Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Dental and Optometric Care Access
Act'' or the ``DOC Access Act''.

SEC. 2. IMPROVING HEALTH CARE COVERAGE UNDER VISION AND DENTAL PLANS.

    (a) In General.--Title XXVII of the Public Health Service Act is
amended by inserting after section 2719A (42 U.S.C. 300gg-19a) the
following new section:

``SEC. 2719B. IMPROVING COVERAGE UNDER VISION AND DENTAL PLANS.

    ``(a) In General.--Under a group health plan or individual or
health insurance coverage (including such a plan or coverage offering
limited scope dental or vision benefits), the following shall apply:
            ``(1) Payment amounts from covered persons.--
                    ``(A) In general.--The plan or coverage shall
                provide, with respect to a doctor of optometry, doctor
                of dental surgery, or doctor of dental medicine that
                has an agreement to participate in the plan or coverage
                and that furnishes items or services that are not
                covered by the plan or coverage to a person enrolled
                under such plan or coverage, that the doctor may charge
                the enrollee for such items or services any amount
                determined by the doctor that is equal to, or less
                than, the usual and customary amount that the doctor
                charges individuals who are not so enrolled for such
                items or services.
                    ``(B) Items and services considered covered by a
                plan.--For purposes of subparagraph (A), an item or
                service shall be considered, with respect to a plan or
                coverage, to be covered by the plan or coverage only if
                the negotiated rate agreed to by such plan or coverage
                and the doctor for such item or service, without regard
                to any cost sharing obligation of the enrollee, is an
                amount that is reasonable and is not nominal or de
                minimis.
            ``(2) Changes to plans.--The terms of an agreement between
        such a plan or coverage and such a doctor (including, in the
        case of a plan or coverage that provides for a provider
        network, the negotiated rate for providers that participate in
        the network of such plan or coverage), may be changed only
        pursuant to a subsequent agreement signed by the doctor that
        documents the acknowledgment and acceptance of the doctor (as
        applicable) to such changes.
            ``(3) Duration of limited scope vision and dental plans.--
        In the case of an agreement between such a doctor and such a
        plan or coverage that offers limited scope dental or vision
        benefits, the agreement may not be for a period that is greater
        than two years.
            ``(4) Terms and conditions for ancillary services and
        procedures.--Such plan or coverage may not deny such a doctor
        participation in the plan or coverage or remove such a doctor
        from participation in the plan or coverage for the sole reason
        of the failure of the doctor to accept the terms and conditions
        under such agreement for any ancillary service or procedure.
            ``(5) Condition to join a provider network.--The plan or
        coverage may not require that such a doctor must participate
        with, or be credentialed by, any specific plan or coverage
        offering limited scope dental or vision benefits as a condition
        to participate in the provider network of such plan or
        coverage.
            ``(6) No interference with existing relationships and
        requirements.--Unless otherwise required by law or regulation,
        such plan or coverage may not directly communicate with an
        individual enrolled in such plan or coverage in a manner that
        interferes with or contravenes any State or Federal
        requirement, or doctor-patient relationship in existence at the
        time of such communication.
            ``(7) No restriction on choice of laboratories.--The plan
        or coverage may not, directly or indirectly, restrict or limit,
        such a doctor's choice of laboratories or choice of source and
        suppliers of services or materials provided by the doctor to an
        individual who is enrolled under the plan or coverage.
    ``(b) Private Right of Action.--In addition to any other remedies
under State or Federal law, a person adversely affected by a violation
of this subsection may bring action for injunctive relief against a
plan described in subsection (a) and, upon prevailing, in addition to
such injunctive relief, shall recover monetary damages of no more than
$1,000 for each day found to be in violation plus attorney's fees and
costs. The district courts of the United States shall have exclusive
jurisdiction of civil actions brought under this subsection.
    ``(c) Relationship to Exception for Limited, Excepted Benefits.--
Section 2722(c)(1) shall not apply with respect to the requirements of
this section.
    ``(d) Definitions.--In this section:
            ``(1) The terms `doctor of dental surgery' and `doctor of
        dental medicine' mean a doctor of dental surgery or of dental
        medicine, as applicable, who is legally authorized to practice
        dentistry by the State in which the doctor performs such
        function and who is acting within the scope of the license of
        the doctor when performing such functions.
            ``(2) The term `doctor of optometry' means a doctor of
        optometry who is legally authorized to practice optometry by
        the State in which the doctor so practices.''.
    (b) Conforming Amendment.--Section 2722(c)(1) of the Public Health
Service Act (42 U.S.C. 300gg-21(c)(1)) is amended by striking ``The
requirements'' and inserting ``Subject to section 2719B, the
requirements''.

Output: Dental and Optometric Care Access Act or the DOC Access Act This bill amends the Public Health Service Act to prohibit group health plans and individual health insurance coverage from setting rates for items and services provided by a doctor of optometry, of dental surgery, or of dental medicine for which the plan or insurer does not pay a substantial amount. An agreement between a plan or insurer and such a doctor: (1) may only be changed with the doctor's acknowledgement and acceptance, and (2) may not last longer than two years if the agreement is for limited scope dental or vision benefits. Such a doctor must be allowed to participate in a: (1) plan or coverage without accepting terms for ancillary services or procedures, and (2) provider network without participating in a specific limited scope dental or vision benefit plan. Plans and insurers may not: (1) directly communicate with an enrolled individual in a manner that interferes with an existing doctor-patient relationship or a state or federal requirement, or (2) restrict such a doctor's choice of laboratories or suppliers. The bill establishes a private right of action for a person adversely affected by a violation of this Act.


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SECTION 1. WAIVER OF OXYGEN CONTENT REQUIREMENTS.

    Section 211(k) of the Clean Air Act (42 U.S.C. 7545(k)) is amended
by adding the following new paragraph at the end:
            ``(11) Waiver of oxygen content requirement.--
                    ``(A) In general.--Upon petition to the
                Administrator by the Governor of a State, the
                Administrator shall waive any oxygen content
                requirement in effect under this subsection for that
                State.
                    ``(B) Action by environmental protection agency.--
                Not later than 270 days after the date of receipt of a
                petition submitted under subparagraph (A), the
                Administrator shall grant the waiver of the oxygen
                content requirement requested in the petition. If, by
                the date that is 270 days after the date of receipt of
                such a petition, the Administrator has not granted the
                petition, the petition shall be deemed to be granted.
                The waiver under this subparagraph shall take effect on
                the date 90 days after the petition is granted or
                deemed granted unless the Administrator establishes an
                earlier effective date.
                    ``(C) Special rule.--The oxygen content requirement
                in effect under this subsection shall not apply to a
                State referred to in subsection (c)(4)(B).''.

SEC. 2. CONTROL OF OXYGENATES.

    (a) EPA Authority.--(1) Section 211(c)(1) of the Clean Air Act (42
U.S.C. 7545(c)(1)) is amended by inserting ``(A)'' after ``(1)'' by
redesignating subparagraphs (A) and (B) as clauses (i) and (ii) and by
adding the following at the end thereof:
    ``(B) The Administrator may, by regulation, control or prohibit the
use of any oxygenate (including methyl tertiary butyl ether, `MTBE') as
a fuel, or fuel additive for fuel, for use in a motor vehicle, motor
vehicle engine, or nonroad engine or nonroad vehicle if in the judgment
of the Administrator such oxygenate causes or contributes to
contamination of drinking water which may reasonably be anticipated to
endanger public health, welfare, or the environment in the United
States.''.
    (2) Section 211(c)(2)(A) of such Act (42 U.S.C. 7545(c)(2)(A)) is
amended by inserting ``(i) of subparagraph'' before ``(A) of
paragraph''.
    (3) Section 211(c)(2)(B) of such Act (42 U.S.C. 7545(c)(2)(B)) is
amended by striking ``(B)'' and inserting ``(ii) of subparagraph (A)''.
    (4) Section 211(c)(2)(C) of such Act (42 U.S.C. 7545(c)(2)(C)) is
amended by inserting ``clause (i) or (ii) of subparagraph (A) of''
before ``paragraph (1)''.
    (5) Section 211(c)(2) of such Act (42 U.S.C. 7545(c)(2)) is amended
by adding the following at the end thereof:
    ``(D) If the Administrator seeks to control or prohibit the use of
any oxygenate under subparagraph (B) of paragraph (1), the
Administrator shall take into account information as to whether such
control or prohibition will affect the use of any other oxygenate in a
manner which may reasonably be anticipated to endanger public health,
welfare, or the environment in the United States.''.
    (b) MTBE Levels.--Section 211(c) of the Clean Air Act (42 U.S.C.
7545(c)) is amended by adding the following at the end thereof:
    ``(5) MTBE levels.--Within 1 year after the enactment of this
paragraph, the Administrator shall promulgate regulations to require
that, for the calendar year beginning January 1, 2005, and for each
calendar year thereafter, the annual volume of methyl tertiary butyl
ether (MTBE) manufactured or introduced into commerce in a calendar
year in the United States for use as a fuel, or fuel additive for fuel,
for use in a motor vehicle, motor vehicle engine, or nonroad engine or
nonroad vehicle shall not exceed the average annual volume of MTBE
estimated by the Administrator to have been manufactured or introduced
into commerce in calendar years 1986 through 1991 in the United States
for use as a fuel or fuel additive for fuel, for use in a motor
vehicle, motor vehicle engine, or nonroad engine or nonroad vehicle.
The regulations under this paragraph may include regulations regarding
the quantity of MTBE on a per-gallon basis or annual average basis
provided that such an annual average standard has associated with it a
per-gallon maximum standard.''.
    (c) State Authority.--Section 211(c)(4) of the Clean Air Act (42
U.S.C. 7545(c)(4)) is amended by adding the following at the end:
    ``(D) The Administrator may permit any State to prescribe and
enforce controls or prohibitions on the use of methyl tertiary butyl
ether (MTBE) as a fuel additive in fuel offered for sale, or sold, at
retail in a calendar year in that State in order to reduce the volume
of MTBE offered for sale, or sold, at retail in that State to levels
below the levels estimated by the State to be offered for sale, or
sold, at retail in that State under paragraph (1)(B) or (5). The
Administrator may also permit any such State to establish such controls
or prohibitions on MTBE on a more expeditious schedule than required
under paragraph (1)(B) or (5). Any State seeking additional controls
or prohibitions or a more expeditious schedule under this subparagraph
shall submit a petition to the Administrator. The Administrator may
only grant such a petition if the Administrator finds that the controls
on MTBE in effect under paragraph (1)(B) or (5) will not prevent MTBE
from causing or contributing to air pollution in that State, or
contamination of drinking water in that State, which may reasonably be
anticipated to endanger public health, welfare, or the environment. No
State may submit such a petition to the Administrator before the date 1
year after the enactment of this subparagraph. The Administrator shall
act on such petitions within 180 days of receipt. No State referred to
in subparagraph (B) shall be subject to the requirements of this
subparagraph.
    ``(E) Subparagraph (D) shall not limit the authority of any State
under any other provision of law to prescribe and enforce any control
or prohibition on the use of methyl tertiary butyl ether (MTBE) as a
fuel additive.''.

SEC. 3. MAINTENANCE OF EMISSION CONTROL BENEFITS.

    (a) Toxic Air Pollutants.--Section 211(k)(3) of the Clean Air Act
(42 U.S.C. 7545(k)(3)) is amended by adding the following at the end:
                    ``(C) Maintaining toxic control benefits in oxygen
                waiver areas.--(i) Not later than 90 days after the
                date of enactment of this subparagraph, the
                Administrator shall propose, and not later than later
                than 270 days after the enactment of this subparagraph,
                promulgate, regulations under this subparagraph
                (consistent with section 211(k)(3)(B)(ii) of the Clean
                Air Act) establishing regional performance standards to
                ensure that the levels of reductions of toxic air
                pollutants achieved under the Reformulated Gasoline
                Program in effect under this subsection are maintained
                in areas where the oxygen content requirement is waived
                under paragraph (11).
                    ``(ii) For purposes of establishing regional
                performance standards under this subparagraph, the
                Administrator shall determine the reductions of toxic
                air pollutants achieved under the Reformulated Gasoline
                Program in effect under this subsection on average in
                calendar years 1998 and 1999 in various regions
                selected, in consultation with the Secretary of Energy.
                Such regions shall be selected on the basis of the
                existing gasoline distribution and supply network to
                the extent practicable. The Administrator's
                determination shall be based on compliance survey data,
                other appropriate and reliable data and the
                Environmental Protection Agency's existing Phase II
                complex model.
                    ``(iii) The Administrator shall convert the average
                air toxic reductions, calculated as described in clause
                (ii), into annual average regional performance
                standards. Such regional performance standards shall
                apply to reformulated gasoline to be sold, or offered
                for sale, or introduced into commerce in areas where
                the oxygen content requirement is waived under
                paragraph (11).
                    ``(iv) The performance standards under this
                subparagraph shall not apply to the extent that
                regulations under this Act (including the Environmental
                Protection Agency's existing Phase II Reformulated
                Gasoline air toxics performance standards, or
                regulations promulgated under section 202(l)) are more
                stringent than such performance standards. The
                performance standards under this subparagraph shall not
                apply in any State referred to in section 211(c)(4)(B).
                    ``(v) Pending promulgation of regulations under
                this subparagraph, the Environmental Protection
                Agency's Phase II Reformulated Gasoline complex model
                toxic performance standards shall apply in areas where
                the oxygen content requirement is waived under
                paragraph (11).''.
    (b) Criteria Air Pollutants.--Section 211 of the Clean Air Act (42
U.S.C. 7545) is amended by adding at the end the following:
    ``(p) Conventional Gasoline.--
            ``(1) In general.--Not later than October 1, 2007--
                    ``(A) the Administrator shall determine whether the
                use of conventional gasoline during the period of
                calendar years 2005 and 2006 resulted in a greater
                volume of emissions of criteria air pollutants listed
                under section 108, determined on the basis of a
                weighted average of those pollutants, than the volume
                of such emissions during the period of calendar years
                1998 and 1999; and
                    ``(B) if the Administrator determines that a
                significant increase in emissions occurred, the
                Administrator shall promulgate such regulations under
                subsection (c) concerning the use of conventional
                gasoline as are appropriate regarding that increase.
            ``(2) Applicability to certain states.--The Administrator
        shall make the determination under paragraph (1)(A) without
        regard to, and the regulations promulgated under paragraph
        (1)(B) shall not apply to, any State that has received a waiver
        under section 209(b).''.

SEC. 4. ASSURANCE OF ADEQUATE FUEL SUPPLY.

    Any regulation or modification of fuel properties promulgated by,
or approved by the Administrator of the Environmental Protection Agency
under the amendments made by this Act, shall take into account the need
to provide lead time for refinery and fuel distribution system
modifications necessary to assure adequate fuel supply for all States.
Such regulation or modification shall include provisions for the
banking and trading of allowances within, but not between, the regions
referred to in section 211(k)(3)(C) of the Clean Air Act.

Output: Amends the Clean Air Act to authorize the Administrator of the Environmental Protection Agency to waive oxygen content requirements for reformulated gasoline upon petition of a State.Permits the Administrator to control or prohibit the use of any oxygenate (including methyl tertiary butyl ether (MTBE)) as a fuel or fuel additive if the oxygenate contributes to contamination of drinking water which may be anticipated to endanger public health, welfare, or the environment.Caps the annual volume of MTBE manufactured or introduced into commerce as a fuel or fuel additive, beginning in 2005, at the average annual volume estimated to have been manufactured or introduced into commerce in 1986 through 1991.Grants States certain authority to prescribe and enforce controls on the use of MTBE as a fuel additive.Directs the Administrator to establish regional performance standards to ensure that levels of reductions of toxic air pollutants achieved under the Reformulated Gasoline Program are maintained in areas where the oxygen content requirement is waived.Requires any regulation or modification of fuel properties made by this Act to take into account the need to provide lead time for refinery and fuel distribution system modifications necessary to assure adequate fuel supply for all States.


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SECTION 1. PUBLIC SCHOOL REPAIR AND RENOVATION.

    Title XII of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 8501 et seq.) is amended to read as follows:

            ``TITLE XII--PUBLIC SCHOOL REPAIR AND RENOVATION

``SEC. 12001. FINDINGS.

    ``Congress finds as follows:
            ``(1) The General Accounting Office estimated in 1995 that
        it would cost $112,000,000,000 to bring our Nation's school
        facilities into good overall condition.
            ``(2) The General Accounting Office also found in 1995 that
        60 percent of the Nation's schools, serving 28,000,000
        students, reported that 1 or more building features, such as
        roofs and plumbing, needed to be extensively repaired,
        overhauled, or replaced.
            ``(3) The National Center for Education Statistics reported
        that the average age for a school building in 1998 was 42 years
        and that local educational agencies with relatively high rates
        of poverty tend to have relatively old buildings.
            ``(4) School condition is positively correlated with
        student achievement, according to a number of research studies.
            ``(5) The results of a recent survey indicate that the
        condition of schools with large proportions of students living
        on Indian lands is particularly poor.
            ``(6) While school repair and renovation are primarily a
        State and local concern, some States and communities are not,
        on their own, able to meet the burden of providing adequate
        school facilities for all students, and the poorest communities
        have had the greatest difficulty meeting this need. It is,
        therefore, appropriate for the Federal Government to provide
        assistance to high-need communities for school repair and
        renovation.

``SEC. 12002. PURPOSE.

    ``The purpose of this title is to assist high-need local
educational agencies in making urgent repairs and renovations to public
school facilities in order to--
            ``(1) reduce health and safety problems, including
        violations of local or State fire codes, faced by students; and
            ``(2) improve the ability of students to learn in their
        school environment.

``SEC. 12003. AUTHORIZED ACTIVITIES.

    ``(a) In General.--A recipient of a grant or loan under this title
shall use the grant or loan funds to carry out the purpose of this
title by--
            ``(1) repairing or replacing roofs, electrical wiring or
        plumbing systems;
            ``(2) repairing, replacing, or installing heating,
        ventilation, or air conditioning systems;
            ``(3) ensuring that repairs and renovations under this
        title comply with the requirements of section 504 of the
        Rehabilitation Act of 1973 and the Americans with Disabilities
        Act of 1990 relating to the accessibility of public school
        programs to individuals with disabilities; and
            ``(4) making other types of school repairs and renovations
        that the Secretary may reasonably determine are urgently
        needed, particularly projects to correct facilities problems
        that endanger the health and safety of students and staff such
        as violations of State or local fire codes.
    ``(b) Limitation.--The Secretary shall not approve an application
for a grant or loan under this title unless the applicant demonstrates
to the Secretary's satisfaction that the applicant lacks sufficient
funds, from other sources, to carry out the repairs or renovations for
which the applicant is requesting assistance.

``SEC. 12004. GRANTS TO LOCAL EDUCATIONAL AGENCIES WITH HIGH
              CONCENTRATIONS OF STUDENTS LIVING ON INDIAN LANDS.

    ``(a) Grants Authorized.--From funds available under section
12008(a), the Secretary shall award grants to local educational
agencies to enable the agencies to carry out the authorized activities
described in section 12003 and subsection (e).
    ``(b) Eligibility.--A local educational agency is eligible for a
grant under this section if the number of children determined under
section 8003(a)(1)(C) of this Act for that agency constituted at least
50 percent of the number of children who were in average daily
attendance at the schools of such agency during the preceding school
year.
    ``(c) Allocation of Funds.--The Secretary shall allocate funds
available to carry out this section to eligible local educational
agencies based on their respective numbers of children in average daily
attendance who are counted under section 8003(a)(1)(C) of this Act.
    ``(d) Applications.--Each eligible local educational agency that
desires to receive a grant under this section shall submit an
application to the Secretary that includes--
            ``(1) a statement of how the agency will use the grant
        funds;
            ``(2) a description of the steps the agency will take to
        adequately maintain the facilities that the agency repairs,
        renovates, or constructs with those funds; and
            ``(3) such other information and assurances as the
        Secretary may reasonably require.
    ``(e) Construction of New Schools.--In addition to any other
activity authorized under section 12003, an eligible local educational
agency may use grant funds received under this section to construct a
new school if the agency demonstrates to the Secretary's satisfaction
that the agency will replace an existing school that is in such poor
condition that renovating the school will not be cost-effective.

``SEC. 12005. GRANTS TO HIGH-POVERTY LOCAL EDUCATIONAL AGENCIES.

    ``(a) Grants Authorized.--From funds available under section
12008(b)(1), the Secretary shall make grants, on a competitive basis,
to local educational agencies with poverty rates of 25 percent or
greater to enable the agencies to carry out the authorized activities
described in section 12003.
    ``(b) Criteria for Awarding Grants.--In awarding grants under this
section, the Secretary shall consider--
            ``(1) the poverty rate, the need for school repairs and
        renovations, and the fiscal capacity of each local educational
        agency; and
            ``(2) such other factors as the Secretary determines
        appropriate.
    ``(c) Applications.--Each eligible local educational agency that
desires to receive a grant under this section shall submit an
application to the Secretary that includes--
            ``(1) a description of the agency's urgent need for school
        repair and renovation and of how the agency will use funds
        available under this title to meet those needs;
            ``(2) information on the fiscal effort that the agency is
        making in support of education and evidence demonstrating that
        the agency lacks the capacity to meet the agency's urgent
        school repair and renovation needs without assistance made
        available under this title;
            ``(3) a description of the steps the agency will take to
        adequately maintain the facilities that the agency repairs or
        renovates with the assistance; and
            ``(4) such other information and assurances as the
        Secretary may reasonably require.

``SEC. 12006. SCHOOL RENOVATION GRANTS AND LOANS.

    ``(a) Grants and Loans Authorized.--From funds available under
section 12008(b)(2), the Secretary shall make grants, and shall pay the
cost of loans made, on a competitive basis, to local educational
agencies that lack the ability to fund urgent school repairs without a
grant or loan provided under this section to enable the agencies to
carry out the authorized activities described in section 12003.
    ``(b) Loan Period.--Each loan under this section shall be for a
period of 7 years and shall carry an interest rate of 0 percent.
    ``(c) Criteria for Making Loans.--In making loans under this
section, the Secretary shall consider--
            ``(1) the extent of poverty, the need for school repairs
        and renovations, and the fiscal capacity of each applicant; and
            ``(2) such other factors as the Secretary determines
        appropriate.
    ``(d) Applications.--Each eligible local educational agency that
desires to receive a grant or loan under this section shall submit an
application to the Secretary that includes the information described in
section 12005(c).
    ``(e) Credit Standards.--In carrying out this section, the
Secretary--
            ``(1) shall not extend credit without finding that there is
        reasonable assurance of repayment; and
            ``(2) may use credit enhancement techniques, as
        appropriate, to reduce the credit risk of loans.

``SEC. 12007. PROGRESS REPORTS.

    ``The Secretary shall require recipients of grants and loans under
this title to submit progress reports and such other information as the
Secretary determines necessary to ensure compliance with this title and
to evaluate the impact of activities assisted under this title.

``SEC. 12008. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Grants Under Section 12004.--For the purpose of making grants
under section 12004, there are authorized to be appropriated
$50,000,000 for fiscal year 2001 and such sums as may be necessary for
each of the 4 succeeding fiscal years.
    ``(b) Grants Under Section 12005 and Grants and Loans Under Section
12006.--For the purpose of making grants under section 12005, and
grants and loans under section 12006, there are authorized to be
appropriated $1,250,000,000 for fiscal year 2001 and such sums as may
be necessary for each of the succeeding 4 years, of which--
            ``(1) 10 percent shall be available for grants under
        section 12005; and
            ``(2) 90 percent shall be available to make grants and to
        pay the cost of loans under section 12006.
    ``(c) Limitation on Loan Volume.--Within the available resources
and authority, gross obligations for the principal amount of direct
loans offered by the Secretary under section 12006 for fiscal year 2001
shall not exceed $7,000,000,000, or the amount specified in an
applicable appropriations Act, whichever is greater.

``SEC. 12009. DEFINITIONS.

    ``For the purpose of this title, the following terms have the
following meanings:
            ``(1) Local educational agency.--The term `local
        educational agency' has the meaning given that term in section
        14101(18) (A) and (B) of this Act.
            ``(2) Public school facility.--
                    ``(A) In general.--The term `public school
                facility' means a public building whose primary purpose
                is the instruction of public elementary or secondary
                students.
                    ``(B) Exclusions.--The term excludes athletic
                stadiums or any other structure or facility intended
                primarily for athletic exhibitions, contests, games, or
                events for which admission is charged to the general
                public.
            ``(3) Repair and renovation.--The term `repair and
        renovation' used with respect to an existing public school
        facility, means the repair or renovation of the facility
        without increasing the size of the facility.''.

Output:
Requires high-need local educational agencies (LEAs) to use the title XII grants or loans they receive for repairs and renovations to reduce health and safety problems, and to improve the learning environment, with respect to: (1) roofs, electrical wiring, or plumbing repair or replacement; (2) heating, ventilation, or air conditioning systems' repair, replacement, or installation; (3) title XII repairs and renovations compliance with specified accessibility requirements of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990; and (4) other types of school repairs and renovations that the Secretary of Education may reasonably determine are urgently needed, particularly projects to correct facilities problems that endanger the health and safety of students and staff.
Requires title XII grant or loan applicants to demonstrate to the Secretary's satisfaction that they lack sufficient funds from other sources to carry out the repairs or renovations for which they are requesting assistance.
Provides for the following types and portions of title XII assistance: (1) a specified amount reserved for allocated grants to LEAs with high concentrations of students living on Indian lands (which may be used for new school construction if renovating an existing school would not be cost-effective); (2) ten percent of the remainder for competitive grants to high-poverty LEAs (with at least a quarter of their students being from families with incomes below the poverty line); and (3) 90 percent of such remainder for competitive grants and loans to high-need LEAs that lack the ability to fund urgent school repairs (with a limitation on the amount of the loan volume).
Authorizes appropriations.
Prohibits title XII assistance for repair or renovation of athletic stadiums or other structures or facilities intended primarily for athletic events for which admission is charged to the general public.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Employees Health Benefits
Access Act''.

SEC. 2. PROVISIONS TO MAKE FEHBP AVAILABLE TO THE GENERAL PUBLIC.

    (a) In General.--Chapter 89 of title 5, United States Code, is
amended by adding at the end the following:
``Sec. 8915. Provisions to require that benefits be extended to the
              general public
    ``(a) A contract may not be made or a plan approved unless the
carrier agrees to offer to the general public, throughout each term for
which the contract or approval remains effective, the same benefits
(subject to the same maximums, limitations, exclusions, and other
similar terms or conditions) as would be offered under such contract or
plan to employees and annuitants and their family members.
    ``(b)(1) Premiums for coverage under this section shall be
established in conformance with such requirements as the Office of
Personnel Management shall by regulation prescribe, including
provisions to ensure conformance with generally accepted standards and
practices associated with community rating.
    ``(2) In no event shall the enactment of this section result in--
            ``(A) any increase in the level of individual or Government
        contributions required under section 8906 or any other
        provision of this chapter, including copayments or deductibles;
            ``(B) any decrease in the types of benefits offered under
        this chapter; or
            ``(C) any other change that would adversely affect the
        coverage afforded under this chapter to employees and
        annuitants and their family members.
    ``(c) Benefits under this section shall, with respect to an
individual who is entitled to benefits under part A of title XVIII of
the Social Security Act, be offered (for use in coordination with those
Social Security benefits) to the same extent and in the same manner as
if coverage were under the preceding provisions of this chapter, rather
than under this section.
    ``(d)(1) A carrier may file an application with the Office setting
forth reasons why it, or a plan provided by such carrier, should be
excluded from the requirements of this section.
    ``(2) In reviewing any such application, the Office may consider
such factors as--
            ``(A) any bona fide enrollment restrictions which would
        make the application of this section inappropriate, including
        those common to plans which are limited to individuals having a
        past or current employment relationship with a particular
        agency or other authority of the Government;
            ``(B) whether compliance with this section would jeopardize
        the financial solvency of the plan or carrier, or otherwise
        compromise its ability to offer health benefits under the
        preceding provisions of this chapter; and
            ``(C) the anticipated duration of the requested exclusion,
        and what efforts the plan or carrier proposes to take in order
        to be able to comply with this section.
    ``(e) Except as the Office may by regulation prescribe, any
reference to this chapter (or any requirement of this chapter), made in
any provision of law, shall not be considered to include this section
(or any requirement of this section).''.
    (b) Conforming Amendment.--The table of sections for chapter 89 of
title 5, United States Code, is amended by adding at the end the
following:

``8915. Provisions to require that benefits be extended to the general
                            public.''.

SEC. 3. STANDARDIZED CLAIMS PROCESSING.

    Section 8902 of title 5, United States Code, is amended by adding
at the end the following:
    ``(o) A claim for payment or reimbursement under this chapter
(whether electronic or otherwise) shall be submitted on such a standard
form or in such a standard manner as may be required by the Office in
relation to health benefit plans. Each contract under this chapter
shall include appropriate provisions to carry out the preceding
sentence.''.

SEC. 4. ADVANCE DIRECTIVES.

    Section 8907 of title 5, United States Code, is amended by adding
at the end the following:
    ``(c) The Office shall--
            ``(1) prepare information relating to the use of advance
        directives regarding the type or intensity of care which an
        individual desires in the event that such individual becomes
        unable to communicate by reason of incapacity due to illness or
        injury; and
            ``(2) require, as a condition for approval of any contract
        under section 8902, that appropriate provisions be included so
        that such information may be made available to enrollees of the
        plan involved.''.

SEC. 5. DEMONSTRATION PROJECT TO EXAMINE THE FEASIBILITY OF OFFERING
              FEHBP ENROLLEES THE OPTION OF USING ARBITRATION INSTEAD
              OF LITIGATION TO RESOLVE MEDICAL MALPRACTICE CLAIMS.

    (a) In General.--The Office of Personnel Management shall conduct a
demonstration project to assess the feasibility and desirability of
offering the use of arbitration, instead of litigation, to resolve
medical malpractice claims arising out of covered health care services.
    (b) Definition.--For the purpose of this section, the term
``covered health care services'' means any care, treatment, or other
service for which the individual who receives such service has coverage
under chapter 89 of title 5, United States Code.
    (c) Project Requirements.--
            (1) In general.--The demonstration project shall be
        conducted as a demonstration project under section 4703 of
        title 5, United States Code.
            (2) Plan design.--In developing a plan for such project
        under section 4703 of title 5, United States Code, the Office
        shall include (in addition to any information otherwise
        required)--
                    (A) suggestions for incentives that may be offered
                in order to obtain the voluntary participation of
                enrollees, such as reductions in premiums, copayments,
                or deductibles;
                    (B) the criteria for identifying the types of
                health benefit plans which are appropriate for
                inclusion, and the procedures and conditions in
                accordance with which any such plan may participate;
                    (C) the general framework for arbitration,
                including (to the extent the Office considers
                appropriate) methods for the selection of arbitrators,
                length of hearings, and limitations on damages; and
                    (D) the effect of an award resulting from the
                arbitration process, and the extent to which review of
                such an award may be obtained.
    (d) Evaluation.--The evaluation required under section 4703(h) of
title 5, United States Code, with respect to the demonstration project
shall include data and analysis relating to matters such as--
            (1) the number of claims brought for arbitration;
            (2) how those claims were disposed of (whether by
        settlement, hearing, or otherwise), and the percentage of the
        total number of claims represented by each;
            (3) the average dollar amount of those awards or
        settlements;
            (4) the various costs involved in connection with those
        claims; and
            (5) the advantages and disadvantages of arbitration,
        relative to other methods of dispute resolution, and the extent
        to which arbitration should continue to be used under chapter
        89 of such title.

SEC. 6. APPLICABILITY.

    The amendments made by this Act shall apply with respect to
contract terms beginning after the end of the 6-month period beginning
on the date of the enactment of this Act.

Output:
Federal Employees Health Benefits Access Act -    Prohibits a Government health services contract from being made or a plan approved unless the carrier agrees to offer to the general public the same benefits as would be offered under such contract or plan to Federal employees and annuitants and their family members.  Requires premiums for coverage to be established in conformance with such requirements as the Office of Personnel Management (OPM) shall prescribe.
Specifies that in no event shall this Act's enactment result in any:  (1) increase in the level of individual or Government contributions required, including copayments or deductibles; (2) decrease in the types of benefits offered; or (3) other change that would adversely affect the coverage afforded to employees and annuitants and their family members.
Permits a carrier to file an application with OPM setting forth reasons why it, or a plan provided by such carrier, should be excluded from the requirements of this Act.  Allows OPM, in reviewing any such application, to consider such factors as:  (1) any bona fide enrollment restrictions which would make the application of this Act inappropriate; (2) whether compliance would jeopardize the financial solvency of the plan or carrier or otherwise compromise its ability to offer health benefits; and (3) the anticipated duration of the requested exclusion and what efforts the plan or carrier proposes to take in order to be able to comply with this Act.
Requires a claim for payment or reimbursement to be submitted on a standard form or in a standard manner as may be required by OPM in relation to health benefit plans.
Directs OPM to:  (1) prepare information relating to the use of advance directives regarding the type or intensity of care which an individual desires in the event that such individual becomes unable to communicate by reason of incapacity due to illness or injury; and (2) require, as a condition for contract approval, that appropriate provisions be included so that such information may be made available to enrollees of the plan involved.
Requires OPM to conduct a demonstration project to assess the feasibility and desirability of offering the use of arbitration, instead of litigation, to resolve medical malpractice claims arising out of covered health care services.
Sets forth provisions regarding project requirements and evaluation.


Input:
SECTION 1. EMPLOYER-PROVIDED EDUCATIONAL ASSISTANCE.

    (a) Permanent Extension.--Section 127 of the Internal Revenue Code
of 1986 (relating to exclusion for educational assistance programs) is
amended by striking subsection (d) and by redesignating subsection (e)
as subsection (d).
    (b) Restoration of Exclusion for Graduate Education.--The last
sentence of paragraph (1) of section 127(c) of such Code is amended by
striking ``, and such term also does not include any payment for, or
the provision of any benefits with respect to, any graduate level
course of a kind normally taken by an individual pursuing a program
leading to a law, business, medical, or other advanced academic or
professional degree''.
    (c) Effective Dates.--
            (1) Extension.--The amendments made by subsection (a) shall
        apply to taxable years beginning after December 31, 1996.
            (2) Graduate education.--The amendment made by subsection
        (b) shall apply with respect to expenses relating to courses
        beginning after December 31, 1996.

SEC. 2. DEDUCTION FOR INTEREST ON EDUCATION LOANS.

    (a) In General.--Part VII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to additional itemized
deductions for individuals) is amended by redesignating section 221 as
section 222 and by inserting after section 220 the following new
section:

``SEC. 221. INTEREST ON EDUCATION LOANS.

    ``(a) Allowance of Deduction.--In the case of an individual, there
shall be allowed as a deduction for the taxable year an amount equal to
the interest paid by the taxpayer during the taxable year on any
qualified education loan.
    ``(b) Limitation Based on Modified Adjusted Gross Income.--
            ``(1) In general.--The amount allowed as a deduction under
        subsection (a) shall be reduced (but not below zero) by the
        amount determined under paragraph (2).
            ``(2) Amount of reduction.--The amount determined under
        this paragraph equals the amount which bears the same ratio to
        the deduction (determined without regard to this subsection)
        as--
                    ``(A) the excess of--
                            ``(i) the taxpayer's modified adjusted
                        gross income for such taxable year, over
                            ``(ii) $50,000 ($80,000 in the case of a
                        joint return), bears to
                    ``(B) $20,000.
            ``(3) Modified adjusted gross income.--For purposes of
        paragraph (2), the term `modified adjusted gross income' means
        the adjusted gross income of the taxpayer for the taxable year
        determined--
                    ``(A) without regard to this section and sections
                911, 931, and 933, and
                    ``(B) after the application of sections 86, 135,
                137, 219, and 469.
        For purposes of sections 86, 135, 219, and 469, adjusted gross
        income shall be determined without regard to the deduction
        allowed under this section.
            ``(4) Inflation adjustment.--
                    ``(A) In general.--In the case of a taxable year
                beginning after 1997, the $50,000 and $80,000 amounts
                in paragraph (2)(A)(ii) shall each be increased by an
                amount equal to--
                            ``(i) such dollar amounts, multiplied by
                            ``(ii) the cost-of-living adjustment
                        determined under section 1(f)(3) for the
                        calendar year in which the taxable year begins,
                        determined by substituting `calendar year 1996'
                        for `calendar year 1992' in subparagraph (B)
                        thereof.
                    ``(B) Rounding.--If any amount as adjusted under
                subparagraph (A) is not a multiple of $5,000, such
amount shall be rounded to the next lowest multiple of $5,000.
    ``(c) Dependents Not Eligible for Deduction.--No deduction shall be
allowed by this section to an individual for the taxable year if a
deduction under section 151 with respect to such individual is allowed
to another taxpayer for the taxable year beginning in the calendar year
in which such individual's taxable year begins.
    ``(d) Definitions.--For purposes of this section--
            ``(1) Qualified education loan.--The term `qualified
        education loan' means any indebtedness incurred to pay
        qualified higher education expenses--
                    ``(A) which are incurred on behalf of the taxpayer
                or the taxpayer's spouse,
                    ``(B) which are paid or incurred within a
                reasonable period of time before or after the
                indebtedness is incurred, and
                    ``(C) which are attributable to education furnished
                during a period during which the recipient was at least
                a half-time student.
        Such term includes indebtedness used to refinance indebtedness
        which qualifies as a qualified education loan. The term
        `qualified education loan' shall not include any indebtedness
        owed to a person who is related (within the meaning of section
        267(b) or 707(b)(1)) to the taxpayer.
            ``(2) Qualified higher education expenses.--
                    ``(A) In general.--The term `qualified higher
                education expenses' means the excess of--
                            ``(i) tuition and fees required for the
                        enrollment or attendance of--
                                    ``(I) the taxpayer,
                                    ``(II) the taxpayer's spouse, or
                                    ``(III) any dependent of the
                                taxpayer with respect to whom the
                                taxpayer is allowed a deduction under
                                section 151,
                        as an eligible student at an institution of
                        higher education, over
                            ``(ii) the sum of--
                                    ``(I) the amount excluded from
                                gross income under section 135 by
                                reason of such tuition and fees, and
                                    ``(II) the amount of the reduction
                                described in section 135(d)(1).
                    ``(B) Exceptions.--Such term does not include--
                            ``(i) expenses with respect to any course
                        or other education involving sports, games, or
                        hobbies, unless such course or other education
                        is part of the student's degree program, and
                            ``(ii) student activity fees, athletic
                        fees, insurance expenses, or other expenses
                        unrelated to a student's academic course of
                        instruction.
                    ``(C) Eligible student.--The term `eligible
                student' means, with respect to any academic period, a
                student who--
                            ``(i) meets the requirements of section
                        484(a)(1) of the Higher Education Act of 1965
                        (20 U.S.C. 1091(a)(1)), as in effect on the
                        date of the enactment of this section, and
                            ``(ii) is carrying at least \1/2\ the
                        normal full-time work load for the course of
                        study the student is pursuing, as reasonably
                        determined by the institution of higher
                        education.
            ``(3) Institution of higher education.--The term
        `institution of higher education' means an institution--
                    ``(A) which is described in section 481 of the
                Higher Education Act of 1965 (20 U.S.C. 1088), as in
                effect on the date of the enactment of this section,
                and
                    ``(B) which is eligible to participate in programs
                under title IV of such Act.
        Such term includes an institution conducting an internship or
        residency program leading to a degree or certificate awarded by
        an institution of higher education, a hospital, or a health
        care facility which offers postgraduate training.
            ``(4) Full-time student.--The term `full-time student'
        means any student who is carrying at least the normal full-time
        work load for the course of study the student is pursuing, as
        reasonably determined by the institution of higher education.
            ``(5) Half-time student.--The term `half-time student'
        means any individual who would be a student as defined in
        section 151(c)(4) if `half-time' were substituted for `full-
        time' each place it appears in such section.
            ``(6) Dependent.--The term `dependent' has the meaning
        given such term by section 152.
    ``(e) Special Rules.--
            ``(1) Denial of double benefit.--No deduction shall be
        allowed under this section for any amount for which a deduction
        is allowable under any other provision of this chapter.
            ``(2) Married couples must file joint return.--If the
        taxpayer is married at the close of the taxable year, the
        deduction shall be allowed under subsection (a) only if the
        taxpayer and the taxpayer's spouse file a joint return for the
        taxable year.
            ``(3) Marital status.--Marital status shall be determined
        in accordance with section 7703.''
    (b) Deduction Allowed Whether or Not Taxpayer Itemizes Other
Deductions.--Subsection (a) of section 62 of such Code is amended by
inserting after paragraph (16) the following new paragraph:
            ``(17) Interest on education loans.--The deduction allowed
        by section 221.''
    (c) Reporting Requirement.--
            (1) In general.--Subpart B of part III of subchapter A of
        chapter 61 of such Code (relating to information concerning
        transactions with other persons) is amended by inserting after
        section 6050R the following new section:

``SEC. 6050S. RETURNS RELATING TO EDUCATION LOAN INTEREST RECEIVED IN
              TRADE OR BUSINESS FROM INDIVIDUALS.

    ``(a) Education Loan Interest of $600 or More.--Any person--
            ``(1) who is engaged in a trade or business, and
            ``(2) who, in the course of such trade or business,
        receives from any individual interest aggregating $600 or more
        for any calendar year on 1 or more qualified education loans,
shall make the return described in subsection (b) with respect to each
individual from whom such interest was received at such time as the
Secretary may by regulations prescribe.
    ``(b) Form and Manner of Returns.--A return is described in this
subsection if such return--
            ``(1) is in such form as the Secretary may prescribe,
            ``(2) contains--
                    ``(A) the name, address, and TIN of the individual
                from whom the interest described in subsection (a)(2)
                was received,
                    ``(B) the amount of such interest received for the
                calendar year, and
                    ``(C) such other information as the Secretary may
                prescribe.
    ``(c) Application to Governmental Units.--For purposes of
subsection (a)--
            ``(1) Treated as persons.--The term `person' includes any
        governmental unit (and any agency or instrumentality thereof).
            ``(2) Special rules.--In the case of a governmental unit or
        any agency or instrumentality thereof--
                    ``(A) subsection (a) shall be applied without
                regard to the trade or business requirement contained
                therein, and
                    ``(B) any return required under subsection (a)
                shall be made by the officer or employee appropriately
                designated for the purpose of making such return.
    ``(d) Statements To Be Furnished to Individuals With Respect to
Whom Information Is Required.--Every person required to make a return
under subsection (a) shall furnish to each individual whose name is
required to be set forth in such return a written statement showing--
            ``(1) the name and address of the person required to make
        such return, and
            ``(2) the aggregate amount of interest described in
        subsection (a)(2) received by the person required to make such
        return from the individual to whom the statement is required to
        be furnished.
The written statement required under the preceding sentence shall be
furnished on or before January 31 of the year following the calendar
year for which the return under subsection (a) was required to be made.
    ``(e) Qualified Education Loan Defined.--For purposes of this
section, except as provided in regulations prescribed by the Secretary,
the term `qualified education loan' has the meaning given such term by
section 221(d)(1).
    ``(f) Returns Which Would Be Required To Be Made by 2 or More
Persons.--Except to the extent provided in regulations prescribed by
the Secretary, in the case of interest received by any person on behalf
of another person, only the person first receiving such interest shall
be required to make the return under subsection (a).''
            (2) Assessable penalties.--Section 6724(d) of such Code
        (relating to definitions) is amended--
                    (A) by redesignating clauses (x) through (xv) as
                clauses (xi) through (xvi), respectively, in paragraph
                (1)(B) and by inserting after clause (ix) of such
                paragraph the following new clause:
                            ``(x) section 6050S (relating to returns
                        relating to education loan interest received in
                        trade or business from individuals),'', and
                    (B) by striking ``or'' at the end of the next to
                last subparagraph, by striking the period at the end of
                the last subparagraph and inserting ``, or'', and by
                adding at the end the following new subparagraph:
                    ``(Z) section 6050R (relating to returns relating
                to education loan interest received in trade or
                business from individuals).''
    (d) Clerical Amendments.--
            (1) The table of sections for part VII of subchapter B of
        chapter 1 of such Code is amended by striking the last item and
        inserting the following new items:

                              ``Sec. 221. Interest on education loans.
                              ``Sec. 222. Cross reference.''
            (2) The table of sections for subpart B of part III of
        subchapter A of chapter 61 of such Code is amended by inserting
        after the item relating to section 6050R the following new
        item:

                              ``Sec. 6050S. Returns relating to
                                        education loan interest
                                        received in trade or business
                                        from individuals.''
    (e) Effective Date.--The amendments made by this section shall
apply to any qualified education loan (as defined in section 221(d)(1)
of the Internal Revenue Code of 1986, as added by this section)
incurred on, before, or after the date of the enactment of this Act,
but only with respect to any loan interest payment due after December
31, 1996.

Output: Amends the Internal Revenue Code to with respect to the income exclusion for employer-provided educational assistance programs to: (1) make such exclusion permanent; and (2) include graduate school assistance.    Provides an income-based deduction for interest on qualified education loans incurred on behalf of a taxpayer or spouse (excludes dependents).  Sets forth reporting requirements for persons in the business of receiving interest from such loans.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Financial Assistance
Management Improvement Act of 1999''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) there are over 600 different Federal financial
        assistance programs to implement domestic policy;
            (2) while the assistance described in paragraph (1) has
        been directed at critical problems, some Federal administrative
        requirements may be duplicative, burdensome, or conflicting,
        thus impeding cost-effective delivery of services at the local
        level;
            (3) the Nation's State, local, and tribal governments and
        private, nonprofit organizations are dealing with increasingly
        complex problems which require the delivery and coordination of
        many kinds of services; and
            (4) streamlining and simplification of Federal financial
        assistance administrative procedures and reporting requirements
        will improve the delivery of services to the public.

SEC. 3. PURPOSES.

    The purposes of this Act are to--
            (1) improve the effectiveness and performance of Federal
        financial assistance programs;
            (2) simplify Federal financial assistance application and
        reporting requirements;
            (3) improve the delivery of services to the public; and
            (4) facilitate greater coordination among those responsible
        for delivering such services.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Director.--The term ``Director'' means the Director of
        the Office of Management and Budget.
            (2) Federal agency.--The term ``Federal agency'' means any
        agency as defined under section 551(1) of title 5, United
        States Code.
            (3) Federal financial assistance.--The term ``Federal
        financial assistance'' has the meaning given that term in
        section 7501(a)(5) of title 31, United States Code, under which
        Federal financial assistance is provided, directly or
        indirectly, to a non-Federal entity.
            (4) Local government.--The term ``local government'' means
        a political subdivision of a State that is a unit of general
        local government (as defined under section 7501(a)(11) of title
        31, United States Code);
            (5) Non-federal entity.--The term ``non-Federal entity''
        means a State, local government, or nonprofit organization.
            (6) Nonprofit organization.--The term ``nonprofit
        organization'' means any corporation, trust, association,
        cooperative, or other organization that--
                    (A) is operated primarily for scientific,
                educational, service, charitable, or similar purposes
                in the public interest;
                    (B) is not organized primarily for profit; and
                    (C) uses net proceeds to maintain, improve, or
                expand the operations of the organization.
            (7) State.--The term ``State'' means any State of the
        United States, the District of Columbia, the Commonwealth of
        Puerto Rico, the Virgin Islands, Guam, American Samoa, the
        Commonwealth of the Northern Mariana Islands, and the Trust
        Territory of the Pacific Islands, and any instrumentality
        thereof, any multi-State, regional, or interstate entity which
        has governmental functions, and any Indian Tribal Government.
            (8) Tribal government.--The term ``tribal government''
        means an Indian tribe, as that term is defined in section
        7501(a)(9) of title 31, United States Code.
            (9) Uniform administrative rule.--The term ``uniform
        administrative rule'' means a government-wide uniform rule for
        any generally applicable requirement established to achieve
        national policy objectives that applies to multiple Federal
        financial assistance programs across Federal agencies.

SEC. 5. DUTIES OF FEDERAL AGENCIES.

    (a) In General.--Not later than 18 months after the date of the
enactment of this Act, each Federal agency shall develop and implement
a plan that--
            (1) streamlines and simplifies the application,
        administrative, and reporting procedures for Federal financial
        assistance programs administered by the agency;
            (2) demonstrates active participation in the interagency
        process under section 6(a)(2);
            (3) demonstrates appropriate agency use, or plans for use,
        of the common application and reporting system developed under
        section 6(a)(1);
            (4) designates a lead agency official for carrying out the
        responsibilities of the agency under this Act;
            (5) allows applicants to electronically apply for, and
        report on the use of, funds from the Federal financial
        assistance program administered by the agency in a manner not
        inconsistent with the Government Paperwork Elimination Act
        (title XVII of Public Law 105-277);
            (6) ensures recipients of Federal financial assistance
        provide timely, complete, and high quality information in
        response to Federal reporting requirements; and
            (7) establishes specific annual goals and objectives to
        further the purposes of this Act and measure annual performance
        in achieving those goals and objectives, which may be done as
        part of the agency's annual planning responsibilities under the
        provisions enacted in the Government Performance and Results
        Act of 1993 (Public Law 103-62).
    (b) Extension.--If one or more agencies are unable to comply with
the requirements of subsection (a), the Director shall report to the
Committee on Governmental Affairs of the Senate and the Committee on
Government Reform of the House of Representatives the reasons for
noncompliance. After consultation with such committees, the Director
may extend the period for plan development and implementation for each
noncompliant agency for up to 12 months.
    (c) Comment and Consultation on Agency Plans.--
            (1) Comment.--Each agency shall publish the plan developed
        under subsection (a) in the Federal Register and shall receive
        public comment of the plan through the Federal Register and
        other means (including electronic means). To the maximum extent
        practicable, each Federal agency shall hold public forums on
        the plan.
            (2) Consultation.--The lead official designated under
        subsection (a)(4) shall consult with representatives of non-
        Federal entities during development and implementation of the
        plan. Consultation with representatives of State, local, and
        tribal governments shall be in accordance with section 204 of
        the Unfunded Mandates Reform Act of 1995 (Public Law 104-4; 2
        U.S.C. 1534).
    (d) Submission of Plan.--Each Federal agency shall submit the plan
developed under subsection (a) to the Director and Congress and report
annually thereafter on the implementation of the plan and performance
of the agency in meeting the goals and objectives specified under
subsection (a)(7). Such report may be included as part of any of the
general management reports required under law.
    (e) Department of Housing and Urban Development.--(1) Not later
than 18 months after the date of the enactment of this Act, the
Department of Housing and Urban Development shall develop and implement
a plan that establishes policies and procedures regarding an applicant
who has submitted an application for Federal financial assistance to
the agency that includes a technical deficiency under which--
            (A) the applicant shall be notified promptly of the
        deficiency and permitted to submit the appropriate information
        to correct the deficiency within 7 days of receipt of notice by
        the applicant of the deficiency, notwithstanding that the
        deadline for submission of an application has expired;
            (B) the application shall continue to be considered by the
        agency during the period before the applicant is notified and
        the 7-day period during which the applicant is permitted to
        correct the deficiency; and
            (C) if the applicant corrects the deficiency within the 7-
        day period, the agency shall continue to consider the
        application.
    (2) A deficiency (including, but not limited to, a misfiling,
error, or omission) may be considered technical for purposes of this
subsection notwithstanding a material impact on the eligibility of an
applicant or proposed activity for requested funding. A technical
deficiency for purposes of this subsection does not include the failure
to submit a substantially complete application by a deadline published
in the Federal Register.

SEC. 6. DUTIES OF THE DIRECTOR.

    (a) In General.--The Director, in consultation with agency heads,
and representatives of non-Federal entities, shall direct, coordinate
and assist Federal agencies in establishing:
            (1)(A) a common application or set of common applications,
        wherein a non-Federal entity can apply for Federal financial
        assistance from multiple Federal financial assistance programs
        that serve similar purposes and are administered by different
        Federal agencies;
            (B) a common system, including electronic processes,
        wherein a non-Federal entity can apply for, manage, and report
        on the use of funding from multiple Federal financial
        assistance programs that serve similar purposes and are
        administered by different Federal agencies; and
            (C) uniform administrative rules for Federal financial
        assistance programs across different Federal agencies.
            (2) An interagency process for addressing--
                    (A) ways to streamline and simplify Federal
                financial assistance administrative procedures and
                reporting requirements for non-Federal entities;
                    (B) improved interagency and intergovernmental
                coordination of information collection and sharing of
                data pertaining to Federal financial assistance
                programs, including appropriate information sharing
                consistent with the provisions in the Privacy Act of
                1974 (Public Law 93-579); and
                    (C) improvements in the timeliness, completeness,
                and quality of information received by Federal agencies
                from recipients of Federal financial assistance.
    (b) Lead Agency and Working Groups.--The Director may designate a
lead agency to assist the Director in carrying out the responsibilities
under this section. The Director may use interagency working groups to
assist in carrying out such responsibilities.
    (c) Review of Plans and Reports.--Agencies shall submit to the
Director, upon his request and for his review, information and other
reporting regarding their implementation of this Act.
    (d) Exemptions.--The Director may exempt any Federal agency or
Federal financial assistance program from the requirements of this Act
if the Director determines that the Federal agency does not have a
significant number of Federal financial assistance programs. The
Director shall maintain a list of exempted agencies which will be
available to the public through the Internet site of the Office of
Management and Budget.
    (e) Report on Recommended Changes in Law.--Not later than 18 months
after the date of the enactment of this Act, the Director shall submit
to Congress a report containing recommendations for changes in law to
improve the effectiveness and performance of Federal financial
assistance programs.

SEC. 7. EVALUATION.

    (a) In General.--The Director (or the lead agency designated under
section 6(b)) shall contract with the National Academy of Public
Administration to evaluate the effectiveness of this Act. Not later
than 4 years after the date of the enactment of this Act, the
evaluation shall be submitted to the lead agency, the Director, and
Congress. The evaluation shall be performed with input from State,
local, and tribal governments, and nonprofit organizations.
    (b) Contents.--The evaluation under subsection (a) shall--
            (1) assess the effectiveness of this Act in meeting the
        purposes of this Act and make specific recommendations to
        further the implementation of this Act;
            (2) evaluate actual performance of each agency in achieving
        the goals and objectives stated in agency plans;
            (3) assess the level of coordination among the Director,
        Federal agencies, State, local, and tribal governments, and
        nonprofit organizations in implementing this Act.

SEC. 8. COLLECTION OF INFORMATION.

    Nothing in this Act shall be construed to prevent the Director or
any Federal agency from gathering, or to exempt any recipient of
Federal financial assistance from providing, information that is
required for review of the financial integrity or quality of services
of an activity assisted by a Federal financial assistance program.

SEC. 9. JUDICIAL REVIEW.

    There shall be no judicial review of compliance or noncompliance
with any of the provisions of this Act. No provision of this Act shall
be construed to create any right or benefit, substantive or procedural,
enforceable by any administrative or judicial action.

SEC. 10. STATUTORY REQUIREMENTS.

    Nothing in this Act shall be construed as a means to deviate from
the statutory requirements relating to applicable Federal financial
assistance programs.

SEC. 11. EFFECTIVE DATE AND SUNSET.

    This Act shall take effect on the date of the enactment of this Act
and shall cease to be effective five years after such date of
enactment.

SEC. 12. SENSE OF THE CONGRESS REGARDING FEDERAL FINANCIAL ASSISTANCE.

    It is the sense of the Congress that Federal agencies, in providing
Federal financial assistance for the purpose of economic development,
should focus primarily on communities with high poverty and
unemployment rates.

            Passed the House of Representatives February 24, 1999.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.

Output: Federal Financial Assistance Management Improvement Act of 1999 - Directs each Federal agency to develop and implement a plan that, among other things, streamlines and simplifies the application, administrative, and reporting procedures for Federal financial assistance programs administered by the agency.  Requires each agency to publish the plan in the Federal Register, receive public comment, and hold public forums on the plan.  Requires the designated lead agency official to consult with the representatives of non-Federal entities during plan development and implementation. Requires each Federal agency to submit the plan developed to the Director of the Office of Management and Budget (OMB) and the Congress and report annually thereafter on plan implementation and agency performance in meeting goals and objectives. Directs the Department of Housing and Urban Development to develop and implement a plan that establishes policies and procedures regarding an applicant who has submitted an application for Federal financial assistance to the agency that includes a technical deficiency under which the applicant: (1) shall be notified of the deficiency and be permitted to submit information to correct the deficiency within seven days; and (2) shall continue to be considered by the agency during such period and after such period if the deficiency is corrected. Requires the Director to direct, coordinate and assist Federal agencies in establishing: (1) a common application or set of common applications wherein a non-Federal entity can apply for Federal financial assistance from multiple Federal programs; (2) a common system wherein a non-Federal entity can apply for, manage, and report on the use of funding from multiple Federal programs; (3) uniform administrative rules for Federal financial assistance programs across different agencies; and (4) an interagency process for addressing ways to streamline and simplify Federal financial assistance administrative procedures and reporting requirements for non-Federal entities, ways to improve interagency and intergovernmental coordination of information collection and data sharing pertaining to Federal financial assistance programs, and ways to improve the timeliness, completeness, and quality of information received from financial assistance recipients. Permits the Director to: (1) designate a lead agency to assist him or her and use interagency working groups to assist in carrying out such responsibilities; and (2) exempt any Federal agency or Federal financial assistance program from the requirements of this Act if the Director determines that the agency does not have a significant number of Federal financial assistance programs.  Requires the Director to maintain a list of exempted agencies available to the public through OMB's Internet site. Requires the Director to submit to the Congress a report containing recommendations for changes in law to improve the effectiveness and performance of Federal financial assistance programs. Requires the Director or lead agency to contract with the National Academy of Public Administration to evaluate the effectiveness of this Act.  Requires the evaluation to be submitted to the lead agency, the Director, and the Congress. Requires the evaluation to be performed with input from State, local, and tribal governments and nonprofit organizations.  Terminates this Act five years after enactment. Expresses the sense of the Congress that Federal agencies, in providing Federal financial assistance for economic development, should focus on communities with high poverty and unemployment rates.


Input:
SECTION 1. REPEAL OF CARRYOVER BASIS; ETC.

    (a) In General.--Subtitles A and E of title V of the Economic
Growth and Tax Relief Reconciliation Act of 2001, and the amendments
made by such subtitles, are hereby repealed; and the Internal Revenue
Code of 1986 shall be applied as if such subtitles, and amendments, had
never been enacted.
    (b) Sunset Not To Apply.--
            (1) Subsection (a) of section 901 of the Economic Growth
        and Tax Relief Reconciliation Act of 2001 is amended by
        striking ``this Act'' and all that follows and inserting ``this
        Act (other than title V) shall not apply to taxable, plan, or
        limitation years beginning after December 31, 2010.''.
            (2) Subsection (b) of such section 901 is amended by
        striking ``, estates, gifts, and transfers''.
    (c) Conforming Amendments.--Subsections (d) and (e) of section 511
of the Economic Growth and Tax Relief Reconciliation Act of 2001, and
the amendments made by such subsections, are hereby repealed; and the
Internal Revenue Code of 1986 shall be applied as if such subsections,
and amendments, had never been enacted.

SEC. 2. MODIFICATIONS TO ESTATE TAX.

    (a) Increase in Exclusion Equivalent of Unified Credit to
$3,500,000.--
            (1) In general.--Subsection (c) of section 2010 of the
        Internal Revenue Code of 1986 (relating to applicable credit
        amount) is amended by striking all that follows ``the
        applicable exclusion amount'' and inserting ``. For purposes of
        the preceding sentence, the applicable exclusion amount is
        $3,500,000 ($3,000,000 in the case of estates of decedents
        dying, and gifts made, after December 31, 2002, and before
        January 1, 2009).''.
            (2) Earlier termination of section 2057.--Subsection (f) of
        section 2057 of such Code is amended by striking ``December 31,
        2003'' and inserting ``December 31, 2002''.
    (b) Maximum Estate Tax Rate To Remain at 50 Percent; Phaseout of
Graduated Rates and Unified Credit.--Paragraph (2) of section 2001(c)
of such Code is amended to read as follows:
            ``(2) Phaseout of graduated rates and unified credit.--The
        tentative tax determined under paragraph (1) shall be increased
        by an amount equal to 5 percent of so much of the amount (with
        respect to which the tentative tax is to be computed) as
        exceeds $10,000,000. The amount of the increase under the
        preceding sentence shall not exceed the sum of the applicable
        credit amount under section 2010(c) and $224,200.''
    (c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying, and gifts made, after December 31,
2002.

SEC. 3. VALUATION RULES FOR CERTAIN TRANSFERS OF NONBUSINESS ASSETS;
              LIMITATION ON MINORITY DISCOUNTS.

    (a) In General.--Section 2031 of the Internal Revenue Code of 1986
(relating to definition of gross estate) is amended by redesignating
subsection (d) as subsection (f) and by inserting after subsection (c)
the following new subsections:
    ``(d) Valuation Rules for Certain Transfers of Nonbusiness
Assets.--For purposes of this chapter and chapter 12--
            ``(1) In general.--In the case of the transfer of any
        interest in an entity other than an interest which is actively
        traded (within the meaning of section 1092)--
                    ``(A) the value of any nonbusiness assets held by
                the entity shall be determined as if the transferor had
                transferred such assets directly to the transferee (and
                no valuation discount shall be allowed with respect to
                such nonbusiness assets), and
                    ``(B) the nonbusiness assets shall not be taken
                into account in determining the value of the interest
                in the entity.
            ``(2) Nonbusiness assets.--For purposes of this
        subsection--
                    ``(A) In general.--The term `nonbusiness asset'
                means any asset which is not used in the active conduct
                of 1 or more trades or businesses.
                    ``(B) Exception for certain passive assets.--Except
                as provided in subparagraph (C), a passive asset shall
                not be treated for purposes of subparagraph (A) as used
                in the active conduct of a trade or business unless--
                            ``(i) the asset is property described in
                        paragraph (1) or (4) of section 1221(a) or is a
                        hedge with respect to such property, or
                            ``(ii) the asset is real property used in
                        the active conduct of 1 or more real property
                        trades or businesses (within the meaning of
                        section 469(c)(7)(C)) in which the transferor
                        materially participates and with respect to
                        which the transferor meets the requirements of
                        section 469(c)(7)(B)(ii).
                For purposes of clause (ii), material participation
                shall be determined under the rules of section 469(h),
                except that section 469(h)(3) shall be applied without
                regard to the limitation to farming activity.
                    ``(C) Exception for working capital.--Any asset
                (including a passive asset) which is held as a part of
                the reasonably required working capital needs of a
                trade or business shall be treated as used in the
                active conduct of a trade or business.
            ``(3) Passive asset.--For purposes of this subsection, the
        term `passive asset' means any--
                    ``(A) cash or cash equivalents,
                    ``(B) except to the extent provided by the
                Secretary, stock in a corporation or any other equity,
                profits, or capital interest in any entity,
                    ``(C) evidence of indebtedness, option, forward or
                futures contract, notional principal contract, or
                derivative,
                    ``(D) asset described in clause (iii), (iv), or (v)
                of section 351(e)(1)(B),
                    ``(E) annuity,
                    ``(F) real property used in 1 or more real property
                trades or businesses (as defined in section
                469(c)(7)(C)),
                    ``(G) asset (other than a patent, trademark, or
                copyright) which produces royalty income,
                    ``(H) commodity,
                    ``(I) collectible (within the meaning of section
                401(m)), or
                    ``(J) any other asset specified in regulations
                prescribed by the Secretary.
            ``(4) Look-thru rules.--
                    ``(A) In general.--If a nonbusiness asset of an
                entity consists of a 10-percent interest in any other
                entity, this subsection shall be applied by
                disregarding the 10-percent interest and by treating
                the entity as holding directly its ratable share of the
                assets of the other entity. This subparagraph shall be
                applied successively to any 10-percent interest of such
                other entity in any other entity.
                    ``(B) 10-percent interest.--The term `10-percent
                interest' means--
                            ``(i) in the case of an interest in a
                        corporation, ownership of at least 10 percent
                        (by vote or value) of the stock in such
                        corporation,
                            ``(ii) in the case of an interest in a
                        partnership, ownership of at least 10 percent
                        of the capital or profits interest in the
                        partnership, and
                            ``(iii) in any other case, ownership of at
                        least 10 percent of the beneficial interests in
                        the entity.
            ``(5) Coordination with subsection (b).--Subsection (b)
        shall apply after the application of this subsection.
    ``(e) Limitation on Minority Discounts.--For purposes of this
chapter and chapter 12, in the case of the transfer of any interest in
an entity other than an interest which is actively traded (within the
meaning of section 1092), no discount shall be allowed by reason of the
fact that the transferee does not have control of such entity if the
transferee and members of the family (as defined in section
2032A(e)(2)) of the transferee have control of such entity.''
    (b) Effective Date.--The amendments made by this section shall
apply to transfers after the date of the enactment of this Act.

Output: Amends the Economic Growth and Tax Relief Reconciliation Act of 2001 to repeal subtitles A (Repeal of Estate and Generation-Skipping Transfer Taxes) and E (Carryover Basis at Death; Other Changes Taking Effect With Repeal) of title V (Estate, Gift, and Generation-Skipping Transfer Tax Provisions. Repeals the sunset provisions applicable to the remaining provisions of title V.Increases the unified tax credit amount for years before 2009. Modifies provisions concerning phaseout of graduated rates and unified credit.Sets valuation rules for certain transfers of "nonbusiness assets," or assets not used in the active conduct of one or more trades or businesses. Sets forth criteria under which certain "passive assets" shall not be treated as used in the active conduct of business and defines "passive assets."Specifies a limitation on minority discounts.