Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Technology Transfer Improvements Act
of 1993''.

SEC. 2. FINDINGS.

    The Congress finds and declares the following:
            (1) The commercialization of technology and industrial
        innovation are central to the economic, environmental, and
        social well-being of citizens of the United States.
            (2) The Government can help United States business to speed
        the development of new products and processes by entering into
        Cooperative Research and Development Agreements which make
        available the assistance of the Federal laboratories to the
        private sector, but the commercialization of technology and
        industrial innovation in the United States depends largely upon
        actions by business.
            (3) Government action to claim a right of ownership to any
        invention or other intellectual property developed under a
        Cooperative Research and Development Agreement can inhibit the
        establishment of such agreements with business and can prevent
        the commercialization of technology and industrial innovation
        by business.
            (4) The commercialization of technology and industrial
        innovation in the United States will be enhanced if the
        ownership of any invention or other intellectual property
        developed under a Cooperative Research and Development
        Agreement belongs to a company or companies incorporated in the
        United States.

SEC. 3. TITLE TO INTELLECTUAL PROPERTY ARISING FROM COOPERATIVE
              RESEARCH AND DEVELOPMENT AGREEMENTS.

    Section 12 of the Stevenson-Wydler Technology Innovation Act of
1980 (15 U.S.C. 3710a) is amended as follows:
            (1) In the text of subsection (b) immediately preceding
        paragraph (1), strike ``Government-operated Federal laboratory,
        and to the extent provided in an agency-approved joint work
        statement, a Government-owned contractor-operated laboratory,
        may'' and insert ``Federal laboratory shall ensure that title
        to any intellectual property arising from the agreement, except
        intellectual property developed in whole by a laboratory
        employee, is assigned to the collaborating party or parties to
        the agreement in exchange for reasonable compensation to the
        laboratory, and may''.
            (2) In subsection (b)(2), strike ``or in part''.
            (3) Amend subsection (b)(3) to read as follows:
            ``(3) retain a nonexclusive, nontransferable, irrevocable,
        paid-up license from the collaborating party or parties for any
        intellectual property arising from the agreement, and have such
        license practiced throughout the world by or on behalf of the
        Government, but shall not, in the exercise of such license,
        publicly disclose proprietary information related to the
        license;''.
            (4) Amend subsection (b)(4) to read as follows:
            ``(4) retain the right, in accordance with procedures
        provided in regulations promulgated under this section, to
        require a collaborating party to grant to a responsible
        applicant or applicants a nonexclusive, partially exclusive, or
        exclusive license to use the subject intellectual property in
        any field of use, on terms that are reasonable under the
        circumstances, or if the collaborating party fails to grant
        such a license, to grant the license itself if the laboratory
        finds that--
                    ``(A) the collaborating party has not taken, and is
                not expected to take within a reasonable time,
                effective steps to achieve practical application of the
                subject intellectual property in the field of use;
                    ``(B) such action is necessary to meet health or
                safety needs that are not reasonably satisfied by the
                collaborating party;
                    ``(C) such action is necessary to meet requirements
                for public use specified by Federal regulations and
                such requirements are not reasonably satisfied by the
                collaborating party; or
                    ``(D) the collaborating party has not entered into
                or is in breach of an agreement made pursuant to
                subsection (c)(4)(B).''.
            (5) In subsection (d)(2), strike ``and'' at the end;
            (6) In subsection (d)(3), strike the period at the end and
        insert ``; and''.
            (7) At the end of subsection (d), insert the following new
        paragraph:
            ``(4) the term `intellectual property rights' means--
                    ``(A) in the case of government-owned, government-
                operated Federal laboratories, patents; and
                    ``(B) in the case of government-owned, contractor-
                operated Federal laboratories, patents, copyrights, and
                computer chip mask work registrations.''.

SEC. 4. DISTRIBUTION OF INCOME FROM INTELLECTUAL PROPERTY RECEIVED BY
              FEDERAL LABORATORIES.

    Section 14 of the Stevenson-Wydler Technology Innovation Act of
1980 (15 U.S.C. 3710c) is amended to read as follows:

``SEC. 14. DISTRIBUTION OF INCOME FROM INTELLECTUAL PROPERTY RECEIVED
              BY FEDERAL AGENCIES OR LABORATORIES.

    ``(a) In General.--
            ``(1) Except as provided in paragraphs (2) and (4), any
        income received by a Federal agency or laboratory from the
        licensing or assignment of intellectual property under
        agreements entered into by Federal laboratories under section
        12, and intellectual property of Federal agencies or
        laboratories licensed under section 207 of title 35, United
        States Code, or under any other provision of law, shall be
        retained by the agency or laboratory and shall be disposed of
        as follows:
                    ``(A)(i) The head of the agency or laboratory or
                his designee shall pay to the laboratory employee or
                employees who have assigned their rights in the
                intellectual property to the United States, to the
                laboratory operator, or to a collaborating party or
                parties to a research agreement an amount equal to the
                sum of--
                            ``(I) the first $10,000 received by the
                        agency or laboratory from the intellectual
                        property; and
                            ``(II) 15 percent of any income received by
                        the agency or laboratory from the intellectual
                        property in excess of the sum of the amount
                        paid pursuant to item (I) and the value of
                        unreimbursed research and development resources
                        provided by the laboratory under the terms of
                        the agreement.
                    ``(ii) An agency or laboratory may provide
                appropriate incentives from royalties to laboratory
                employees who contribute substantially to the technical
                development of licensed or assigned intellectual
                property between the time that the intellectual
                property rights are legally asserted and the time of
                the licensing or assigning of the intellectual property
                rights.
                    ``(iii) The agency or laboratory shall retain the
                income received from intellectual property until the
                agency or laboratory makes payments to laboratory
                employees under clause (i) or (ii).
                    ``(B) The balance of the income shall be
                transferred to the agency's laboratories, with the
                majority share of the royalties or other income going
                to the laboratory where the intellectual property
                originated, and the income so transferred to any such
                laboratory may be used or obligated by that laboratory
                during the fiscal year in which it is received or
                during the succeeding fiscal year--
                            ``(i) for payment of not more than 15
                        percent of such income for expenses incidental
                        to the administration and licensing of
                        intellectual property by the agency or
                        laboratory with respect to intellectual
                        property which originated at that laboratory,
                        including the fees or other costs for the
                        services of other agencies, persons, or
                        organizations for intellectual property
                        management and licensing services;
                            ``(ii) to reward scientific, engineering,
                        and technical employees of the laboratory,
                        including developers of sensitive or classified
                        technology, regardless of whether the
                        technology has commercial applications;
                            ``(iii) to further scientific exchange
                        among the laboratories of the agency; or
                            ``(iv) for education and training of
                        employees consistent with the research and
                        development mission and objectives of the
                        agency or laboratory, and for other activities
                        that increase the potential for transfer of the
                        technology of the laboratories of the agency.
        All income retained by the agency or laboratory after payments
        have been made pursuant to subparagraphs (A) and (B) that is
        unobligated and unexpended at the end of the fiscal year
        succeeding the fiscal year in which the income was received
        shall be paid into the United States Treasury.
            ``(2) If, after payments to employees under paragraph (1),
        the intellectual property income received by an agency and its
        laboratories in any fiscal year exceeds 5 percent of the budget
        of the laboratories of the agency for that year, 75 percent of
        such excess shall be paid to the United States Treasury and the
        remaining 25 percent may be used or obligated for the purposes
        described in clauses (i) through (iv) of paragraph (1)(B)
        during that fiscal year or the succeeding fiscal year. Any
        income not so used or obligated shall be paid into the United
        States Treasury.
            ``(3) Any payment made to an employee under this section
        shall be in addition to the regular pay of the employee and to
        any other awards made to the employee, and shall not affect the
        entitlement of the employee to any regular pay, annuity, or
        award to which the employee is otherwise entitled or for which
        the employee is otherwise eligible, or limit the amount
        thereof. Any payment made under this section to any employee
        shall continue after the employee leaves the employment of the
        laboratory or agency.
            ``(4) A Federal agency receiving income as a result of
        intellectual property management services performed for another
        Federal agency or laboratory under section 207 of title 35,
        United States Code, may retain such income to the extent
        required to offset the payment of income from intellectual
        property under paragraph (1)(A)(i), and costs and expenses
        incurred under paragraph (1)(B)(i), including the cost of
        foreign protection of the intellectual property of the other
        agency. All income remaining after payment of the income,
        costs, and expenses described in the preceding sentence shall
        be transferred to the agency for which the services were
        performed, for distribution in accordance with clauses (i)
        through (iv) of paragraph (1)(B).
    ``(b) Certain Assignments.--If the intellectual property from which
the income is derived was assigned to the Federal agency--
            ``(1) by a contractor, grantee, or participant in a
        cooperative agreement with the agency; or
            ``(2) by an employee of the agency who was not working in
        the laboratory at the time the intellectual property was
        originated;
``the agency unit that was involved in such assignment shall be
considered to be a laboratory for purposes of this section.
    ``(c) Reports.--
            ``(1) In making its annual submission to the Congress, each
        Federal agency shall submit, to the appropriate authorization
        and appropriations committee of both Houses of the Congress, a
        summary of the amount of income received from intellectual
        property and expenditures made (including employee awards)
        under this section.
            ``(2) Not later than October 1, 1996, the Comptroller
        General shall review the effectiveness of the various income-
        sharing programs established under this section and report to
        the appropriate committees of the House of Representatives and
        the Senate, in a timely manner, the Comptroller General's
        findings, conclusions, and recommendations for improvements in
        such programs.''.

SEC. 5. AMENDMENT TO BAYH-DOLE ACT.

    Section 210(e) of title 35, United States Code, is amended by
inserting ``and the Technology Commercialization Act of 1993'' after
``Federal Technology Transfer Act of 1986''.

Output:
Technology Transfer Improvements Act of 1993 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 regarding title to intellectual property arising from cooperative research and developments agreements (CRADAs) to: (1) direct Federal laboratories to ensure that such title is assigned to the collaborating parties to the CRADA in exchange for reasonable compensation to the Federal laboratory; (2) authorize a Federal laboratory to retain (and practice on a worldwide basis) a nonexclusive, nontransferable, irrevocable, paid-up license from the collaborating parties for such property; and (3) authorize a Federal laboratory to require a collaborating partner to grant a license to use such property to a responsible applicant.
Defines intellectual property rights as:  (1) "patents" in the case of Government-owned, Government-operated Federal laboratories; and (2) "patents, copyrights, and computer chip mask work registration" in the case of Government-owned, contractor-operated Federal laboratories.
Sets forth a framework for the distribution of income from intellectual property received by Federal agencies or laboratories.
Requires the Comptroller General to report to the Congress on the effectiveness of the income-sharing programs established under this Act.
Amends the Bayh-Dole Act to grant this Act precedence over its provisions.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Terrorist Detainees Procedures Act
of 2009''.

SEC. 2. PROHIBITION OF DETENTION OF UNLAWFUL ENEMY COMBATANTS AT NAVAL
              STATION, GUANTANAMO BAY, CUBA.

    As soon as practicable, but by not later than December 31, 2009,
the President shall ensure that no person alleged to be an unlawful
enemy combatant is detained at Naval Station, Guantanamo Bay, Cuba.

SEC. 3. STATUS REVIEWS FOR INDIVIDUALS DETAINED AT GUANTANAMO BAY,
              CUBA.

    (a) Status Reviews Required.--In the case of a person described in
subsection (b), the status of the person shall be determined by a panel
of three military judges in accordance with this section.
    (b) Person Described.--A person described in this subsection is a
person who, as of the date of the enactment of this Act, is detained by
the United States at Naval Station, Guantanamo Bay, Cuba, and who is
suspected of being an unlawful enemy combatant.
    (c) Jurisdiction.--The panel of military judges convened to conduct
a status review under this section shall have exclusive jurisdiction to
determine the status of the person suspected of being an unlawful enemy
combatant.
    (d) Procedure.--A review under this section shall be conducted
under the same procedures as are applicable to an investigation under
section 832 (article 32) of title 10, United States Code, except that a
person whose status is reviewed under subsection (a) shall also be
entitled to an interpreter with appropriate security clearance.
    (e) Military Judges.--To serve as a military judge for purposes of
a status review under this section, a military judge shall be a
commissioned officer of the armed forces who is a member of the bar of
a Federal court or a member of the bar of the highest court of a State
and who is certified to be qualified for duty as a military judge by
the Judge Advocate General of the armed force of which such military
judge is a member.
    (f) Deadline for Review.--Each person described in subsection (b)
shall receive a status review under this section by no later than the
date that is 120 days after the date of the enactment of this Act,
unless a military judge determines that such date should be extended
for good cause.
    (g) Conforming Repeal.--The Detainee Treatment Act of 2005 (title X
of Public Law 109-148; 119 Stat. 2742) is amended by striking section
1005 and the Detainee Treatment Act of 2005 (title XIV of Public Law
109-163; 119 Stat. 3474) is amended by striking section 1405.
    (h) Treatment of Combatant Status Review Tribunals.--A review
conducted pursuant to section 1005 of the Detainee Treatment Act of
2005 (title X of Public Law 109-148; 119 Stat. 2742; 10 U.S.C. 801
note), as in effect before the date of the enactment of this Act, shall
not satisfy the requirement of subsection (a).

SEC. 4. DISPOSITION OF DETAINEES AFTER STATUS REVIEWS.

    (a) Unlawful Enemy Combatants.--
            (1) In general.--Any person who is determined, pursuant to
        a review under section 3, to be an unlawful enemy combatant
        shall be--
                    (A) transferred to a military or civilian detention
                facility in the United States, charged with a violation
                of United States or international law, and tried--
                            (i) by courts-martial under chapter 47 of
                        title 10, United States Code (the Uniform Code
                        of Military Justice); or
                            (ii) in a district court of the United
                        States;
                    (B) transferred to an international tribunal
                operating under the authority of the United Nations
                with jurisdiction to hold trials of such person;
                    (C) transferred to a NATO-run detention facility,
                or to a different country, provided that there are
                adequate assurances that the person will not be subject
                to torture in that country, consistent with the
                obligations of the United States under international
                law; or
                    (D) held in accordance with the law of armed
                conflict until the earlier of--
                            (i) the cessation of the hostilities that
                        are directly related to the person's initial
                        detention; or
                            (ii) such time as the person is determined
                        to no longer be a threat.
            (2) Charges.--If charges are brought under subsection
        (a)(1)(A) against a person determined to be an unlawful enemy
        combatant pursuant to a review under section 3, such charges
        shall be brought before the end of the 120-day period that
        begins on the date on which such review is concluded, unless a
        military judge determines that relevant evidence has become
        available after the end of such period and that such period
        should be extended.
    (b) Other Detainees.--Any person who is determined, pursuant to a
review under section 3, not to be an unlawful enemy combatant and who
is not suspected of violating any law of the United States or any
international law shall be--
            (1) transferred to the person's country of citizenship,
        place of capture, or a different country, as long as that
        country provides adequate assurances that the person will not
        be subject to torture, consistent with the obligations of the
        United States under international law; or
            (2) released.
    (c) Construction.--The transfer of a person under subsection (a)
shall not be considered an entry into the United States for purposes of
immigration status.

SEC. 5. HABEAS CORPUS FOR DETAINEES AT GUANTANAMO BAY, CUBA.

    (a) Repeal of Prohibition on Habeas Corpus.--Section 2241 of title
28, United States Code, is amended by striking subsection (e).
    (b) Jurisdiction.--An application for a writ of habeas corpus
brought by a person described in section 3(b) may only be heard in the
United States District Court for the District of Columbia.
    (c) Sense of Congress.--It is the sense of Congress that the
judicial review of all applications for writs of habeas corpus brought
by persons described in section 3(b) that are pending as of the date of
the enactment of this Act should be suspended until the completion of
the status reviews required under section 3.

SEC. 6. REPEAL OF MILITARY COMMISSIONS ACT OF 2006.

    (a) Repeal.--Title 10, United States Code, is amended by striking
chapter 47A.
    (b) Conforming Amendments.--Title 10, United States Code, as
amended by subsection (a), is further amended--
            (1) in tables of chapters at the beginning of subtitle A,
        and at the beginning of part II of subtitle A, by striking the
        item relating to chapter 47A;
            (2) in section 802(a) (article 2) by striking paragraph
        (13);
            (3) in each of sections 821, 828, 848, 850(a), 904, and 906
        (articles 21, 28, 48, 50(a), 104, and 106) by striking the
        following: ``This section does not apply to a military
        commission established under chapter 47A of this title.''; and
            (4) in section 836 (article 36)--
                    (A) in subsection (a), by striking ``, except as
                provided in chapter 47A of this title,''; and
                    (B) in subsection (b), by striking ``, except
                insofar as applicable to military commissions
                established under chapter 47A of this title''.

SEC. 7. REPORT ON COMPREHENSIVE DETAINEE POLICY.

    Not later than 120 days after the date of the enactment of this
Act, the President shall submit to Congress a report containing the
President's recommendations with respect to any statutory changes
necessary to implement a comprehensive Federal policy governing the
apprehension, detention, trial, transfer, release, or other disposition
of individuals captured or apprehended in connection with armed
conflicts and counterterrorism operations.

SEC. 8. DEFINITIONS.

    In this Act:
            (1) The term ``unlawful enemy combatant'' means a person
        who has engaged in hostilities or who has purposefully and
        materially supported hostilities against the United States or
        its co-belligerents who is not a lawful enemy combatant
        (including a person who is part of the Taliban, al Qaeda, or
        associated forces).
            (2) The term ``co-belligerent'', with respect to the United
        States, means any State or armed force joining and directly
        engaged with the United States in hostilities or directly
        supporting hostilities against a common enemy.
            (3) The term ``lawful enemy combatant'' means a person who
        is--
                    (A) a member of the regular forces of a State party
                engaged in hostilities against the United States;
                    (B) a member of a militia, volunteer corps, or
                organized resistance movement belonging to a State
                party engaged in such hostilities, which are under
                responsible command, wear a fixed distinctive sign
                recognizable at a distance, carry their arms openly,
                and abide by the law of war; or
                    (C) a member of a regular armed force who professes
                allegiance to a government engaged in such hostilities,
                but not recognized by the United States.

SEC. 9. EFFECTIVE DATE.

    The amendments made by this Act shall take effect on the date of
the enactment of this Act, and shall apply to all cases, without
exception, pending on or after the date of the enactment of this Act
which relate to any aspect of the detention, transfer, treatment,
trial, or conditions of detention of an alien detained by the United
States since September 11, 2001.

Output:
Terrorist Detainees Protection Act of 2009 - Directs the President to ensure that by the end of calendar 2009 no person alleged to be an unlawful enemy combatant is detained at Naval Station, Guantanamo Bay, Cuba.

Requires a status review by a panel of three military judges of any Guantanamo detainee suspected of being an unlawful enemy combatant.

Requires that any person determined, pursuant to such a review, to be an unlawful enemy combatant to be: (1) transferred to a military or civilian detention facility in the United States, charged with a violation of U.S. or international law, and tried by courts-martial or in a district court; (2) transferred to an international tribunal operating under the authority of the United Nations with jurisdiction to hold trials of such a person; (3) transferred to a NATO-run detention facility, or to a different country, provided there are adequate assurances that the person will not be subject to torture in that country; or (4) held in accordance with the law of armed conflict. Provides for the disposition of other detainees after status reviews, including possible release.

Repeals the prohibition on habeaus corpus for detainees at Guantanamo Bay, Cuba.

Expresses the sense of Congress that the judicial review of all applications for writs of habeas corpus brought by detainees that are pending as of the date of enactment of this Act should be suspended until the completion of the status reviews.

Repeals the Military Commissions Act of 2006.

Requires the President to report to Congress any recommendations for statutory changes necessary to implement a comprehensive federal policy governing the apprehension, detention, trial, transfer, release, or other disposition of individuals captured or apprehended in connection with armed conflicts and counterterrorism operations.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Provide Access and Retain Continuity
Act'' or the ``PARC Act''.

SEC. 2. AGREEMENTS FOR CONTINUED OPERATION OF CERTAIN FACILITIES AND
              PROGRAMS.

    (a) In General.--As soon as practical after the date of the
enactment of this Act, the Secretary of the Interior (hereafter in this
Act referred to as the ``Secretary'') shall enter into agreements with
States that submit an agreement that is approved under subsection (c)
or (f) to provide for those States to conduct activities described in
section 3. Not later than 90 days after funds are made available to the
Secretary, the Secretary shall reimburse States for eligible activities
conducted by that State under an agreement entered into under this Act.
    (b) Petition for Agreement.--Beginning 30 days after the date of
the enactment of this Act, a State may submit to the Secretary a
petition to enter into an agreement with the Secretary for purposes of
conducting activities described in section 3.
    (c) Determination.--The Secretary shall approve or deny a petition
(including a corrected petition that is resubmitted) submitted under
this section not later than 90 days after the date on which the
Secretary receives the petition.
    (d) Denial of Petition.--The Secretary shall approve a petition
submitted under subsection (b) if the Secretary determines that--
            (1) the petition is complete;
            (2) the proposed agreement submitted with the petition
        contains all of the terms required under subsection (g); or
            (3) the petition is from a State that had a previous
        agreement terminated and the Secretary determines that the
        reasons for that termination warrant denial of the new (or
        corrected) petition.
    (e) Opportunity To Amend Petition.--
            (1) Notice of denial.--If the Secretary denies a petition
        under subsection (b), the Secretary shall provide to the State
        that submitted such petition written notice of the denial. Such
        written notice shall include--
                    (A) a clear and comprehensive statement of the
                reasons why the petition was denied; and
                    (B) a clear and comprehensive description of any
                deficiencies in the petition or the related proposed
                agreement.
            (2) Resubmission of corrected petition.--After receiving a
        notice from the Secretary under paragraph (1), a State may
        amend and resubmit the denied petition.
    (f) Petition and Agreement Deemed Approved.--If the Secretary does
not approve or deny a petition submitted under subsection (b) or (e)(2)
within 90 days after receiving the petition, the petition and the
proposed agreement submitted with the petition shall be deemed
approved.
    (g) Petition Contents.--A petition submitted under subsection (b)
shall include--
            (1) a letter signed by the Governor of the State submitting
        such petition addressed to the Secretary that contains a
        description of the eligible activities that the State seeks to
        conduct;
            (2) the proposed agreement that is the subject of the
        petition;
            (3) documentation that demonstrates the ability of the
        State to conduct the eligible activities;
            (4) a statement that the State shall indemnify and hold the
        United States harmless for any action of negligence or gross
        negligence on the part of the State while conducting an
        eligible activity; and
            (5) any other documentation that the Secretary may require.

SEC. 3. ACTIVITIES ELIGIBLE FOR REIMBURSEMENT.

    The Secretary of the Interior shall reimburse States for non-
Federal funds expended for activities that meet all of the following
criteria:
            (1) The activity was conducted under a memorandum of
        understanding entered into under section 2.
            (2) The activity was conducted during a time when the
        Federal Government was not conducting that activity due to the
        partial shutdown of the Federal Government that was the result
        of a lapse in appropriations.
            (3) The activity was necessary to operate one or more
        facilities or programs that the Secretary and the State have
        agreed, under the memorandum of understanding entered into
        under section 2, to have a direct economic impact on tourism,
        mining, timber, or general transportation in the State.
            (4) The activity was conducted in a manner and at a level
        not substantially greater in scope or cost than how the
        activity would have been conducted by the Federal Government.
            (5) The activity is not a settlement of or defense against
        a claim of liability on the part of the State.

SEC. 4. WAIVER OF SOVEREIGN IMMUNITY.

    If any State brings an action in any court of the United States or
any State court relating only and directly to enforcement of section 3
and names the United States as a party, any claim by the United States
to sovereign immunity from the action is waived, but only for the
limited and sole purpose of reimbursement to a State for non-Federal
funds expended by or on behalf of that State for activities that meet
all of the criteria listed in section 3.

Output: Provide Access and Retain Continuity Act or the PARC Act - Directs the Secretary of the Interior to enter into agreements with, and provide reimbursement to, states to conduct activities determined to have a direct economic impact on tourism, mining, timber, or general transportation in the state that are otherwise not being conducted by the federal government during a partial shutdown of the federal government due to a lapse in appropriations.  Requires the Secretary to approve or deny a petition for such an agreement not later than 90 days after receiving it and deems such petition approved if the Secretary does not act on it within the 90-day period.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Innovation Competitiveness Act of
2004''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) If the United States is to dominate the next critically
        decisive stage of industrial progress, it must be the first to
        create the technologies and skilled workforce capable of taking
        advantage of new high technology opportunities.
            (2) Research, innovation, and human capital are our
        principal strengths. By sustaining United States investments in
        research and finding collaborative arrangements to leverage
        existing resources and funds in a scarce budget environment, we
        ensure that America remains at the forefront of scientific and
        technological capability.
            (3) The United States has begun to confront a new level of
        global competition.
            (4) The United States remains a leading attraction for
        innovating talent and entrepreneurial activity. The United
        States's research and development system is the best in the
        world. It comprises the world's largest market and promotes a
        vibrant entrepreneurial business climate.
            (5) For the United States to maintain its high standards of
        living through continued economic prosperity over the long-
        term, the basic components of the Nation's innovation
        ecosystems must remain healthy.
            (6) Technology transfer of publicly funded research is a
        critical mechanism for optimizing the return on taxpayer
        investment, particularly where other benefits are not
        measurable at all or are very long-term.
            (7) Active marketing and educational campaigns tailored by
        individual Federal agencies on their respective research and
        development activities are important where--
                    (A) inventions have multiple applications and may
                need to be matched-up with commercial enterprises
                representing several industries; and
                    (B) new invention applications may require rapid
                development and dissemination by companies not
                otherwise known by the agency.
            (8) Technology transfer has become a very broad activity,
        with many stakeholders and users. Aggregating available
        technology transfer resources into a single location, available
        in an electronic format, would help--
                    (A) facilitate the access, administration,
                education, monitoring, and efficiency of technology
                transfer activities with the government;
                    (B) stimulate further interaction and
                responsiveness from the private sector; and
                    (C) facilitate the formation of much needed
                technology transfer databases and provide opportunities
                to examine and track more refined measurements of
                technology flows.
            (9) A 2003 Department of Commerce survey reported that only
        34 percent of the Federal laboratories surveyed formed
        laboratory industrial advisory committees. These committees can
        advocate and promote effective communication between Federal
        laboratories and the user communities to help facilitate mutual
        understanding and leverage maximum impact of the research
        conducted.
            (10) Because the entire innovation process is continuing to
        evolve in an arena of increasing global competition,
        identifying metrics to quantify program effectiveness is of
        increasing importance. Metrics need to take into account a wide
        range of steps in a highly complex process, as well as the
        ultimate product or service, but should not constrain the
        continued evolution or development of new technology transfer
approaches. In addition, these metrics need to accommodate.
                    (A) characteristics unique to varying industries;
                and
                    (B) mission differences between the licensing
                institutions.
            (11) Local and regional impacts from Federal research and
        development activities have a direct impact on communities in
        which they are conducted. Such activities attract new
        businesses to these areas, thereby stimulating local economies
        and improving local education.
            (12) State governments are already active in providing a
        friendly and complementary research and development
        environment.
            (13) Half of all States each receive half a billion or more
        Federal research and development dollars yearly.
            (14) Given the importance of Federal research and
        development investments to the Nation, States, and localities,
        little information is widely available. There is a need for a
        data system that can provide detailed information on all of the
        activities and scope of the Federal research and development
        enterprise so that State and local officials can use the
        information to identify new opportunities for State-Federal
        research collaboration.

SEC. 3. OUTREACH ACTIVITIES.

    (a) Technology Transfer Director.--The Secretary of Commerce shall
designate a Technology Transfer Director within the Technology
Administration to perform oversight of and policy development for
technology transfer activities at the Department of Commerce.
    (b) Duties.--The Director shall--
            (1) coordinate the activities of the Interagency Working
        Group on Technology Transfer, oversee the expenditure of funds
        allocated to the Technology Transfer Working Group;
            (2) coordinate with each technology partnership ombudsman
        appointed under section 11 of the Technology Transfer
        Commercialization Act of 2000 (42 U.S.C. 7261c);
            (3) establish and maintain procedures for ensuring the
        effective coordination of the technology transfer outreach
        activities of the Department between and among--
                    (A) the National Technical Information Service;
                    (B) the Federal Laboratory Consortium for
                Technology Transfer;
                    (C) the National Science Foundation;
                    (D) the National Aeronautics and Space
                Administration; and
                    (E) other appropriate Federal agencies.
    (b) Responsibilities.--The Director's responsibilities shall
include--
            (1) coordinating technology transfer activities occurring
        at National Laboratories and single purpose research
        facilities;
            (2) exchanging information about technology transfer
        practices, including alternative approaches to resolution of
        disputes involving intellectual property rights and other
        technology transfer matters;
            (3) developing and disseminating to the public and
        prospective technology partners information about opportunities
        and procedures for technology transfer through a one-stop
        information virtual center; and
            (4) providing and disseminating information through
        prepared material on Federally owned or originated products,
        processes, and services having potential application to State
        and local governments and to private industry.
    (d) Oversight.--The Director shall--
            (1) periodically review the procedures maintained under
        subsection (c) for the purpose of ensuring that such procedures
        meet the requirements of that subsection; and
            (2) make such modifications to such procedures as the
        Director considers appropriate in light of such review in order
        to better achieve the purposes of this section.

SEC. 4. RESEARCH ACTIVITIES.

    (a) In General.--The Secretary, through the Technology Transfer
Director as established by section 3, shall establish a research
program within the Technology Administration that will--
            (1) involve consultation, as appropriate, with the various
        units of the Commerce Department, including the Federal
        Laboratory Consortium for Technology Transfer, each Federal
        agency's research and technology applications, and utilization
        (with the consent of the agency involved) of the expertise and
        services of the National Science Foundation, the National
        Aeronautics and Space Administration, and other Federal
        agencies;
            (2) build upon ongoing efforts of the private sector; and
            (3) involve consortia that include government and industry.
    (b) Development of Research Tools and Practices.--The Director
shall work with industry, trade associations, professional societies,
and others to conduct experimentation, analysis, testing, verification,
and demonstration of improved tools and practices that identify--
            (1) best practices for technology transfer, and
            (2) metrics to quantify technology transfer practices
        effectiveness, taking into account wide range of differences in
        technology, market dynamics, intellectual property in varying
        industrial sectors, as well as different mission differences
        between licensing institutions.
    (c) Study.--The Director shall work with industry, trade
associations, professional societies, and others--
            (1) to develop reliable data on how to improve workforce
        education and address critical workforce issues, including the
        availability of scientists and engineers and a readily
        available pool of skilled employees;
            (2) to process reviews to reduce complexity of, and time
        required to complete, technology transfer transactions;
            (3) to study and assess the implications of technology
        development and transfer in a global environment, with specific
        attention to the effects of emerging technology; and
            (4) to analyze why the widely recognized ``valley of
        death'' remains an obstacle to the adaption by the private
        sector of Federal laboratory technologies for use in commercial
        markets.
    (d) Dissemination and Technical Assistance Program.--The Director
shall oversee a dissemination and technical assistance program to
assist with the immediate dissemination and implementation of the
practices, standards, and codes developed by the Technology
Administration.
    (e) Reports.--
            (1) Initial report.--Not later than 120 days after the date
        of enactment of this Act, the Director shall submit a report
        detailing the proposed schedule of studies and other activities
        to be undertaken under this Act to the Senate Committee on
        Commerce, Science, and Transportation and the House of
        Representatives Committee on Science.
            (2) Annual progress reports.--Not later than 12 months
        after the date of enactment of this Act, and annually
        thereafter, the Director shall submit a progress report to the
        committees described under paragraph (1), which summarizes the
        Technology Administration's activities under this Act.

SEC. 5. SMALL BUSINESS ADVOCACY AND ASSISTANCE.

    The Secretary shall designate a small business advocate within the
Department--
            (1) to increase the participation of small business
        concerns, including socially and economically disadvantaged
        small business concerns, in procurement, collaborative
        research, technology licensing, and technology transfer
        activities conducted by the National Laboratories or single-
        purpose research facilities;
            (2) to report to the National Laboratory Consortium on the
        actual participation of small business concerns in procurement
        and collaborative research along with recommendations, if
        appropriate, on how to improve participation;
            (3) to make available to small business concerns training,
        mentoring, and clear, up-to-date information on how to
        participate in procurement and collaborative research,
        including how to submit effective proposals, and information
        related to alternative approaches to resolution of disputes
        involving intellectual property rights and other technology
        transfer matters;
            (4) to increase awareness inside the National Laboratories
        and single-purpose research facilities of the capabilities and
        opportunities presented by small business concerns; and
            (5) to establish guidelines for a small business program
        under this Act and report on the effectiveness of such program
        to the Secretary.

SEC. 6. COORDINATE RESEARCH AND DEVELOPMENT EFFORTS WITH STATES.

    (a) Establishment.--The Secretary shall establish a State and
Industry Task Force for the purpose of highlighting areas--
            (1) where the Federal government can help in State efforts
        to provide a complementary research and development
        environment; and
            (2) that exist where the Federal government could assist in
        efforts to help match Federal programs, to the extent possible,
        with State economic development efforts.
    (b) Membership.--The Task Force shall be comprised of not fewer
than 9 nor more than 15 members appointed by the Secretary, and shall
include such representatives from State and local governments,
industry, universities, professional societies, Government
laboratories, and other organizations as the Secretary considers
appropriate based on the Secretary's assessment of the technical and
other qualifications of such representatives.
    (c) Terms.--
            (1) In general.--The term of a member of the Task Force
        shall be 3 years.
            (2) Staggered terms.--The Secretary may appoint members of
        the Task Force in a manner that allows the terms of the members
        serving at any time to expire at spaced intervals so as to
        ensure continuity in the functioning of the Task Force.
            (3) Reappointment.--A member of the Task Force whose term
        expires may be reappointed.
    (d) Chairperson.--The Task Force shall have a chairperson, who
shall be elected by the members.
    (e) Cooperation.--The heads of Federal agencies shall cooperate
with the Task Force in carrying out the requirements of this section
and shall furnish to the Task Force such information as the committee
considers necessary to enable it to carry out its functions.

SEC. 7. DEFINITIONS.

    In this Act:
            (1) Director.--The term ``Director'' means the Technology
        Transfer Director appointed under section 3.
            (2) Secretary.--The term ``Secretary'' means the Secretary
        of Commerce.
            (3) Small business concern.--The term ``small business
        concern'' has the meaning given that term in section 3 of the
        Small Business Act (15 U.S.C. 632).
            (4) Socially and economically disadvantaged small business
        concerns.--The term ``socially and economically disadvantaged
        small business concerns'' has the meaning given that term in
        section 8(a)(4) of the Small Business Act (15 U.S.C.
        637(a)(4)).

Output:
Innovation Competitiveness Act of 2004 - Directs the Secretary of Commerce to designate a Technology Transfer Director within the Technology Administration to perform oversight and policy and development for technology transfer activities at the Department of Commerce.

Requires the Director to: (1) coordinate activities of the Interagency Working Group on Technolgy Transfer; (2) coordinate with certain technology partnership ombudsmans; and (3) establish procedures for coordinating the Commerce Department's technology transfer outreach activities between appropriate Federal agencies, including the National Technical Information Service and the Federal Laboratory Consortium for Technology Transfer.

Directs the Secretary to establish a research program within the Technology Administration that: (1) involves consultation with the various units of the Commerce Department; (2) builds upon ongoing private sector efforts; and (3) involves consortia.

Instructs the Director to work with industry, trade associations, professional societies, and others to: (1) develop improved technology transfer research tools and practices; and (2) conduct a specified study.

Requires the Director to oversee a dissemination and technical assistance program for the immediate dissemination and implementation of the practices, standards, and codes developed by the Technology Administration.

Directs the Secretary to designate a small business advocate within the Commerce Department to: (1) increase the participation of small business concerns; and (2) establish guidelines for a small business program under this Act.

Directs the Secretary to establish a State and Industry Task Force to highlight areas where the Federal Government can help States to provide a complementary research and development environment.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Community Coalitions for Access and
Quality Improvement Act of 2009''.

SEC. 2. PURPOSE.

    The purpose of this Act is to provide assistance to community
health coalitions as described in section 3(b) with a clearly defined
local need to increase access to and improve the quality of health care
services through activities which--
            (1) develop or strengthen coordination of services to allow
        all individuals, including the uninsured and low-income, to
        receive efficient and higher quality care and to gain entry
        into and receive services from a comprehensive system of
        medical, dental, pharmaceutical, and behavioral health care;
            (2) develop efficient and sustainable infrastructure for a
        health care delivery system characterized by effective
        collaboration, information sharing, and clinical and financial
        coordination among all types of providers of care in the
        community; and
            (3) develop or strengthen activities related to providing
        coordinated care for individuals with chronic conditions.

SEC. 3. GRANTS TO STRENGTHEN THE EFFECTIVENESS, EFFICIENCY, AND
              COORDINATION OF SERVICES.

    (a) In General.--The Secretary of Health and Human Services (in
this Act referred to as the ``Secretary'') shall award grants to assist
in the development of integrated health care delivery systems to serve
defined communities of individuals--
            (1) to improve the efficiency of and coordination among the
        providers providing services through such systems;
            (2) to assist local communities in developing programs
        targeted toward preventing and managing chronic diseases; and
            (3) to expand and enhance the services provided through
        such systems.
    (b) Eligible Entities.--To be eligible to receive a grant under
this section, an entity shall be an entity that--
            (1) represents a balanced consortium--
                    (A) whose principal purpose is to ensure the
                sustainable capacity for the provision of a broad range
                of coordinated services for all residents within a
                community defined in the entity's grant application as
                described in paragraph (2); and
                    (B) that includes at least one of each of the
                following providers that serve the community (unless
                such provider does not exist within the community,
                declines or refuses to participate, or places
                unreasonable conditions on their participation)--
                            (i) a federally qualified health center (as
                        defined in section 1861(aa) of the Social
                        Security Act (42 U.S.C. 1395x(aa)));
                            (ii) rural health clinics and rural health
                        networks (as defined in sections 1861(aa) and
                        1820(d) of the Social Security Act,
                        respectively (42 U.S.C. 1395x(aa), 1395i-
                        4(d)));
                            (iii) a hospital with a low-income
                        utilization rate that is greater than 25
                        percent (as defined in section 1923(b)(3) of
                        the Social Security Act (42 U.S.C. 1396r-
                        4(b)(3))) or a critical access hospital (as
                        defined in section 1820(c)(2) of the Social
                        Security Act (42 U.S.C. 1395i-4(c)(2)));
                            (iv) a public health department; and
                            (v) an interested public or private sector
                        health care provider or an organization that
                        has traditionally served the medically
                        uninsured and low-income individuals; and
            (2) submits to the Secretary an application, in such form
        and manner as the Secretary shall prescribe, that--
                    (A) clearly defines the community to be served;
                    (B) identifies the providers who will participate
                in the community coalition under the grant and
                specifies each provider's contribution to the care of
                individuals in the community;
                    (C) describes the activities that the applicant and
                the community coalition propose to perform under the
                grant to further the objectives of this section;
                    (D) demonstrates that it is an established
                coalition with ability to build on the current system
                for serving the community by involving providers who
                have traditionally provided a significant volume of
                care for uninsured and low-income individuals for that
                community;
                    (E) demonstrates the coalition's ability to develop
                coordinated systems of care that either directly
                provide or ensure the prompt provision of a broad range
                of high-quality, accessible services, including, as
                appropriate, primary, secondary, and tertiary services
                as well as pharmacy, substance abuse, behavioral health
                and oral health services, in a manner that ensures
                continuity of care in the community;
                    (F) provides evidence of community involvement,
                including the business community, in the development,
                implementation, and direction of the system of care
                that the coalition proposes to ensure;
                    (G) demonstrates the coalition's ability to ensure
                that participating individuals are enrolled in health
                care coverage programs, both public and private, for
                which the individuals are eligible;
                    (H) presents a plan for leveraging other sources of
                revenue, which may include State and local sources and
                private grant funds, and integrating current and
                proposed new funding sources in a manner to ensure
                long-term sustainability of the system of care;
                    (I) describes a plan for evaluation of the
                activities carried out under the grant, including
                measurement of progress toward the goals and objectives
                of the program and the use of evaluation findings to
                improve system performance;
                    (J) demonstrates fiscal responsibility through the
                use of appropriate accounting procedures and management
                systems;
                    (K) demonstrates commitment to serve the community
                without regard to the ability of an individual or
                family to pay by arranging for or providing free or
                reduced charge care for the poor; and
                    (L) includes such other information as the
                Secretary may prescribe.
    (c) Limitations.--
            (1) In general.--An eligible entity may receive a grant
        under this section for 3 consecutive fiscal years and may
        receive such a grant award for 2 additional years if--
                    (A) the eligible entity submits to the Secretary a
                request for a grant for such additional years;
                    (B) the Secretary determines that current
                performance justifies the granting of such a request;
                and
                    (C) the Secretary determines that granting such
                request is necessary to further the objectives
                described in subsection (a).
    (d) Priorities.--In awarding grants under this section, the
Secretary--
            (1) may accord priority to applicants that demonstrate the
        greatest extent of unmet need in the community for a more
        coordinated system of care; and
            (2) shall accord priority to applicants that best promote
        the objectives of this section, taking into consideration the
        extent to which the applicant--
                    (A) identifies a community whose geographical area
                has a high or increasing percentage of individuals who
                are uninsured or low-income;
                    (B) demonstrates that the applicant has included in
                its community coalition providers, support systems, and
                programs that have a tradition of serving individuals
                and families in the community who are uninsured or earn
                below 200 percent of the Federal poverty level;
                    (C) shows evidence that the proposed coalition
                activities would expand utilization of preventive and
                primary care services for uninsured and underinsured
                individuals and families in the community, including
                pharmaceuticals, behavioral and mental health services,
                oral health services, or substance abuse services;
                    (D) proposes approaches that would improve
                coordination between health care providers and
                appropriate social service providers;
                    (E) demonstrates collaboration with State and local
                governments;
                    (F) demonstrates that the applicant makes use of
                non-Federal contributions to the greatest extent
                possible; or
                    (G) demonstrates likelihood that the proposed
                activities will lead to sustainable integrated delivery
                system as additional efforts of health systems
                development evolve.
    (e) Use of Funds.--
            (1) Use by grantees.--
                    (A) In general.--Except as provided in paragraphs
                (2) and (3), a grantee may use amounts provided under
                this section only for--
                            (i) direct expenses associated with
                        achieving the greater integration of a health
                        care delivery system so that the system either
                        directly provides or ensures the provision of a
                        broad range of culturally competent services,
                        including as appropriate primary, secondary,
                        and tertiary care and oral health, substance
                        abuse, behavioral and mental health, and
                        pharmaceutical services; and
                            (ii) direct patient care and service
                        expansions to fill identified or documented
                        gaps within an integrated delivery system.
                    (B) Specific uses.--The following are examples of
                purposes for which a grantee may use grant funds under
                this section, when such use meets the conditions stated
                in subparagraph (A):
                            (i) Increases in outreach activities and
                        closing gaps in health care service, including
                        referral to specialty services and prescription
                        drugs and conducting ongoing outreach to health
                        disparity populations.
                            (ii) Improvements to care management and
                        delivery of patient-centered care, including
                        patient navigation services.
                            (iii) Improvements to coordination of
                        transportation to health care facilities.
                            (iv) Development of provider networks and
                        other innovative models to engage physicians in
                        voluntary efforts to serve the medically
                        underserved within a community.
                            (v) Recruitment, training, and compensation
                        of necessary personnel.
                            (vi) Coordinate the acquisition or
                        interconnected use of technology within a
                        community for the purpose of coordinating care
                        and improving provider communication, including
                        implementation of shared information systems or
                        shared clinical systems to improve the quality
                        of health care.
                            (vii) Development of common processes such
                        as mechanisms for determining eligibility for
                        the programs provided through the system,
                        common identification cards, sliding scale
                        discounts, and monitoring and tracking of
                        outcomes.
                            (viii) Development of specific prevention
                        and disease management tools and processes.
                            (ix) Language access services.
                            (x) Facilitating the involvement of
                        community organizations to provide better
                        access to high-quality health care services to
                        individuals at risk for or who have chronic
                        diseases or cancer.
                            (xi) Helping patients overcome barriers
                        within the health care system to ensure prompt
                        diagnostic and treatment resolution of an
                        abnormal finding of cancer or chronic disease.
            (2) Direct patient care limitation.--Not more than 20
        percent of the funds provided under a grant awarded under this
        section may be used for providing direct patient care and
        services.
            (3) Reservation of funds for national program purposes.--
        The Secretary may use not more than 7 percent of funds
        appropriated to carry out this section for providing technical
        assistance to grantees, obtaining assistance of experts and
        consultants, holding meetings, developing of tools,
        disseminating of information, and evaluation.
    (f) Reporting by Grantee.--A grantee under this section shall
report to the Secretary annually regarding--
            (1) progress in meeting the goals and measurable objectives
        set forth in the grant application submitted by the grantee
        under subsection (b); and
            (2) the extent to which activities conducted by such
        grantee have--
                    (A) improved the effectiveness, efficiency, and
                coordination of services for uninsured and low-income
                individuals in the community served by such grantee,
                using commonly accepted outcome measures;
                    (B) resulted in the provision of better quality
                health care for individuals and families in the
                community served; and
                    (C) resulted in the provision of health care to
                such individuals at lower cost than would have been
                possible in the absence of the activities conducted by
                such grantee.
    (g) Maintenance of Effort.--With respect to activities for which a
grant under this section is authorized, the Secretary may award such a
grant only if the applicant and each of the participating providers
agree that the grantee and each such provider will maintain its
expenditures of non-Federal funds for such activities at a level that
is not less then the level of such expenditures during the fiscal year
immediately preceding the fiscal year for which the applicant is
applying to receive such grant.
    (h) Technical Assistance.--The Secretary may provide any entity
that receives a grant under this section with technical and other
nonfinancial assistance necessary to meet the requirements of this
section. The Secretary may choose to provide such assistance by
awarding a grant to, or entering into a contract with, a State or
national not-for-profit organization with expertise in building
successful community coalitions.
    (i) Evaluation of Program.--Not later than September 30, 2014, the
Secretary shall prepare and submit to the appropriate committees of
Congress a report that describes the extent to which projects funded
under this section have been successful in improving the effectiveness,
efficiency, and coordination of services in the communities served by
such projects, including whether the projects resulted in the provision
of better quality health care for such individuals, and whether such
care was provided at lower costs than would have been provided in the
absence of such projects.
    (j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
            (1) $75,000,000 for fiscal year 2010;
            (2) $100,000,000 for fiscal year 2011;
            (3) $125,000,000 for fiscal year 2012;
            (4) $150,000,000 for fiscal year 2013; and
            (5) $175,000,000 for fiscal year 2014.

Output:
Community Coalitions for Access and Quality Improvement Act of 2009 - Directs the Secretary of Health and Human Services to award grants to assist in developing integrated health care delivery systems to serve defined communities of individuals to: (1) improve efficiency and coordination among providers; (2) assist local communities in developing programs targeted toward preventing and managing chronic diseases; and (3) expand and enhance services provided.

Authorizes the Secretary, in awarding grants, to accord priority to: (1) applicants that demonstrate the greatest unmet need for a more coordinated system of care; and (2) applicants that best promote the objectives of this Act.

Authorizes a grantee to use amounts provided only for: (1) direct expenses associated with achieving greater integration of a health care delivery system to directly provide or ensure the provision of a broad range of culturally competent services; and (2) direct patient care and service expansions to fill identified or documented gaps within an integrated delivery system.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sensible Estate Tax Act of 2008''.

SEC. 2. RESTORATION OF ESTATE TAX; REPEAL OF CARRYOVER BASIS.

    (a) In General.--The following provisions of the Economic Growth
and Tax Relief Reconciliation Act of 2001, and the amendments made by
such provisions, are hereby repealed:
            (1) Subtitles A and E of title V.
            (2) Subsection (d), and so much of subsection (f)(3) as
        relates to subsection (d), of section 511.
            (3) Paragraph (2) of subsection (b), and paragraph (2) of
        subsection (e), of section 521.
The Internal Revenue Code of 1986 shall be applied as if such
provisions and amendments had never been enacted.
    (b) Sunset Not To Apply.--
            (1) Subsection (a) of section 901 of the Economic Growth
        and Tax Relief Reconciliation Act of 2001 is amended by
        striking ``this Act'' and all that follows and inserting ``this
        Act (other than title V) shall not apply to taxable, plan, or
        limitation years beginning after December 31, 2010.''.
            (2) Subsection (b) of such section 901 is amended by
        striking ``, estates, gifts, and transfers''.

SEC. 3. UNIFIED CREDIT AGAINST THE ESTATE TAX.

    (a) In General.--Subsection (c) of section 2010 of the Internal
Revenue Code of 1986 (relating to applicable credit amount) is amended
by striking all that follows ``the applicable exclusion amount'' and
inserting ``. For purposes of the preceding sentence, the applicable
exclusion amount is $2,000,000.''.
    (b) Inflation Adjustment.--Subsection (c) of section 2010 of such
Code, as amended by subsection (a), is amended--
            (1) by striking ``For purposes of this section,'' and
        inserting the following:
            ``(1) In general.--For purposes of this section,'', and
            (2) by adding at the end the following new paragraph:
            ``(2) Inflation adjustment.--In the case of any decedent
        dying in a calendar year after 2008, the $2,000,000 amount in
        paragraph (1) shall be increased by an amount equal to--
                    ``(A) such dollar amount, multiplied by
                    ``(B) the cost-of-living adjustment determined
                under section 1(f)(3) for such calendar year,
                determined by substituting `2007' for `1992' in
                subparagraph (B) thereof.
        If any increase determined under the preceding sentence is not
        a multiple of $10,000, such increase shall be rounded to the
        nearest multiple of $10,000.''.
    (c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying, and gifts made, after December 31,
2008.

SEC. 4. RATES OF TAX.

    (a) In General.--The table in paragraph (1) of section 2001(c) of
the Internal Revenue Code of 1986 (relating to rate schedule) is
amended by striking the last 3 rows and inserting the following:

    Over $1,500,000 but not over
        $5,000,000.
                                        $555,800, plus 45 percent of
                                                the excess of such
                                                amount over $1,500,000.
    Over $5,000,000 but not over
        $10,000,000.
                                        $2,130,800, plus 50 percent of
                                                the excess of such
                                                amount over $5,000,000.
    Over $10,000,000...............
                                        $4,630,800, plus 55 percent of
                                                the excess of such
                                                amount over
                                                $10,000,000.
    (b) Adjustment for Inflation.--Paragraph (2) of section 2001(c) of
such Code is amended to read as follows:
            ``(2) Inflation adjustment.--In the case of any decedent
        dying in a calendar year after 2008--
                    ``(A) each minimum and maximum dollar amount for
                each rate bracket in the table in paragraph (1) shall
                be increased by an amount equal to--
                            ``(i) such dollar amount, multiplied by
                            ``(ii) the cost-of-living adjustment
                        determined under section 1(f)(3) for such
                        calendar year, determined by substituting
                        `2007' for `1992' in subparagraph (B) thereof,
                        and
                    ``(B) each of the amounts setting forth the tax
                under such table shall be adjusted to the extent
                necessary to reflect the adjustments in the rate
                brackets made by subparagraph (A).
                If any increase determined under subparagraph (A) is
                not a multiple of $10,000, such increase shall be
                rounded to the nearest multiple of $10,000.''.
    (c) Effective Date.--The amendment made by subsection (a) shall
apply to estates of decedents dying, and gifts made, after December 31,
2008.

SEC. 5. RESTORATION OF CREDIT FOR STATE DEATH TAX.

    (a) In General.--Section 2011 of the Internal Revenue Code of 1986
(relating to credit for State death taxes) is amended by striking
subsection (f).
    (b) Repeal of Deduction for State Death Taxes.--
            (1) In general.--Section 2058 of such Code (relating to
        State death taxes) is amended by adding at the end the
        following:
    ``(c) Termination.--This section shall not apply to the estates of
decedents dying after December 31, 2008.''.
            (2) Conforming amendment.--Section 2106(a)(4) of such Code
        is amended by adding at the end the following new sentence:
        ``This paragraph shall not apply to the estates of decedents
        dying after December 31, 2008.''.
    (c) Effective Date.--The amendment made by subsection (a) shall
apply to estates of decedents dying, and gifts made, after December 31,
2008.

SEC. 6. RESTORATION OF UNIFIED CREDIT AGAINST GIFT TAX.

    (a) In General.--Paragraph (1) of section 2505(a) of the Internal
Revenue Code of 1986 (relating to general rule for unified credit
against gift tax) is amended by striking ``(determined as if the
applicable exclusion amount were $1,000,000)''.
    (b) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying, generation-skipping transfers, and
gifts made, after December 31, 2008.

SEC. 7. UNIFIED CREDIT INCREASED BY UNUSED UNIFIED CREDIT OF DECEASED
              SPOUSE.

    (a) In General.--Section 2010 of the Internal Revenue Code of 1986,
as amended by section 2, is amended--
            (1) by striking the last sentence of paragraph (1),
            (2) by striking paragraph (2), and
            (3) by inserting after paragraph (1) the following new
        paragraph:
            ``(2) Applicable exclusion amount.--For purposes of
        paragraph (1)--
                    ``(A) In general.--The applicable exclusion amount
                is the sum of--
                            ``(i) the basic exclusion amount, and
                            ``(ii) in the case of a surviving spouse,
                        the aggregate deceased spousal unused exclusion
                        amount.
                    ``(B) Basic exclusion amount.--
                            ``(i) In general.--For purposes of
                        subparagraph (A), the basic exclusion amount is
                        $2,000,000.
                            ``(ii) Inflation adjustment.--In the case
                        of any decedent dying in a calendar year after
                        2008, the $2,000,000 amount in clause (i) shall
                        be increased by an amount equal to--
                                    ``(I) such dollar amount,
                                multiplied by
                                    ``(II) the cost-of-living
                                adjustment determined under section
                                1(f)(3) for such calendar year by
                                substituting `calendar year 2007' for
                                `calendar year 1992' in subparagraph
                                (B) thereof.
                        If any amount as adjusted under the preceding
                        sentence is not a multiple of $100,000, such
                        amount shall be rounded to the nearest multiple
                        of $100,000.
                    ``(C) Aggregate deceased spousal unused exclusion
                amount.--For purposes of this subsection--
                            ``(i) Aggregate deceased spousal unused
                        exclusion amount.--The term `aggregate deceased
                        spousal unused exclusion amount' means the
                        lesser of--
                                    ``(I) the basic exclusion amount,
                                or
                                    ``(II) the sum of the deceased
                                spousal unused exclusion amounts of the
                                surviving spouse.
                            ``(ii) Deceased spousal unused exclusion
                        amount.--For purposes of subsection (A), the
                        term `deceased spousal unused exclusion amount'
                        means, with respect to the surviving spouse of
                        any deceased spouse dying after December 31,
                        2008, the excess (if any) of--
                                    ``(I) the applicable exclusion
                                amount of the deceased spouse, over
                                    ``(II) the amount with respect to
                                which the tentative tax is determined
                                under section 2001(b)(1) on the estate
                                of such deceased spouse.
                            ``(iii) Special rules.--
                                    ``(I) Election required.--A
                                deceased spousal unused exclusion
                                amount may not be taken into account by
                                a surviving spouse under this paragraph
                                unless the executor of the estate of
                                the deceased spouse files an estate tax
                                return on which such amount is computed
                                and makes an election on such return
                                that such amount may be so taken into
                                account. Such election, once made,
                                shall be irrevocable. No election may
                                be made under this clause if such
                                return is filed after the time
                                prescribed by law (including
                                extensions) for filing such return.
                                    ``(II) Examination of prior returns
                                after expiration of period of
                                limitations with respect to deceased
                                spousal unused exclusion amount.--
                                Notwithstanding any period of
                                limitation in section 6501, after the
                                time has expired under section 6501
                                within which a tax may be assessed
                                under chapter 11 or 12 with respect to
                                a deceased spousal unused exclusion
                                amount, the Secretary may examine a
                                return of the deceased spouse to make
                                determinations with respect to such
                                amount for purposes of carrying out
                                this subsection.
                    ``(D) Regulations.--The Secretary shall prescribe
                such regulations as may be necessary or appropriate to
                carry out this subsection.''.
    (b) Conforming Amendments.--
            (1) Paragraph (1) of section 2505(a) of such Code, as
        amended by section 5, is amended to read as follows:
            ``(1) the applicable credit amount under section 2010(c)
        which would apply if the donor died as of the end of the
        calendar year, reduced by''.
            (2) Section 2631(c) of such Code is amended by striking
        ``the applicable exclusion amount'' and inserting ``the basic
        exclusion amount''.
            (3) Section 6018(a)(1) of such Code is amended by striking
        ``applicable exclusion amount'' and inserting ``basic exclusion
        amount''.
    (c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying, generation-skipping transfers, and
gifts made, after December 31, 2008.

Output:
Sensible Estate Tax Act of 2008 - Repeals provisions of the Economic Growth and Tax Reconciliation Act of 2001 relating to the estate and gift tax.

Amends the Internal Revenue Code to: (1) allow an estate tax exclusion of $2 million adjusted for inflation in calendar years after 2008; (2) revise the estate tax rates for larger estates; (3) restore the estate tax credit for state estate, inheritance, legacy, or succession taxes; (4) restore the unified credit against the gift tax; and (5) allow a surviving spouse an increase in the unified estate tax credit by the amount of any unused credit of a deceased spouse.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safe and Secure Border
Infrastructure Act''.

SEC. 2. ESTABLISHMENT OF SAFE AND SECURE BORDER INFRASTRUCTURE GRANTS.

    The Secretary of Transportation, in consultation with the Secretary
of Homeland Security and the governors of the border States, shall
establish a grant program, which shall be administered by the Secretary
of Transportation and the Administrator of General Services, to
construct transportation and supporting infrastructure improvements at
existing and new international border crossings to facilitate the safe,
secure, and efficient cross-border movement of motor vehicles, non-
motor vehicles, cargo, and individuals, including pedestrians.

SEC. 3. ELIGIBILITY.

    The projects eligible to receive a grant under this Act shall
include--
            (1) highway or bridge projects eligible under title 23,
        United States Code;
            (2) public transportation projects eligible under chapter
        53 of title 49, United States Code;
            (3) demonstration and pilot projects related to innovative
        cross border systems management; and
            (4) passenger and freight rail transportation projects.

SEC. 4. APPLICATIONS.

    To be eligible to receive a grant under this Act, a State or
metropolitan planning organization located in a border region shall
submit to the Secretary of Transportation an application that
demonstrates--
            (1) an established master plan for border infrastructure
        investments that demonstrates awareness of the relevant border
        stakeholder interests at the Federal, State, and regional
        level;
            (2) that receipt of the grant applied for under this Act
        would complete an overall financing package;
            (3) the ability to provide a non-Federal match of 50
        percent of the total cost of the project;
            (4) the satisfaction of all Federal and State environmental
        requirements prior to the submission of the application for the
        grant; and
            (5) a plan to obligate any funds received under this Act by
        the end of the fiscal year following the year in which those
        funds are awarded.

SEC. 5. PRIMARY SELECTION CRITERIA.

    In awarding a grant under this Act, the Secretary of
Transportation, in consultation with the Administrator of General
Services, shall give priority to projects that accomplish one or more
of the following objectives:
            (1) Improve the safety and security at facilities in the
        United States, including ports of entry.
            (2) Facilitate safe, secure, and legal trade crossings of
        motor vehicles, non-motor vehicles, cargo, and individuals,
        including pedestrians, to alleviate border congestion and
        reduce the economic effect of border wait times and delays.
            (3) Implement innovative technologies that enhance safety,
        security, or efficiency at the border.
            (4) Coordinate a system of projects that improve security
        and systems efficiencies at ports of entry.
            (5) Facilitate economic development strategies with respect
        to safety and security.
            (6) Implement congestion relief and air quality management
        strategies to improve the environment.

SEC. 6. APPORTIONMENT OF FUNDS.

    Of the amounts appropriated to carry out this Act, the Secretary of
Transportation, in consultation with the Administrator of General
Services, shall apportion such amounts as follows:
            (1) 20 percent in the ratio that----
                    (A) the total number of incoming commercial trucks
                that pass through land border ports of entry within the
                boundaries of an eligible State; bears to
                    (B) the total number of incoming commercial trucks
                that pass through land border ports of entry within the
                boundaries of all eligible border States.
            (2) 30 percent in the ratio that--
                    (A) the total number of incoming personal motor
                vehicles and incoming buses that pass through land
                border ports of entry within the boundaries of an
                eligible State; bears to
                    (B) the total number of incoming personal motor
                vehicles and incoming buses that pass through land
                border ports of entry within the boundaries of all
                eligible border States.
            (3) 25 percent in the ratio that--
                    (A) the total weight of incoming cargo by
                commercial trucks that pass through land border ports
                of entry within the boundaries of an eligible State;
                bears to
                    (B) the total weight of incoming cargo by
                commercial trucks that pass through land border ports
                of entry within the boundaries of all eligible border
                States.
            (4) 25 percent of the ratio that--
                    (A) the total number of land border ports of entry
                within the boundaries of an eligible State; bears to
                    (B) the total number of land border ports of entry
                within the boundaries of all eligible border States.

SEC. 7. DEFINITIONS.

    In this Act--
            (1) the term ``border region'' means any portion of a
        border State within 10 miles of an international land border
        with Canada or Mexico;
            (2) the term ``border State'' means any State that has an
        international land border with Canada or Mexico;
            (3) the term ``commercial truck'' means a commercial
        vehicle as defined in section 31301(4) (other than subparagraph
        (B)) of title 49, United States Code;
            (4) the term ``motor vehicle'' has the meaning such term
        has under Section 154(a)(2) of title 23, United States Code;
        and
            (5) the term ``State'' has the meaning such term has in
        section 101(a)(25) of title 23.

Output: Safe and Secure Border Infrastructure Act - Directs the Secretary of Transportation (DOT) to establish a safe and secure border infrastructure grant program, administered jointly by the Secretary and the Administrator of General Services (GSA), to construct transportation infrastructure improvements at existing and new international border crossings for the safe, secure, and efficient cross-border movement of motor vehicles, non-motor vehicles, cargo, and individuals, including pedestrians. Requires the Secretary to award grants to metropolitan planning organizations (MPOs) located along the international border with Canada and Mexico, giving priority to projects that accomplish one or more of the following: (1) improve the safety and security at U.S. facilities, including ports of entry; (2) facilitate safe, secure, and legal trade crossings of motor vehicles, non-motor vehicles, cargo, and individuals, including pedestrians, to alleviate border congestion and reduce the economic effect of border wait times and delays; (3) implement innovative technologies that enhance safety, security, or efficiency at the border; (4) coordinate projects that improve security and systems efficiencies at ports of entry; (5) facilitate economic development strategies with respect to safety and security; and (6) implement congestion relief and air quality management strategies to improve the environment. Specifies allocations of any funds appropriated to carry out this Act.