Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Syria Humanitarian Support and
Democratic Transition Assistance Act of 2012''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) In March 2011, peaceful demonstrations in Syria began
        against the authoritarian rule of Bashar al-Assad. The regime
        responded with terrible violence against the citizens of Syria,
        including the use of weapons of war, torture, extrajudicial
        killings, arbitrary executions, sexual violence, and
        interference with access to medical treatment.
            (2) In December 2011, the Government of Syria agreed to
        allow an Arab League observer group into the country to assess
        the humanitarian and political situation on the ground.
        However, on January 28, 2012, the League officially ended its
        observer mission, citing escalating violence and the
        intransigence of the Assad regime.
            (3) In February 2012, the group Friends of the Syrian
        People met in Tunis and issued a declaration demanding, among
        other things, that the Syrian regime ``allow free and unimpeded
        access by the UN and humanitarian agencies to carry out a full
        assessment of needs''.
            (4) On March 16, 2012, United Nations and League of Arab
        States Special Envoy Kofi Annan presented a six-point peace
        plan for Syria that called on the Government of Syria to, among
        other things--
                    (A) commit to stop the fighting and urgently
                achieve a United Nations-supervised cessation of
                violence;
                    (B) cease military activity in and around civilian
                population centers;
                    (C) work with the Envoy in an inclusive Syrian-led
                political process;
                    (D) ensure timely provision of humanitarian
                assistance;
                    (E) release arbitrarily detained persons;
                    (F) ensure freedom of movement for journalists; and
                    (G) respect the freedom of association and the
                right to demonstrate peacefully.
            (5) In March 2012, the United Nations Refugee Agency
        (UNHCR) appealed for $84,100,000 to assist approximately 30,000
        Syrian refugees living outside the country. Panos Moumtzis was
        appointed Regional Refugee Coordinator for Syria by UNHCR,
        indicating the importance of responding to the growing needs of
        Syrian refugees.
            (6) In April 2012, the group Friends of the Syrian People
        met in Istanbul and committed to increase pressure on the Assad
        regime, provide greater humanitarian relief to people in need,
        and support the Syrian opposition as it works toward an
        inclusive democratic transition.
            (7) As of July 2012, the London-based Syrian Observatory
        for Human Rights estimated that more than 20,000 people have
        been killed as a result of the violence in Syria, while the
        United Nations has reportedly stopped keeping track of casualty
        numbers due to the difficulty in obtaining accurate information
        from inside Syria.
            (8) As a result of the violence, the United Nations
        estimates that 1,500,000 people are in need of humanitarian
        assistance, including access to food, water, shelter, and
        medical care. Basic services such as health care, education,
        and electricity have also been cut off in some parts of the
        country.
            (9) Syria faces growing food insecurity, as wheat harvests
        have declined due to drought. The United Nations expects aid
        agencies to provide food aid to 850,000 Syrians in July 2012,
        up from 500,000 the previous month.
            (10) Hundreds of thousands of Syrians have fled the country
        due to escalating violence. According to the United Nations,
        there are more than 100,000 Syrian refugees registered in
        Lebanon, Turkey, Jordan, and Iraq, and even more who are
        unregistered. According to the Syrian Arab Red Crescent,
        hundreds of thousands of Syrians are displaced within the
        country. More than three-quarters of refugees and internally
        displaced persons are women and children, who are particularly
        vulnerable to economic and physical insecurity.
            (11) In June 2012, UNHCR more than doubled its appeal for
        assistance for Syrian refugees to $193,000,000, reflecting the
        significant increase in the number of refugees in need of
        assistance.
            (12) The United Nations requested an additional
        $189,000,000 to meet humanitarian needs inside Syria. According
        to a United Nations spokesperson, only about 20 percent of
        these appeals have been funded. In July 2012, John Ging,
        Director of Operations for the United Nations Office for the
        Coordination of Humanitarian Affairs, said, ``If we don't get
        more money, people will die.''
            (13) The United Nations Children's Fund (UNICEF) issued an
        urgent appeal for $20,000,000 to meet the emergency needs of
        children and young people who have fled the violence in Syria.
        UNICEF estimates that it will need to provide humanitarian
        support and basic services to approximately 90,000 Syrian
        children between July and December 2012. As of July 2012,
        UNICEF has received less than $6,000,000 to provide support and
        protection to the most vulnerable victims of the crisis in
        Syria.
            (14) An agreement between the United Nations and the Syrian
        regime to facilitate the delivery of humanitarian assistance in
        the country has allowed aid workers greater access to victims
        of the conflict. However, staff of the International Committee
        of the Red Cross and the Syrian Arab Red Crescent cite security
        concerns as a major obstacle to aid distribution. The
        Government of Syria is also refusing to grant visas for aid
        workers from countries that have criticized the regime,
        including the United States, Canada, the United Kingdom, and
        France.
            (15) In July 2012, Human Rights Watch reported widespread
        torture and mistreatment of political prisoners being held in
        detention facilities managed by intelligence agencies of the
        Government of Syria. The report cites overcrowding, denial of
        adequate food and medical assistance, and the routine use of a
        wide range of torture methods. The report also raised concerns
        that authorities in Syria could choose to kill detainees rather
        than allow them to be released in the event of a political
        transition.
            (16) As of July 2012, the United States Government has
        pledged $52,000,000 in humanitarian and non-lethal assistance
        to Syria.
            (17) According to the Unclassified Report to Congress on
        the Acquisition of Technology Relating to Weapons of Mass
        Destruction and Advanced Conventional Munitions Covering 1
        January to 31 December 2011, ``Syria has had a [chemical
        weapons] program for many years and has a stockpile of CW
        agents, which can be delivered by aerial bombs, ballistic
        missiles, and artillery rockets.'' In a hearing before the
        Committee on Armed Services of the Senate in March 2012,
        Chairman of the Joint Chiefs of Staff General Martin Dempsey
        testified that the magnitude of Syria's chemical weapons
        arsenal was ``100 times more than we experienced in Libya''.
        The Government of Syria's stockpiles are thought to include
        mustard, sarin, and VX gases.
            (18) There are concerns about the existence of numerous
        rebel militias and their role in Syria during a post-transition
        period. On June 30, 2012, during an international meeting on
        Syria in Geneva, Special Envoy Kofi Annan said, ``A transition
        must be implemented in a climate of safety for all, stability
        and calm, including completion of withdrawals and the
        disarming, demobilization and reintegration of armed groups.''

SEC. 3. STATEMENT OF POLICY.

    It is the policy of the United States--
            (1) to strongly condemn the ongoing violence and widespread
        human rights violations perpetrated against the Syrian people
        by the regime of President Bashar al-Assad;
            (2) to promote the protection of civilians and innocent
        victims of the conflict in Syria, particularly women and
        children who are displaced and vulnerable to physical
        exploitation;
            (3) to assist the people of Syria in meeting basic needs,
        including access to food, health care, shelter, and clean
        drinking water;
            (4) to support efforts of democratically oriented political
        opposition groups in Syria to agree upon a political transition
        plan that is inclusive and reflects the democratic aspirations
        of all minority ethnic groups in the country;
            (5) to work with the international community, including
        multilateral organizations and host countries, to support
        Syrian refugees living in Lebanon, Turkey, Jordan, and Iraq;
            (6) to support efforts to identify, recover, and dispose of
        chemical weapons and other conventional and unconventional
        weapons stockpiled in Syria; and
            (7) to help ensure that, once a stable transitional
        government is established in Syria, it is committed to
        multiparty democracy, open and transparent governance, respect
        for human rights and religious freedom, promoting peace and
        stability with its neighbors, enhancing the rule of law, and
        rehabilitating and reintegrating former combatants.

SEC. 4. SPECIAL ENVOY FOR SYRIA.

    (a) Appointment of Special Envoy.--Not later than 30 days after the
date of the enactment of this Act, the President shall appoint a
Special Envoy for Syria to coordinate United States engagement with the
country and to ensure that the United States Government supports
efforts to bring about a democratic transition in Syria.
    (b) Duties.--The Special Envoy for Syria should be given a clear
mandate--
            (1) to direct United States Government efforts to provide
        assistance to civilians and innocent victims of the conflict in
        Syria;
            (2) to provide detailed assessments of challenges and
        progress on the ground in Syria with regard to providing
        humanitarian relief, supporting an inclusive political
        transition, assisting internally displaced persons and
        refugees, reintegrating former combatants, and securing
        conventional and unconventional weapons; and
            (3) to pursue a peaceful, inclusive democratic future for
        Syria that protects the rights of all ethnic and religious
        minorities.
    (c) Staffing and Resources.--The Special Envoy for Syria should be
provided with appropriate resources, including adequate staffing in the
region and in Washington, District of Columbia.

SEC. 5. BILATERAL ASSISTANCE TO SYRIA.

    (a) Authority.--The President should--
            (1) provide enhanced support for humanitarian activities
        taking place in and outside Syria, including the provision of
        food, water, and medical supplies;
            (2) support efforts for a peaceful resolution of the
        conflict in Syria as well as the establishment of an inclusive
        representative form of government in Syria;
            (3) continue to encourage the participation of all groups,
        including women, business leaders, civil society organizations,
        traditional and religious leaders, and minority groups in
        efforts for a peaceful resolution of the conflict and political
        transition in Syria;
            (4) encourage the Arab League and other international
        bodies to insist that transitional and future governments are
        committed to multiparty democracy, open and transparent
        governance, respect for human rights and religious freedom,
        ending the violence throughout the country, promoting peace and
        stability with Syria's neighbors, enhancing the rule of law and
        combating corruption, and rehabilitating and reintegrating
        former combatants;
            (5) contribute to future capacity building for governing
        institutions after a political transition takes place in Syria;
        and
            (6) support post-transition efforts, including programs for
        demobilizing and reintegrating former combatants.
    (b) Funding.--
            (1) Fiscal years 2013 and 2014.--Of the amounts made
        available to carry out the Foreign Assistance Act of 1961 (22
        U.S.C. 2151 et seq.) for fiscal years 2013 and 2014, such sums
        as may be necessary should be allocated for bilateral
        assistance programs in Syria.
            (2) Future funding.--It is the sense of Congress that the
        Department of State should submit a budget request for fiscal
        year 2014 that contains an appropriate increase in bilateral
        and multilateral assistance for Syria based on progress by the
        Government of Syria toward accomplishing the policy objectives
        described in section 3.
            (3) Availability.--Amounts appropriated pursuant to the
        authorization of appropriations under paragraphs (1) and (2)--
                    (A) are authorized to remain available until
                expended; and
                    (B) are in addition to funds otherwise available
                for such purposes.
    (c) Coordination With Other Donor Nations.--The United States
should work with other donor nations, on a bilateral and multilateral
basis, to increase international contributions to the people of Syria
and accomplish the policy objectives described in section 3.

SEC. 6. INCREASING CONTRIBUTIONS AND OTHER HUMANITARIAN AND DEVELOPMENT
              ASSISTANCE THROUGH INTERNATIONAL ORGANIZATIONS.

    The President should instruct the United States permanent
representative or executive director, as the case may be, to the United
Nations voluntary agencies, including the World Food Program, the
United Nations Development Program, and the United Nations High
Commissioner for Refugees, and other appropriate international
organizations to use the voice and vote of the United States to support
additional humanitarian and development assistance for the people of
Syria in order to accomplish the policy objectives described in section
3.

SEC. 7. INCREASING BILATERAL ASSISTANCE TO COUNTRIES THAT HOST SYRIAN
              REFUGEES.

    (a) Authority.--The President should increase bilateral funding to
countries, including Iraq, Jordan, Turkey, and Lebanon, that have
experienced an influx of refugees from Syria.
    (b) Funding for Fiscal Years 2013 and 2014.--Of the amounts made
available to carry out the Foreign Assistance Act of 1961 (22 U.S.C.
2151 et seq.) for fiscal years 2013 and 2014, such sums as may be
necessary should be allocated for bilateral refugee assistance programs
in the countries surrounding Syria.

SEC. 8. COORDINATION OF INTERNATIONAL ASSISTANCE FOR SYRIA.

    (a) Establishment.--Not later than 30 days after the date of the
enactment of this Act, the President shall instruct the Secretary of
State to work with the appropriate United Nations agencies, regional
organizations, nongovernmental organizations, and the broader
international community to establish an international donors group to
maximize resources and efficiently provide humanitarian assistance to
the people of Syria.
    (b) Purpose.--The purpose of the donors group shall be to
coordinate resources for the following activities in Syria and the
region:
            (1) Providing humanitarian relief to civilians impacted by
        the violence in Syria and Syrian refugees in surrounding
        countries.
            (2) Supporting inclusive post-transitional governance and
        the establishment of the rule of law.
            (3) Supporting disarmament, demobilization, and
        reintegration of combatants and members of militias.
    (c) Annual Report.--The Department of State shall submit a report
on the specific programs, projects, and activities carried out by the
donors group during the preceding year, including an evaluation of the
results of such programs, projects, and activities.

SEC. 9. SECURING UNCONVENTIONAL WEAPONS IN SYRIA.

    (a) Transition Plan.--The United States should work with regional
partners to develop a plan, to be implemented in the event of a
political transition, to--
            (1) identify and secure conventional and unconventional
        weapons stockpiles in Syria;
            (2) recover and dispose of all unconventional weapons
        stockpiled in Syria, with particular attention to chemical
        weapons; and
            (3) prevent the illicit sale or transfer of conventional
        and unconventional weapons out of Syria in order to preclude
        regional weapons proliferation.
    (b) Sense of Congress.--It is the sense of Congress that the
Department of State should submit a budget request for fiscal year 2014
that contains an increase in bilateral nonproliferation, demining, and
anti-terrorism assistance for Syria toward accomplishing the policy
objectives described in this section.

SEC. 10. REPORT ON HUMANITARIAN AND STABILIZATION EFFORTS IN SYRIA.

    Not later than 60 days after the date of the enactment of this Act,
and annually thereafter, the President shall submit to Congress a
detailed report on the implementation of this Act, including a
description of--
            (1) progress made as a result of humanitarian and
        stabilization efforts, including refugee assistance in Syria;
            (2) progress made toward establishing an inclusive,
        democratic government that protects the rights of all Syrians;
        and
            (3) key challenges, gaps, and obstacles to further
        enhancing stability and peace in Syria, including between Syria
        and its neighbors.

Output:
Syria Humanitarian Support and Democratic Transition Assistance Act of 2012 - Directs the President to appoint a Special Envoy for Syria to coordinate U.S. engagement with the country and to ensure U.S. support for efforts to bring about a democratic transition in Syria.

Urges the President to: (1) support humanitarian activities taking place in and outside Syria, (2) support efforts for a peaceful resolution of the conflict in Syria, and (3) contribute to future capacity building for governing institutions after a political transition takes place in Syria.

Urges: (1) the allocation of funding for bilateral assistance programs in Syria; and (2) the United States to work with other donor nations to increase international contributions for the people of Syria; (3) the President to increase bilateral funding to countries, including Iraq, Jordan, Turkey, and Lebanon, that have experienced an influx of Syrian refugees; and (4) the United States to work with regional partners to secure conventional and unconventional weapons stockpiles in Syria and prevent their illicit sale or transfer out of Syria.

Directs the President to instruct the Secretary of State to work with the appropriate United Nations (U.N.) agencies, regional organizations, nongovernmental organizations, and the broader international community to establish an international donors group to provide humanitarian assistance for the people of Syria.


Input:
SECTION 1. SHORT TITLE; REFERENCES.

    (a) Short Title.--This Act may be cited as the ``Higher Education
Fairness Act of 1997''.
    (b) References.--Except as otherwise expressly provided, whenever
in this Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provision of the
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).

SEC. 2. FAMILY CONTRIBUTION FOR DEPENDENT STUDENTS.

    (a) Parents' Available Income.--Section 475(c)(1) is amended--
            (1) by striking ``and'' at the end of subparagraph (D);
            (2) by striking the period at the end of subparagraph (E)
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(F) the amount of any tax credit taken by the
                parents under section 25A of the Internal Revenue Code
                of 1986.''.
    (b) Student Contribution From Available Income.--Section 475(g)(2)
is amended--
            (1) by striking ``and'' at the end of subparagraph (C);
            (2) by striking ``$1,750'' in subparagraph (D) and
        inserting ``$2,250 (or a successor amount prescribed by the
        Secretary under section 478)'';
            (3) by striking the period at the end of subparagraph (D);
        and
            (4) by inserting after subparagraph (D) the following new
        subparagraph:
                    ``(E) the amount of any tax credit taken by the
                student under section 25A of the Internal Revenue Code
                of 1986.''.

SEC. 3. FAMILY CONTRIBUTION FOR INDEPENDENT STUDENTS WITHOUT DEPENDENTS
              OTHER THAN A SPOUSE.

    (a) Family's Contribution From Available Income.--Section
476(b)(1)(A) (20 U.S.C. 1087pp(b)(1)(A)) is amended--
            (1) by striking ``and'' at the end of clause (iv); and
            (2) by inserting after clause (v) the following new clause:
                            ``(vi) the amount of any tax credit taken
                        under section 25A of the Internal Revenue Code
                        of 1986; and''.
    (b) Income Protection Allowances.--Section 476(b)(1)(A)(iv) is
amended--
            (1) by striking ``allowance of--'' and inserting
        ``allowance of the following amount (or a successor amount
        prescribed by the Secretary under section 478):'';
            (2) by striking ``$3,000'' each place it appears in
        subclauses (I) and (II) and inserting ``$5,500''; and
            (3) by striking ``$6,000'' in subclause (III) and inserting
        ``$8,500''.

SEC. 4. FAMILY CONTRIBUTION FOR INDEPENDENT STUDENTS WITH DEPENDENTS
              OTHER THAN A SPOUSE.

    Section 477(b)(1) (20 U.S.C. 1087qq(b)(1)) is amended--
            (1) by striking ``and'' at the end of subparagraph (D);
            (2) by striking the period at the end of subparagraph (E)
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(F) the amount of any tax credit taken under
                section 25A of the Internal Revenue Code of 1986.''.

SEC. 5. REGULATIONS; UPDATED TABLES AND AMOUNTS.

    Section 478(b) (20 U.S.C. 1087rr(b)) is amended--
            (1) by striking ``For each academic year'' and inserting
        the following:
            ``(1) Revised tables.--For each academic year''; and
            (2) by adding at the end the following new paragraph:
            ``(2) Revised amounts.--For each academic year after
        academic year 1997-1998, the Secretary shall publish in the
        Federal Register revised income protection allowances for the
        purpose of sections 475(g)(2)(D) and 476(b)(1)(A)(iv). Such
        revised allowances shall be developed by increasing each of the
        dollar amounts contained in such section by a percentage equal
        to the estimated percentage increase in the Consumer Price
        Index (as determined by the Secretary) between December 1996
        and the December next preceding the beginning of such academic
        year, and rounding the result to the nearest $10.''.

SEC. 6. DEFINITIONS.

    (a) Total Income.--Section 480(a)(2) (20 U.S.C. 1087vv(a)(2)) is
amended--
            (1) by striking ``individual, and'' and inserting
        ``individual,''; and
            (2) by inserting ``, and no portion of any tax credit taken
        under section 25A of the Internal Revenue Code of 1986'' before
        ``shall be included''.
    (b) Excludable Income.--Section 480(e) is amended
            (1) by striking ``and'' at the end of paragraph (3);
            (2) by striking the period at the end of paragraph (4) and
        inserting ``; and''; and
            (3) by adding after paragraph (4) the following new
        paragraph:
            ``(5) any tax credit taken under section 25A of the
        Internal Revenue Code of 1986.''.
    (c) Other Financial Assistance.--Section 480(j) is amended by
adding at the end the following new paragraph:
    ``(4) Notwithstanding paragraph (1), a tax credit taken under
section 25A of the Internal Revenue Code of 1986 shall not be treated
as estimated financial assistance for purposes of section 471(3).''.

Output:
Higher Education Fairness Act of 1997 - Amends the Higher Education Act of 1965 to revise certain need analysis formulas for student assistance.
Requires deduction of the amount of the new Hope Scholarship and Lifetime Learning education expense tax credits taken under the Internal Revenue Code, as amended by the Taxpayer Relief Act of 1997 (Public Law 105-34), in calculating family available income for determination of expected family contribution (for all dependent and all independent students).  (Defines such tax credits as excludable income, not to be treated as estimated financial assistance, for student assistance calculation purposes.)
Increases the amounts of income protection allowances for dependent students and for independent students without dependents other than a spouse.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Civilian Volunteer Service Reserve
Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The changing threats and issues that face the Nation
        require a new and innovative approach to mobilizing the
        citizenry in times of need.
            (2) The Civilian Volunteer Service Reserve program offers a
        flexible approach to the needs of specific crises, such as
        natural disasters, incidents of terrorism, or other emergencies
        at home or abroad.
            (3) Citizenship entails responsibilities as well as rights.
        The Civilian Volunteer Service Reserve program will challenge
        all Americans to sacrifice for their country.
            (4) The Civilian Volunteer Service Reserve program will
        make it possible to draw on the vast array of skills and the
        ingenuity of ordinary Americans in times of need.

SEC. 3. ESTABLISHMENT.

    The Secretary of Homeland Security shall establish the Civilian
Volunteer Service Reserve (referred to in this Act as the ``Civilian
Reserve''), a national volunteer service corps ready for service in
response to domestic or international emergencies, or other
circumstances determined by the President pursuant to section 6.

SEC. 4. GENERAL AUTHORITY.

    The Secretary of Homeland Security shall appoint a Director and
such other officers as the Secretary considers appropriate to organize
and administer the Civilian Reserve program consistent with the
provisions of this Act. The Secretary is authorized to promulgate
regulations necessary to carry out this Act.

SEC. 5. ELIGIBILITY, COMMITMENT, AND REGISTRATION.

    (a) Eligibility.--All citizens and legal residents of the United
States over the age of 18 shall be eligible to serve in the Civilian
Reserve.
    (b) Commitment.--Individuals who volunteer with the Civilian
Reserve shall be enrolled for a 5-year period, and shall be expected
during such period to serve in full-time active duty status for a total
period of 6 months, when called to such service under section 6. There
shall be no limit to the number of 5-year periods of service that an
individual may register to serve.
    (c) Registration.--Registration for the Civilian Reserve shall be
administered in a manner determined by the Secretary of Homeland
Security. At minimum, such registration shall include--
            (1) the applicant's name, address, telephone number, Social
        Security number, and E-mail address;
            (2) the applicant's occupation, areas of study, and skills;
        and
            (3) the applicant's preference for local, national, or
        international service.

SEC. 6. MOBILIZATION.

    (a) Mobilization.--
            (1) In general.--The President shall have the authority to
        issue a voluntary call to action by issuing an executive order
        to mobilize certain members of the Civilian Reserve to full-
        time active duty status for a period not exceeding 6 months, in
        order to meet the pressing needs of the Nation in times of
        emergency, as determined by the President in consultation with
        the Secretary of Homeland Security.
            (2) Considerations.--In selecting members of the Civilian
        Reserve to call to action pursuant to paragraph (1), the
        President shall consider the relevant skills required by the
        emergency, the geographic location of the volunteers, and the
        logistics of such a mobilization.
            (3) Methodology of call to action.--To the extent
        practicable, for a voluntary call to action issued under
        paragraph (1), members of the Civilian Reserve shall be
        contacted via telephone, E-mail, and mail service.
    (b) Voluntary Acceptance of Call to Action.--Members of the
Civilian Reserve may choose to accept a call to action issued pursuant
to subsection (a)(1) and enter full-time active duty status for the
period specified in such call to action, not exceeding 6 months.
Members of the Civilian Reserve may also decline such a call to action,
so long as such members remain committed to serving in full-time active
duty status for some period or periods, not to exceed a total of 6
months, during their 5-year enrollment.
    (c) Mandatory Service.--The President may, under extreme
circumstances, issue a mandatory mobilization of members of the
Civilian Reserve, requiring such members to begin full-time active duty
service for a period not exceeding 6 months. Such mobilization may
apply to any members of the Civilian Reserve notwithstanding whether
such members have fulfilled their expected 6-month period of service
described in section 5(b) prior to such mandatory mobilization.
Exemptions from such mandatory service shall be made for hardship due
to family or other circumstances, upon appeal by an individual member
of the Civilian Reserve.

SEC. 7. FULL-TIME ACTIVE DUTY SERVICE AND BENEFITS.

    (a) In General.--Members of the Civilian Reserve serving in full-
time active duty status shall work side-by-side with officers and
agencies of the Federal, State, and local governments, non-profit and
non-governmental organizations, supplementing but not supplanting
existing systems for responding to emergencies and other pressing
needs.
    (b) Transportation and Accommodations.--The Civilian Reserve
program shall provide members serving in full-time active duty status
with any necessary transportation and accommodations in order to
facilitate such service.
    (c) Stipend.--Members of the Civilian Reserve serving in full-time
active duty status shall receive a stipend in order to pay for
necessary cost of living expenses, for such period of full-time active
duty status. The amount of the stipend shall be determined by the
Secretary of Homeland Security.
    (d) Health Insurance.--Members of the Civilian Reserve serving in
full-time active duty status shall be eligible for health insurance
under a program to be established, by regulation, by the Secretary of
Homeland Security.
    (e) Reemployment Protection.--The Secretary of Homeland Security
shall promulgate regulations to provide reemployment protection and
other benefits for members of the Civilian Reserve who complete a
period of full-time active duty service.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary of
Homeland Security such sums as may be necessary for fiscal years 2005
through 2009 to carry out this Act.

Output:
Civilian Volunteer Service Reserve Act - Requires the Secretary of Homeland Security to establish the Civilian Volunteer Service Reserve to respond to domestic or international emergencies or other circumstances determined by the President.

Permits a U.S. citizen or legal resident over the age of 18 to enroll for a five-year commitment in the Reserve during which he or she shall be expected to serve in a full-time active duty status for 6 months.

Authorizes the President to issue a voluntary call of action as an executive order to mobilize members of the Civilian Reserve to active duty status in times of emergency. Allows members of the Civilian Reserve to accept or decline a call to action except under extreme circumstances that require mandatory mobilization.

Prescribes benefits and reemployment protection for members serving in full-time active duty status.


Input:
SECTION 1. GRANT OF FEDERAL CHARTER TO AMERICAN MILITARY RETIREES
              ASSOCIATION.

    (a) Grant of Charter.--Part B of subtitle II of title 36, United
States Code, is amended by inserting after chapter 1403 the following
new chapter:

         ``CHAPTER 1404--AMERICAN MILITARY RETIREES ASSOCIATION

``Sec.
``140401. Organization.
``140402. Purposes.
``140403. Membership.
``140404. Governing body.
``140405. Powers.
``140406. Restrictions.
``140407. Tax-exempt status required as condition of charter.
``140408. Records and inspection.
``140409. Service of process.
``140410. Liability for acts of officers and agents.
``140411. Annual report.
``140412. Definition.
``Sec. 140401. Organization
    ``(a) Federal Charter.--American Military Retirees Association (in
this chapter, the `corporation'), a nonprofit organization that meets
the requirements for a veterans service organization under section
501(c)(19) of the Internal Revenue Code of 1986 and is organized under
the laws of the State of New York, is a federally chartered
corporation.
    ``(b) Expiration of Charter.--If the corporation does not comply
with the provisions of this chapter, the charter granted by subsection
(a) shall expire.
``Sec. 140402. Purposes
    ``(a) General.--The purposes of the corporation are as provided in
its bylaws and articles of incorporation and include--
            ``(1) encouraging military retirees to band together to
        protect earned benefits by educating on benefits available; and
            ``(2) advocating for the protection of earned benefits
        through active monitoring of legislation in Congress and the
        policies and proposals of the Department of Defense and the
        Department of Veterans Affairs.
``Sec. 140403. Membership
    ``Eligibility for membership in the corporation, and the rights and
privileges of members of the corporation, are as provided in the bylaws
of the corporation.
``Sec. 140404. Governing body
    ``(a) Board of Directors.--The composition of the board of
directors of the corporation, and the responsibilities of the board,
are as provided in the articles of incorporation and bylaws of the
corporation.
    ``(b) Officers.--The positions of officers of the corporation, and
the election of the officers, are as provided in the articles of
incorporation and bylaws.
``Sec. 140405. Powers
    ``The corporation has only those powers provided in its bylaws and
articles of incorporation filed in each State in which it is
incorporated.
``Sec. 140406. Restrictions
    ``(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
    ``(b) Distribution of Income or Assets.--The income or assets of
the corporation may not inure to the benefit of, or be distributed to,
a director, officer, or member of the corporation during the life of
the charter granted by this chapter. This subsection does not prevent
the payment of reasonable compensation to an officer or employee of the
corporation or reimbursement for actual necessary expenses in amounts
approved by the board of directors.
    ``(c) Loans.--The corporation may not make a loan to a director,
officer, employee, or member of the corporation.
    ``(d) Claim of Governmental Approval or Authority.--The corporation
may not claim congressional approval or the authority of the United
States Government for any of its activities.
    ``(e) Corporate Status.--The corporation shall maintain its status
as a corporation incorporated under the laws of the Commonwealth of
Virginia.
``Sec. 140407. Tax-exempt status required as condition of charter
    ``If the corporation fails to maintain its status as an
organization exempt from taxation under the Internal Revenue Code of
1986, the charter granted under this chapter shall terminate.
``Sec. 140408. Records and inspection
    ``(a) Records.--The corporation shall keep--
            ``(1) correct and complete records of account;
            ``(2) minutes of the proceedings of the members, board of
        directors, and committees of the corporation having any of the
        authority of the board of directors of the corporation; and
            ``(3) at the principal office of the corporation, a record
        of the names and addresses of the members of the corporation
        entitled to vote on matters relating to the corporation.
    ``(b) Inspection.--A member entitled to vote on any matter relating
to the corporation, or an agent or attorney of the member, may inspect
the records of the corporation for any proper purpose at any reasonable
time.
``Sec. 140409. Service of process
    ``The corporation shall comply with the law on service of process
of each State in which it is incorporated and each State in which it
carries on activities.
``Sec. 140410. Liability for acts of officers and agents
    ``The corporation is liable for any act of any officer or agent of
the corporation acting within the scope of the authority of the
corporation.
``Sec. 140411. Annual report
    ``The corporation shall submit to Congress an annual report on the
activities of the corporation during the preceding fiscal year. The
report shall be submitted at the same time as the report of the audit
required by section 10101(b) of this title. The report may not be
printed as a public document.
``Sec. 140412. Definition
    ``In this chapter, the term `State' includes the District of
Columbia and the territories and possessions of the United States.''.
    (b) Clerical Amendment.--The table of chapters at the beginning of
subtitle II of title 36, United States Code, is amended by inserting
after the item relating to chapter 1403 the following new item:

        ``1404. American Military Retirees Association.....   140401''.

Output: Grants a federal charter to the American Military Retirees Association.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United States Independent Film and
Television Production Incentive Act of 2003''.

SEC. 2. TAX INCENTIVES FOR QUALIFIED UNITED STATES INDEPENDENT FILM AND
              TELEVISION PRODUCTION.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following new section:

``SEC. 45G. UNITED STATES INDEPENDENT FILM AND TELEVISION PRODUCTION
              WAGE CREDIT.

    ``(a) Amount of Credit.--For purposes of section 38, the United
States independent film and television production wage credit
determined under this section with respect to any eligible taxpayer for
any taxable year is an amount equal to 25 percent of the qualified
wages paid or incurred per qualified United States independent film and
television production during such taxable year.
    ``(b) Only First $25,000 of Wages per Production Taken Into
Account.--With respect to each qualified United States independent film
and television production, the amount of qualified wages paid or
incurred to each qualified employee or personal service corporation
which may be taken into account per such production shall not exceed
$25,000.
    ``(c) Eligible Taxpayer.--For purposes of this section, the term
`eligible taxpayer' means any taxpayer substantially all of the total
gross income of which for the taxable year is derived from the active
conduct of qualified United States independent film and television
productions.
    ``(d) Qualified Wages.--For purposes of this section--
            ``(1) In general.--The term `qualified wages' means--
                    ``(A) any wages paid or incurred by an employer for
                services performed in the United States by an employee
                while such employee is a qualified employee,
                    ``(B) the employee fringe benefit expenses of the
                employer allocable to such services performed by such
                employee,
                    ``(C) any payments made to personal service
                corporations as defined in section 269A(b)(1) for
                services performed in the United States, and
                    ``(D) remuneration, other than wages, for services
                personally rendered in the United States.
            ``(2) Qualified employee.--
                    ``(A) In general.--The term `qualified employee'
                means, with respect to any period, any individual who
                renders personal services if substantially all of such
                services are performed during such period in an
                activity related to any qualified United States
                independent film and television production.
                    ``(B) Certain individuals not eligible.--Such term
                shall not include--
                            ``(i) any individual described in
                        subparagraph (A), (B), or (C) of section
                        51(i)(1), and
                            ``(ii) any 5-percent owner (as defined in
                        section 416(i)(1)(B)).
            ``(3) Coordination with other wage credits.--No credit
        shall be allowed under any other provision of this chapter for
        wages paid to any employee during any taxable year if the
        employer is allowed a credit under this section for any of such
        wages.
            ``(4) Wages.--The term `wages' has the same meaning as when
        used in section 51.
            ``(5) Employee fringe benefit expenses.--The term `employee
        fringe benefit expenses' means the amount allowable as a
        deduction under this chapter to the employer for any taxable
        year with respect to--
                    ``(A) employer contributions under stock bonus,
                pension, profit-sharing, or annuity plan,
                    ``(B) employer-provided coverage under any accident
                or health plan for employees, and
                    ``(C) the cost of life or disability insurance
                provided to employees.
        Any amount treated as wages under paragraph (1)(A) shall not be
        taken into account under this subparagraph.
    ``(e) Qualified United States Independent Film and Television
Production.--For purposes of this section--
            ``(1) In general.--The term `qualified United States
        independent film and television production' means any
        production described in paragraph (2) if--
                    ``(A) 75 percent of the total wages of the
                production are qualified wages,
                    ``(B) the production is created primarily for use
                as public entertainment or for educational purposes,
                and
                    ``(C) the total cost of the production which is
                taken into account for purposes of depreciation under
                section 167(g) is more than $200,000 but less than
                $7,500,000.
            ``(2) Production.--
                    ``(A) In general.--A production is described in
                this paragraph if such production is--
                            ``(i) any motion picture (whether released
                        theatrically, for television or cable
                        programming, or directly to video cassette or
                        disc or any other format),
                            ``(ii) any television or cable--
                                    ``(I) mini series,
                                    ``(II) season of an episodic
                                television series,
                                    ``(III) movie of the week, or
                                    ``(IV) single program not described
                                in any preceding subclause, or
                            ``(iii) any pilot production for any of the
                        productions described in clause (i) or (ii).
                    ``(B) Exception.--A production is not described in
                this paragraph if records are required under section
                2257 of title 18, United States Code, to be maintained
                with respect to any performer in such production
                (reporting of books, films, etc. with sexually explicit
                conduct).
            ``(3) Public entertainment.--The term `public
        entertainment' includes a motion picture film, video tape, or
        television program intended for initial broadcast via the
        public broadcast spectrum or delivered via cable distribution,
        or productions that are submitted to a national organization in
        existence on July 27, 2001, that rates films for violent or
        adult content. Such term does not include any film or tape the
        market for which is primarily topical, is otherwise essentially
        transitory in nature, or is produced for private noncommercial
        use.
    ``(f) Controlled Groups.--For purposes of this section--
            ``(1) all employers treated as a single employer under
        subsection (a) or (b) of section 52 shall be treated as a
        single employer for purposes of this subpart, and
            ``(2) the credit (if any) determined under this section
        with respect to each such employer shall be its proportionate
        share of the wages giving rise to such credit.
    ``(g) Application of Certain Other Rules.--For purposes of this
section, rules similar to the rules of section 51(k) and subsections
(c) and (d) of section 52 shall apply.
    ``(h) Election To Have Credit Not Apply.--
            ``(1) In general.--A taxpayer may elect to have this
        section not apply for any taxable year.
            ``(2) Manner of making election.--An election under
        paragraph (1) (or revocation thereof) shall be made in such
        manner as the Secretary may by regulations prescribe.''.
    (b) Credit Treated as Business Credit.--Section 38(b) of the
Internal Revenue Code of 1986 (relating to current year business
credit) is amended by striking ``plus'' at the end of paragraph (14),
by striking the period at the end of paragraph (15) and inserting ``,
plus'', and by adding at the end the following new paragraph:
            ``(16) the United States independent film and television
        production wage credit determined under section 45G(a).''.
    (c) No Carrybacks.--Subsection (d) of section 39 of the Internal
Revenue Code of 1986 (relating to carryback and carryforward of unused
credits) is amended by adding at the end the following:
            ``(11) No carryback of section 45g credit before effective
        date.--No portion of the unused business credit for any taxable
        year which is attributable to the United States independent
        film and television production wage credit determined under
        section 45G may be carried back to a taxable year ending before
        January 1, 2004.''.
    (d) Denial of Double Benefit.--Subsection (a) of section 280C of
the Internal Revenue Code of 1986 (relating to certain expenses for
which credits are available) is amended by inserting ``45G(a),'' after
``45A(a),''.
    (e) Conforming Amendments.--
            (1) Section 6501(m) of the Internal Revenue Code of 1986 is
        amended by inserting ``45G(h),'' after ``45C(d)(4),''.
            (2) The table of sections for subpart D of part IV of
        subchapter A of chapter 1 of such Code is amended by adding at
        the end the following new item:

                              ``Sec. 45G. United States independent
                                        film and television production
                                        wage credit.''.
    (f) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred in taxable years ending after
December 31, 2003.

Output: United States Independent Film and Television Production Incentive Act of 2003 - Amends the Internal Revenue Code to establish an annual tax credit for 25 percent of up to the first $25,000 of qualified wages paid or incurred per qualified U.S. independent film and television production.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Southern Border Security Assistance
Act''.

SEC. 2. FINDINGS; SENSE OF CONGRESS.

    (a) Findings.--Congress finds the following:
            (1) The United States and Mexico have recently experienced
        a significant increase in violence along the international
        border between the 2 countries.
            (2) The international border between the United States and
        Mexico is being used as a gateway for drug cartels and criminal
        enterprises that are illegally trafficking guns, people, and
        drugs.
            (3) The partnership between the United States and Mexican
        governments is critical--
                    (A) to address recent border violence; and
                    (B) to ensure the continued flow of legitimate
                cross-border commerce, traffic and trade.
            (4) The national security of the United States is
        paramount.
            (5) While it is the job of the Federal Government to
        protect national security by securing our Nation's borders,
        State, local, and tribal law enforcement entities also provide
        the first line of defense on the border and are critical first
        responders to national security or public safety threats.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) providing financial assistance for law enforcement
        initiatives with our Mexican partners is important; and
            (2) in addition to such assistance, Congress must provide
        immediate resources and equipment to State and local law
        enforcement entities that are currently responding to border
        violence and criminal activities on a daily basis.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Law enforcement entity.--The term ``law enforcement
        entity'' means an entity that--
                    (A) is a State, county, or city agency, a State or
                local police or sheriff department or association, or a
                subdivision thereof;
                    (B) operates within 100 miles of the international
                border between the United States and Mexico; and
                    (C) employs personnel on a full- or part-time basis
                to engage in the prevention, detection, or
                investigation of violations of the criminal laws of the
                United States.
            (2) Southern border region.--The term ``Southern Border
        Region'' refers to counties that are located--
                    (A) within 100 miles of the international border
                between the United States and Mexico; and
                    (B) in the States of Arizona, California, New
                Mexico, and Texas.

SEC. 4. BORDER SECURITY ASSISTANCE GRANTS.

    (a) Authority.--
            (1) In general.--The Secretary of Homeland Security, in
        consultation with State and local law enforcement entities, is
        authorized to award border security assistance grants to law
        enforcement entities located in the Southern Border Region for
        the purposes described in subsection (b).
            (2) Priority.--In awarding grants under this section, the
        Secretary shall give priority to law enforcement agencies
        located in a county that is located within 25 miles of the
        international border between United States and Mexico.
    (b) Purposes.--To address drug trafficking, smuggling, and border
violence, a grant awarded under subsection (a) shall be used--
            (1) to obtain law enforcement equipment and tools,
        including secure 2-way communication devices, portable laptops
        and office computers, license plate readers, unmanned aerial
        vehicles, unmanned aircraft systems (UAS), manned aircraft,
        cameras with night viewing capabilities, and any other
        appropriate law enforcement equipment;
            (2) to hire additional personnel, including administrative
        support personnel, dispatchers, and jailers, and to provide
        overtime funding for such personnel;
            (3) to purchase law enforcement vehicles;
            (4) to provide for high performance aircrafts and
        helicopters for border surveillance and other critical mission
        applications and operational and maintenance costs associated
        with such craft;
            (5) to provide for critical power generation systems,
        infrastructure, and technological upgrades to support State and
        local data management systems and fusion centers; or
            (6) to provide for specialized training and for direct
        operating expenses associated with detecting and prosecuting
        drug trafficking, human smuggling, and other illegal activity
        or violence that occurs at or near the international border
        between the United States and Mexico.
    (c) Application.--
            (1) Requirement.--A law enforcement entity seeking a grant
        under subsection (a), or a nonprofit organization or coalition
        acting as an agent for 1 or more such law enforcement entities,
        shall submit an application to the Secretary that includes the
        information described in paragraph (2) at such time and in such
        manner as the Secretary may require.
            (2) Content.--An application submitted under paragraph (1)
        shall include--
                    (A) a description of the activities to be carried
                out with a grant awarded under subsection (a);
                    (B) if equipment will be purchased with the grant,
                a detailed description of the type and quantity of such
                equipment and of the personnel who will receive such
                equipment;
                    (C) a description of the need of the law
                enforcement entity for the grant, including a
                description of the inability of the entity to carry out
                the proposed activities without the grant; and
                    (D) an assurance that the entity will, to the
                extent practicable, seek, recruit, and hire members of
                racial and ethnic minority groups and women in the
                entity's law enforcement positions.
    (d) Review and Award.--
            (1) Review.--Not later than 90 days after the date an
        application submitted under subsection (c) is received by the
        Secretary, the Secretary shall review and approve or reject the
        application.
            (2) Award of funds.--Subject to the availability of
        appropriations, not later than 45 days after the date an
        application is approved under paragraph (1), the Secretary
        shall provide the grant funds to the applicant.
            (3) Priority.--In distributing grant funds under this
        subsection, priority shall be given to high-intensity areas for
        drug trafficking, smuggling, and border violence.

SEC. 5. ADDITIONAL DISTRICT JUDGES FOR BORDER STATES.

    (a) In General.--The President shall appoint, by and with the
advice and consent of the Senate--
            (1) 4 additional district judges for the district of
        Arizona;
            (2) 4 additional district judges for the central district
        of California;
            (3) 4 additional district judges for the eastern district
        of California;
            (4) 2 additional district judges for the northern district
        of California;
            (5) 1 additional district judge for the district of New
        Mexico;
            (6) 1 additional district judge for the eastern district of
        Texas;
            (7) 2 additional district judges for the southern district
        of Texas; and
            (8) 1 additional district judge for the western district of
        Texas.
    (b) Temporary Judgeships.--The President shall appoint, by and with
the advice and consent of the Senate--
            (1) 1 additional district judge for the district of
        Arizona;
            (2) 1 additional district judge for the central district of
        California;
            (3) 1 additional district judge for the northern district
        of California; and
            (4) 1 additional district judge for the district of New
        Mexico.
    (c) Vacancies.--For each of the judicial districts named in
subsection (b), the first vacancy arising on the district court at
least 10 years after a judge is first confirmed to fill the temporary
district judgeship created in that district pursuant to subsection (b)
shall not be filled.
    (d) Existing Judgeships.--The existing judgeships for the district
of Arizona and the district of New Mexico authorized under section
312(c) of the 21st Century Department of Justice Appropriations
Authorization Act (Public Law 107-273, 116 Stat. 1758), as of the
effective date of this Act, shall be authorized under section 133 of
title 28, United States Code, and the incumbents in those offices shall
hold the office under section 133 of title 28, United States Code.
    (e) Conforming Amendments.--The table contained in section 133(a)
of title 28, United States Code, is amended--
            (1) in the item relating to the district of Arizona, by
        striking ``12'' and inserting ``17'';
            (2) in the item relating to the central district of
        California, by striking ``27'' and inserting ``31'';
            (3) in the item relating to the eastern district of
        California, by striking ``6'' and inserting ``10'';
            (4) in the item relating to the northern district of
        California, by striking ``14'' and inserting ``16'';
            (5) in the item relating to the district of New Mexico, by
        striking ``6'' and inserting ``8'';
            (6) in the item relating to the eastern district of Texas,
        by striking ``7'' and inserting ``8'';
            (7) in the item relating to the southern district of Texas,
        by striking ``19'' and inserting ``21''; and
            (8) in the item relating to the western district of Texas,
        by striking ``13'' and inserting ``14''.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    (a) Grant Funding.--There is authorized to be appropriated
$300,000,000 for the 2-year period ending on September 30, 2012, for
grants issued under section 4.
    (b) Judicial Funding.--There are authorized to be appropriated to
the Attorney General for each of the fiscal years 2011 through 2013
such sums as may be necessary to carry out section 5, including the
hiring of necessary attorney and administrative support staff.

Output:
Southern Border Security Assistance Act - Expresses the sense of Congress that: (1) providing financial assistance for law enforcement initiatives with our Mexican partners is important; and (2) Congress must provide, in addition to such assistance, immediate resources and equipment to state and local law enforcement entities that are currently responding to border violence and criminal activities on a daily basis.

Authorizes the Secretary of Homeland Security (DHS) to award border security assistance grants to law enforcement entities located in the Southern Border Region to address drug trafficking, smuggling, and border violence.

Directs the President to appoint additional district judges for Arizona, California, New Mexico, and Texas.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Prosthetic and Custom Orthotic
Parity Act of 2009''.

SEC. 2. FINDINGS; PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) There are more than 1,800,000 people in the United
        States living with limb loss.
            (2) Every year, there are more than 130,000 people in the
        United States who undergo amputation.
            (3) In addition, United States military personnel serving
        in Iraq and Afghanistan and around the world have sustained
        traumatic injuries resulting in amputation.
            (4) The number of amputations in the United States is
        projected to increase in the years ahead due to rising
        incidence of diabetes and other chronic illness.
            (5) Those suffering from limb loss can and want to regain
        their lives as productive members of society.
            (6) Prosthetic devices enable amputees to continue working
        and living productive lives.
            (7) Insurance companies have begun to limit reimbursement
        of prosthetic equipment costs at unrealistic levels or not at
        all and often restrict coverage over a person's lifetime, which
        shifts costs onto the Medicare and Medicaid programs.
            (8) Eleven States have addressed this problem and have
        enacted prosthetic parity legislation.
            (9) Prosthetic parity legislation has been introduced and
        is being actively considered in 30 States.
            (10) The States in which prosthetic parity laws have been
        enacted have found there to be minimal or no increases in
        insurance premiums and have reduced Medicare and Medicaid
        costs.
            (11) Prosthetic parity legislation will not add to the size
        of government or to the costs associated with the Medicare or
        Medicaid programs.
            (12) If coverage for prosthetic devices and components are
        offered by a group health insurance policy, then providing such
        coverage of prosthetic devices on par with other medical and
        surgical benefits will not increase the incidence of
        amputations or the number of individuals for which a prosthetic
        device would be medically necessary and appropriate.
            (13) In States where prosthetic parity legislation has been
        enacted, amputees are able to return to a productive life,
        State funds have been saved, and the health insurance industry
        has continued to prosper.
            (14) Prosthetic services allow people to return more
        quickly to their preexisting work.
            (15) Spina bifida occurs in 7 out of every 10,000 live
        births in the United States.
            (16) For children with spina bifida, access to a custom
        orthotic device impacts both their short and long term
        mobility, their muscle strength, and overall quality of life.
        As they mature, the orthotic device allows them to maintain
        their maximum level of functionality. This has a profound
        impact on their ability to become and remain independent and
        productive members of the community.
            (17) Cerebral palsy is one of the most common congenital
        (existing before birth or at birth) disorders of childhood.
        About 10,000 babies per year in the United States will develop
        cerebral palsy.
            (18) The purpose of a custom orthotic device for people
        with cerebral palsy is to protect, such as stabilizing a
        fracture during healing; to prevent deformity, such as
        stretching braces worn while the person sleeps, to help prevent
        muscle contractures; and to improve function. This can help
        kids with cerebral palsy achieve maximum potential in growth
        and development.
            (19) If coverage for prosthetic and custom orthotic devices
        and related services is offered to individuals by a group
        health insurance policy, then providing such coverage of
        prosthetic and orthotic devices on par with other medical and
        surgical benefits will not increase the incidence of
        amputations or the number of individuals for which a prosthetic
        or custom orthotic device would be medically necessary and
        appropriate.
    (b) Purpose.--The purpose of this Act is to require that each group
health plan that provides both coverage for prosthetic devices and
components and medical and surgical benefits, provide such coverage
under terms and conditions that are no less favorable than the terms
and conditions under which such benefits are provided under such plan.

SEC. 3. PROSTHETICS AND CUSTOM ORTHOTIC DEVICE PARITY UNDER ERISA.

    (a) In General.--Subpart B of part 7 of subtitle B of title I of
the Employee Retirement Income Security Act of 1974 is amended by
inserting after section 713 (29 U.S.C. 1185b) the following new
section:

``SEC. 715. PROSTHETICS AND CUSTOM ORTHOTIC DEVICE PARITY.

    ``(a) In General.--In the case of a group health plan (or health
insurance coverage offered in connection with such a plan) that
provides both medical and surgical benefits and benefits for prosthetic
devices and components and orthotic devices (as defined under
subsection (d)(1))--
            ``(1) such benefits for prosthetic devices and components
        and custom orthotic devices and related services under the plan
        (or coverage) shall be provided under terms and conditions that
        are no less favorable than the terms and conditions applicable
        to substantially all medical and surgical benefits provided
        under the plan (or coverage);
            ``(2) such benefits for prosthetic devices and components
        and custom orthotic devices and related services under the plan
        (or coverage) may not be subject to separate financial
        requirements (as defined in subsection (d)(2)) that are
        applicable only with respect to such benefits, and any
        financial requirements applicable to such benefits may be no
        more restrictive than the financial requirements applicable to
        substantially all medical and surgical benefits provided under
        the plan (or coverage); and
            ``(3) any treatment limitations (as defined in subsection
        (d)(3)) applicable to such benefits for prosthetic devices and
        components and custom orthotic devices and related services
        under the plan (or coverage) may not be more restrictive than
        the treatment limitations applicable to substantially all
        medical and surgical benefits provided under the plan (or
        coverage).
    ``(b) In-Network and Out-of-Network Standards.--
            ``(1) In general.--In the case of a group health plan (or
        health insurance coverage offered in connection with such a
        plan) that provides both medical and surgical benefits and
        benefits for prosthetic devices and components and custom
        orthotic devices and related services, and that provides both
        in-network benefits for prosthetic devices and components and
        out-of-network benefits for prosthetic devices and components,
        the requirements of this section shall apply separately with
        respect to benefits provided under the plan (or coverage) on an
        in-network basis and benefits provided under the plan (or
        coverage) on an out-of-network basis.
            ``(2) Clarification.--Nothing in paragraph (1) shall be
        construed as requiring that a group health plan (or health
        insurance coverage offered in connection with such a plan)
        eliminate an out-of-network provider option from such plan (or
        coverage) pursuant to the terms of the plan (or coverage).
    ``(c) Additional Requirements.--
            ``(1) Prior authorization.--In the case of a group health
        plan (or health insurance coverage offered in connection with
        such a plan) that requires, as a condition of coverage or
        payment for prosthetic devices and custom orthotic devices and
        related services under the plan (or coverage), prior
        authorization, such prior authorization must be required in the
        same manner as prior authorization is required by the plan (or
        coverage) as a condition of coverage or payment for all similar
        benefits provided under the plan (or coverage).
            ``(2) Limitation on mandated benefits.--Required benefits
        for prosthetic devices and custom orthotic devices and related
        services under this section are limited to the most appropriate
        model that adequately meets the medical requirements of the
        patient, as determined by the treating physician of the
        patient.
            ``(3) Coverage for repair or replacement.--Benefits for
        prosthetic devices and custom orthotic devices and related
        services required under this section shall include coverage for
        repair or replacement of prosthetic devices and components, if
        the repair or replacement is determined appropriate by the
        treating physician of the patient involved.
            ``(4) Annual or lifetime dollar limitations.--A group
        health plan (or health insurance coverage offered in connection
        with such a plan) may not impose any annual or lifetime dollar
        limitation on benefits for prosthetic devices and custom
        orthotic devices and related services unless such limitation
        applies in the aggregate to all medical and surgical benefits
        provided under the plan (or coverage) and benefits for
        prosthetic devices and components.
    ``(d) Definitions.--For the purposes of this section:
            ``(1) Prosthetic devices and components.--The term
        `prosthetic devices and components' means such devices and
        components which may be used to replace, in whole or in part,
        an arm or leg, as well as the services required to do so, and
        includes external breast prostheses incident to mastectomy
        resulting from breast cancer.
            ``(2) Custom orthotic devices and related services.--The
        term `custom orthotic devices and related services' means the
        following:
                    ``(A) Custom-fabricated orthotics and related
                services, which include custom-fabricated devices that
                are individually made for a specific patient, as well
                as all services and supplies medically necessary for
                the effective use of the orthotic device, including
                formulating its design, fabrication, material and
                component selection, measurements, fittings, and static
                and dynamic alignments, and instructing the patient in
                the use of the device. No other patient would be able
                to use this item. A custom fabricated item is a device
                which is fabricated based on clinically derived and
                rectified castings, tracings, measurements, and/or
                other images (such as x-rays) of the body part. The
                fabrication may involve using calculations, templates
                and components. This process requires the use of basic
                materials including, but not limited to plastic, metal,
                leather or cloth in the form of uncut or unshaped
                sheets, bars, or other basic forms and involves
                substantial work such as vacuum forming, cutting,
                bending, molding, sewing, drilling and finishing prior
                to fitting on the patient. Custom-fabricated devices
                may be furnished only by an appropriately credentialed
                (certified or licensed) practitioner or accredited
                supplier in orthotics and/or prosthetics. These devices
                and services are represented by the existing set of L-
                codes describing this care currently listed in Centers
                for Medicare and Medicaid Services Transmittal 656.
                    ``(B) Custom-fitted high orthotics and related
                services, which include prefabricated devices that are
                manufactured with no specific patient in mind, but that
                are appropriately sized, adapted, modified, and
                configured (with the required tools and equipment) to a
                specific patient in accordance with a prescription, and
                which no other patient would be able to use, as well as
                all services and supplies medically necessary for the
                effective use of the orthotic device, including
                formulating its design, fabrication, material and
                component selection, measurements, fittings, and static
                and dynamic alignments, and instructing the patient in
                the use of the device. Custom-fitted high devices may
                be furnished only by an appropriately credentialed
                (certified or licensed) practitioner or accredited
                supplier in orthotics and/or prosthetics. These devices
                and services are represented by the existing set of L-
                codes describing this care currently listed in Centers
                for Medicare and Medicaid Services Transmittal 656.
            ``(3) Financial requirements.--The term `financial
        requirements' includes deductibles, coinsurance, co-payments,
        other cost sharing, and limitations on the total amount that
        may be paid by a participant or beneficiary with respect to
        benefits under the plan or health insurance coverage and also
        includes the application of annual and lifetime limits.
            ``(4) Treatment limitations.--The term `treatment
        limitations' includes limits on the frequency of treatment,
        number of visits, days of coverage, or other similar limits on
        the scope or duration of treatment.''.
    (b) Clerical Amendment.--The table of contents in section 1 of such
Act is amended by inserting after the item relating to section 713 the
following new item:

``Sec. 715. Prosthetics and custom orthotic device parity.''.
    (c) Effective Date.--The amendments made by this section shall
apply with respect to group health plans (and health insurance coverage
offered in connection with group health plans) for plan years beginning
on or after the date of the enactment of this Act.

SEC. 4. FEDERAL ADMINISTRATIVE RESPONSIBILITIES.

    (a) Assistance to Plan Participants and Beneficiaries.--The
Secretary of Labor shall provide for assistance to participants and
beneficiaries under such plans with any questions or problems regarding
compliance with the requirements of this section.
    (b) Audits.--The Secretary of Labor shall provide for the conduct
of random audits of group health plans (and health insurance coverage
offered in connection with such plans) to ensure that such plans are in
compliance with section 715 of the Employee Retirement Income Security
Act of 1974, as added by section 3.
    (c) GAO Study.--
            (1) Study.--The Comptroller General of the United States
        shall conduct a study that evaluates the effect of the
        implementation of the amendments made by this Act on the cost
        of health insurance coverage, on access to health insurance
        coverage (including the availability of in-network providers),
        on the quality of health care, on benefits and coverage for
        prosthetic devices and components, on any additional cost or
        savings to group health plans, on State prosthetic devices and
        components benefit mandate laws, on the business community and
        the Federal Government, and on other issues as determined
        appropriate by the Comptroller General.
            (2) Report.--Not later than 2 years after the date of the
        enactment of this Act, the Comptroller General of the United
        States shall prepare and submit to the appropriate committees
        of Congress a report containing the results of the study
        conducted under paragraph (1).
    (d) Regulations.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Labor shall promulgate final
regulations to carry out this Act and the amendments made by this Act.

Output:
Prosthetic and Custom Orthotic Parity Act of 2009 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to require a group health plan that provides medical and surgical benefits as well as benefits for prosthetic devices and components and orthotic devices to offer such prosthetic and orthotic coverage in the same manner as applicable to medical and surgical benefits. Prohibits separate financial requirements or more restrictive treatment limitations.

Limits required benefits for prosthetic devices and custom orthotic devices and related services to the most appropriate model that adequately meets the medical requirements of the patient. Requires benefits to include repairs and replacements as determined appropriate by the treating physician.

Prohibits any annual or lifetime dollar limitation on benefits for prosthetic devices and custom orthotic devices and related services unless such limitation applies in the aggregate to all benefits.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``High Performance Schools Act of
2001''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds the following:
            (1) American K-12 schools spend over $6 billion annually on
        energy costs, which is more than is spent on books and
        computers combined.
            (2) Educators teach and students learn best in an
        environment that is comfortable, healthy, naturally lit where
        possible, and in good repair, and studies have indicated that
        student achievement is greater and attendance higher when those
        conditions are met.
            (3) Over half of our Nation's K-12 schools are more than 40
        years old and in need of renovation to reach such standard of
        efficiency and comfort, and 6,000 new schools will be required
        over the next 10 years to accommodate the growing number of
        students.
            (4) Inadequate ventilation in school buildings, poor
        lighting and acoustical quality, and uncomfortable temperatures
        can diminish students' capacity to concentrate and excel.
            (5) Inefficient use of water, either in consumption or from
        poorly maintained systems, is prevalent in older schools.
            (6) Using a whole building approach in the design of new
        schools and the renovation of existing schools--considering how
        materials, systems, and products connect and overlap and also
        how a school is integrated on its site and within the
        surrounding community--will result in high performance school
        buildings.
            (7) Adoption of whole building concepts has been shown to
        result in dramatic improvements in student and teacher
        performance.
            (8) Adopting a whole building approach usually results in a
        lower life cycle cost for the school building than for a
        conventionally designed and built building.
            (9) Systematic use of energy conservation in school
        construction and renovation projects can save at least one
        quarter of current energy costs, leaving more money for
        teachers and educational materials.
            (10) The use of renewable energy sources such as
        daylighting, passive solar heating, photovoltaics, wind,
        geothermal, hydropower, and biomass power in a building already
        designed to be low-energy can help meet the building's energy
        needs without added emissions.
            (11) Using environmentally preferable products and
        providing for adequate supplies of fresh air will improve
        indoor air quality and provide healthful school buildings.
            (12) Most school districts do not have the knowledge of
        cutting-edge design and technologies to implement optimum
        efficiency into new school construction or into school
        renovations.
    (b) Purpose.--It is the purpose of this Act to assist school
districts in the production, through construction or renovation, of
high performance elementary and secondary school buildings that are
healthful, productive, energy efficient, and environmentally sound.

SEC. 3. PROGRAM ESTABLISHMENT AND ADMINISTRATION.

    (a) Establishment.--There is established in the Department of
Energy the High Performance Schools Program (in this Act referred to as
the ``Program'').
    (b) In General.--The Secretary of Energy may, through the Program,
make grants--
            (1) to be provided to school districts to implement the
        purpose of this Act for new and existing school buildings;
            (2) to State energy offices to administer the program of
        assistance to school districts pursuant to this Act; and
            (3) to State energy offices to promote participation by
        school districts in the program established by this Act.
    (c) Grants To Assist School Districts.--Grants under subsection
(b)(1) for new school buildings shall be used to achieve energy
efficiency performance that reduces energy use at least 30 percent
below that of a school constructed in compliance with standards
prescribed in Chapter 8 of the 2000 International Energy Conservation
Code, or a similar State code intended to achieve substantially
equivalent results. Grants under subsection (b)(1) for existing school
buildings shall be used to achieve energy efficiency performance that
reduces energy use below the school's baseline consumption, assuming a
3-year, weather-normalized average for calculating such baseline.
Grants under subsection (b)(1) shall be made to school districts that
have--
            (1) demonstrated a need for such grants in order to respond
        appropriately to increasing elementary and secondary school
        enrollments or to make major investments in renovation of
        school facilities; and
            (2) made a commitment to use the grant funds to develop
        high performance school buildings in accordance with the plan
        developed and approved pursuant to subsection (e)(1).
    (d) Other Grants.--
            (1) Grants for administration.--Grants under subsection
        (b)(2) shall be used to evaluate compliance by school districts
        with requirements of this Act and in addition may be used for--
                    (A) distributing information and materials to
                clearly define and promote the development of high
                performance school buildings for both new and existing
                facilities;
                    (B) organizing and conducting programs for school
                board members, school district personnel, architects,
                engineers, and others to advance the concepts of high
                performance school buildings;
                    (C) obtaining technical services and assistance in
                planning and designing high performance school
                buildings; and
                    (D) collecting and monitoring data and information
                pertaining to the high performance school building
                projects.
            (2) Grants to promote participation.--Grants under
        subsection (b)(3) may be used for promotional and marketing
        activities, including facilitating private and public
        financing, promoting the use of energy service companies,
        working with school administrations, students, and communities,
        and coordinating public benefit programs.
    (e) Implementation.--
            (1) Plans.--Grants under subsection (b)(1) shall be
        provided only to school districts that, in consultation with
        State offices of energy and education, have developed plans
        that the State energy office determines to be feasible and
        appropriate in order to achieve the purposes for which such
        grants are made.
            (2) Supplementing grant funds.--The State energy office
        shall encourage qualifying school districts to supplement their
        grant funds with funds from other sources in the implementation
        of their plans.

SEC. 4. ALLOCATION OF FUNDS.

    (a) In General.--Except as provided in subsection (c), funds
appropriated to carry out this Act shall be provided to State energy
offices.
    (b) Purposes.--Except as provided in subsection (c), funds
appropriated to carry out this Act shall be allocated as follows:
            (1) Seventy percent shall be used to make grants under
        section 3(b)(1).
            (2) Fifteen percent shall be used to make grants under
        section 3(b)(2).
            (3) Fifteen percent shall be used to make grants under
        section 3(b)(3).
    (c) Other Funds.--The Secretary of Energy may retain not to exceed
$300,000 per year from amounts appropriated under section 5 to assist
State energy offices in coordinating and implementing the Program. Such
funds may be used to develop reference materials to further define the
principles and criteria to achieve high performance school buildings.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary of Energy
to carry out this Act $200,000,000 for each of fiscal years 2002
through 2005, and such sums as may be necessary for each of fiscal
years 2006 through 2011.

SEC. 6. REPORT TO CONGRESS.

    The Secretary of Energy shall conduct a biennial review of State
actions implementing this Act, and the Secretary shall report to
Congress on the results of such reviews. In conducting such reviews,
the Secretary shall assess the effectiveness of the calculation
procedures used by the States in establishing eligibility of schools
for funding under this Act, and may assess other aspects of the program
to determine whether they have been effectively implemented.

SEC. 7. DEFINITIONS.

    For purposes of this Act:
            (1) Elementary and secondary school.--The terms
        ``elementary school'' and ``secondary school'' shall have the
        same meaning given such terms in paragraphs (14) and (26) of
        section 14101 of the Elementary and Secondary Education Act of
        1965 (20 U.S.C. 8801(14), (26)).
            (2) High performance school building.--The term ``high
        performance school building'' means a school building which, in
        its design, construction, operation, and maintenance, maximizes
        use of renewable energy and energy efficient practices, is
        cost-effective on a life cycle basis, uses affordable,
        environmentally preferable, durable materials, enhances indoor
        environmental quality, protects and conserves water, and
        optimizes site potential.
            (3) Renewable energy.--The term ``renewable energy'' means
        energy produced by solar, wind, geothermal, hydroelectric, or
        biomass power.

Output: High Performance Schools Act of 2001 - Establishes the High Performance Schools Program, in the Department of Energy, to assist school districts in the production of high performance elementary and secondary school buildings that are healthful, productive, energy efficient, and environmentally sound. Authorizes the Secretary of Energy to make program grants to State energy offices for: (1) program participation promotion and administration; and (2) subgrants to qualified school districts to implement such school building construction and renovation.