAL CURRENCIES USED
              TO PROVIDE PER DIEMS TO MEMBERS AND EMPLOYEES OF CONGRESS
              ON OFFICIAL FOREIGN TRAVEL.

    (a) Obtaining and Paying for Local Currency Per Diems for Members
and Employees on Official Foreign Travel.--
            (1) In general.--The House of Representatives and Senate
        may obtain local currencies of foreign nations for the purpose
        of providing a per diem allowance to a Member, officer, or
        employee of the House of Representatives or Senate who is on
        official foreign travel, if the individual obtains an
        authorization under paragraph (2) to receive such an allowance.
            (2) Authorization described.--An individual wishing to
        receive a per diem allowance under paragraph (1) shall obtain
        an authorization--
                    (A) from the Speaker of the House of
                Representatives, in the case of a Member, officer, or
                employee of the House;
                    (B) from the chairman of a standing or select
                committee of the House of Representatives, in the case
                of a member or employee of that committee;
                    (C) from the President of the Senate, the President
                pro tempore of the Senate, the majority leader of the
                Senate, or the minority leader of the Senate, in the
                case of a Member, officer, or employee of the Senate;
                    (D) from the chairman of a standing, select, or
                special committee of the Senate, in the case of a
                member or employee of that committee or of an employee
                of a member of that committee; and
                    (E) from the chairman of a joint committee of the
                Congress, in the case of a member or employee of that
                committee.
            (3) Limit on amount.--The amount of local currency provided
        for the use of an individual under this subsection may not
        exceed--
                    (A) the equivalent of $75 per day per person; or
                    (B) the maximum per diem allowance established
                under the authority of subchapter I of chapter 57 of
                title 5, United States Code, for employees of the
                United States Government while traveling in a foreign
                country,
        whichever is greater, exclusive of the actual cost of
        transportation.
            (4) Repayment of unused amounts.--Any individual to whom
        the House of Representatives or the Senate provides a per diem
        under this subsection shall return to the House of
        Representatives or the Senate (as the case may be) any per diem
        provided to the Member or employee which remains unexpended as
        of the conclusion of the travel. Any amount returned in
        accordance with the previous sentence shall be transferred to
        the Secretary of the Treasury, who shall use such amount for
        the purposes of deficit reduction.
            (5) Authorization of appropriations.--There are authorized
        to be appropriated such sums as may be necessary for obtaining
        local currencies under this subsection, of which--
                    (A) the amounts necessary for obtaining local
                currencies for the use of any individual whose pay is
                disbursed by the Chief Administrative Officer of the
                House of Representatives shall be appropriated from the
                applicable accounts of the House of Representatives;
                and
                    (B) the amounts necessary for obtaining local
                currencies for the use of any individual whose pay is
                disbursed by the Secretary of the Senate shall be
                appropriated from the contingent fund of the Senate.
            (6) Definitions.--In this subsection--
                    (A) any reference to a ``Member'' of the House of
                Representatives includes a Delegate or Resident
                Commissioner to the Congress; and
                    (B) the term ``official foreign travel'' means any
                travel outside of the United States for which the costs
                (including the costs of transportation, lodging, meals,
                and related expenses) may be covered by appropriated
                funds, including official funds of the House of
                Representatives or Senate, under law or the Rules of
                the House of Representatives or the Standing Rules of
                the Senate.
    (b) Conforming Amendments.--
            (1) Repeal existing authority.--Section 502(b) of the
        Mutual Security Act of 1954 (22 U.S.C. 1754(b)) is amended by
        striking paragraph (1).
            (2) Maintenance of existing reporting requirements.--
        Section 502(b)(3)(A) of such Act (22 U.S.C. 1754(b)(3)(A)) is
        amended by striking ``an authorization under paragraph (1)''
        and inserting ``an authorization under section 2(b) of the
        Congressional Foreign Travel Reform Act of 2010.''.
    (c) Effective Date.--This section and the amendments made by this
section shall apply with respect to fiscal year 2011 and each
succeeding fiscal year.

SEC. 3. ENHANCED DISCLOSURE AND OTHER RESTRICTIONS RELATING TO MEMBER
              TRAVEL UNDER RULES OF HOUSE OF REPRESENTATIVES.

    (a) Reporting Requirements for Official Foreign Travel by House
Members and Employees.--
            (1) Statement required prior to undertaking travel.--A
        Member or employee of the House of Representatives may not
        undertake any official foreign travel unless, not later than 14
        days prior to the date on which the travel begins, the Member
        or employee prepares and makes available for public inspection
        in accordance with subsection (b) a statement containing the
        following information:
                    (A) A statement of worthiness regarding the purpose
                of the travel, including a description of how the
                travel relates to the Member's or employee's official
                duties.
                    (B) A tentative itinerary for each day of the
                travel, including a list of the locations the Member or
                employee intends to visit and any individuals with whom
                the Member or employee intends to meet.
                    (C) The names of any other individuals who are
                accompanying the Member or employee during the travel,
                without regard to whether such individuals are Members
                or employees of the House.
                    (D) The amount of the per diem the Member or
                employee requested to be provided for the travel, and
                whether the amount is greater than the standard per
                diem provided under chapter 57 of title 5, United
                States Code.
                    (E) A description of the aircraft to be used for
                transportation for the travel, and the Member's or
                employee's best estimate of the costs of using such
                aircraft.
            (2) Statement required after completion of travel.--Not
        later than 14 days after completing any official foreign
        travel, the Member or employee who undertook the travel shall
        prepare and make available for public inspection in accordance
        with subsection (b) a statement containing the following
        information:
                    (A) A statement detailing the value, worthiness,
                and educational benefit to the Member or employee of
                the travel.
                    (B) The actual itinerary for the travel, including
                a comprehensive statement of travel times, meetings,
                and other activities carried out during the travel.
                    (C) The actual cost of the travel, itemized by the
                costs of--
                            (i) transportation (including the
                        identification of the providers of the
                        transportation);
                            (ii) lodging (including the identification
                        of the providers of the lodging); and
                            (iii) meals (including the identification
                        of the providers of the meals).
                    (D) How much, if any, of the per diem provided for
                the travel was unspent.
            (3) Exception for information affecting national
        security.--A Member or employee may exclude from a statement
        prepared under this subsection any information which is
        classified or the disclosure of which would adversely affect
        national security, so long as the Member includes documentation
        in support of the exclusion in the statement prepared under
        this subsection.
    (b) Publication Requirements for Reports.--Each statement required
to be prepared under subsection (a) with respect to official foreign
travel of a Member or employee of the House of Representatives shall be
made available for public inspection as follows:
            (1) The statement shall be submitted for publication in the
        Congressional Record.
            (2) The statement shall be posted on the official public
        website of the Clerk of the House of Representatives.
            (3) The statement shall be posted on the official public
        website of the authorizing office.
            (4) In the case of a statement submitted with respect to
        travel of a Member, the statement shall be posted on the
        official public website of the Member.
            (5) In the case of a statement submitted with respect to
        travel of an employee, the statement shall be posted on the
        official public website of the employee's employing office.
    (c) Prohibiting Vacation Stopovers During Travel.--A Member or
employee of the House of Representatives may not undertake a vacation
stopover for annual leave at any point during official foreign travel.
    (d) Restrictions on Travel by Employees.--
            (1) Travel by employees of members.--An employee of the
        House of Representatives whose employing office is the office
        of a Member may not undertake any official foreign travel
        unless--
                    (A) the authorizing office for the travel is the
                office of the Member;
                    (B) the travel is undertaken by the employee to
                accompany the Member on the Member's own official
                foreign travel; and
                    (C) no other employee of the office accompanies the
                Member on such travel.
            (2) Travel by employees of committees.--An employee of the
        House of Representatives whose employing office is the office
        of a committee of the House of Representatives may not
        undertake any official foreign travel unless--
                    (A) the authorizing office for the travel is the
                office of the committee;
                    (B) the travel is undertaken by the employee to
                accompany a Member who serves on the committee on the
                Member's own official foreign travel; and
                    (C) the number of employees accompanying the
                Members of the committee on such travel does not exceed
                the number of Members of the committee who are
                participating in such travel.
            (3) Exception for certain travel.--This subsection does not
        apply with respect to travel to a military installation or
        travel to a theater of operations of the Armed Forces.
    (e) Requiring Efforts To Reduce Expenses; Return of Unspent Per
Diem.--Each Member and employee of the House of Representatives who
undertakes official foreign travel shall--
            (1) take such actions as may be necessary to reduce the
        costs incurred for such travel; and
            (2) return any per diem provided to the Member or employee
        which remains unexpended as of the conclusion of the travel.
    (f) Regulations.--This section shall be carried out in accordance
with regulations promulgated by the Committee on House Administration
of the House of Representatives.
    (g) Definitions.--In this section, the following definitions apply:
            (1) The term ``authorizing office'' means, with respect to
        a Member or employee of the House of Representatives, the
        office which is authorized under law or the Rules of the House
        of Representatives to approve the use of appropriated funds,
        including official funds of the House of Representatives, for
        official travel outside of the United States by the Member or
        employee.
            (2) The term ``Member of the House of Representatives''
        includes a Delegate or Resident Commissioner to the Congress.
            (3) The term ``official foreign travel'' means any travel
        outside of the United States for which the costs (including the
        costs of transportation, lodging, meals, and related expenses)
        may be covered by appropriated funds, including official funds
        of the House of Representatives, under law or the Rules of the
        House of Representatives.
    (h) Statement of Rulemaking Authority of House of
Representatives.--This section is enacted by Congress as an exercise of
the rulemaking power of the House of Representatives and shall be
considered a part of the rules of the House of Representatives, with
full recognition of the constitutional right of the House to change
this section at any time, in the same manner and to the same extent as
in the case of any other rule of the House.

Output:
Congressional Foreign Travel Reform Act of 2010 - Authorizes the House of Representatives and the Senate to obtain local currencies of foreign nations to provide a per diem allowance to a Member, officer, or employee of each chamber on official foreign travel, if the individual obtains an authorization to receive such an allowance from the appropriate specified congressional officer or committee chairman.

Limits such local currency to up to the equivalent of $75 per day per person, or the authorized maximum per diem allowance for federal employees while traveling in a foreign country, whichever is greater, exclusive of the actual cost of transportation.

Prohibits any Member or employee of the House from undertaking any official foreign travel unless, within 14 days before and within 14 days after such travel, the individual prepares and makes available for public inspection a specified statement containing certain travel-related information.

Prohibits a vacation stopover for annual leave at any point during official foreign travel.

Specifies restrictions on official foreign travel by Member and House committee employees, except travel to a military installation or to a theater of operations of the Armed Forces.

Requires Members of the House and employees who undertake official foreign travel to: (1) take necessary actions to reduce travel costs; and (2) return any per diem remaining unexpended at conclusion of the travel.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Strengthening Local Transportation
Security Capabilities Act of 2018''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Public and private sector stakeholders.--The term
        ``public and private sector stakeholders'' has the meaning
        given such term in section 114(u)(1)(C) of title 49, United
        States Code.
            (2) Surface transportation asset.--The term ``surface
        transportation asset'' includes facilities, equipment, or
        systems used to provide transportation services by--
                    (A) a public transportation agency (as such term is
                defined in section 1402(5) of the Implementing
                Recommendations of the 9/11 Commission Act of 2007
                (Public Law 110-53; 6 U.S.C. 1131(5)));
                    (B) a railroad carrier (as such term is defined in
                section 20102(3) of title 49, United States Code);
                    (C) an owner or operator of--
                            (i) an entity offering scheduled, fixed-
                        route transportation services by over-the-road
                        bus (as such term is defined in section 1501(4)
                        of the Implementing Recommendations of the 9/11
                        Commission Act of 2007 (Public Law 110-53; 6
                        U.S.C. 1151(4))); or
                            (ii) a bus terminal; or
                    (D) other transportation facilities, equipment, or
                systems, as determined by the Secretary.
            (3) Transportation facility.--The term ``transportation
        facility'' means a bus terminal, intercity or commuter
        passenger rail station, airport, multi-modal transportation
        center, or other transportation facility, as determined by the
        Secretary of Homeland Security.

SEC. 3. THREAT INFORMATION SHARING.

    (a) Prioritization.--The Secretary of Homeland Security shall
prioritize the assignment of officers and intelligence analysts under
section 210A of the Homeland Security Act of 2002 (6 U.S.C. 124h) from
the Transportation Security Administration and, as appropriate, from
the Office of Intelligence and Analysis of the Department of Homeland
Security, to locations with participating State, local, and regional
fusion centers in jurisdictions with a high-risk surface transportation
asset in order to enhance the security of such assets, including by
improving timely sharing of classified information regarding terrorist
and other threats.
    (b) Intelligence Products.--Officers and intelligence analysts
assigned to locations with participating State, local, and regional
fusion centers under this section shall participate in the generation
and dissemination of transportation security intelligence products,
with an emphasis on terrorist and other threats to surface
transportation assets that--
            (1) assist State, local, and tribal law enforcement
        agencies in deploying their resources, including personnel,
        most efficiently to help detect, prevent, investigate,
        apprehend, and respond to terrorist and other threats;
            (2) promote more consistent and timely sharing of threat
        information among jurisdictions; and
            (3) enhance the Department of Homeland Security's
        situational awareness of such terrorist and other threats.
    (c) Clearances.--The Secretary of Homeland Security shall make
available to appropriate owners and operators of surface transportation
assets, and any other person that the Secretary determines appropriate
to foster greater sharing of classified information relating to
terrorist and other threats to surface transportation assets, the
process of application for security clearances under Executive Order
No. 13549 (75 Fed. Reg. 162; relating to a classified national security
information program) or any successor Executive order.

SEC. 4. INTEGRATED AND UNIFIED OPERATIONS CENTERS.

    (a) Framework.--Not later than 120 days after the date of the
enactment of this Act, the Administrator of the Transportation Security
Administration, in consultation with the heads of other appropriate
offices or components of the Department of Homeland Security, shall
make available to public and private sector stakeholders a framework
for establishing an integrated and unified operations center
responsible for overseeing daily operations of a transportation
facility that promotes coordination for responses to terrorism, serious
incidents, and other purposes, as determined appropriate by the
Administrator.
    (b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Administrator of the Transportation Security
Administration shall report to the Committee on Homeland Security of
the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate regarding the establishment and
activities of integrated and unified operations centers at
transportation facilities at which the Transportation Security
Administration has a presence.

SEC. 5. LOCAL LAW ENFORCEMENT SECURITY TRAINING.

    (a) In General.--The Secretary of Homeland Security, in
consultation with public and private sector stakeholders, may develop,
through the Federal Law Enforcement Training Centers, a training
program to enhance the protection, preparedness, and response
capabilities of law enforcement agencies with respect to terrorism and
other serious incidents at a surface transportation asset.
    (b) Requirements.--If the Secretary of Homeland Security develops
the training program described in subsection (a), such training program
shall--
            (1) be informed by current information regarding terrorist
        tactics;
            (2) include tactical instruction tailored to the diverse
        nature of the surface transportation asset operational
        environment; and
            (3) prioritize training officers from law enforcement
        agencies that are eligible for or receive grants under sections
        2003 or 2004 of the Homeland Security Act of 2002 (6 U.S.C. 604
        and 605) and

         officers employed by railroad carriers that operate passenger
        service, including interstate passenger service.

            Passed the House of Representatives March 22, 2018.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Output: Strengthening Local Transportation Security Capabilities Act of 2018 (Sec. 3) This bill directs the Department of Homeland Security (DHS) to prioritize the assignment of officers and intelligence analysts from the Transportation Security Administration (TSA) and DHS's Office of Intelligence and Analysis, to locations with participating state, local, and regional fusion centers in jurisdictions with a high-risk surface transportation asset in order to enhance the security of such asset. A "surface transportation asset" includes facilities, equipment, or systems used to provide transportation services by: (1) a public transportation agency, (2) a railroad carrier, (3) an owner or operator of bus services or a bus terminal, or (4) other facilities as determined by DHS.   Officers and intelligence analysts assigned to locations with participating state, local, and regional fusion centers shall participate in the generation and dissemination of transportation security intelligence products, with an emphasis on terrorist and other threats to surface transportation assets that: (1) assist state, local, and tribal law enforcement agencies in deploying their resources; (2) promote more consistent and timely sharing of threat information among jurisdictions; and (3) enhance DHS's situational awareness of such terrorist and other threats. (Sec. 4) The TSA shall: (1) make available to public and private sector stakeholders a framework for establishing an integrated and unified operations center responsible for overseeing daily operations of a transportation facility that promotes coordination for responses to terrorism, serious incidents, and other purposes; and (2) report to the House Committee on Homeland Security and the Senate Committee on Commerce, Science, and Transportation on operations centers at transportation facilities at which the TSA has a presence.  (Sec. 5) DHS, may develop, through the Federal Law Enforcement Training Centers, a training program to enhance the protection, preparedness, and response capabilities of law enforcement agencies with respect to terrorism and other serious incidents at a surface transportation asset.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Energy Conservation Through Trees
Act''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) the utility sector is the largest single source of
        greenhouse gas emissions in the United States today, producing
        approximately one-third of the country's emissions;
            (2) heating and cooling homes accounts for nearly 60
        percent of residential electricity usage in the United States;
            (3) shade trees planted in strategic locations can reduce
        residential cooling costs by as much as 30 percent;
            (4) shade trees have significant clean-air benefits
        associated with them;
            (5) every 100 healthy large trees removes about 300 pounds
        of air pollution (including particulate matter and ozone) and
        about 15 tons of carbon dioxide from the air each year;
            (6) tree cover on private property and on newly developed
        land has declined since the 1970s, even while emissions from
        transportation and industry have been rising; and
            (7) in over a dozen test cities across the United States,
        increasing urban tree cover has generated between two and five
        dollars in savings for every dollar invested in such tree
        planting.

SEC. 3. DEFINITIONS.

    As used in this Act:
            (1) The term ``Secretary'' refers to the Secretary of
        Energy.
            (2) The term ``retail power provider'' means any entity
        authorized under applicable State or Federal law to generate,
        distribute, or provide retail electricity, natural gas, or fuel
        oil service.
            (3) The term ``tree-planting organization'' means any
        nonprofit or not-for-profit group which exists, in whole or in
        part, to--
                    (A) expand urban and residential tree cover;
                    (B) distribute young trees for planting;
                    (C) increase awareness of the environmental and
                energy-related benefits of trees;
                    (D) educate the public about proper tree planting,
                care, and maintenance strategies; or
                    (E) carry out any combination of the foregoing
                activities.
            (4) The term ``tree-siting guidelines'' means a
        comprehensive list of science-based measurements outlining the
        species and minimum distance required between trees planted
        pursuant to this Act, in addition to the minimum required
        distance to be maintained between such trees and--
                    (A) building foundations;
                    (B) air conditioning units;
                    (C) driveways and walkways;
                    (D) property fences;
                    (E) preexisting utility infrastructure;
                    (F) septic systems;
                    (G) swimming pools; and
                    (H) other infrastructure as deemed appropriate.

SEC. 4. PURPOSES.

    The purpose of this Act is to establish a grant program to assist
retail power providers with the establishment and operation of targeted
residential tree-planting programs, for the following purposes:
            (1) Reducing the peak-load demand for electricity in
        residential areas during the summer months through direct
        shading of buildings provided by strategically planted trees.
            (2) Reducing wintertime demand for energy in residential
        areas by blocking cold winds from reaching homes, which lowers
        interior temperatures and drives heating demand.
            (3) Protecting public health by removing harmful pollution
        from the air.
            (4) Utilizing the natural photosynthetic and transpiration
        process of trees to lower ambient temperatures and absorb
        carbon dioxide, thus mitigating the effects of climate change.
            (5) Lowering electric bills for residential ratepayers by
        limiting electricity consumption without reducing benefits.
            (6) Relieving financial and demand pressure on retail power
        providers that stems from large peak-load energy demand.
            (7) Protecting water quality and public health by reducing
        stormwater runoff and keeping harmful pollutants from entering
        waterways.
            (8) Ensuring that trees are planted in locations that limit
        the amount of public money needed to maintain public and
        electric infrastructure.

SEC. 5. GENERAL AUTHORITY.

    (a) Assistance.--The Secretary is authorized to provide financial,
technical, and related assistance to retail power providers to assist
with the establishment of new, or continued operation of existing,
targeted residential tree-planting programs.
    (b) Public Recognition Initiative.--In carrying out the authority
provided under this Act, the Secretary shall also create a national
public recognition initiative to encourage participation in tree-
planting programs by retail power providers.
    (c) Eligibility.--Only those programs which utilize targeted,
strategic tree-siting guidelines to plant trees in relation to
residence location, sunlight, and prevailing wind direction shall be
eligible for assistance under this Act.
    (d) Requirements.--In order to qualify for assistance under this
Act, a tree-planting program shall meet each of the following
requirements:
            (1) The program shall provide free or discounted shade-
        providing or wind-reducing trees to residential consumers
        interested in lowering their home energy costs.
            (2) The program shall optimize the electricity-consumption
        reduction benefit of each tree by planting in strategic
        locations around a given residence.
            (3) The program shall either--
                    (A) provide maximum amounts of shade during summer
                intervals when residences are exposed to the most sun
                intensity; or
                    (B) provide maximum amounts of wind protection
                during fall and winter intervals when residences are
                exposed to the most wind intensity.
            (4) The program shall use the best available science to
        create tree siting guidelines which dictate where the optimum
        tree species are best planted in locations that achieve maximum
        reductions in consumer energy demand while causing the least
        disruption to public infrastructure, considering overhead and
        underground facilities.
            (5) The program shall receive certification from the
        Secretary that it is designed to achieve the goals set forth in
        paragraphs (1) through (4). In designating criteria for such
        certification, the Secretary shall collaborate with the United
        States Forest Service's Urban and Community Forestry Program to
        ensure that certification requirements are consistent with such
        above goals.
    (e) New Program Funding Share.--The Secretary shall ensure that no
less than 30 percent of the funds made available under this Act are
distributed to retail power providers which--
            (1) have not previously established or operated qualified
        tree-planting programs;
            (2) are operating qualified tree-planting programs which
        were established no more than three years prior to the date of
        enactment of this Act.

SEC. 6. AGREEMENTS BETWEEN ELECTRICITY PROVIDERS AND TREE-PLANTING
              ORGANIZATIONS.

    (a) Grant Authorization.--In providing assistance under this Act,
the Secretary is authorized to award grants only to retail power
providers that have entered into binding legal agreements with
nonprofit tree-planting organizations.
    (b) Conditions of Agreement.--Those agreements between retail power
providers and tree-planting organizations shall set forth conditions
under which nonprofit tree-planting organizations shall provide
targeted residential tree-planting programs which may require these
organizations to--
            (1) participate in local technical advisory committees
        responsible for drafting general tree-siting guidelines and
        choosing the most effective species of trees to plant in given
        locations;
            (2) coordinate volunteer recruitment to assist with the
        physical act of planting trees in residential locations;
            (3) undertake public awareness campaigns to educate local
        residents about the benefits, cost savings, and availability of
        free shade trees;
            (4) establish education and information campaigns to
        encourage recipients to maintain their shade trees over the
        long term;
            (5) serve as the point of contact for existing and
        potential residential participants who have questions or
        concerns regarding the tree-planting program;
            (6) require tree recipients to sign agreements committing
        to voluntary stewardship and care of provided trees;
            (7) monitor and report on the survival, growth, overall
        health, and estimated energy savings of provided trees up until
        the end of their establishment period which shall be no less
        than five years; and
            (8) ensure that trees planted near existing power lines
        will not interfere with energized electricity distribution
        lines when mature, and that no new trees will be planted under
        or adjacent to high-voltage electric transmission lines without
        prior consultation with the applicable retail power provider
        receiving assistance under this Act.
    (c) Lack of Nonprofit Organization.--If qualified nonprofit or not-
for-profit tree planting organizations do not exist or operate within
areas served by retail power providers applying for assistance under
this Act, the requirements of this section shall apply to binding legal
agreements entered into by such retail power providers and one of the
following entities--
            (1) local municipal governments with jurisdiction over the
        urban or suburban forest;
            (2) the State Forester for the State in which the tree
        planting program will operate; or
            (3) the United States Forest Service's Urban and Community
        Forestry representative for the State in which the tree-
        planting program will operate.

SEC. 7. TECHNICAL ADVISORY COMMITTEES.

    (a) Description.--In order to qualify for assistance under this
Act, the retail power provider shall establish and consult with a local
technical advisory committee which shall provide advice and
consultation to the program, and may--
            (1) design and adopt an approved plant list that emphasizes
        the use of hardy, noninvasive tree species and, where
        geographically appropriate, the use of native or low water-use
        shade trees or both;
            (2) design and adopt planting, installation, and
        maintenance specifications and create a process for inspection
        and quality control;
            (3) ensure that tree recipients are educated to care for
        and maintain their trees over the long term;
            (4) help the public become more engaged and educated in the
        planting and care of shade trees;
            (5) prioritize which sites receive trees, giving preference
        to locations with the most potential for energy conservation
        and secondary preference to areas where the average annual
        income is below the regional median; and
            (6) assist with monitoring and collection of data on tree
        health, tree survival, and energy conservation benefits
        generated under this Act.
    (b) Compensation.--Individuals serving on local technical advisory
committees shall not receive compensation for their service.
    (c) Composition.--Local technical advisory committees shall be
composed of representatives from public, private, and nongovernmental
agencies with expertise in demand-side energy efficiency management,
urban forestry, or arboriculture, and shall be composed of the
following:
            (1) Up to 4 persons, but no less than one person,
        representing the retail power provider receiving assistance
        under this Act.
            (2) Up to 4 persons, but no less than one person,
        representing the local tree-planting organization which will
        partner with the retail power provider to carry out this Act.
            (3) Up to 3 persons representing local nonprofit
        conservation or environmental organizations. Preference shall
        be given to those entities which are organized under section
        501(c)(3) of the Internal Revenue Code of 1986, and which have
        demonstrated expertise engaging the public in energy
        conservation, energy efficiency, or green building practices or
        a combination thereof, such that no single organization is
        represented by more than one individual under this subsection.
            (4) Up to 2 persons representing a local affordable housing
        agency, affordable housing builder, or community development
        corporation.
            (5) Up to 3, but no less than one, persons representing
        local city or county government for each municipality where a
        shade tree-planting program will take place; at least one of
        these representatives shall be the city or county forester,
        city or county arborist, or functional equivalent.
            (6) Up to one person representing the local government
        agency responsible for management of roads, sewers, and
        infrastructure, including but not limited to public works
        departments, transportation agencies, or equivalents.
            (7) Up to 2 persons representing the nursery and
        landscaping industry.
            (8) Up to 3 persons representing the research community or
        academia with expertise in natural resources or energy
        management issues.
    (d) Chairperson.--Each local technical advisory committee shall
elect a chairperson to preside over Committee meetings, act as a
liaison to governmental and other outside entities, and direct the
general operation of the committee; only committee representatives from
subsection (c)(1) or subsection (c)(2) of this section shall be
eligible to act as local technical advisory committee chairpersons.
    (e) Credentials.--At least one of the members of each local
technical advisory committee shall be certified with one or more of the
following credentials: International Society of Arboriculture;
Certified Arborist, ISA; Certified Arborist Municipal Specialist, ISA;
Certified Arborist Utility Specialist, ISA; Board Certified Master
Arborist; or Registered Landscape Architect recommended by the American
Society of Landscape Architects.

SEC. 8. COST-SHARE PROGRAM.

    (a) Federal Share.--The Federal share of support for projects
funded under this Act shall not exceed 50 percent of the cost of such
project and shall be provided on a matching basis.
    (b) Non-Federal Share.--The non-Federal share of such costs may be
paid or contributed by any governmental or nongovernmental entity other
than from funds derived directly or indirectly from an agency or
instrumentality of the United States.

SEC. 9. RULEMAKING.

    (a) Rulemaking Period.--The Secretary shall be authorized to
solicit comments and initiate a rulemaking period that shall last no
more than 6 months after the date of enactment of this Act.
    (b) Competitive Grant Rule.--At the conclusion of the rulemaking
period under subsection (a), the Secretary shall promulgate a rule
governing a public, competitive grants process through which retail
power providers may apply for Federal support under this Act.

SEC. 10. NONDUPLICITY.

    Nothing in this Act shall be construed to supersede, duplicate,
cancel, or negate the programs or authorities provided under section 9
of the Cooperative Forestry Assistance Act of 1978 (92 Stat. 369;
Public Law 95-313; 16 U.S.C. 2105).

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    There are hereby authorized to be appropriated such sums as may be
necessary for the implementation of this Act.

Output:
Energy Conservation Through Trees Act - Authorizes the Secretary of Energy (DOE) to provide financial, technical, and related assistance to retail power providers to assist with the establishment of new, or continued operation of existing, targeted residential tree-planting programs.

Requires the Secretary to create a national public recognition initiative to encourage participation in tree-planting programs by such providers.

Limits assistance provided under this Act to programs that utilize targeted, strategic tree-siting guidelines to plant trees in relation to residence location, sunlight, and prevailing wind direction. Sets forth requirements that must be met for tree-planting programs to qualify for assistance.

Authorizes the Secretary to award grants only to providers that have entered into binding legal agreements with nonprofit tree-planting organizations.

Requires providers, in order to qualify for assistance, to establish and consult with a local technical advisory committee, which shall provide advice and consultation to the program, and which may: (1) design and adopt an approved plant list that emphasizes the use of hardy, noninvasive tree species, native or low water-use shade trees, or both; (2) design and adopt planting, installation, and maintenance specifications and create a process for inspection and quality control; (3) ensure that tree recipients are educated to care for and maintain their trees over the long term; (4) help the public become more engaged and educated in the planting and care of shade trees; (5) prioritize which sites receive trees, giving preference to locations with the most potential for energy conservation and secondary preference to areas where the average annual income is below the regional median; and (6) assist with monitoring and collection of data on tree health, tree survival, and energy conservation benefits generated under this Act.


Input:
SECTION 1. SHORT TITLE; FINDINGS; PURPOSE.

    (a) Short Title.--This Act may be cited as the ``Home Lead Safety
Tax Credit Act of 2003''.
    (b) Findings.--Congress finds that:
            (1) Of the 98,000,000 housing units in the United States,
        38,000,000 have lead-based paint.
            (2) Of the 38,000,000 housing units with lead-based paint,
        25,000,000 pose a hazard, as defined by Environmental
        Protection Agency and Department of Housing and Urban
        Development standards, due to conditions such as peeling paint
        and settled dust on floors and windowsills that contain lead at
        levels above Federal safety standards.
            (3) Though the number of children in the United States ages
        1 through 5 with blood levels higher than the Centers for
        Disease Control action level of 10 micrograms per deciliter has
        declined to 300,000, lead poisoning remains a serious, entirely
        preventable threat to a child's intelligence, behavior, and
        learning.
            (4) The Secretary of Health and Human Services has
        established a national goal of ending childhood lead poisoning
        by 2010.
            (5) Current Federal lead abatement programs, such as the
        Lead Hazard Control Grant Program of the Department of Housing
        and Urban Development, only have resources sufficient to make
        approximately 7,000 homes lead-safe each year. In many cases,
        when State and local public health departments identify a lead-
        poisoned child, resources are insufficient to reduce or
        eliminate the hazards.
            (6) Approximately 15 percent of children are lead-poisoned
        by home renovation projects performed by remodelers who fail to
        follow basic safeguards to control lead dust.
            (7) Old windows typically pose significant risks because
        wood trim is more likely to be painted with lead-based paint,
        moisture causes paint to deteriorate, and friction generates
        lead dust. The replacement of old windows that contain lead
        based paint significantly reduces lead poisoning hazards in
        addition to producing significant energy savings.
    (c) Purpose.--The purpose of this section is to encourage the safe
removal of lead hazards from homes and thereby decrease the number of
children who suffer reduced intelligence, learning difficulties,
behavioral problems, and other health consequences due to lead-
poisoning.

SEC. 2. LEAD ABATEMENT TAX CREDIT.

    (a) In General.--Subpart B of part IV of subchapter A of chapter 1
(relating to foreign tax credit, etc.) is amended by adding at the end
the following new section:

``SEC. 30B. HOME LEAD ABATEMENT.

    ``(a) Allowance of Credit.--There shall be allowed as a credit
against the tax imposed by this chapter an amount equal to 50 percent
of the abatement cost paid or incurred by the taxpayer during the
taxable year for each eligible dwelling unit of the taxpayer.
    ``(b) Limitation.--The amount of the credit allowed under
subsection (a) for any eligible dwelling unit shall not exceed--
            ``(1) $1,500, over
            ``(2) the aggregate cost taken into account under
        subsection (a) with respect to such unit for all preceding
        taxable years.
    ``(c) Definitions and Special Rules.--For purposes of this section:
            ``(1) Abatement cost.--
                    ``(A) In general.--The term `abatement cost' means,
                with respect to any eligible dwelling unit--
                            ``(i) the cost for a certified risk
                        assessor to conduct an assessment to determine
                        the presence of a lead-based paint hazard,
                            ``(ii) the cost for a certified lead
                        abatement supervisor to perform the removal of
                        paint and dust, the permanent enclosure or
                        encapsulation of lead-based paint, the
                        replacement of painted surfaces or fixtures, or
                        the removal or permanent covering of soil when
                        lead-based paint hazards are present in such
                        paint, dust, or soil,
                            ``(iii) the cost for a certified lead
                        abatement supervisor to perform all
                        preparation, cleanup, disposal, and
                        postabatement clearance testing activities
                        associated with the activities described in
                        clause (ii), and
                            ``(iv) costs incurred by or on behalf of
                        any occupant of such dwelling unit for any
                        relocation which is necessary to achieve
                        occupant protection (as defined under section
                        1345 of title 24, Code of Federal Regulations).
                    ``(B) Limitation.--The term `abatement cost' does
                not include any cost to the extent such cost is funded
                by any grant, contract, or otherwise by another person
                (or any governmental agency).
            ``(2) Eligible dwelling unit.--
                    ``(A) In general.--The term `eligible dwelling
                unit' means any dwelling unit--
                            ``(i) placed in service before 1978,
                            ``(ii) located in the United States, and
                            ``(iii) determined by a certified risk
                        assessor to have a lead-based paint hazard.
                    ``(B) Dwelling unit.--The term `dwelling unit' has
                the meaning given such term by section 280A(f)(1).
            ``(3) Lead-based paint hazard.--The term `lead-based paint
        hazard' has the meaning given such term under part 745 of title
        40, Code of Federal Regulations.
            ``(4) Certified lead abatement supervisor.--The term
        `certified lead abatement supervisor' means an individual
        certified by the Environmental Protection Agency pursuant to
        section 745.226 of title 40, Code of Federal Regulations, or an
        appropriate State agency pursuant to section 745.325 of title
        40, Code of Federal Regulations.
            ``(5) Certified inspector.--The term `certified inspector'
        means an inspector certified by the Environmental Protection
        Agency pursuant to section 745.226 of title 40, Code of Federal
        Regulations, or an appropriate State agency pursuant to section
        745.325 of title 40, Code of Federal Regulations.
            ``(6) Certified risk assessor.--The term `certified risk
        assessor' means a risk assessor certified by the Environmental
        Protection Agency pursuant to section 745.226 of title 40, Code
        of Federal Regulations, or an appropriate State agency pursuant
        to section 745.325 of title 40, Code of Federal Regulations.
            ``(7) Documentation required for credit allowance.--No
        credit shall be allowed under subsection (a) with respect to
        any eligible dwelling unit unless--
                    ``(A) after lead abatement is complete, a certified
                inspector or certified risk assessor provides written
                documentation to the taxpayer that includes--
                            ``(i) a certification that the
                        postabatement procedures (as defined by section
                        745.227 of title 40, Code of Federal
                        Regulations) have been performed and that the
                        unit does not contain lead dust hazards (as
                        defined by section 745.227(e)(8)(viii) of title
                        40, Code of Federal Regulations), and
                            ``(ii) documentation showing that the lead
                        abatement meets the requirements of this
                        section, and
                    ``(B) the taxpayer files with the appropriate State
                agency--
                            ``(i) the documentation described in
                        subparagraph (A),
                            ``(ii) a receipt from the certified risk
                        assessor documenting the costs of determining
                        the presence of a lead-based paint hazard,
                            ``(iii) a receipt from the certified lead
                        abatement supervisor documenting the abatement
                        cost (other than the costs described in
                        paragraph (1)(A)(i)), and
                            ``(iv) a statement indicating the age of
                        the dwelling unit.
            ``(8) Basis reduction.--The basis of any property for which
        a credit is allowable under subsection (a) shall be reduced by
        the amount of such credit (determined without regard to
        subsection (d)).
    ``(d) Limitation Based on Amount of Tax.--The credit allowed under
subsection (a) for the taxable year shall not exceed the excess of--
            ``(1) the sum of the regular tax liability (as defined in
        section 26(b)) plus the tax imposed by section 55, over
            ``(2) the sum of the credits allowable under subpart A and
        sections 27, 29, 30, and 30A for the taxable year.
    ``(e) Carryforward Allowed.--
            ``(1) In general.--If the credit amount allowable under
        subsection (a) for a taxable year exceeds the amount of the
        limitation under subsection (d) for such taxable year (referred
        to as the `unused credit year' in this subsection), such excess
        shall be allowed as a credit carryforward for each of the 20
        taxable years following the unused credit year.
            ``(2) Rules.--Rules similar to the rules of section 39
        shall apply with respect to the credit carryforward under
        paragraph (1).''.
    (b) Conforming Amendments.--
            (1) Section 1016(a) is amended by striking ``and'' in
        paragraph (27), by striking the period and inserting ``, and''
        in paragraph (28), and by inserting at the end the following
        new paragraph:
            ``(29) in the case of an eligible dwelling unit with
        respect to which a credit for lead abatement was allowed under
        section 30B, to the extent provided in section 30B(c)(8).''.
            (2) The table of sections for subpart B of part IV of
        subchapter A of chapter 1 is amended by inserting after the
        item relating to section 30A the following new item:

        ``Sec. 30B. Home lead abatement.''.
    (c) Effective Date.--The amendments made by this section shall
apply to abatement costs incurred after December 31, 2003, in taxable
years ending after that date.

Output: Home Lead Safety Tax Credit Act of 2003 - Amends the Internal Revenue Code to provide owners of residential properties built in the United States before 1978 with a tax credit for lead-based paint abatement costs performed by a certified lead abatement contractor (50 percent of the cost of the abatement, not to exceed $1,500 per dwelling unit).