Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Personal Privacy Protection Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress makes the following findings:
            (1) Individuals and their families have been harassed and
        endangered by being persistently followed or chased in a manner
        that puts them in reasonable fear of bodily injury, and in
        danger of serious bodily injury or even death, by
        photographers, videographers, and audio recorders attempting to
        capture images or other reproductions of their private lives
        for commercial purposes.
            (2) The legitimate privacy interests of individuals and
        their families have been violated by photographers,
        videographers, and audio recorders who physically trespass in
        order to capture images or other reproductions of their private
        lives for commercial purposes, or who do so constructively
        through intrusive modern visual or auditory enhancement
        devices, such as powerful telephoto lenses and hyperbolic
        microphones that enable invasion of private areas that would
        otherwise be impossible without trespassing.
            (3) Such harassment and trespass threatens not only
        professional public persons and their families, but also
        private persons and their families for whom personal tragedies
        or circumstances beyond their control create media interest.
            (4) Federal legislation is necessary to protect individuals
        and their families from persistent following or chasing for
        commercial purposes that causes reasonable fear of bodily
        injury, because such harassment is not directly regulated by
        applicable Federal, State, and local statutory or common laws,
        because those laws provide an uneven patchwork of coverage, and
        because those laws may not cover such activities when
        undertaken for commercial purposes.
            (5) Federal legislation is necessary to prohibit and
        provide proper redress in Federal courts for trespass and
        constructive trespass using intrusive visual or auditory
        enhancement devices for commercial purposes, because
        technological advances such as telephoto lenses and hyperbolic
        microphones render inadequate existing common law and State and
        local regulation of such trespass and invasion of privacy.
            (6) There is no right, under the first amendment to the
        Constitution of the United States, to persistently follow or
        chase another in a manner that creates a reasonable fear of
        bodily injury, to trespass, or to constructively trespass
        through the use of intrusive visual or auditory enhancement
        devices.
            (7) This Act, and the amendments made by this Act, do not
        in any way regulate, prohibit, or create liability for
        publication or broadcast of any image or information, but
        rather use narrowly tailored means to prohibit and create
        liability for specific dangerous and intrusive activities that
        the Federal Government has an important interest in preventing,
        and ensure a safe and secure private realm for individuals
        against intrusion, which the Federal Government has an
        important interest in ensuring.
            (8) This Act protects against unwarranted harassment,
        endangerment, invasion of privacy, and trespass in an
        appropriately narrowly tailored manner without abridging the
        exercise of any rights guaranteed under the first amendment to
        the Constitution of the United States, or any other provision
        of law.
            (9) Congress has the affirmative power under section 8 of
        article I of the Constitution of the United States to enact
        this Act.
            (10) Because this Act regulates only conduct undertaken in
        order to create products intended to be and routinely
        transmitted, bought, or sold in interstate or foreign commerce,
        or persons who travel in interstate or foreign commerce in
        order to engage in regulated conduct, the Act is limited
        properly to regulation of interstate or foreign commerce.
            (11) Photographs and other reproductions of the private
        activities of persons obtained through activities regulated by
        this Act, and the amendments made by this Act, are routinely
        reproduced and broadcast in interstate and international
        commerce.
            (12) Photographers, videographers, and audio recorders
        routinely travel in interstate commerce in order to engage in
        the activities regulated by this Act, and the amendments made
        by this Act, with the intent, expectation, and routine result
        of gaining material that is bought and sold in interstate
        commerce.
            (13) The activities regulated by this Act, and the
        amendments made by this Act, occur routinely in the channels of
        interstate commerce, such as the persistent following or
        chasing of subjects in an inappropriate manner on public
        streets and thoroughfares or in airports, and the use of public
        streets and thoroughfares, interstate and international
        airports, and travel in interstate and international waters in
        order to physically or constructively trespass for commercial
        purposes.
            (14) The activities regulated by this Act, and the
        amendments made by this Act, substantially affect interstate
        commerce by threatening the careers, livelihoods, and rights to
        publicity of professional public persons in the national and
        international media, and by thrusting private persons into the
national and international media.
            (15) The activities regulated by this Act, and the
        amendments made by this Act, substantially affect interstate
        commerce by restricting the movement of persons who are
        targeted by such activities and their families, often forcing
        them to curtail travel or appearances in public spaces, or,
        conversely, forcing them to travel in interstate commerce in
        order to escape from abuses regulated by this Act, and the
        amendments made by this Act.
    (b) Purposes.--The purposes of this Act are--
            (1) to protect individuals and their families against
        reasonable fear of bodily injury, endangerment, trespass, and
        intrusions on their privacy due to activities undertaken in
        connection with interstate and international commerce in
        reproduction and broadcast of their private activities;
            (2) to protect interstate commerce affected by such
        activities, including the interstate commerce of individuals
        who are the subject of such activities; and
            (3) to establish the right of private parties injured by
        such activities, as well as the Attorney General of the United
        States and State attorneys general in appropriate cases, to
        bring actions for appropriate relief.

SEC. 3. CRIMINAL OFFENSE.

    (a) In General.--Chapter 89 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1822. Harassment for commercial purposes
    ``(a) Definitions.--In this section:
            ``(1) For commercial purposes.--
                    ``(A) In general.--The term `for commercial
                purposes' means with the expectation of sale, financial
                gain, or other consideration.
                    ``(B) Rule of construction.--For purposes of this
                section, a visual image, sound recording, or other
                physical impression shall not be found to have been, or
                intended to have been, captured for commercial purposes
                unless it was intended to be, or was in fact, sold,
                published, or transmitted in interstate or foreign
                commerce, or unless the person attempting to capture
                such image, recording, or impression moved in
                interstate or foreign commerce in order to capture such
                image, recording, or impression.
            ``(2) Harasses.--The term `harasses' means persistently
        physically follows or chases a person in a manner that causes
        the person to have a reasonable fear of bodily injury, in order
        to capture by a visual or auditory recording instrument any
        type of visual image, sound recording, or other physical
        impression of the person for commercial purposes.
    ``(b) Prohibition and Penalties.--Whoever harasses any person
within the United States or the special maritime and territorial
jurisdiction of the United States--
            ``(1) if death is proximately caused by such harassment,
        shall be imprisoned not less than 20 years and fined under this
        title;
            ``(2) if serious bodily injury is proximately caused by
        such harassment, shall be imprisoned not less than 5 years and
        fined under this title; and
            ``(3) if neither death nor serious bodily injury is
        proximately caused by such harassment, shall be imprisoned not
        more than 1 year, fined under this title, or both.
    ``(c) Cause of Action.--Any person who is legally present in the
United States and who is subjected to a violation of this section may,
in a civil action against the person engaging in the violation, obtain
any appropriate relief, including compensatory damages, punitive
damages, and injunctive and declaratory relief. In any civil action or
proceeding to enforce a provision of this section, the court shall
allow the prevailing party reasonable attorney's fees as part of the
costs. In awarding attorney's fees, the court shall include expert fees
as part of the attorney's fees.
    ``(d) Limitation on Defenses.--It is not a defense to a prosecution
or civil action under this section that--
            ``(1) no image or recording was captured; or
            ``(2) no image or recording was sold.
    ``(e) Use of Images.--Nothing in this section may be construed to
make the sale, transmission, publication, broadcast, or use of any
image or recording of the type or under the circumstances described in
this section in any otherwise lawful manner by any person subject to
criminal charge or civil liability.
    ``(f) Limitation.--Only a person physically present at the time of,
and engaging or assisting another in engaging in, a violation of this
section is subject to criminal charge or civil liability under this
section. A person shall not be subject to such charge or liability by
reason of the conduct of an agent, employee, or contractor of that
person or because images or recordings captured in violation of this
section were solicited, bought, used, or sold by that person.
    ``(g) Law Enforcement Exemption.--The prohibitions of this section
do not apply with respect to official law enforcement activities.
    ``(h) Savings.--Nothing in this section shall be taken to preempt
any right or remedy otherwise available under Federal, State or local
law.''.
    (b) Technical Amendment.--The analysis for chapter 89 of title 18,
United States Code, is amended by adding at the end the following:

``1822. Harassment for commercial purposes.''.

SEC. 4. PERSONAL INTRUSION FOR COMMERCIAL PURPOSES.

    (a) Definition of For Commercial Purposes.--
            (1) In general.--In this section, the term `for commercial
        purposes' means with the expectation of sale, financial gain,
        or other consideration.
            (2) Rule of construction.--For purposes of this section, a
        visual image, sound recording, or other physical impression
        shall not be found to have been, or intended to have been,
        captured for commercial purposes unless it was intended to be,
        or was in fact, sold, published, or transmitted in interstate
        or foreign commerce, or unless the person attempting to capture
        such image, recording, or impression moved in interstate or
        foreign commerce in order to capture such image, recording, or
        impression.
    (b) Trespass for Commercial Purposes and Invasion of Legitimate
Interest in Privacy for Commercial Purposes.--
            (1) Trespass for commercial purposes.--It shall be unlawful
        to trespass on private property in order to capture any type of
        visual image, sound recording, or other physical impression of
        any person for commercial purposes.
            (2) Invasion of legitimate interest in privacy for
        commercial purposes.--It shall be unlawful to capture any type
        of visual image, sound recording, or other physical impression
        for commercial purposes of a personal or familial activity
        through the use of a visual or auditory enhancement device,
        even if no physical trespass has occurred, if--
                    (A) the subject of the image, sound recording, or
                other physical impression has a reasonable expectation
                of privacy with respect to the personal or familial
                activity captured; and
                    (B) the image, sound recording, or other physical
                impression could not have been captured without a
                trespass if not produced by the use of the enhancement
                device.
    (c) Cause of Action.--Any person who is legally present in the
United States who is subjected to a violation of this section may, in a
civil action against the person engaging in the violation, obtain any
appropriate relief, including compensatory damages, punitive damages
and injunctive and declaratory relief. A person obtaining relief may be
either or both the owner of the property or the person whose visual or
auditory impression has been captured. In any civil action or
proceeding to enforce a provision of this section, the court shall
allow the prevailing party reasonable attorney's fees as part of the
costs. In awarding attorney's fees, the court shall include expert fees
as part of the attorney's fees.
    (d) Limitation on Defenses.--It is not a defense to an action under
this section that--
            (1) no image or recording was captured; or
            (2) no image or recording was sold.
    (e) Use of Images.--Nothing in this section may be construed to
make the sale, transmission, publication, broadcast, or use of any
image or recording of the type or under the circumstances described
herein in any otherwise lawful manner by any person subject to criminal
charge or civil liability.
    (f) Limitation.--Only a person physically present at the time of,
and engaging or assisting another in engaging in, a violation of this
section is subject to civil liability under this section. A person
shall not be subject to such liability by reason of the conduct of an
agent, employee, or contractor of that person, or because images or
recordings captured in violation of this section were solicited,
bought, used, or sold by that person.
    (g) Law Enforcement Exemption.--The prohibitions of this section do
not apply with respect to official law enforcement activities.
    (h) Savings.--Nothing in this section shall be taken to preempt any
right or remedy otherwise available under Federal, State, or local law.

SEC. 5. SEVERABILITY.

    If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act,
the amendments made by this Act, and the application of the provisions
of such to any person or circumstance shall not be affected thereby.

Output:
Personal Privacy Protection Act - Amends the Federal criminal code to prohibit and set penalties for harassing any person within the United States or the U.S. special maritime and territorial jurisdiction.
Defines "harass" to mean persistently physically following or chasing a person in a manner that causes such person to have a reasonable fear of bodily injury, in order to capture by a visual or auditory recording instrument any type of visual image, sound recording, or other physical impression of the person for commercial purposes.
Prohibits:  (1) trespassing on private property in order to capture any type of visual image, sound recording, or other physical impression of any person for commercial purposes; and (2) capturing any such image, recording, or impression of a personal or familial activity through the use of a visual or auditory enhancement device, even if no physical trespass has occurred, if the subject has a reasonable expectation of privacy with respect to the activity captured and if the image, recording, or impression could not have been captured without a trespass if not produced by the use of the enhancement device.
Authorizes any person who is legally present in the United States and who is subjected to a violation of this Act to bring a civil action to obtain compensatory and punitive damages and injunctive and declaratory relief.  Directs the court to allow the prevailing party reasonable attorney's fees, including expert fees.
Specifies that:  (1) it shall not be a defense to a prosecution or civil action that no image or recording was captured or sold; and (2) only a person physically present at the time of, and engaging or assisting another in engaging in, a violation is subject to criminal charge or civil liability under this Act.
Makes this Act's prohibitions inapplicable to official law enforcement activities.


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SECTION 1. FINDINGS.
    Congress finds the following:
        (1)(A) Private First Class Franklin Runyon Sousley was born on
    September 19, 1925, in Hilltop, Kentucky. Sousley served as a
    marine in the United States Marine Corps during the period
    beginning on January 5, 1944, and ending March 21, 1945. Sousley
    graduated from Fleming County High School in May 1943 and chose to
    enlist in the United States Marine Corps. Upon completion of
    military basic training, he was assigned to Company E, 2d
    Battalion, 28th Marines, of the 5th Marines Division at Camp
    Pendleton, California, as an automatic rifleman.
        (B) Private Sousley was promoted to a private first class on
    November 22, 1944. Pfc. Sousley landed on Iwo Jima on Friday,
    February 19, 1945, and actively fought in the battle for the
    islands. During the intense fighting, members of the United States
    Armed Forces secured Mount Suribachi and hoisted a United States
    flag on top of the summit on February 23, 1945. On February 23,
    1945, Pfc. Sousley, alongside Corporal Harlon Block, HM John
    Bradley, Pfc. Rene Gagnon, Pfc. Ira Hayes, and Sergeant Michael
    Strank followed orders to raise a larger United States flag so it
    could be seen over the island. The iconic photograph taken of the
    six men, while they raised the United States flag attached to a
    heavy Japanese pipe has led to an immortalized symbol of American
    bravery, perseverance, and sacrifice endured by members of the
    United States Armed Forces during the intense battles of World War
    II. Pfc. Sousley was killed in combat by a Japanese sniper around
    Kitano Point on March 21, 1945.
        (C) Originally buried in the 5th Marine Division Cemetery at
    Iwo Jima in plot 9, row 8, grave 2189, on March 22, 1945, his
    remains were returned to the United States on May 8, 1947, where he
    was finally laid to rest at Elizaville Cemetery in Fleming County,
    Kentucky. Pfc. Sousley was posthumously awarded the Purple Heart,
    the Combat Action Ribbon, the Presidential Unit Citation with \5/
    16\" Silver Star, the American Campaign Medal, the Asiatic-Pacific
    Campaign Medal with \3/16\" Bronze Star, and the World War II
    Victory Medal.
        (2)(A) Mr. Troy Bowling was born on July 2, 1926, in Hamilton,
    Ohio and completed his life's service on June, 17, 2017, at the age
    of 90 years old. At age 17, Mr. Bowling began his service as a
    United States Marine and was a proud member of the Easy Company,
    2nd Battalion, 27th Marines, 5th Division. During the United States
    campaign to end the war against Japan, Mr. Bowling's unit was among
    the first to arrive on the beachheads of Iwo Jima.
        (B) While attempting to secure Mt. Suribachi, his unit came
    under intense and concentrated fire, completely overwhelming his
    unit. Two projectiles struck Mr. Bowling in the chest and leg,
    leaving him critically wounded on the battlefield. At that moment,
    Mr. Bowling said he looked to the heavens and committed to serving
    mankind for the rest of his life if he survived.
        (C) Miraculously, a combat photographer and medical team then
    carried Mr. Bowling to the safety of a landing craft where he
    witnessed the planting of the American flag atop Mt. Suribachi--an
    iconic image that persists as one of the most legendary and
    triumphant moments of the war. The United States Marines eventually
    took control of the island; however, this victory came at a heavy
    cost as more than 6,800 United States service members gave their
    lives during the battle of Iwo Jima.
        (D) In keeping faith with his commitment to God made during
    that battle, Mr. Bowling devoted more than 78,000 hours of
    volunteer service to others at the Lexington VA Medical Center. For
    more than 66 years, Mr. Bowling has risen through the ranks within
    the Disabled American Veterans (DAV) organization, holding nearly
    every position possible, including State Commander. Mr. Bowling
    received the George H. Seal Award for outstanding volunteer, which
    he received at the 2005 National DAV Convention in Las Vegas and
    the Lifetime Service Achievement Award from the Department of
    Veteran Affairs. Mr. Bowling was also nominated and selected to be
    inducted in the Kentucky Veterans Hall of Fame for his lifetime of
    service to veterans.
SEC. 2. LEXINGTON VA HEALTH CARE SYSTEM.
    (a) Designation.--The health care system of the Department of
Veterans Affairs in Lexington, Kentucky, shall after the date of the
enactment of this Act be known and designated as the ``Lexington VA
Health Care System''.
    (b) References.--Any reference in any law, regulation, map,
document, paper, or other record of the United States to the health
care system referred to in subsection (a) shall be deemed to be a
reference to the ``Lexington VA Health Care System''.
SEC. 3. TROY BOWLING CAMPUS.
    (a) Designation.--The health care facility of the Department of
Veterans Affairs located at 1101 Veterans Drive in Lexington, Kentucky,
shall after the date of the enactment of this Act be known and
designated as the ``Troy Bowling Campus''.
    (b) References.--Any reference in any law, regulation, map,
document, paper, or other record of the United States to the health
care facility referred to in subsection (a) shall be deemed to be a
reference to the ``Troy Bowling Campus''.
SEC. 4. FRANKLIN R. SOUSLEY CAMPUS.
    (a) Designation.--The health care facility of the Department of
Veterans Affairs located at 2250 Leestown Road in Lexington, Kentucky,
shall after the date of the enactment of this Act be known and
designated as the ``Franklin R. Sousley Campus''.
    (b) References.--Any reference in any law, regulation, map,
document, paper, or other record of the United States to the health
care facility referred to in subsection (a) shall be deemed to be a
reference to the ``Franklin R. Sousley Campus''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and
                                               President of the Senate.

Output: (Sec. 2) This bill designates the Department of Veterans Affairs: (1) health care system in Lexington, Kentucky, as the "Lexington VA Health Care System," (2) health care facility at 1101 Veterans Drive, Lexington, Kentucky, as the "Troy Bowling Campus," and (3) health care facility at 2250 Leestown Road, Lexington, Kentucky, as the "Franklin R. Sousley Campus."


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Low Income Community Development Tax
Credit Act of 1995''.

SEC. 2. CREDIT FOR NONRESIDENTIAL BUILDINGS CONSTRUCTED OR RENOVATED IN
              DISTRESSED AREAS.

    (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. 45C. CREDIT FOR NONRESIDENTIAL BUILDINGS IN DISTRESSED AREAS.

    ``(a) In General.--For purposes of section 38, the amount of the
distressed area building credit determined under this section for any
taxable year in the credit period shall be an amount equal to--
            ``(1) the applicable percentage of
            ``(2) the eligible basis of each qualified distressed area
        building.
    ``(b) Applicable Percentage: 70 Percent Present Value Credit for
Certain New Buildings; 30 Percent Present Value Credit for Certain
Other Buildings.--For purposes of this section--
            ``(1) In general.--The term `applicable percentage' means
        the appropriate percentage prescribed by the Secretary for the
        earlier of--
                    ``(A) the month in which such building is placed in
                service, or
                    ``(B) at the election of the taxpayer--
                            ``(i) the month in which the taxpayer and
                        the credit allocating agency enter into an
                        agreement with respect to such building (which
                        is binding on such agency, the taxpayer, and
                        all successors in interest) as to the building
                        credit dollar amount to be allocated to such
                        building, or
                            ``(ii) in the case of any building to which
                        the rules of section 42(h)(4)(B) apply, the
                        month in which the tax-exempt obligations are
                        issued.
        A month may be elected under clause (ii) only if the election
        is made not later than the 5th day after the close of such
        month. Such an election, once made, shall be irrevocable.
            ``(2) Method of prescribing percentages.--
                    ``(A) In general.--The percentages prescribed by
                the Secretary for any month shall be percentages which
                will yield over a 10-year period amounts of credit
                under subsection (a) which have a present value equal
                to--
                            ``(i) 70 percent of the eligible basis of a
                        new building, and
                            ``(ii) 30 percent of the eligible basis of
                        an existing building.
                    ``(B) Increased credit for buildings in more
                distressed areas.--In the case of buildings located in
                a census tract which would be a distressed area if `50
                percent' were substituted for `80 percent' in
                subsection (c)(2), subparagraph (A) shall be applied by
                substituting `75 percent' for `70 percent' and `35
                percent' for `30 percent'.
    ``(c) Qualified Distressed Area Building; Distressed Area.--For
purposes of this section--
            ``(1) Qualified distressed area building.--The term
        `qualified distressed area building' means any building (other
        than residential rental property) which, when placed in
        service, is located in a distressed area.
            ``(2) Distressed area.--The term `distressed area' means
        any census tract in which, for the most recent year for which
        census data are available on household income in such tract, 70
        percent or more of the households have an income which is 80
        percent or less of the area median gross income (within the
        meaning of section 142(d)) for such year.
    ``(d) Eligible basis.--For purposes of this section, the eligible
basis of any building shall be determined under the rules of paragraphs
(1) and (2) of section 42(d).
    ``(e) Rehabilitation expenditures treated as separate new
building.--
            ``(1) In general.--Rehabilitation expenditures paid or
        incurred by the taxpayer with respect to any building shall be
        treated for purposes of this section as a separate new
        building.
            ``(2) Rehabilitation expenditures.--For purposes of
        paragraph (1)--
                    ``(A) In general.--The term `rehabilitation
                expenditures' means amounts chargeable to capital
                account and incurred for property (or additions or
                improvements to property) of a character subject to the
                allowance for depreciation in connection with the
                rehabilitation of a building.
                    ``(B) Cost of acquisition, etc., not included.--
                Such term does not include the cost of acquiring any
                building (or interest therein).
            ``(3) Minimum expenditures to qualify.--
                    ``(A) In general.--Paragraph (1) shall apply to
                rehabilitation expenditures with respect to any
                building only if the amount of such expenditures during
                any 24-month period is not less than 10 percent of the
                adjusted basis of the building (determined as of the
                1st day of such period and without regard to paragraphs
                (2) and (3) of section 1016(a)).
                    ``(B) Date of determination.--The determination
                under subparagraph (A) shall be made as of the close of
                the 1st taxable year in the credit period with respect
                to such expenditures.
            ``(4) Special rules.--Rules similar to the rules of
        paragraph (4)(A) and (5) of section 42(e) shall apply for
        purposes of this subsection.
    ``(f) Definition and Special Rules Relating to Credit Period.--
            ``(1) Credit period defined.--For purposes of this section,
        the term `credit period' means, with respect to any building,
        the period of 10 taxable years beginning with--
                    ``(A) the taxable year in which the building is
                placed in service, or
                    ``(B) at the election of the taxpayer, the
                succeeding taxable year,
        but only if the building is a qualified distressed area
        building as of the close of the 1st year of such period. The
        election under subparagraph (B), once made, shall be
        irrevocable.
            ``(2) Special rules.--Rules similar to the rules of
        paragraphs (3), (4), and (5) of section 42(f) shall apply for
        purposes of this subsection.
    ``(g) Limitation on Aggregate Credit Allowable With Respect To
Buildings Located in a State.--
            ``(1) Credit may not exceed credit amount allocated to
        building.--
                    ``(A) In general.--The amount of the credit
                determined under this section for any taxable year with
                respect to any building shall not exceed the distressed
                area building credit dollar amount allocated to such
                building under this subsection.
                    ``(B) Time for making allocation.--Rules similar to
                the rules of subparagraphs (B) through (F) of section
                42(h)(1) shall apply for purposes of this paragraph.
            ``(2) Allocated credit amount to apply to all taxable years
        ending during or after credit allocation year.--Any distressed
        area building credit dollar amount allocated to any building
        for any calendar year--
                    ``(A) shall apply to such building for all taxable
                years in the credit period ending during or after such
                calendar year, and
                    ``(B) shall reduce the aggregate distressed area
                building credit dollar amount of the credit allocating
                agency only for such calendar year.
            ``(3) Distress area building credit dollar amount for
        agencies.--
                    ``(A) In general.--The aggregate distressed area
                building credit dollar amount which a credit agency may
                allocate for any calendar year is the portion of the
                State distressed area building credit ceiling allocated
                under this paragraph for such calendar year to such
                agency.
                    ``(B) State ceiling initially allocated to State
                housing credit agencies.--The State distressed area
                building credit ceiling for each calendar year shall be
                allocated to the housing credit agency of such State.
                If there is more than 1 housing credit agency of a
                State, all such agencies shall be treated as a single
                agency.
                    ``(C) State distressed area building credit
                ceiling.--The State distressed area building credit
                ceiling applicable to any State for any calendar year
                shall be an amount equal to the sum of--
                            ``(i) $1.25 multiplied by the State
                        population,
                            ``(ii) the unused State distressed area
                        building credit ceiling (if any) of such State
                        for the preceding calendar year,
                            ``(iii) the amount of State distressed area
                        building credit ceiling returned in the
                        calendar year, plus
                            ``(iv) the amount (if any) allocated under
                        subparagraph (D) to such State by the
                        Secretary.
                For purposes of clause (ii), the unused State
                distressed area building credit ceiling for any
                calendar year is the excess (if any) of the sum of the
                amounts described in clauses (i) and (iii) over the
                aggregate distressed area building credit dollar amount
                allocated for such year.
                    ``(D) Unused credit carryovers allocated among
                certain states.--Rules similar to the rules of section
                42(h)(2)(D) shall apply for purposes of this paragraph.
            ``(4) Other rules to apply.--Rules similar to the rules of
        subparagraphs (E), (F), and (G) of section 42(h)(2), and
        paragraphs (4), (5), and (7) of section 42(h), shall apply for
        purposes of this subsection.
            ``(5) Definitions.--For purposes of this subsection--
                    ``(A) Credit allocating agency.--The term `credit
                allocating agency' means any agency authorized to carry
                out this subsection.
                    ``(B) Possessions treated as states.--The term
                `State' includes a possession of the United States.
    ``(h) Definitions and special rules.--For purposes of this section
--
            ``(1) New building.--The term `new building' means a
        building the original use of which begins with the taxpayer.
            ``(2) Existing building.--The term `existing building'
        means any building which is not a new building.
            ``(3) Application to estates and trusts.--In the case of an
        estate or trust, the amount of the credit determined under
        subsection (a) shall be apportioned between the estate or trust
        and the beneficiaries on the basis of the income of the estate
        or trust allocable to each.
    ``(i) Application of At-Risk Rules.--Rules similar to the rules of
section 42(j) shall apply for purposes of this section.
    ``(j) Certifications and Other Reports to Secretary.--
            ``(1) Certification with respect to 1st year of credit
        period.--Following the close of the 1st taxable year in the
        credit period with respect to any qualified distressed area
        building, the taxpayer shall certify to the Secretary (at such
        time and in such form and in such manner as the Secretary
        prescribes)--
                    ``(A) the taxable year, and calendar year, in which
                such building was placed in service,
                    ``(B) the adjusted basis and eligible basis of such
                building as of the close of the 1st year of the credit
                period,
                    ``(C) the maximum applicable percentage and
                eligible basis permitted to be taken into account by
                the appropriate credit allocating agency, and
                    ``(D) such other information as the Secretary may
                require.
        In the case of a failure to make the certification required by
        the preceding sentence on the date prescribed therefor, unless
        it is shown that such failure is due to reasonable cause and
        not to willful neglect, no credit shall be allowable by reason
        of subsection (a) with respect to such building for any taxable
        year ending before such certification is made.
            ``(2) Reports to the secretary.--The Secretary may require
        taxpayers and credit allocating agencies to submit such reports
        as the Secretary determines necessary or appropriate to carry
        out the purposes of this section.
    ``(k) Credit Allocated to Building Not to Exceed Amount Necessary
To Assure Project Feasibility.--
            ``(1) In general.--The distressed area building credit
        dollar amount allocated to a building shall not exceed the
        amount the credit allocating agency determines is necessary for
        the financial feasibility of the building throughout the credit
        period.
            ``(2) Agency evaluation.--In making the determination under
        paragraph (1), the credit allocating agency shall consider--
                    ``(A) the sources and uses of funds and the total
                financing planned for the building,
                    ``(B) any proceeds or receipts expected to be
                generated by reason of tax benefits, and
                    ``(C) the percentage of the distressed area
                building credit dollar amount used for building costs
                other than the cost of intermediaries.
        Subparagraph (C) shall not be applied so as to impede the
        development of buildings in hard-to-develop areas. Such a
        determination shall not be construed to be a representation or
        warranty as to the feasibility or viability of the building.
            ``(3) Determination made when credit amount applied for and
        when building placed in service.--
                    ``(A) In general.--A determination under paragraph
                (1) shall be made as of each of the following times:
                            ``(i) The application for the distressed
                        area building credit dollar amount.
                            ``(ii) The allocation of the distressed
                        area building credit dollar amount.
                            ``(iii) The date the building is placed in
                        service.
                    ``(B) Certification as to amount of other
                subsidies.--Prior to each determination under
                subparagraph (A), the taxpayer shall certify to the
                credit allocating agency the full extent of all
                Federal, State, and local subsidies which apply (or
                which the taxpayer expects to apply) with respect to
                the building.
    ``(l) Regulations.--The Secretary shall prescribe such regulations
as may be necessary or appropriate to carry out the purposes of this
section.''
    (b) Credit To Be Part of General Business Credit.--
            (1) Subsection (b) of section 38 of such Code is amended by
        striking ``plus'' at the end of paragraph (10), by striking the
        period at the end of paragraph (11) and inserting ``, plus'',
        and by adding at the end the following new paragraph:
            ``(12) the distressed area building credit determined under
        section 45C(a).''
            (2) Subsection (d) of section 39 of such Code is amended by
        adding at the end the following new paragraph:
            ``(7) Distressed area building credit.--No portion of the
        unused business credit which is attributable to the credit
        determined under section 45C (relating to distressed area
        building credit) may be carried to any taxable year ending
        before January 1, 1996.''
            (3) Subsection (c) of section 196 of such Code (relating to
        deduction for certain unused business credits) is amended by
        striking ``and'' at the end of paragraph (6), by striking the
        period at the end of paragraph (7) and inserting ``, and'', and
        by adding at the end the following new paragraph:
            ``(8) the distressed area building credit determined under
        section 45C(a).''
    (c) Clerical Amendment.--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. 45C. Credit for nonresidential
                                        buildings in distressed
                                        areas.''
    (d) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 1995.

Output:
Low Income Community Development Tax Credit Act of 1995 - Amends the Internal Revenue Code to allow, as part of the general business credit, a tax credit (equal to a percentage of its basis) for placing a nonresidential building in service in a distressed area, with a greater credit allowed for a new building than an existing building. Provides for calculation of the basis of such buildings according to the rules governing the low-income housing credit.
Defines a distressed area as one in which at least 70 percent of the households have an income that is no more than 80 percent of the area median gross income.  Increases the credit with respect to buildings in areas in which income is lower.
Treats rehabilitation expenditures, provided they are above a certain threshold, as a separate new building.
Imposes an annual State distressed area building credit ceiling.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Foreign Intelligence Surveillance
Oversight and Resource Enhancement Act of 2006''.

    TITLE I--ENHANCEMENT OF RESOURCES AND PERSONNEL FOR ELECTRONIC
             SURVEILLANCE FOR FOREIGN INTELLIGENCE PURPOSES

SEC. 101. FOREIGN INTELLIGENCE SURVEILLANCE COURT MATTERS.

    (a) Authority for Additional Judges.--Section 103(a) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)) is amended--
            (1) by inserting ``(1)'' after ``(a)'';
            (2) in paragraph (1), as so designated, by inserting ``at
        least'' before ``seven of the United States judicial
        circuits'';
            (3) by designating the second sentence as paragraph (4) and
        indenting such paragraph, as so designated, accordingly; and
            (4) by inserting after paragraph (1), as so designated, the
        following new paragraph:
            ``(2) In addition to the judges designated under paragraph
        (1), the Chief Justice of the United States may designate as
        judges of the court established by paragraph (1) such judges
        appointed under Article III of the Constitution of the United
        States as the Chief Justice determines appropriate in order to
        provide for the prompt and timely consideration under section
        105 of applications under section 104 for electronic
        surveillance under this title. Any judge designated under this
        paragraph shall be designated publicly.''.
    (b) Consideration of Emergency Applications.--Such section is
further amended by inserting after paragraph (2), as added by
subsection (a) of this section, the following new paragraph:
            ``(3) A judge of the court established by paragraph (1)
        shall make a determination to approve, deny, or seek
        modification of an application submitted under section
        subsection (f) or (g) of section 105 not later than 24 hours
        after the receipt of such application by the court.''.

SEC. 102. ADDITIONAL PERSONNEL FOR PREPARATION AND CONSIDERATION OF
              APPLICATIONS FOR ORDERS APPROVING ELECTRONIC
              SURVEILLANCE.

    (a) Office of Intelligence Policy and Review.--
            (1) Additional personnel.--The Office of Intelligence
        Policy and Review of the Department of Justice is authorized
        such additional personnel, including not fewer than 21 full-
        time attorneys, as may be necessary to carry out the prompt and
        timely preparation, modification, and review of applications
        under section 104 of the Foreign Intelligence Surveillance Act
        of 1978 (50 U.S.C. 1804) for orders under section 105 of that
        Act (50 U.S.C. 1805) approving electronic surveillance for
        foreign intelligence purposes.
            (2) Assignment.--The Attorney General shall assign
        personnel authorized by paragraph (1) to and among appropriate
        offices of the National Security Agency in order that such
        personnel may directly assist personnel of the Agency in
        preparing applications described in that paragraph.
    (b) Federal Bureau of Investigation.--
            (1) Additional legal and other personnel.--The National
        Security Branch of the Federal Bureau of Investigation is
        authorized such additional legal and other personnel as may be
        necessary to carry out the prompt and timely preparation of
        applications under section 104 of the Foreign Intelligence
        Surveillance Act of 1978 for orders under section 105 of that
        Act approving electronic surveillance for foreign intelligence
        purposes.
            (2) Assignment.--The Director of the Federal Bureau of
        Investigation shall assign personnel authorized by paragraph
        (1) to and among the field offices of the Federal Bureau of
        Investigation in order that such personnel may directly assist
        personnel of the Bureau in such field offices in preparing
        applications described in that paragraph.
    (c) Additional Legal and Other Personnel for National Security
Agency.--The National Security Agency is authorized such additional
legal and other personnel as may be necessary to carry out the prompt
and timely preparation of applications under section 104 of the Foreign
Intelligence Surveillance Act of 1978 for orders under section 105 of
that Act approving electronic surveillance for foreign intelligence
purposes.
    (d) Additional Legal and Other Personnel for Foreign Intelligence
Surveillance Court.--There is authorized for the Foreign Intelligence
Surveillance Court such additional personnel (other than judges) as may
be necessary to facilitate the prompt and timely consideration by that
Court of applications under section 104 of the Foreign Intelligence
Surveillance Act of 1978 for orders under section 105 of that Act
approving electronic surveillance for foreign intelligence purposes.
Personnel authorized by this paragraph shall perform such duties
relating to the consideration of such applications as that Court shall
direct.
    (e) Supplement Not Supplant.--The personnel authorized by this
section are in addition to any other personnel authorized by law.

SEC. 103. TRAINING OF FEDERAL BUREAU OF INVESTIGATION AND NATIONAL
              SECURITY AGENCY PERSONNEL IN FOREIGN INTELLIGENCE
              SURVEILLANCE MATTERS.

    The Director of the Federal Bureau of Investigation and the
Director of the National Security Agency shall each, in consultation
with the Attorney General--
            (1) develop regulations establishing procedures for
        conducting and seeking approval of electronic surveillance on
        an emergency basis, and for preparing and properly submitting
        and receiving applications and orders, under sections 104 and
        105 of the Foreign Intelligence Surveillance Act of 1978 (50
        U.S.C. 1804 and 1805); and
            (2) prescribe related training for the personnel of the
        applicable agency.

  TITLE II--IMPROVEMENT OF FOREIGN INTELLIGENCE SURVEILLANCE AUTHORITY

SEC. 201. EXTENSION OF PERIOD FOR APPLICATIONS FOR ORDERS FOR EMERGENCY
              ELECTRONIC SURVEILLANCE.

    Section 105(f) of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1805(f)) is amended by striking ``72 hours'' both places it
appears and inserting ``168 hours''.

SEC. 202. ACQUISITION OF FOREIGN-FOREIGN COMMUNICATIONS.

    (a) In General.--Notwithstanding any other provision of this Act or
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et
seq.), no court order shall be required for the acquisition through
electronic surveillance of the contents of any communication between
one person who is not located within the United States and another
person who is not located within the United States for the purpose of
collecting foreign intelligence information even if such communication
passes through, or the surveillance device is located within, the
United States.
    (b) Treatment of Intercepted Communications Involving Domestic
Party.--If surveillance conducted, as described in subsection (a),
inadvertently collects a communication in which at least one party is
within the United States, the contents of such communications shall be
handled in accordance with the minimization procedures set forth in
section 101(h)(4) of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1801(h)(4)).
    (c) Definitions.--In this section, the terms ``contents'',
``electronic surveillance'', and ``foreign intelligence information''
have the meaning given such terms in section 101 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).

SEC. 203. INDIVIDUALIZED FISA APPLICATIONS.

    The contents of any wire or radio communication sent by a person
who is reasonably believed to be inside the United States to a person
outside the United States may not be retained or used unless a court
order authorized under the Foreign Intelligence Surveillance Act is
obtained.

SEC. 204. ISSUES RESERVED FOR THE COURTS.

    Nothing in this Act shall be deemed to amend those provisions of
FISA concerning any wire or radio communication sent from outside the
United States to a person inside the United States. The
constitutionality of such interceptions shall be determined by the
courts, including the President's claim that his article II authority
supersedes FISA.

TITLE III--ENHANCED CONGRESSIONAL OVERSIGHT AND SUPREME COURT REVIEW OF
                   THE TERRORIST SURVEILLANCE PROGRAM

SEC. 301. CONGRESSIONAL OVERSIGHT.

    (a) Electronic Surveillance Under FISA.--Section 108 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1808) is amended--
            (1) in subsection (a)(2)--
                    (A) in subparagraph (B), by striking ``and'' at the
                end;
                    (B) in subparagraph (C), by striking the period and
                inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(D) the authority under which the electronic
                surveillance is conducted.''; and
            (2) by striking subsection (b) and inserting the following:
    ``(b) On a semiannual basis, the Attorney General additionally
shall fully inform the Permanent Select Committee on Intelligence of
the House of Representatives and the Select Committee on Intelligence
of the Senate on electronic surveillance conducted without a court
order.''.
    (b) Intelligence Activities.--The National Security Act of 1947 (50
U.S.C. 401 et seq.) is amended--
            (1) in section 501 (50 U.S.C. 413)--
                    (A) by redesignating subsection (f) as subsection
                (g); and
                    (B) by inserting after subsection (e) the following
                new subsection:
    ``(f) The Chair of each of the congressional intelligence
committees, in consultation with the ranking member of the committee
for which the person is Chair, may inform, on a bipartisan basis, all
members or any individual members of such committee of a report
submitted under subsection (a)(1) or subsection (b) as such Chair
considers necessary.''; and
            (2) in section 502 (50 U.S.C. 414), by adding at the end
        the following new subsection:
    ``(d) Informing of Committee Members.--The Chair of each of the
congressional intelligence committees, in consultation with the ranking
member of the committee for which the person is Chair, may inform, on a
bipartisan basis, all members or any individual members of such
committee of a report submitted under subsection (a) as such Chair
considers necessary.''.

SEC. 302. SUPREME COURT REVIEW OF THE TERRORIST SURVEILLANCE PROGRAM.

    (a) In General.--Upon appeal by the United States or any party to
the underlying proceedings, the Supreme Court of the United States
shall review the final decision of any United States court of appeal
concerning the legality of the Terrorist Surveillance Program.
    (b) Expedited Consideration.--It shall be the duty of the Supreme
Court of the United States to advance on the docket and to expedite to
the greatest possible extent the disposition of any matter brought
under subsection (a).
    (c) Definition.--In this section, the term ``Terrorist Surveillance
Program'' means the program identified by the President of the United
States on December 17, 2005, to intercept international communications
into and out of the United States of persons linked to al Qaeda or
related terrorist organizations.

                        TITLE IV--OTHER MATTERS

SEC. 401. DEFINITION.

    In this Act, the term ``Foreign Intelligence Surveillance Court''
means the court established by section 103(a) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)).

SEC. 402. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated such sums as may be
necessary to carry out this Act and the amendments made by this Act.

SEC. 403. EFFECTIVE DATE.

    This Act, and the amendments made by this Act, shall take effect on
the date that is 30 days after the date of the enactment of this Act.

Output:
Foreign Intelligence Surveillance Oversight and Resource Enhancement Act of 2006 - Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to: (1) authorize the appointment of additional judges to the Foreign Intelligence Surveillance Court (Court); and (2) require FISA judges to act on applications for emergency electronic surveillance within 24 hours. Authorizes the hiring of additional personnel in the Department of Justice (DOJ), Federal Bureau of Investigation (FBI), National Security Agency (NSA), and the Court to process surveillance applications.

Requires the Directors of the FBI and NSA to develop regulations for conducting and seeking approval for emergency electronic surveillance, preparing and submitting applications for such surveillance, and training personnel.

Extends from 72 to 168 hours the period during which the Attorney General may authorize emergency electronic surveillance pending judicial authorization of such surveillance.

Permits electronic surveillance without a court order of communications between individuals outside the United States for the purpose of collecting foreign intelligence information even if such communications pass through, or the surveillance device is located within, the United States. Requires a court order for the contents of any wire or radio communication sent by a person inside the United States to a person outside the United States.

Authorizes enhanced congressional oversight of electronic surveillance activities under FISA.

Requires Supreme Court review of any final decision of a U.S. court of appeals concerning the legality of the Terrorist Surveillance Program.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Elgin Stafford Mental Illness
Information Disclosure Act of 2012'' or ``Elgin's Law''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Mental illness is the leading cause of disability, as
        reflected in lost years of productive life, in North America,
        in Europe, and, increasingly, in the world. By 2020, major
        depressive illness will be the leading cause of disability in
        the world for women and children.
            (2) Mental illnesses strike individuals in the prime of
        their lives, often during adolescence and young adulthood. All
        ages are susceptible, but the young and the old are especially
        vulnerable.
            (3) Without treatment, the consequences of mental illness
        for the individual and society are staggering, including
        unnecessary disability, unemployment, substance abuse,
        homelessness, inappropriate incarceration, suicide, wasted
        lives, and an economic cost of more than $100 billion each year
        in the United States.
            (4) The best treatments for serious mental illnesses today
        are highly effective so that between 70 and 90 percent of
        individuals with serious mental illness have significant
        reduction of symptoms and improved quality of life with a
        combination of pharmacological and psychosocial treatments and
        supports.
            (5) Since early identification and treatment is of vital
        importance in treating mental illness, especially for children
        and young adults, the active, knowledgeable, and sympathetic
        involvement of parents and legal guardians is to be encouraged
        to the maximum extent practicable, consistent with generally
        accepted and established clinical practice.

SEC. 3. DISCLOSURE TO PARENTS AND LEGAL GUARDIANS OF MENTAL ILLNESS
              TREATMENT OF CHILDREN UNDER THE AGE OF 26.

    (a) In General.--In the case of a covered individual (as defined in
subsection (e)(1)) who is being treated for mental illness by a health
care professional, subject to subsection (b), the health care
professional shall disclose to a parent (if any) of the individual such
information regarding the mental illness and treatment for mental
illness as may be useful for the appropriate involvement of the parent
with respect to the treatment.
    (b) Exceptions.--Subsection (a) shall not apply in such exceptional
circumstances as the Secretary may provide by regulation where the
involvement of the parent would be counter-productive to the treatment
involved.
    (c) Application of HIPAA Privacy Regulations.--For purposes of
applying the HIPAA privacy regulations, the disclosure of information
under this section shall be treated as a permissible disclosure not
requiring the consent of the covered individual involved.
    (d) Publication and Notice on Department Websites.--The Secretary
shall post information on the requirements of this section on such
websites of the Department of Health and Human Services as may be
appropriate to inform the public and health care professionals.
    (e) Definitions.--In this section:
            (1) Covered individual.--The term ``covered individual''
        means an individual who--
                    (A) is--
                            (i) a minor child;
                            (ii) an uninsured adult under the age of
                        26; or
                            (iii) an adult under the age of 26 who is
                        covered as a dependent under the health
                        benefits coverage of a parent; and
                    (B) is being treated for mental illness by a health
                care professional.
            (2) Health benefits coverage.--The term ``health benefits
        coverage'' has the meaning given the term ``minimum essential
        coverage'' in section 5000A(f)(1) of the Internal Revenue Code
        of 1986.
            (3) HIPAA privacy regulations.--The term ``HIPAA privacy
        regulations'' has the meaning given the term ``HIPAA privacy
        regulation'' in section 1180(b)(3) of the Social Security Act
        (42 U.S.C. 1320d-9(b)(3)).
            (4) Mental illness.--The term ``mental illness'' means a
        chronic illness such as schizophrenia, schizoaffective
        disorder, bipolar disorder, and major clinical depression, and
        such term includes other conditions contained in the Diagnostic
        and Statistical Manual of Mental Disorders IV published by the
        American Psychiatric Association (or any successor publication
        by such Association).
            (5) Parent.--The term ``parent'' includes a legal guardian.
            (6) Secretary.--The term ``Secretary'' means the Secretary
        of Health and Human Services.
            (7) Uninsured.--An individual shall be treated as uninsured
        if the individual is not covered under any health benefits
        coverage.

Output:
Elgin Stafford Mental Illness Information Disclosure Act of 2012 or Elgin's Law - Requires a health care professional to disclose to a parent of a covered individual being treated for a mental illness any information regarding the mental illness and treatment which may be useful for the parent's appropriate involvement with the treatment. Excludes exceptional circumstances where parental involvement would be counter-productive to treatment. Makes such a disclosure permissible under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) as not requiring consent of the covered individual.

Applies this Act to a minor child, an uninsured adult under age 26, or an adult under age 26 who is included as a dependent under the parent's health benefits coverage.


Input:
SECTION 1. CREDIT FOR INSTALLATION OF HYDROGEN FUELING STATIONS.

    (a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to foreign tax credit,
etc.) is amended by adding at the end the following new section:

``SEC. 30B. HYDROGEN-POWERED VEHICLE REFUELING PROPERTY CREDIT.

    ``(a) Credit Allowed.--There shall be allowed as a credit against
the tax imposed by this chapter for the taxable year an amount equal to
50 percent of the amount paid or incurred by the taxpayer during the
taxable year for the qualified hydrogen-powered vehicle refueling
property and the installation thereof.
    ``(b) Year Credit Allowed.--The credit allowed under subsection (a)
shall be allowed in the taxable year in which the qualified hydrogen-
powered vehicle refueling property is placed in service by the
taxpayer.
    ``(c) Definition of Qualified Hydrogen-Powered Vehicle Refueling
Property.--The term `qualified hydrogen-powered vehicle refueling
property' means any property (not including a building and its
structural components) if--
            ``(1) such property is of a character subject to the
        allowance for depreciation,
            ``(2) the original use of such property begins with the
        taxpayer, and
            ``(3) such property is for the production, storage, or
        dispensing of hydrogen fuel into the fuel tank of a motor
        vehicle propelled by such fuel.
    ``(d) Application With Other Credits.--The credit allowed under
subsection (a) for any taxable year shall not exceed the excess (if
any) of--
            ``(1) the regular tax for the taxable year reduced by the
        sum of the credits allowable under subpart A and sections 27,
        29, 30, and 30A, over
            ``(2) the tentative minimum tax for the taxable year.
    ``(e) Basis Reduction.--For purposes of this title, the basis of
any property shall be reduced by the portion of the cost of such
property taken into account under subsection (a).
    ``(f) No Double Benefit.--No deduction shall be allowed under
section 179A with respect to any property with respect to which a
credit is allowed under subsection (a).
    ``(g) Carryforward Allowed.--
            ``(1) In general.--If the credit amount allowable under
        subsection (a) for a taxable year exceeds the amount of the
        limitation under subsection (d) for such taxable year (referred
        to as the `unused credit year' in this subsection), such excess
        shall be allowed as a credit carryforward for each of the 20
        taxable years following the unused credit year.
            ``(2) Rules.--Rules similar to the rules of section 39
        shall apply with respect to the credit carryforward under
        paragraph (1).
    ``(h) Special Rules.--Rules similar to the rules of paragraphs (4)
and (5) of section 179A(e) shall apply.
    ``(i) Regulations.--The Secretary shall prescribe such regulations
as necessary to carry out the provisions of this section.
    ``(j) Termination.--This section shall not apply to any property
placed in service after December 31, 2013.''.
    (b) Conforming Amendments.--
            (1) Section 1016(a) of such Code is amended by striking
        ``and'' at the end of paragraph (27), by striking the period at
        the end of paragraph (28) and inserting ``, and'', and by
        adding at the end the following new paragraph:
            ``(29) to the extent provided in section 30B(e).''.
            (2) Section 55(c)(2) of such Code is amended by inserting
        ``30B(d),'' after ``30(b)(3),''.
            (3) The table of sections for subpart B of part IV of
        subchapter A of chapter 1 of such Code is amended by inserting
        after the item relating to section 30A the following new item:

``Sec. 30B. Hydrogen-powered vehicle refueling property credit.''.
    (c) Effective Date.--The amendments made by this section shall
apply to property placed in service in taxable years beginning after
the date of the enactment of this Act.

SEC. 2. EXCLUSION OF EARNINGS FROM HYDROGEN FUEL SALES.

    (a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to items specifically excluded
from gross income) is amended by inserting after section 136 the
following new section:

``SEC. 136A. INCOME FROM HYDROGEN FUEL SALES.

    ``(a) Exclusion.--Gross income shall not include income
attributable to the sale of hydrogen fuel sold at retail for use in a
hydrogen fuel cell vehicle.
    ``(b) Definition of Hydrogen Fuel Cell Vehicle.--For purposes of
this section, the term `hydrogen fuel cell vehicle' means a motor
vehicle (as defined in section 30(c)(2)) which is propelled by power
derived from 1 or more cells which convert chemical energy directly
into electricity by combining oxygen with hydrogen fuel which is stored
on board the vehicle in any form and may or may not require reformation
prior to use.
    ``(c) Termination.--This section shall not apply to income
attributable to sales after December 31, 2013.''.
    (b) Conforming Amendment.--The table of sections for subpart B of
part III of subchapter B of chapter 1 of such Code is amended by
inserting after the item relating to section 136 the following new
item:

        ``Sec. 136A. Income from hydrogen fuel sales.''.
    (c) Effective Date.--The amendments made by this section shall
apply to income received after December 31, 2003, in taxable years
ending after such date.

Output:
Amends the Internal Revenue Code to allow a tax credit for 50 percent of the cost of a qualified hydrogen-powered vehicle refueling property (defined as depreciable property used for the production, storage, or dispensing of hydrogen fuel into the fuel tank of a motor vehicle) and its installation.

Excludes from gross income amounts attributable to the sale of hydrogen fuel sold at retail for use in a hydrogen fuel cell vehicle.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Energy Savings Through Public-
Private Partnerships Act of 2013''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Private sector funding and expertise can help address
        the energy efficiency challenges facing the United States.
            (2) The Federal Government spends more than $6 billion
        annually in energy costs.
            (3) Reducing Federal energy costs can help save money,
        create jobs, and reduce waste.
            (4) Energy savings performance contracts and utility energy
        service contracts are tools for utilizing private sector
        investment to upgrade Federal facilities without any up-front
        cost to the taxpayer.
            (5) Performance contracting is a way to retrofit Federal
        buildings using private sector investment in the absence of
        appropriated dollars. Retrofits seek to reduce energy use,
        improve infrastructure, protect national security, and cut
        facility operations and maintenance costs.

SEC. 3. USE OF ENERGY EFFICIENCY MEASURES IN FEDERAL BUILDINGS.

    (a) Implementation of Identified Energy Efficiency Measures.--
Section 543(f)(4) of the National Energy Conservation Policy Act (42
U.S.C. 8253(f)(4)) is amended to read as follows:
            ``(4) Implementation of identified energy efficiency
        measures.--
                    ``(A) In general.--Not later than 2 years after the
                completion of each evaluation under paragraph (3), each
                energy manager shall consider--
                            ``(i) implementing any energy-saving or
                        conservation measure that the Federal agency
                        identified in the evaluation conducted under
                        paragraph (3) that is life cycle cost-
                        effective; and
                            ``(ii) bundling individual measures of
                        varying paybacks together into combined
                        projects.
                    ``(B) Measures not implemented.--The energy
                manager, as part of the certification system under
                paragraph (7) and using guidelines developed by the
                Secretary, shall provide reasons for not implementing
                any life cycle cost-effective measures under
                subparagraph (A).''.
    (b) Annual Contracting Goal.--Section 543(f)(10)(C) of the National
Energy Conservation Policy Act (42 U.S.C. 8253(f)(10)(C)) is amended--
            (1) by striking ``Each Federal agency'' and inserting the
        following:
                            ``(i) In general.--Each Federal agency'';
                        and
            (2) by adding at the end the following new clauses:
                            ``(ii) Tracking.--Each Federal agency shall
                        use the benchmarking systems selected or
                        developed for the agency under paragraph (8) to
                        track energy savings realized by the agency
                        through the implementation of energy-saving or
                        conservation measures pursuant to paragraph
                        (4), and shall submit information regarding
                        such savings to the Secretary to be published
                        on a public Web site of the Department of
                        Energy.
                            ``(iii) Consideration.--Each Federal agency
                        shall consider using energy savings performance
                        contracts or utility energy service contracts
                        to implement energy-saving or conservation
                        measures pursuant to paragraph (4).
                            ``(iv) Contracting goal.--It shall be the
                        goal of the Federal Government, in the
                        implementation of energy-saving or conservation
                        measures pursuant to paragraph (4), to enter
                        into energy savings performance contracts or
                        utility energy service contracts equal to
                        $1,000,000,000 in each year during the 5-year
                        period beginning on January 1, 2014.
                            ``(v) Report to congress.--Not later than
                        September 30 of each year during the 5-year
                        period referred to in clause (iv), each Federal
                        agency shall submit to the Secretary
                        information regarding progress made by the
                        agency towards achieving the goal described in
                        such clause. Not later than 60 days after each
                        such September 30, the Secretary, acting
                        through the Federal Energy Management Program,
                        shall submit to the Committee on Energy and
                        Commerce of the House of Representatives and
                        the Committee on Energy and Natural Resources
                        of the Senate a report describing the progress
                        made by the Federal Government towards
                        achieving such goal.''.

Output: Energy Savings Through Public-Private Partnerships Act of 2013 - Amends the National Energy Conservation Policy Act to direct each federal facility energy manager to consider, not later than two years after completion of a comprehensive energy evaluation of a federal agency's facilities: (1) implementing any energy-saving or conservation measure that the agency identified in the evaluation that is life cycle cost-effective, and (2) bundling individual measures of varying paybacks together into combined projects. (Under current law, the energy manager is not required to consider such actions.) Requires the energy manager, as part of the Web-based compliance certification system, to provide reasons for not implementing life cycle cost-effective measures. Requires each agency to: (1) use the benchmarking systems selected or developed for the agency under the Act to track energy savings realized by the agency through the implementation of energy-saving or conservation measures and submit information regarding such savings for publication on a website of the Department of Energy (DOE), and (2) consider using energy savings performance or utility energy service contracts to implement such measures. Establishes a goal of entering into energy savings performance contracts or utility energy service contracts equal to $1 billion in each year during the 5-year period beginning on January 1, 2014. Requires each agency to report annually to DOE, and DOE to report to Congress, on progress towards achieving such goal.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fast Track to College Act of 2008''.

SEC. 2. PURPOSE.

    The purpose of this Act is to increase high school graduation rates
and the percentage of students who complete a recognized postsecondary
credential by the age of 26, including among low-income students and
students from other populations underrepresented in higher education.

SEC. 3. DEFINITIONS.

    For purposes of this Act:
            (1) Dual enrollment program.--The term ``dual enrollment
        program'' means an academic program through which a high school
        student is able simultaneously to earn credit toward a high
        school diploma and a postsecondary degree or certificate.
            (2) Early college high school.--The term ``early college
        high school'' means a high school that provides a course of
        study that enables a student to earn a high school diploma and
        either an associate's degree or one to two years of college
        credit toward a postsecondary degree or credential.
            (3) Educational service agency.--The term ``educational
        service agency'' means an educational service agency as defined
        by section 9101(17) of the Elementary and Secondary Education
        Act of 1965.
            (4) Eligible entity.--The term ``eligible entity'' means a
        local educational agency, which may be an educational service
        agency, in a collaborative partnership with an institution of
        higher education. Such partnership also may include other
        entities, such as a nonprofit organization with experience in
        youth development.
            (5) Institution of higher education.--The term
        ``institution of higher education'' means an institution of
        higher education as defined by section 102 of the Higher
        Education Act of 1965.
            (6) Local educational agency.--The term ``local educational
        agency'' means a local educational agency as defined by section
        9101(26) of the Elementary and Secondary Education Act of 1965.
            (7) Secretary.--The term ``Secretary'' means the Secretary
        of Education.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    (a) Early College High Schools.--To support early college high
schools under this Act, there are authorized to be appropriated
$50,000,000 for fiscal year 2009 and such sums as may be necessary for
each of fiscal years 2010 through 2014.
    (b) Other Dual Enrollment Programs.--To support other dual
enrollment programs under this Act, there are authorized to be
appropriated $50,000,000 for fiscal year 2009 and such sums as may be
necessary for each of fiscal years 2010 through 2014.
    (c) Funds Reserved.--The Secretary shall reserve 3 percent of funds
appropriated pursuant to subsection (b) for grants to States under
section 9.

SEC. 5. AUTHORIZED PROGRAM.

    (a) In General.--The Secretary is authorized to award six-year
grants to eligible entities seeking to establish a new or support an
existing early college high school or other dual enrollment program.
    (b) Grant Amount.--A grant under this Act shall not exceed
$2,000,000.
    (c) Matching Requirement.--
            (1) In general.--An eligible entity shall contribute
        matching funds toward the costs of the early college high
        school or other dual enrollment program to be supported under
        this Act, of which not less than half shall be from non-Federal
        sources, which funds shall represent not less than the
        following:
                    (A) 20 percent of the grant amount in the first and
                second years of the grant.
                    (B) 30 percent in the third and fourth years.
                    (C) 40 percent in the fifth year.
                    (D) 50 percent in the sixth year.
            (2) Determination of amount contributed.--The Secretary
        shall allow an eligible entity to satisfy the requirement of
        this subsection through in-kind contributions.
    (d) Supplement, Not Supplant.--An eligible entity shall use a grant
received under this Act only to supplement funds that would, in the
absence of such grant, be made available from non-Federal funds for
support of the activities described in the eligible entity's
application under section 7, and not to supplant such funds.
    (e) Priority.--In awarding grants under this Act, the Secretary
shall give priority to applicants--
            (1) that propose to establish or support an early college
        high school or other dual enrollment program that will serve a
        student population of which 40 percent or more are students
        counted under section 1113(a)(5) of the Elementary and
        Secondary Education Act of 1965; and
            (2) from States that provide assistance to early college
        high schools or other dual enrollment programs, such as
        assistance to defray the costs of higher education, such as
        tuition, fees, and textbooks.
    (f) Geographic Distribution.--The Secretary shall, to the maximum
extent practicable, ensure that grantees are from a representative
cross-section of urban, suburban, and rural areas.

SEC. 6. USES OF FUNDS.

    (a) Mandatory Activities.--An eligible entity shall use grant funds
received under section 7 to support the activities described in its
application, including for the following:
            (1) Planning year.--In the case of a new early college high
        school or dual enrollment program, during the first year of the
        grant--
                    (A) hiring a principal and staff, as appropriate;
                    (B) designing the curriculum and sequence of
                courses in collaboration with at a minimum, teachers
                from the local educational agency and faculty from the
                partner institution of higher education;
                    (C) educating parents and the community about the
                school;
                    (D) recruiting students;
                    (E) liaison activities among partners in the
                eligible entity; and
                    (F) coordinating secondary and postsecondary
                support services, academic calendars, and
                transportation.
            (2) Implementation period.--During the remainder of the
        grant period--
                    (A) academic and social support services, including
                counseling;
                    (B) student recruitment and community education and
                engagement;
                    (C) professional development, including joint
                professional development for secondary school and
                faculty from the institution of higher education; and
                    (D) school design and planning team activities,
                including curriculum development.
    (b) Allowable Activities.--An eligible entity may also use grant
funds received under this Act to otherwise support the activities
described in its application, including, but not limited to--
            (1) purchasing textbooks and equipment that support
        academic programs;
            (2) learning opportunities for students that complement
        classroom experiences, such as internships, career-based
        capstone projects, and opportunities provided under title IV,
        part A, subpart 2, and chapters 1 and 2 of the Higher Education
        Act of 1965;
            (3) transportation;
            (4) planning time for high school and college educators to
        collaborate; and
            (5) data collection, sharing, reporting, and evaluation.

SEC. 7. APPLICATION.

    (a) In General.--To receive a grant under section 4(a) or (b), an
eligible entity shall submit to the Secretary an application at such
time, in such manner, and including such information as the Secretary
determines to be appropriate.
    (b) Contents of Application.--At a minimum, the application
described in subsection (a) shall include a description of--
            (1) the early college high school's or other dual
        enrollment program's budget;
            (2) each partner in the eligible entity and its experience
        with early college high schools or other dual enrollment
        programs, key personnel from each partner and their
        responsibilities for the early college high school or dual
        enrollment program, and how the eligible entity will work with
        secondary and postsecondary teachers, other public and private
        entities, community-based organizations, businesses, and labor
        organizations to ensure that students will be prepared to
        succeed in postsecondary education and employment, which may
        include the development of an advisory board;
            (3) how the eligible entity will target and recruit at-risk
        youth, including those at risk of dropping out of school, first
        generation college students, and students from populations
        described in section 1111(b)(2)(C)(v)(II) of the Elementary and
        Secondary Education Act of 1965;
            (4) a system of student supports including, but not limited
        to, small group activities, tutoring, literacy and numeracy
        skill development in all academic disciplines, parental
        outreach, extended learning time, and college readiness
        activities, such as early college academic seminars and
        counseling;
            (5) in the case of an early college high school, how a
        graduation and career plan will be developed, consistent with
        State graduation requirements, for each student and reviewed
        each semester;
            (6) how parents or guardians of dually enrolled students
        will be informed of their academic performance and progress
        and, subject to paragraph (5), involved in the development of
        their career and graduation plan;
            (7) coordination between the institution of higher
        education and the local educational agency, including regarding
        academic calendars, provision of student services, curriculum
        development, and professional development;
            (8) how the eligible entity will ensure that teachers in
        the early college high school or other dual enrollment program
        receive appropriate professional development and other
        supports, including to enable them to help English-language
        learners, students with disabilities, and students from diverse
        cultural backgrounds to succeed;
            (9) learning opportunities for students that complement
        classroom experiences, such as internships, career-based
        capstone projects, and opportunities provided under title IV,
        part A, subpart 2, and chapters 1 and 2 of the Higher Education
        Act of 1965;
            (10) a plan to ensure that postsecondary credits earned
        will be transferable to, at a minimum, public institutions of
        higher education within the State, consistent with existing
        statewide articulation agreement;
            (11) student assessments and other measurements of students
        achievement including benchmarks for student achievement;
            (12) outreach programs to provide elementary and secondary
        school students, especially those in middle grades, and their
        parents, teachers, school counselors, and principals
        information about and academic preparation for the early
        college high school or other dual enrollment program;
            (13) how the eligible entity will help students meet
        eligibility criteria for postsecondary courses; and
            (14) how the eligible entity will sustain the early college
        high school or other dual enrollment program after the grant
        expires.
    (c) Assurances.--An eligible entity's application under subsection
(a) shall include assurances that--
            (1) in the case of an early college high school, the
        majority of courses offered, including of postsecondary
        courses, will be offered at facilities of the institution of
        higher education;
            (2) students will not be required to pay tuition or fees
        for postsecondary courses;
            (3) postsecondary credits earned will be transcribed upon
        completion of the requisite coursework; and
            (4) faculty teaching postsecondary courses meet the normal
        standards for faculty established by the institution of higher
        education.
    (d) Waiver.--The Secretary may waive the requirement of subsection
(c)(1) upon a showing that it is impractical to apply due to geographic
considerations.

SEC. 8. PEER REVIEW.

    (a) Peer Review of Applications.--The Secretary shall establish
peer review panels to review applications submitted pursuant to section
7 to advise the Secretary regarding such applications.
    (b) Composition of Peer Review Panels.--The Secretary shall ensure
that each peer review panel is not comprised wholly of full-time
officers or employees of the Federal Government and includes, at a
minimum--
            (1) experts in the establishment and administration of
        early college high schools or other dual enrollment programs
        from the high school and college perspective;
            (2) faculty at institutions of higher education and
        secondary school teachers with expertise in dual enrollment;
        and
            (3) experts in the education of at-risk students.

SEC. 9. GRANTS TO STATES.

    (a) In General.--The Secretary is authorized to award six-year
grants to State agencies responsible for secondary or postsecondary
education for efforts to support or establish statewide dual enrollment
programs.
    (b) Application.--To receive a grant under this section, a State
agency shall submit to the Secretary an application at such time, in
such manner, and including such information as the Secretary determines
to be appropriate.
    (c) Contents of Application.--At a minimum, the application
described in subsection (b) shall include--
            (1) how the State will create outreach programs to ensure
        that middle and high school students and their families are
        aware of dual enrollment programs in the State;
            (2) how the State will provide technical assistance to
        local dual enrollment programs as appropriate;
            (3) how the State will ensure the quality of state and
        local dual enrollment programs; and
            (4) such other information as the Secretary determines to
        be appropriate.
    (d) State Activities.--A State receiving a grant under this section
shall use such funds for--
            (1) planning and implementing a statewide strategy for
        expanding access to dual enrollment programs for students who
        are underrepresented in higher education; and
            (2) providing technical assistance to local dual enrollment
        programs.

SEC. 10. REPORTING AND OVERSIGHT.

    (a) Reporting by Grantees.--
            (1) In general.--The Secretary shall establish uniform
        guidelines for all grantees concerning information such
        grantees annually shall report to the Secretary to demonstrate
        a grantee's progress toward achieving the goals of this Act.
            (2) Contents of report.--At a minimum, the report described
        in paragraph (1) shall include, for eligible entities receiving
        funds under section 7, for each category of students described
        in section 1111(h)(1)(C)(i) of the Elementary and Secondary
        Education Act of 1965:
                    (A) The number of students.
                    (B) The percentage of students scoring advanced,
                proficient, basic, and below basic on the assessments
                described in section 1111(b)(3) of the Elementary and
                Secondary Education Act of 1965.
                    (C) The performance of students on other
                assessments or measurements of achievement.
                    (D) The number of secondary school credits earned.
                    (E) The number of postsecondary credits earned.
                    (F) Attendance rate.
                    (G) Graduation rate.
                    (H) Placement in postsecondary education or
                advanced training, in military service, and in
                employment.
    (b) Reporting by the Secretary.--The Secretary annually shall
compile and analyze the information described in subsection (a) and
report it to the Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Education and Labor of the House of
Representatives, which report shall include identification of best
practices for achieving the goals of this Act.
    (c) Monitoring Visits.--The Secretary's designee shall visit each
grantee at least once for the purpose of helping the grantee achieve
the goals of this Act and to monitor the grantee's progress toward
achieving such goals.
    (d) National Evaluation.--Within six months of the appropriation of
funds for this Act, the Secretary shall enter into a contract with an
independent organization to perform an evaluation of the grants awarded
under this Act. Such evaluation shall apply rigorous procedures to
obtain valid and reliable data concerning participants' outcomes by
social and academic characteristics and monitor the progress of
students from high school to and through postsecondary education.
    (e) Technical Assistance.--The Secretary shall provide technical
assistance to eligible entities concerning best practices in early
college high schools and dual enrollment programs and shall disseminate
such best practices among eligible entities and State and local
educational agencies.

SEC. 11. RULES OF CONSTRUCTION.

    (a) Employees.--Nothing in this Act shall be construed to alter or
otherwise affect the rights, remedies, and procedures afforded to the
employees of local educational agencies (including schools) or
institutions of higher education under Federal, State, or local laws
(including applicable regulations or court orders) or under the terms
of collective bargaining agreements, memoranda of understanding, or
other agreements between such employees and their employers.
    (b) Graduation Rate.--A student who graduates from an early college
high school supported under this Act in the standard number of years
for graduation described in the eligible entity's application shall be
considered to have graduated on time for purposes of section
1111(b)(2)(C)(6) of the Elementary and Secondary Education Act of 1965.

Output:
Fast Track to College Act of 2008 - Authorizes the Secretary of Education to award matching six-year grants to local educational agencies (LEAs) that partner with institutions of higher education (IHEs) to establish or support dual enrollment programs, such as early college high schools, that allow high school students to simultaneously earn credit toward a high school diploma and a postsecondary degree or certificate.

Gives grant priority to applicants: (1) that propose to establish or support a dual enrollment program for a student body at least 40% of which is impoverished; and (2) from states that provide assistance to dual enrollment programs, such as assistance defraying the costs of higher education.

Requires applicants to make assurances that students will not be required to pay tuition or fees for postsecondary courses, and that those courses will be taught by faculty that meet their partner IHE's normal standards.

Authorizes the Secretary to award six-year grants to states to: (1) plan and implement statewide strategies to make dual enrollment programs more accessible to students who are underrepresented in postsecondary education; and (2) provide technical assistance to local dual enrollment programs.

Directs the Secretary to: (1) contract for an independent evaluation of this Act's programs; and (2) provide technical assistance to LEAs and their partners, and disseminate information concerning best practices in dual enrollment programs.