SECTION 1. SHORT TITLE.

     This Act may be cited as the ``Wireless Microphone Users
Interference Protection Act of 2013''.

SEC. 2. ELIGIBILITY FOR PART 74 LICENSES.

    Not later than 180 days after the date of enactment of this Act,
the Federal Communications Commission shall take such actions as are
necessary to expand eligibility for licenses under section 74.832 of
title 47, Code of Federal Regulations, to the owners of, and operators
of events and performances at, the following sites:
            (1) Amusement parks.
            (2) Arenas.
            (3) Convention centers.
            (4) Educational facilities.
            (5) Houses of worship.
            (6) Lodging facilities.
            (7) Museums.
            (8) Outdoor venues.
            (9) Recording studios.
            (10) Theaters.

SEC. 3. EXPANDING SCOPE OF SERVICE RULE.

    Not later than 180 days after the date of enactment of this Act,
the Federal Communications Commission shall expand the scope of service
and permissible transmissions currently set forth in section 74.831 of
title 47, Code of Federal Regulations, to include the use of wireless
microphones in rehearsals and live or recorded events and performances
by the persons and entities made eligible for licenses pursuant to
section 2 of this Act.

SEC. 4. SAFE HAVEN CHANNELS.

    The Federal Communications Commission shall establish 2 safe haven
channels for exclusive use by wireless microphone users that are each 6
MHz in the spectrum ranging from 470 MHz to 698 MHz, inclusive, other
than frequencies identified as guard bands and the mid-band gap between
the frequencies designated for uplink and downlink service in auctioned
600 MHz spectrum.

SEC. 5. ACCESS TO TV BANDS DATABASES.

    (a) Authorization.--The Federal Communications Commission shall
authorize the owners and operators of wireless microphones (and their
appointed technical representatives) to have access to the TV bands
databases described in subpart H of part 15 of title 47, Code of
Federal Regulations, for the purpose of protecting wireless microphone
operations from interference.
    (b) Registration Sites.--Sites that may be registered in the TV
bands databases as sites where wireless microphone operations shall be
protected pursuant to subsection (a) include the following:
            (1) Amusement parks.
            (2) Arenas.
            (3) Convention centers.
            (4) Educational facilities.
            (5) Houses of worship.
            (6) Lodging facilities.
            (7) Museums.
            (8) Outdoor venues.
            (9) Recording studios.
            (10) Restaurants.
            (11) Theaters.

SEC. 6. DEFINITIONS.

    For purposes of this Act, the following definitions apply:
            (1) Amusement park.--The term ``amusement park'' means a
        commercially operated park equipped with various recreational
        devices, entertainment, and typically booths for games and the
        sale of food and drink.
            (2) Arena.--The term ``arena'' means any building or
        structure primarily used for an athletic contest, sporting
        event, or musical performance, such as a stadium or racetrack.
            (3) Convention center.--The term ``convention center''
        means any civic building or group of buildings designed for
        events, such as conventions, industrial shows, and exhibitions,
        and which often includes an auditorium, a conference or meeting
        room, hotel accommodations, a restaurant, or other facilities.
            (4) Educational facility.--The term ``educational
        facility'' means any building, place, or institution where
        instruction to students is provided, including any daycare
        center, nursery school, public or private school, college or
        university, career or technical education school, or corporate
        training center.
            (5) House of worship.--The term ``house of worship'' means
        any building, place, or institution devoted to religious
        worship, including a church, synagogue, temple, mosque, or
        chapel.
            (6) Lodging facility.--The term ``lodging facility'' means
        any individual hotel, motel, or inn that makes accommodation
        available on a temporary basis for a charge.
            (7) Museum.--The term ``museum'' means a building, place,
        or institution devoted to the procurement, care, study, and
        display of works of art, scientific specimens, and other
        objects of lasting interest or value.
            (8) Outdoor venue.--The term ``outdoor venue'' means any
        outdoor place or area where a fair, concert, sporting event,
        circus, festival, exhibition, or civic ceremony or presentation
        is held, such as a fairground, golf course, or pavilion. Such
        term includes a place or area that is partially enclosed.
            (9) Recording studio.--The term ``recording studio'' means
        any facility used primarily for the commercial production or
        recording of live or prerecorded music, television, motion
        picture, or other kind of news, sports, entertainment,
        educational, or religious programming.
            (10) Restaurant.--The term ``restaurant'' means an
        establishment where meals may be purchased and consumed.
            (11) Theater.--The term ``theater'' means any place,
        building, enclosure, or structure with a seating capacity that
        is used for a dramatic performance, stage entertainment,
        musical performance, or motion picture show.
            (12) Wireless microphone.--The term ``wireless microphone''
        means a low power auxiliary station, as defined in subpart H of
        part 74 of title 47, Code of Federal Regulations, as of the
        date of enactment of this Act.

Summary: Wireless Microphone Users Interference Protection Act of 2013 - Directs the Federal Communications Commission (FCC) to expand eligibility for specified licenses authorizing the operation of low power auxiliary stations to the owners of, and operators of events and performances at: amusement parks, arenas, convention centers, educational facilities, houses of worship, lodging facilities, museums, outdoor venues, recording studios, and theaters. Requires the FCC to: (1) expand scope of service and permissible transmission regulations to include the use of wireless microphones in rehearsals and live or recorded events and performances by such licensees, and (2) establish two safe haven channels for exclusive use by wireless microphone users. Directs the FCC to authorize owners and operators of wireless microphones to have access to TV bands databases to protect wireless microphone operations from interference. Permits restaurants, as well as the persons and entities made eligible for licenses by this Act, to be registered in such databases as sites where wireless microphone operations shall be protected from interference.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Workplace Integrity Act''.

SEC. 2. LIMITATIONS RELATING TO THE USE OF OFFICIAL TIME BY FEDERAL
              EMPLOYEES.

    Section 7131 of title 5, United States Code, is amended to read as
follows:
``Sec. 7131. Official time
    ``(a) Except as otherwise provided in this section, an employee may
not be granted official time in connection with any matter covered by
this chapter.
    ``(b)(1) Subject to subsection (c), official time may be granted--
            ``(A) to an employee representing an exclusive
        representative, but only for a purpose allowable under
        paragraph (2); or
            ``(B) to an employee in a unit represented by an exclusive
        representative (in a circumstance not covered by subparagraph
        (A)), but only for a purpose allowable under paragraph (3).
    ``(2) Official time may not be granted under paragraph (1)(A) to
any employee, except--
            ``(A) to allow such employee--
                    ``(i) to present or process a grievance on behalf
                of an employee in a unit represented by the exclusive
                representative; or
                    ``(ii) to be present during a grievance proceeding
                involving an employee in a unit represented by the
                exclusive representative; or
            ``(B) in connection with any consultation or meeting with
        management officials officially requested or approved by the
        agency.
    ``(3) Official time may not be granted under paragraph (1)(B) to
any employee, except--
            ``(A) to allow such employee to present a grievance on the
        employee's own behalf under a negotiated grievance procedure;
        or
            ``(B) in connection with any consultation or meeting with
        management officials officially requested or approved by the
        agency.
    ``(c)(1) Official time under subsection (b) may be granted in any
amount that the agency and the exclusive representative involved agree
to be reasonable, necessary, and in the public interest, but only to
the extent that, with respect to any employee, it would not cause the
ratio of--
            ``(A) the total amount of official time granted to such
        employee under subsection (b) for use during any period
        (specified under paragraph (2)), over
            ``(B) the total amount of time such employee would
        otherwise normally be in duty status during that same period
        (determined as if no official time had been granted for use
        during such period),
to exceed 50 percent.
    ``(2) In order to carry out this subsection, the Authority shall by
regulation specify an appropriate period of time, which--
            ``(A) shall not exceed 12 months in duration; and
            ``(B) shall be uniformly applied by all agencies.
    ``(d) The Authority shall determine whether any employee
participating for, or on behalf of, a labor organization in any phase
of proceedings before the Authority shall be authorized official time
for such purpose during the time the employee otherwise would be in a
duty status.
    ``(e) Nothing in this section shall be considered to constitute
authority for any official time to be granted to an employee for
purposes of allowing such employee--
            ``(1) to represent an exclusive representative in the
        negotiation of a collective bargaining agreement under this
        chapter, including to attend an impasse proceeding; or
            ``(2) to engage in any activity relating to the internal
        business of a labor organization, including the solicitation of
        membership, elections of labor organization officials, and
        collection of dues.
Any activities described in paragraph (1) or (2) shall be performed
during the time the employee is in a non-duty status.
    ``(f)(1) The Office of Personnel Management shall submit to the
President and each House of the Congress, before March 1st of each
calendar year, a report on the use of official time under this section.
Each such report shall include, in the aggregate and by agency, with
respect to the fiscal year last ending before the start of such
calendar year--
            ``(A) the total number of employees to whom official time
        was granted under this section;
            ``(B) the total number of employee-hours of official time
        granted under this section; and
            ``(C) the total costs attributable to official time granted
        under this section.
    ``(2) Agencies shall submit to the Office such data as the Office
may by regulation require in connection with any report under this
subsection.''.

SEC. 3. EFFECTIVE DATE.

    This Act and the amendment made by this Act shall take effect as of
the first day of the first fiscal year beginning at least 6 months
after the date of the enactment of this Act, except that, whether or
not this Act is enacted earlier than 6 months before the first day of a
fiscal year--
            (1) reports shall be required, in accordance with the
        provisions of section 7131(f) of title 5, United States Code
        (as set forth in section 2), beginning with the report next due
        under such provisions before the March 1st next occurring at
        least 5 months after the date of the enactment of this Act; and
            (2) for purposes of any report under paragraph (1) covering
        a fiscal year preceding the first fiscal year covered by
        subsections (a) through (e) of section 7131 of such title 5 (as
        amended by this Act)--
                    (A) section 7131(f) of such title (as set forth in
                section 2) shall be treated as if in effect as of the
                date of the enactment of this Act; and
                    (B) any reference in such section 7131(f) to ``this
                section'' shall be treated as a reference to section
                7131 of such title, as in effect before the effective
                date of this Act.

Summary: Workplace Integrity Act - Amends Federal law to: (1) limit the amount of official time which may be used by Federal employees in connection with a grievance procedure. And (2) prohibit the use of official time by Federal employees in connection with the negotiation of a collective bargaining agreement. Directs the Office of Personnel Management (OPM) to submit to the President and each House of the Congress, before March 1 of each calendar year, a specified report on the use of official time under this Act. Requires that agencies shall submit to OPM such data as OPM may by regulation require in connection with any such report.

Workplace Integrity Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Date Certain Tax Code Replacement
Act''.

SEC. 2. PURPOSE.

    The purpose of this Act is to set a date certain for replacing the
Internal Revenue Code of 1986 with a simple and fair alternative.

SEC. 3. TERMINATION OF INTERNAL REVENUE CODE OF 1986.

    (a) In General.--No tax shall be imposed by the Internal Revenue
Code of 1986--
            (1) for any taxable year beginning after December 31, 2005;
        and
            (2) in the case of any tax not imposed on the basis of a
        taxable year, on any taxable event or for any period after
        December 31, 2005.
    (b) Exception.--Subsection (a) shall not apply to taxes imposed
by--
            (1) chapter 2 of such Code (relating to tax on self-
        employment income);
            (2) chapter 21 of such Code (relating to Federal Insurance
        Contributions Act); and
            (3) chapter 22 of such Code (relating to Railroad
        Retirement Tax Act).

SEC. 4. NATIONAL COMMISSION ON TAX REFORM AND
              SIMPLIFICATION.

    (a) Findings.--The Congress finds the following:
            (1) The Internal Revenue Code of 1986 is overly complex,
        imposes significant burdens on individuals and businesses and
        the economy, is extremely difficult for the Internal Revenue
        Service to administer, and is in need of fundamental reform and
        simplification.
            (2) Many of the problems encountered by taxpayers in
        dealing with the Internal Revenue Service could be eliminated
        or alleviated by fundamental reform and simplification.
            (3) The Federal Government's present fiscal outlook for
        continuing and sustained budget surpluses provides a unique
        opportunity for the Congress to consider measures for
        fundamental reform and simplification of the tax laws.
            (4) Recent efforts to simplify or reform the tax laws have
        not been successful due in part to the difficulty of developing
        broad-based, nonpartisan support for proposals to make such
        changes.
            (5) Many of the problems with the Internal Revenue Service
        stem from the overly complex tax code the agency is asked to
        administer.
    (b) Establishment.--
            (1) In general.--To carry out the purposes of this section,
        there is established within the legislative branch a National
        Commission on Tax Reform and Simplification (in this section
        referred to as the ``Commission'').
            (2) Composition.--The Commission shall be composed of 15
        members, as follows:
                    (A) Three members appointed by the President, two
                from the executive branch of the Government and one
                from private life.
                    (B) Four members appointed by the majority leader
                of the Senate, one from Members of the Senate and three
                from private life.
                    (C) Two members appointed by the minority leader of
                the Senate, one from Members of the Senate and one from
                private life.
                    (D) Four members appointed by the Speaker of the
                House of Representatives, one from Members of the House
                and three from private life.
                    (E) Two members appointed by the minority leader of
                the House of Representatives, one from Members of the
                House and one from private life.
            (3) Chair.--The Commission shall elect a Chair (or two Co-
        Chairs) from among its members.
            (4) Meetings, quorums, vacancies.--After its initial
        meeting, the Commission shall meet upon the call of the Chair
(Co-Chairs, if elected) or a majority of its members. Nine members of
the Commission shall constitute a quorum. Any vacancy in the Commission
shall not affect its powers, but shall be filled in the same manner in
which the original appointment was made. Any meeting of the Commission
or any subcommittee thereof may be held in executive session to the
extent that the Chair (Co-Chairs, if elected) or a majority of the
members of the Commission or subcommittee determine appropriate.
            (5) Continuation of membership.--If--
                    (A) any individual who appointed a member to the
                Commission by virtue of holding a position described in
                paragraph (2) ceases to hold such position before the
                report of the Commission is submitted under subsection
                (g); or
                    (B) a member was appointed to the Commission as a
                Member of Congress and the member ceases to be a Member
                of Congress, or was appointed to the Commission because
                the member was not an officer or employee of any
                government and later becomes an officer or employee of
                a government,
        that member may continue as a member for not longer than the
        30-day period beginning on the date that such individual ceases
        to hold such position or such member ceases to be a Member of
        Congress or becomes such an officer or employee, as the case
        may be.
            (6) Appointment; initial meeting.--
                    (A) Appointment.--It is the sense of the Congress
                that members of the Commission should be appointed not
                more than 60 days after the date of the enactment of
                this Act.
                    (B) Initial meeting.--If, after 60 days from the
                date of the enactment of this Act, eight or more
                members of the Commission have been appointed, members
                who have been appointed may meet and select the Chair
                (or Co-Chairs) who thereafter shall have the authority
                to begin the operations of the Commission, including
                the hiring of staff.
    (c) Functions of the Commission.--
            (1) In general.--The functions of the Commission shall be--
                    (A) to conduct, for a period of not to exceed 18
                months from the date of its first meeting, the review
                described in paragraph (2); and
                    (B) to submit to the Congress a report of the
                results of such review, including recommendations for
                fundamental reform and simplification of the Internal
                Revenue Code of 1986, as described in subsection (g).
            (2) Review.--The Commission shall review--
                    (A) the present structure and provisions of the
                Internal Revenue Code of 1986, especially with respect
                to--
                            (i) its impact on the economy (including
                        the impact on savings, capital formation and
                        capital investment);
                            (ii) its impact on families and the
                        workforce (including issues relating to
                        distribution of tax burden);
                            (iii) the compliance cost to taxpayers; and
                            (iv) the ability of the Internal Revenue
                        Service to administer such provisions;
                    (B) whether tax systems imposed under the laws of
                other countries could provide more efficient and fair
                methods of funding the revenue requirements of the
                government;
                    (C) whether the income tax should be replaced with
                a tax imposed in a different manner or on a different
                base; and
                    (D) whether the Internal Revenue Code of 1986 can
                be simplified, absent wholesale restructuring or
                replacement thereof.
    (d) Powers of the Commission.--
            (1) In general.--The Commission or, on the authorization of
        the Commission, any subcommittee or member thereof, may, for
        the purpose of carrying out the provisions of this section,
        hold such hearings and sit and act at such times and places,
        take such testimony, receive such evidence, and administer such
        oaths, as the Commission or such designated subcommittee or
        designated member may deem advisable.
            (2) Contracting.--The Commission may, to such extent and in
        such amounts as are provided in appropriation Acts, enter into
        contracts to enable the Commission to discharge its duties
        under this section.
            (3) Assistance from federal agencies and offices.--
                    (A) Information.--The Commission is authorized to
                secure directly from any executive department, bureau,
                agency, board, commission, office, independent
                establishment, or instrumentality of the Government, as
                well as from any committee or other office of the
                legislative branch, such information, suggestions,
                estimates, and statistics as it requires for the
                purposes of its review and report. Each such
                department, bureau, agency, board, commission, office,
                establishment, instrumentality, or committee shall, to
                the extent not prohibited by law, furnish such
                information, suggestions, estimates, and statistics
                directly to the Commission, upon request made by the
                Chair (Co-Chairs, if elected).
                    (B) Treasury department.--The Secretary of the
                Treasury is authorized on a nonreimbursable basis to
                provide the Commission with administrative services,
                funds, facilities, staff, and other support services
                for the performance of the Commission's functions.
                    (C) General services administration.--The
                Administrator of General Services shall provide to the
                Commission on a nonreimbursable basis such
                administrative support services as the Commission may
                request.
                    (D) Joint committee on taxation.--The staff of the
                Joint Committee on Taxation is authorized on a
                nonreimbursable basis to provide the Commission with
                such legal, economic, or policy analysis, including
                revenue estimates, as the Commission may request.
                    (E) Other assistance.--In addition to the
                assistance set forth in subparagraphs (A), (B), (C),
                and (D), departments and agencies of the United States
                are authorized to provide to the Commission such
                services, funds, facilities, staff, and other support
                services as they may deem advisable and as may be
                authorized by law.
            (4) Postal services.--The Commission may use the United
        States mails in the same manner and under the same conditions
        as departments and agencies of the United States.
            (5) Gifts.--The Commission may accept, use, and dispose of
        gifts or donations of services or property in carrying out its
        duties under this section.
    (e) Staff of the Commission.--
            (1) In general.--The Chair (Co-Chairs, if elected), in
        accordance with rules agreed upon by the Commission, may
        appoint and fix the compensation of a staff director and such
        other personnel as may be necessary to enable the Commission to
        carry out its functions without regard to the provisions of
        title 5, United States Code, governing appointments in the
        competitive service, and without regard to the provisions of
        chapter 51 and subchapter III or chapter 53 of such title
        relating to classification and General Schedule pay rates,
        except that no rate of pay fixed under this subsection may
        exceed the equivalent of that payable to a person occupying a
        position at level V of the Executive Schedule under section
        5316 of title 5, United States Code. Any Federal Government
        employee may be detailed to the Commission without
        reimbursement from the Commission, and such detailee shall
        retain the rights, status, and privileges of his or her regular
        employment without interruption.
            (2) Consultant services.--The Commission is authorized to
        procure the services of experts and consultants in accordance
        with section 3109 of title 5, United States Code, but at rates
        not to exceed the daily rate paid a person occupying a position
        at level IV of the Executive Schedule under section 5315 of
        title 5, United States Code.
    (f) Compensation and Travel Expenses.--
            (1) Compensation.--
                    (A) In general.--Except as provided in subparagraph
                (B), each member of the Commission may be compensated
                at not to exceed the daily equivalent of the annual
                rate of basic pay in effect for a position at level IV
                of the Executive Schedule under section 5315 of title
                5, United States Code, for each day during which that
                member is engaged in the actual performance of the
                duties of the Commission.
                    (B) Exception.--Members of the Commission who are
                officers or employees of the United States or Members
                of Congress shall receive no additional pay on account
                of their service on the Commission.
            (2) Travel expenses.--While away from their homes or
        regular places of business in the performance of services for
        the Commission, members of the Commission shall be allowed
        travel expenses, including per diem in lieu of subsistence, in
        the same manner as persons employed intermittently in the
        Government service are allowed expenses under section 5703(b)
        of title 5, United States Code.
    (g) Report of the Commission; Termination.--
            (1) Report.--Not later than 18 months after the date of the
        first meeting of the Commission, the Commission shall submit a
        report to the Committee on Ways and Means of the House of
        Representatives and the Committee on Finance of the Senate. The
        report of the Commission shall describe the results of its
        review (as described in subsection (c)(2)), shall make such
        recommendations for fundamental reform and simplification of
        the Internal Revenue Code of 1986 as the Commission considers
        appropriate, and shall describe the expected impact of such
        recommendations on the economy and progressivity and general
        administrability of the tax laws.
            (2) Termination.--
                    (A) In general.--The Commission, and all the
                authorities of this section, shall terminate on the
                date which is 90 days after the date on which the
                report is required to be submitted under paragraph (1).
                    (B) Concluding activities.--The Commission may use
                the 90-day period referred to in subparagraph (A) for
                the purposes of concluding its activities, including
                providing testimony to committees of Congress
                concerning its report and disseminating that report.
    (h) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary for the activities of the
Commission. Until such time as funds are specifically appropriated for
such activities, $2,000,000 shall be available from fiscal year 2002
funds appropriated to the Treasury Department, ``Departmental Offices''
account, for the activities of the Commission, to remain available
until expended.

SEC. 5. TIMING OF IMPLEMENTATION.

    In order to ensure an easy transition and effective implementation,
the Congress hereby declares that any new Federal tax system shall be
approved by Congress in its final form no later than July 4, 2005. If a
new Federal tax system is not so approved by July 4, 2005, then
Congress shall be required to vote to reauthorize the Internal Revenue
Code of 1986.

Summary: Date Certain Tax Code Replacement Act - Prohibits the imposition of any tax by the Internal Revenue Code: (1) for any taxable year beginning after December 31, 2005. And (2) in the case of any tax not imposed on the basis of a taxable year, on any taxable event or for any period after December 31, 2005. Excepts the: (1) tax on self-employment income, (2) Federal Insurance Contributions Act. And (3) Railroad Retirement Tax Act . Establishes the National Commission on Tax Reform and Simplification to review: (1) the present structure and provisions of the Code. (2) whether the tax systems of other countries could provide more efficient and fair methods of funding government revenue requirements. (3) whether the income tax should be replaced with a tax imposed in a different manner or on a different base. And (4) whether the Code can be simplified, absent wholesale restructuring or replacement. Requires a Commission report to Congress on review results, with recommendations for Code reform and simplification. Terminates the Commission 90 days after such report. Authorizes appropriations . Declares that any new Federal tax system should be approved by Congress in its final form before July 4, 2005, and, if not, Congress should be required to vote to reauthorize the Code.

To terminate the Internal Revenue Code of 1986.


SECTION 1. HOV FACILITIES.

    (a) In General.--Section 166 of title 23, United States Code, is
amended to read as follows:
``Sec. 166. HOV facilities
    ``(a) Definitions.--In this section, the following definitions
apply:
            ``(1) Alternative fuel vehicle.--The term `alternative fuel
        vehicle' means a dedicated vehicle that is operating solely
        on--
                    ``(A) methanol, denatured ethanol, or other
                alcohols;
                    ``(B) a mixture containing at least 85 percent of
                methanol, denatured ethanol, and other alcohols by
                volume with gasoline or other fuels;
                    ``(C) natural gas;
                    ``(D) liquefied petroleum gas;
                    ``(E) hydrogen;
                    ``(F) fuels (except alcohol) derived from
                biological materials;
                    ``(G) electricity (including electricity from solar
                energy); or
                    ``(H) any other fuel that the Secretary prescribes
                by regulation that is not substantially petroleum and
                that would yield substantial energy security and
                environmental benefits, including fuels regulated under
                section 490 of title 10, Code of Federal Regulations
                (or successor regulations).
            ``(2) HOV facility.--The term `HOV facility' means a high
        occupancy vehicle facility.
            ``(3) Public transportation vehicle.--The term `public
        transportation vehicle' means a vehicle that--
                    ``(A) provides designated public transportation (as
                defined in section 221 of the Americans with
                Disabilities Act of 1990 (42 U.S.C. 12141)) or provides
                public school transportation (to and from public or
                private primary, secondary, or tertiary schools); and
                    ``(B)(i) is owned or operated by a public entity;
                    ``(ii) is operated under a contract with a public
                entity; or
                    ``(iii) is operated pursuant to a license by the
                Secretary or a State agency to provide motorbus or
                school vehicle transportation services to the public.
            ``(4) State agency.--
                    ``(A) In general.--The term `State agency', as used
                with respect to a HOV facility, means an agency of a
                State or local government having jurisdiction over the
                operation of the facility.
                    ``(B) Inclusion.--The term `State agency' includes
                a State transportation department.
    ``(b) State Requirements.--
            ``(1) Authority of state agencies.--A State agency that has
        jurisdiction over the operation of a HOV facility shall
        establish the occupancy requirements of vehicles operating on
        the facility.
            ``(2) Occupancy requirement.--Except as otherwise provided
        by this section, no fewer than 2 occupants per vehicle may be
        required for use of a HOV facility.
    ``(c) Exceptions.--
            ``(1) In general.--Notwithstanding the occupancy
        requirement of subsection (b)(2), the exceptions in paragraphs
        (2) through (5) shall apply with respect to a State agency
        operating a HOV facility.
            ``(2) Motorcycles and bicycles.--
                    ``(A) In general.--Subject to subparagraph (B), the
                State agency shall allow motorcycles and bicycles to
                use the HOV facility.
                    ``(B) Safety exception.--
                            ``(i) In general.--A State agency may
                        restrict use of the HOV facility by motorcycles
                        or bicycles (or both) if the agency certifies
                        to the Secretary that such use would create a
                        safety hazard and the Secretary accepts the
                        certification.
                            ``(ii) Acceptance of certification.--The
                        Secretary may accept a certification under this
                        subparagraph only after the Secretary publishes
                        notice of the certification in the Federal
                        Register and provides an opportunity for public
                        comment.
            ``(3) Public transportation vehicles.--The State agency may
        allow public transportation vehicles to use the HOV facility if
        the agency establishes--
                    ``(A) requirements for clearly identifying the
                vehicles; and
                    ``(B) procedures for enforcing the restrictions on
                the use of the facility by the vehicles.
            ``(4) High occupancy toll vehicles.--The State agency may
        allow vehicles not otherwise exempt pursuant to this subsection
        to use the HOV facility if the operators of the vehicles pay a
        toll charged by the agency for use of the facility and the
        agency--
                    ``(A) establishes a program that addresses how
                motorists can enroll and participate in the toll
                program;
                    ``(B) develops, manages, and maintains a system
                that will automatically collect the toll; and
                    ``(C) establishes policies and procedures--
                            ``(i) to manage the demand to use the
                        facility by varying the toll amount that is
                        charged; and
                            ``(ii) to enforce violations of use of the
                        facility.
            ``(5) Alternative fuel vehicles and new qualified plug-in
        electric drive motor vehicles.--
                    ``(A) Use of hov facilities.--For a period
                beginning not later than 1 year after the date of
                enactment of this section and ending on September 30,
                2017, the State agency--
                            ``(i) may allow alternative fuel vehicles
                        and new qualified plug-in electric drive motor
                        vehicles (as defined in section 30D(d)(1) of
                        the Internal Revenue Code of 1986), to use HOV
                        facilities in the State; and
                            ``(ii) shall establish procedures for use
                        in enforcing the restrictions on that use of
                        HOV facilities by those vehicles.
                    ``(B) Existing programs and procedures.--The State
                agency shall--
                            ``(i) not later than 1 year after the date
                        of enactment of this section, develop and
                        publish in the Federal Register a plan for use
                        in--
                                    ``(I) revising the HOV facility
                                programs and procedures of the State
                                agency to ensure that those programs
                                and procedures are in compliance with
                                this section; and
                                    ``(II) notifying the public of any
                                upcoming changes in vehicle eligibility
                                for HOV facility usage; and
                            ``(ii) not later than 3 years after the
                        date of enactment of this section, update HOV
                        facility programs and procedures in accordance
                        with the plan described in clause (i).
    ``(d) Requirements Applicable to Tolls.--
            ``(1) In general.--Notwithstanding sections 129 and 301,
        and except as provided in paragraph (2), tolls may be charged
        under subsection (c)(4).
            ``(2) Excess toll revenues.--If a State agency makes a
        certification under section 129(a)(3) with respect to toll
        revenues collected under subsection (c)(4), the State, in the
        use of toll revenues under subsection (c)(4), shall give
        priority consideration to projects for developing alternatives
        to single occupancy vehicle travel and projects for improving
        highway safety.
    ``(e) HOV Facility Management, Operation, Monitoring, and
Enforcement.--
            ``(1) In general.--A State agency that allows vehicles to
        use a HOV facility under paragraph (4) or (5) of subsection (c)
        shall submit to the Secretary a report demonstrating that the
        facility is not already degraded, and that the presence of the
        vehicles will not cause the facility to become degraded, and
        certify that the agency will carry out the following
        responsibilities with respect to the facility:
                    ``(A) Establishing, managing, and supporting a
                performance monitoring, evaluation, and reporting
                program for the HOV facility that provides for
                continuous monitoring, assessment, and reporting on the
                impacts that the vehicles may have on the operation of
                the facility and adjacent highways and submitting to
                the Secretary annual reports of those impacts.
                    ``(B) Establishing, managing, and supporting an
                enforcement program that ensures that the HOV facility
                is being operated in accordance with this section.
                    ``(C) Limiting or discontinuing the use of the HOV
                facility by the vehicles, whenever the operation of the
                facility is degraded, that requires such a limitation
                or discontinuation of use to apply first to vehicles
                using the HOV facility under subsection (c)(4) before
                applying to vehicles using the HOV facility under
                subsection (c)(5).
            ``(2) Maintenance of operating performance.--A facility
        that has become degraded shall be brought back into compliance
        with the minimum average operating speed performance standard
        by not later than 180 days after the date on which the
        degradation is identified through changes to operation,
        including the following:
                    ``(A) Increase the occupancy requirement for HOVs.
                    ``(B) Increase the toll charged for vehicles
                allowed under subsection (b) to reduce demand.
                    ``(C) Charge tolls to any class of vehicle allowed
                under subsection (b) that is not already subject to a
                toll.
                    ``(D) Limit or discontinue allowing vehicles under
                subsection (b).
                    ``(E) Increase the available capacity of the HOV
                facility.
            ``(3) Compliance.--If the State fails to bring a facility
        into compliance under paragraph (2), the Secretary shall
        subject the State to appropriate program sanctions under
        section 1.36 of title 23, Code of Federal Regulations (or
        successor regulations), until the performance is no longer
        degraded.
            ``(4) Degraded facility.--
                    ``(A) Definition of minimum average operating
                speed.--In this paragraph, the term `minimum average
                operating speed' means less than 65 percent of the HOV
                facility rated speed limit.
                    ``(B) Standard for determining degraded facility.--
                For purposes of paragraph (1), the operation of a HOV
                facility shall be considered to be degraded if vehicles
                operating on the HOV facility are failing to maintain a
                minimum average operating speed 65 percent of the time
                over a consecutive 180-day period during morning or
                evening weekday peak hour periods (or both).''.
    (b) Sense of Congress.--It is the sense of Congress that the
Secretary and the States should provide additional incentives
(including the use of high occupancy vehicle lanes on State highways
and routes on the Interstate System) for the purchase and use of
advanced technology and dedicated alternative fuel vehicles, which have
been proven to minimize air emissions and decrease consumption of
fossil fuels.

Summary: Revises state agency authority with respect to operation of high occupancy vehicle (HOV) facilities. Replaces the exception from general HOV restrictions for low emission and energy-efficient vehicles with one for alternative fuel vehicles and new qualified plug-in electric drive motor vehicles. Authorizes a state agency with jurisdiction over the operation of an HOV facility to permit alternative fuel vehicles and new qualified plug-in electric drive motor vehicles to use HOV lane highways. Requires states to establish procedures for enforcing restrictions on such vehicles operating on HOV lane highways. Requires a state agency which collects tolls on HOV facilities for their use by vehicles not otherwise exempted from HOV restrictions to use excess toll revenues for certain highway projects, giving priority consideration to those for developing alternatives to single occupancy vehicle travel and projects for improving highway safety. Expresses the sense of Congress that the Secretary of Transportation and states should provide additional incentives for the purchase and use of advanced technology and dedicated alternative fuel vehicles.

A bill to improve provisions of title 23, United States Code relating to the use of HOV facilities.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Strong Forests Grow Strong
Communities Act of 2014''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Annual volume requirement.--
                    (A) In general.--The term ``annual volume
                requirement'', with respect to a unit of the National
                Forest System, means a volume of national forest
                materials no less than 50 percent of the sustained
                yield of the unit.
                    (B) Exclusions.--In determining the volume of
                national forest materials or the sustained yield of a
                Forest Reserve Revenue Area, the Secretary may not
                include non-commercial post and pole sales and personal
                use firewood.
            (2) Appropriate congressional committees.--The term
        ``appropriate congressional committees'' means--
                    (A) the Committee on Agriculture and the Committee
                on Natural Resources of the House of Representatives;
                and
                    (B) the Committee on Agriculture, Nutrition, and
                Forestry and the Committee on Energy and Natural
                Resources of the Senate.
            (3) National forest materials.--The term ``national forest
        materials'' has the meaning given that term in section 14(e)(1)
        of the National Forest Management Act of 1976 (16 U.S.C.
        472a(e)(1)).
            (4) National forest system.--The term ``National Forest
        System'' has the meaning given that term in section 11(a) of
        the Forest and Rangeland Renewable Resources Planning Act of
        1974 (16 U.S.C. 1609(a)), except that the term does not include
        the National Grasslands and land utilization projects
        designated as National Grasslands administered pursuant to the
        Act of July 22, 1937 (7 U.S.C. 1010-1012).
            (5) Secretary.--The term ``Secretary'' means the Secretary
        of Agriculture.
            (6) Sustained yield.--The term ``sustained yield'' means
        the maximum annual growth potential of the forest calculated on
        the basis of the culmination of mean annual increment using
        cubic measurement.
            (7) State.--The term ``State'' includes the Commonwealth of
        Puerto Rico.

SEC. 3. ANNUAL VOLUME REQUIREMENT.

    (a) Publication.--Not later than 30 days after the date of the
enactment of this Act, the Secretary shall publish in the Federal
Register, make available on the website of the Forest Service, and
submit to the appropriate congressional committees the annual volume
requirement for each unit of the National Forest System.
    (b) Revision.--Upon publication of the annual volume requirement
for a unit of the National Forest System under subsection (a), the
Secretary may not reduce the annual volume requirement for that unit
without the consent of Congress in a law enacted after the date of the
enactment of this Act.

SEC. 4. MANAGEMENT OF NATIONAL FOREST SYSTEM LANDS TO SATISFY ANNUAL
              VOLUME REQUIREMENTS.

    (a) Requirement To Achieve Annual Volume Requirement.--The
Secretary shall manage the sale of national forest materials in each
unit of the National Forest System in the manner necessary so that the
annual volume requirement for that unit is met each calendar year.
    (b) Application of Land and Resource Management Plan.--The
Secretary may modify the standards and guidelines contained in the land
and resource management plan for a unit of the National Forest System
as necessary so as to meet the annual volume requirement for that unit.
    (c) Compliance With Endangered Species Act.--
            (1) Non-jeopardy assessment.--If the Secretary determines
        that a sale of national forest materials may affect the
        continued existence of any species listed as endangered or
        threatened under section 4 of the Endangered Species Act of
        1973 (16 U.S.C. 1533), the Secretary shall issue a
        determination explaining the view of the Secretary that the
        proposed sale is not likely to jeopardize the continued
        existence of the species.
            (2) Submission, review, and response.--
                    (A) Submission.--The Secretary shall submit a
                determination issued by the Secretary under paragraph
                (1) to the Secretary of the Interior or the Secretary
                of Commerce, as appropriate.
                    (B) Review and response.--Within 30 days after
                receiving a determination under subparagraph (A), the
                Secretary of the Interior or the Secretary of Commerce,
                as appropriate, shall provide a written response to the
                Secretary concurring in or rejecting the Secretary's
                determination. If the Secretary of the Interior or the
                Secretary of Commerce rejects the determination, the
                written response shall include recommendations for
                measures that--
                            (i) will avoid the likelihood of jeopardy
                        to an endangered or threatened species;
                            (ii) can be implemented in a manner
                        consistent with the intended purpose of the
                        sale;
                            (iii) can be implemented consistent with
                        the scope of the Secretary's legal authority
                        and jurisdiction; and
                            (iv) are economically and technologically
                        feasible.
            (3) Formal consultation.--If the Secretary of the Interior
        or the Secretary of Commerce rejects a determination issued by
        the Secretary under paragraph (1), the Secretary of the
        Interior or the Secretary of Commerce also is required to
        engage in formal consultation with the Secretary. The
        Secretaries shall complete such consultation pursuant to
        section 7 of the Endangered Species Act of 1973 (16 U.S.C.
        1536) within 90 days after the submission of the written
        response under paragraph (2).

SEC. 5. STATE MANAGEMENT OF NATIONAL FOREST SYSTEM LANDS WHEN ANNUAL
              VOLUME REQUIREMENTS ARE NOT MET.

    (a) Request by State To Manage Unit.--
            (1) Submission of request; when authorized.--If the
        Secretary fails to meet the annual volume requirement for a
        unit of the National Forest System for five calendar years,
        whether consecutively or over a longer than five-year period,
        the State in which the unit is located may submit to the
        Secretary a request to enter into a cooperative agreement with
        the Secretary for purposes of managing the unit.
            (2) Role of political subdivisions.--A State that
        undertakes the management of a unit of the National Forest
        System under this section may conduct such management directly,
        through an agreement with a political subdivision of the State
        in which National Forest System lands of that unit are located,
        or through contracts with third parties.
            (3) Treatment of units located in multiple states.--If a
        unit of the National Forest System is located in more than one
        State, a State's request under paragraph (1) shall cover only
        those National Forest System lands of that unit located in that
        State.
    (b) Approval of Request.--Not later than 90 days after the date on
which the Secretary receives the request under subsection (a), the
Secretary shall approve the request and enter into the cooperative
agreement unless the Secretary determines that--
            (1) the State has failed to demonstrate that it has
        sufficient funds to manage the unit of the National Forest
        System for the production of national forest materials;
            (2) the request is incomplete; or
            (3) the proposed cooperative agreement submitted with the
        request fails to address all of the items specified in
        subsection (f).
    (c) Opportunity To Amend Request.--
            (1) Notice of denial.--If the Secretary denies a request
        received under subsection (a) on the basis of one or more of
        the reasons authorized by subsection (b), the Secretary shall
        provide the State with a clear and comprehensive statement of--
                    (A) the reasons why the request was denied; and
                    (B) any deficiencies in the request or the related
                proposed cooperative agreement.
            (2) Resubmission.--After receiving a notice from the
        Secretary under paragraph (1), a State may amend and resubmit
        the denied request.
    (d) Request and Cooperative Agreement Deemed Approved.--If the
Secretary does not approve or deny a request submitted under subsection
(a) or (c)(2) within the 90 days after receiving the request, the
request and the proposed cooperative agreement submitted with the
request shall be deemed approved.
    (e) Request Contents.--A request submitted under subsection (a)
shall include--
            (1) a letter signed by the Governor of the State addressed
        to the Secretary that identifies the unit of the National
        Forest System that the State will manage for the production of
        national forest materials;
            (2) the proposed cooperative agreement for State management
        of the unit;
            (3) the proposed role of political subdivisions of the
        State in the management of National Forest System lands of the
        unit located within the political subdivisions; and
            (4) documentation that demonstrates the ability of the
        State to provide sufficient funds to manage the unit for the
        duration of the cooperative agreement.
    (f) Elements of Cooperative Agreement.--The cooperative agreement
entered into by the Secretary and the Governor of a State for the
management of a unit of the National Forest System shall address the
following:
            (1) The State's management of the unit after the effective
        date of the transfer of management to the State for a specified
        term of years.
            (2) A cost-sharing agreement under which the State will
        provide a certain amount (equal to not less than 50 percent),
        in cash or in-kind, of the total amount required for the
        management of the unit.
            (3) The amount to be contributed by the State shall be
        determined by the Governor of the State and the Secretary, only
        after the Secretary submits to the State a categorical
        assessment of all costs, in the recent past and anticipated
        during the duration of the cooperative agreement, of managing
        the unit, including employee salary data.
            (4) In the event of a natural disaster, as categorized by
        the Federal Emergency Management Agency, the State shall assume
        authority over recovery initiatives (nullifying any existing
        established Federal response protocol) so that--
                    (A) the cost of damages to any structure on the
                unit be shared by both State and Federal entities at a
                ratio in accordance to the cost-sharing agreement; and
                    (B) the cost and administration of repair of
                damages resulting from natural disasters, not including
                structures referred to in subparagraph (A), shall be
                assumed by the State rather than the Federal
                Government.
            (5) All revenue accrued from fees, royalties, and other
        revenues related to the unit shall be distributed to the State
        and Federal entities in accordance to the percentages dictated
        by the cost-sharing agreement and shall be used so that the
        percentage of funds designated to the Federal entity shall be
        made available to the Secretary for use at the sole discretion
        of the Secretary.
            (6) The procedures to be followed for purposes of the
        transition from Federal to State management of the unit,
        including--
                    (A) a guarantee that all Federal employees managing
                the unit may remain employed without infringement upon
                their existing conditions of employment;
                    (B) a guarantee that the State may use its
                percentage of the amounts required for the management
                of the unit to hire additional staff whose terms of
                employment shall be decided by the State; and
                    (C) authority over the unit shall be directed by
                the State and a State-appointed manager, but the
                implementation of its directives may include the
                existing Federal superintendent concerned and performed
                in conjunction with State employees.
            (7) The transfer to the State of any special use permits
        issued to the Secretary with respect to the unit.
            (8) A provision stating that lands currently open to
        mineral entry under the Act of May 10, 1872 (commonly referred
        to as the General Mining Act of 1872; 30 U.S.C. 22 et seq.),
        shall remain open to mineral entry under State law unless
        subsequently changed by a State mineral closing order.
    (g) Applicability of State Law on Qualifying Federal Lands Under
Cooperative Agreement.--State environmental, wildlife, and land
management laws shall supercede Federal environmental, wildlife, and
land management laws on a unit of the National Forest System managed by
a State under a cooperative agreement in place under this section.
    (h) Ownership.--Notwithstanding State management of a unit of the
National Forest System under a cooperative agreement entered into under
this section, the United States shall retain all right, title, and
interest in and to the National Forest System lands within the unit.
    (i) Termination of Cooperative Agreement.--A cooperative agreement
applicable under this section shall terminate, at the discretion of the
Secretary, under the following circumstances:
            (1) The State defaults on a payment, thereby requiring
        Federal entities to assume responsibility for the financial
        liabilities.
            (2) The State is in substantial breach of the cooperative
        agreement as determined by a court of the United States.
            (3) The cooperative agreement terminates under a term
        contained in that agreement.

SEC. 6. ANNUAL REPORT.

    (a) Report Required.--Not later than 60 days after the end of each
calendar year, the Secretary shall submit to the appropriate
congressional committees an annual report specifying--
            (1) the annual volume requirement in effect for that
        calendar year for each unit of the National Forest System;
            (2) the units that did not meet the annual volume
        requirement;
            (3) the units under State management pursuant to section 5;
            (4) the volume of board feet actually harvested for each
        unit;
            (5) the average cost of preparation for sales of national
        forest materials; and
            (6) the revenues generated from such sales.
    (b) Form of Report.--In addition to submitting each report to
Congress, the Secretary shall also make the report available on the
website of the Forest Service.

Summary: Strong Forests Grow Strong Communities Act of 2014 - Directs the Secretary of Agriculture (USDA) to publish in the Federal Register and make available on the Forest Service website, the annual volume requirement for each unit of the National Forest System (NFS). Defines the quot, annual volume requirementquot. For an NFS unit as a volume of national forest materials that is at least 50 of the unit's sustained yield. Prohibits the Secretary from reducing the annual volume requirement for a unit without the consent of a new Act of Congress. Requires the Secretary to manage the sale of national forest materials in each NFS unit in the manner necessary so that the annual volume requirement for that unit is met each calendar year. Directs the Secretary, if a sale of national forest materials may affect the continued existence of any endangered or threatened species, to issue a determination explaining the view that the proposed sale is not likely to jeopardize the continued existence of that species. Authorizes the state in which an NFS unit is located, if the Secretary fails to meet the annual volume requirement for that unit for five calendar years, whether consecutively or over a longer than five-year period, to request a cooperative agreement with the Secretary for purposes of managing the unit. Permits a state that undertakes the management of an NFS unit to conduct the management directly, through an agreement with a political subdivision of the state, or through contracts with third parties. Limits a state's request to only those NFS lands of a unit located in the state if the unit covers more than one state. Declares that state environmental, wildlife, and land management laws shall supercede federal environmental, wildlife, and management laws on an NSF unit managed by a state under a cooperative agreement in place pursuant to this Act.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Flat Alternative Individual Return
Tax Act of 1997''.

SEC. 2. FLAT ALTERNATIVE INDIVIDUAL RETURN TAX.

    (a) In General.--Part I of subchapter A of chapter 1 of the
Internal Revenue Code of 1986 (relating to tax on individuals) is
amended by redesignating section 5 as section 6 and by inserting after
section 4 the following new section:

``SEC. 5. FLAT ALTERNATIVE INDIVIDUAL RETURN TAX.

    ``(a) Election.--In lieu of the tax imposed by sections 1 and 55,
an individual may elect to be subject to the tax imposed by this
section.
    ``(b) FAIR Tax Imposed.--In the case of an individual making an
election under subsection (a), there is hereby imposed on the FAIR
taxable income of such individual a tax equal to 20 percent of such
FAIR taxable income.
    ``(c) FAIR Taxable Income.--For purposes of this section, the term
`FAIR taxable income' means the excess of--
            ``(1) gross income minus the deductions specified by
        paragraph (1) of section 62(a), over
            ``(2) the FAIR standard deduction.
    ``(d) FAIR Standard Deduction.--
            ``(1) In general.--For purposes of this section, the term
        `FAIR standard deduction' means the sum of--
                    ``(A) the basic standard deduction, plus
                    ``(B) the additional standard deduction.
            ``(2) Basic standard deduction.--For purposes of paragraph
        (1), the basic standard deduction is--
                    ``(A) $21,400 in the case of--
                            ``(i) a joint return, or
                            ``(ii) a surviving spouse (as defined in
                        section 2(a)),
                    ``(B) $14,000 in the case of a head of household
                (as defined in section 2(b)), and
                    ``(C) $10,700 in the case of an individual--
                            ``(i) who is not married and who is not a
                        surviving spouse or head of household, or
                            ``(ii) who is a married individual filing a
                        separate return.
            ``(3) Additional standard deduction.--For purposes of
        paragraph (1), the additional standard deduction is $5,000 for
        each dependent (as defined in section 152) who is described in
        section 151(c)(1) for the taxable year and who is not required
        to file a return for such taxable year.
    ``(e) Income of Certain Children.--For purposes of this section--
            ``(1) an individual's taxable income shall include the
        taxable income of each dependent child of such individual who
        has not attained age 14 as of the close of such taxable year,
        and
            ``(2) such dependent child shall have no liability for tax
        imposed by this section with respect to such income and shall
        not be required to file a return for such taxable year.
    ``(f) Inflation Adjustment.--
            ``(1) In general.--In the case of any taxable year
        beginning in a calendar year after 1998, each dollar amount
        contained in subsection (d) shall be increased by an amount
        determined by the Secretary to be equal to--
                    ``(A) such dollar amount, multiplied by
                    ``(B) the cost-of-living adjustment for such
                calendar year.
            ``(2) Cost-of-living adjustment.--For purposes of paragraph
        (1), the cost-of-living adjustment for any calendar year is the
        percentage (if any) by which--
                    ``(A) the CPI for the preceding calendar year,
                exceeds
                    ``(B) the CPI for the calendar year 1997.
            ``(3) CPI for any calendar year.--For purposes of paragraph
        (2), the CPI for any calendar year is the average of the
        Consumer Price Index as of the close of the 12-month period
        ending on August 31 of such calendar year.
            ``(4) Consumer price index.--For purposes of paragraph (3),
        the term `Consumer Price Index' means the last Consumer Price
        Index for all-urban consumers published by the Department of
        Labor. For purposes of the preceding sentence, the revision of
        the Consumer Price Index which is most consistent with the
        Consumer Price Index for calendar year 1986 shall be used.
            ``(5) Rounding.--If any increase determined under paragraph
        (1) is not a multiple of $10, such increase shall be rounded to
        the next highest multiple of $10.
    ``(g) Married Couple Must File Joint Return.--
            ``(1) In general.--Except in the case of a husband and wife
        who live apart at all times during the taxable year, if the
        taxpayer is married at the close of the taxable year, an
        election under subsection (a) shall be made only if the
        taxpayer and his spouse file a joint return for the taxable
        year.
            ``(2) Marital status.--For purposes of this section,
        marital status shall be determined under section 7703.''
    (b) Conforming Amendment.--The table of sections for part I of
subchapter A of chapter 1 of such Code is amended by striking the item
relating to section 5 and inserting after the item relating to section
4 the following new items:

                              ``Sec. 5. Flat alternative individual
                                        return tax.
                              ``Sec. 6. Cross references relating to
                                        tax on individuals.''
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1997.

SEC. 3. SUPERMAJORITY REQUIRED.

    (a) In General.--It shall not be in order in the House of
Representatives or the Senate to consider any bill, joint resolution,
amendment thereto, or conference report thereon that includes any
provision that--
            (1) increases the FAIR tax rate (as specified in subsection
        (b) of section 5 of the Internal Revenue Code of 1986, as added
        by this Act),
            (2) creates any additional FAIR income tax rate (related to
        the alternative tax imposed by such section 5), or
            (3) reduces the FAIR standard deduction (as defined in
        subsection (d) of such section 5).
    (b) Waiver or Suspension.--This section may be waived or suspended
in the House of Representatives or the Senate only by the affirmative
vote of three-fifths of the Members, duly chosen and sworn.

Summary: Flat Alternative Individual Return Tax Act of 1997 - Amends the Internal Revenue Code to allow an individual to pay, instead of the tax otherwise due under the Code, a tax equal to 20 percent of FAIR taxable income. Defines such income as gross income minus specified deductions over the FAIR standard deduction. Defines such deduction.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Family and Medical Leave Enhancement
Act of 2009''.

SEC. 2. ELIGIBLE EMPLOYEE.

    Section 101(2)(B)(ii) of the Family and Medical Leave Act of 1993
(29 U.S.C. 2611(2)(B)(ii)) is amended by striking ``less than 50'' each
place it appears and inserting ``fewer than 25''.

SEC. 3. ENTITLEMENT TO ADDITIONAL LEAVE UNDER THE FMLA FOR PARENTAL
              INVOLVEMENT AND FAMILY WELLNESS.

    (a) Leave Requirement.--Section 102(a) of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2612(a)) is amended by adding at the end
the following new paragraph:
            ``(5) Entitlement to additional leave for parental
        involvement and family wellness.--
                    ``(A) In general.--Subject to subparagraph (B) and
                section 103(g), an eligible employee shall be entitled
                to leave under this paragraph to--
                            ``(i) participate in or attend an activity
                        that is sponsored by a school or community
                        organization and relates to a program of the
                        school or organization that is attended by a
                        son or daughter or a grandchild of the
                        employee; or
                            ``(ii) meet routine family medical care
                        needs, including for medical and dental
                        appointments of the employee or a son,
                        daughter, spouse, or grandchild of the
                        employee, or to attend to the care needs of
                        elderly individuals who are related to the
                        eligible employee, including visits to nursing
                        homes and group homes.
                    ``(B) Limitations.--
                            ``(i) In general.--An eligible employee is
                        entitled to--
                                    ``(I) not to exceed 4 hours of
                                leave under this paragraph during any
                                30-day period; and
                                    ``(II) not to exceed 24 hours of
                                leave under this paragraph during any
                                12-month period.
                            ``(ii) Coordination rule.--Leave under this
                        paragraph shall be in addition to any leave
                        provided under any other paragraph of this
                        subsection.
                    ``(C) Definitions.--As used in this paragraph:
                            ``(i) School.--The term `school' means an
                        elementary school or secondary school (as such
                        terms are defined in section 9101 of the
                        Elementary and Secondary Education Act of 1965
                        (20 U.S.C. 7801)), a Head Start program
                        assisted under the Head Start Act (42 U.S.C.
                        9831 et seq.), or a child care facility.
                            ``(ii) Community organization.--The term
                        `community organization' means a private
                        nonprofit organization that is representative
                        of a community or a significant segment of a
                        community and provides activities for
                        individuals described in subparagraph (A) or
                        (B) of section 101(12), such as a scouting or
                        sports organization.''.
    (b) Schedule.--Section 102(b)(1) of such Act (29 U.S.C. 2612(b)(1))
is amended by inserting after the third sentence the following new
sentence: ``Leave under subsection (a)(5) may be taken intermittently
or on a reduced leave schedule.''.
    (c) Substitution of Paid Leave.--Section 102(d)(2) of such Act (29
U.S.C. 2612(d)(2)) is amended by adding at the end the following new
subparagraph:
                    ``(C) Parental involvement leave and family
                wellness leave.--An eligible employee may elect, or an
                employer may require the employee, to substitute any of
                the accrued paid vacation leave, personal leave, or
                family leave of the employee for any leave under
                subsection (a)(5). In addition, an eligible employee
                may elect, or an employer may require the employee, to
                substitute any of the accrued paid medical or sick
                leave of the employee for leave provided under clause
                (ii) of subsection (a)(5)(A) for any part of the leave
                under such clause, except that nothing in this title
                shall require an employer to provide paid sick leave or
                paid medical leave in any situation in which such
                employer would not normally provide any such paid
                leave. If the employee elects or the employer requires
                the substitution of accrued paid leave for leave
                provided under subsection (a)(5)(A), the employer shall
                not restrict or limit this substitution or impose any
                additional terms and conditions on such leave that are
                more stringent on the employee than the terms and
                conditions set forth in this Act.''.
    (d) Notice.--Section 102(e) of such Act (29 U.S.C. 2612(e)) is
amended by adding at the end the following new paragraph:
            ``(4) Notice relating to parental involvement and family
        wellness leave.--In any case in which an employee requests
        leave under paragraph (5) of subsection (a), the employee
        shall--
                    ``(A) provide the employer with not less than 7
                days' notice or as much notice as is practicable before
                the date the leave is to be taken, of the employee's
                intention to take leave under such paragraph; and
                    ``(B) in the case of leave to be taken under
                subparagraph (A)(ii), make a reasonable effort to
                schedule the leave so as not to disrupt unduly the
                operations of the employer, subject to the approval of
                the health care provider involved (if any).''.
    (f) Certification.--Section 103 of such Act (29 U.S.C. 2613) is
amended by adding at the end the following new subsection:
    ``(g) Certification Related to Parental Involvement and Family
Wellness Leave.--An employer may require that a request for leave under
section 102(a)(5) be supported by a certification issued at such time
and in such manner as the Secretary may by regulation prescribe.''.
    (g) Definition of Grandchild.--Section 101 of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2611) is amended by adding at the
end the following new paragraph:
            ``(14) Grandchild.--The term `grandchild' means a son or
        daughter of an employee's son or daughter.''.

SEC. 4. ENTITLEMENT OF FEDERAL EMPLOYEES TO LEAVE FOR PARENTAL
              INVOLVEMENT AND FAMILY WELLNESS.

    (a) Leave Requirement.--Section 6382(a) of title 5, United States
Code, is amended by adding at the end the following new paragraph:
    ``(5)(A) Subject to subparagraph (B)(i) and section 6383(f), an
employee shall be entitled to leave under this paragraph to--
            ``(i) participate in or attend an activity that is
        sponsored by a school or community organization and relates to
        a program of the school or organization that is attended by a
        son or daughter or a grandchild of the employee; or
            ``(ii) meet routine family medical care needs, including
        for medical and dental appointments of a son, daughter, spouse,
        or grandchild of the employee, or to attend to the care needs
        of elderly individuals who are related to the eligible
        employee, including visits to nursing homes and group homes.
    ``(B)(i) An employee is entitled to--
            ``(I) not to exceed 4 hours of leave under this paragraph
        during any 30-day period; and
            ``(II) not to exceed 24 hours of leave under this paragraph
        during any 12-month period.
    ``(ii) Leave under this paragraph shall be in addition to any leave
provided under any other paragraph of this subsection.
    ``(C) For the purpose of this paragraph--
            ``(i) the term `school' means an elementary school or
        secondary school (as such terms are defined in section 9101 of
        the Elementary and Secondary Education Act of 1965), a Head
        Start program assisted under the Head Start Act, and a child
        care facility licensed under State law; and
            ``(ii) the term `community organization' means a private
        nonprofit organization that is representative of a community or
        a significant segment of a community and provides activities
        for individuals described in subparagraph (A) or (B) of section
        6381(6), such as a scouting or sports organization.''.
    (b) Schedule.--Section 6382(b)(1) of such title is amended--
            (1) by inserting after the second sentence the following
        new sentence: ``Leave under subsection (a)(5) may be taken
        intermittently or on a reduced leave schedule.''; and
            (2) in the last sentence, by striking ``involved,'' and
        inserting ``involved (or, in the case of leave under subsection
        (a)(5), for purposes of any 30-day or 12-month period),''.
    (c) Substitution of Paid Leave.--Section 6382(d) of such title is
amended--
            (1) by inserting ``(1)'' after the subsection designation;
        and
            (2) by adding at the end the following:
    ``(2) An employee may elect to substitute for leave under
subsection (a)(5), any of the employee's accrued or accumulated annual
or sick leave under subchapter I. If the employee elects to substitute
accumulated annual or sick leave for leave provided under subsection
(a)(5), the employing agency shall not restrict or limit this
substitution or impose any additional terms and conditions on such
leave that are more stringent on the employee than the terms and
conditions set forth in this subchapter.''.
    (d) Notice.--Section 6382(e) of such title is amended by adding at
the end the following new paragraph:
    ``(3) In any case in which an employee requests leave under
paragraph (5) of subsection (a), the employee shall--
            ``(A) provide the employing agency with not less than 7
        days' notice, before the date the leave is to be taken, of the
        employee's intention to take leave under such paragraph; and
            ``(B) in the case of leave to be taken under subparagraph
        (A)(ii), make a reasonable effort to schedule the leave so as
        not to disrupt unduly the operations of the employer, subject
        to the approval of the health care provider involved (if
        any).''.
    (e) Certification.--Section 6383(f) of such title is amended by
striking ``6382(a)(3)'' and inserting ``paragraph (3) or (5) of section
6382(a)''.
    (f) Definition of Grandchild.--Section 6381 of title 5, United
States Code, is amended--
            (1) in paragraph (10), by striking ``and'' at the end;
            (2) in paragraph (11), by striking the period at the end
        and inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(12) the term `grandchild' means a son or daughter of an
        employee's son or daughter.''.

Summary: Family and Medical Leave Enhancement Act of 2009 - Amends the Family and Medical Leave Act of 1993 (FMLA) to cover employees at worksites that employ fewer than 50 employees, but not fewer than 25 employees. Continues to exempt from FMLA coverage employees at worksites that employ fewer than 25 employees , if the total number of employees employed by that employer within 75 miles of that worksite is fewer than 25 . Allows an employee covered by FMLA to take up to 4 hours during any 30-day period, and up to 24 hours during any 12-month period, of parental involvement leave to participate in or attend activities that are sponsored by a school or community organization. And (2) relate to a program of the school or organization that is attended by the employee's child or grandchild. Permits the use of such parental involvement leave to meet routine family medical care needs, including: (1) such employee's medical and dental appointments, or their spouse, child, or grandchild. And (2) the care needs of their related elderly individuals, including visits to nursing homes and group homes. Allows an employee to elect, or an employer to require, substitution of any of the paid or family leave or paid medical or sick leave of the employee for any leave provided under this Act. Declares that nothing in this Act shall require an employer to provide paid sick leave or paid medical leave in situations where such employer would not normally provide any such paid leave. Imposes on the employee requesting leave certain notification requirements. Allows an employer to require certification supporting such requests. Applies the parental involvement and family wellness leave allowance to federal employees.

To amend the Family and Medical Leave Act of 1993 and title 5, United States Code, to allow employees to take, as additional leave, parental involvement leave to participate in or attend their children's and grandchildren's educational and extracurricular activities, and to clarify that leave may be taken for routine family medical needs and to assist elderly relatives, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Border Smog Reduction Act of 1998''.

SEC. 2. AMENDMENT OF CLEAN AIR ACT.

    Section 183 of the Clean Air Act (42 U.S.C. 7511b) is amended by
adding at the end the following:
    ``(h) Vehicles Entering Ozone Nonattainment Areas.--
        ``(1) Authority regarding ozone inspection and maintenance
    testing.--
            ``(A) In general.--No noncommercial motor vehicle
        registered in a foreign country and operated by a United States
        citizen or by an alien who is a permanent resident of the
        United States, or who holds a visa for the purposes of
        employment or educational study in the United States, may enter
        a covered ozone nonattainment area from a foreign country
        bordering the United States and contiguous to the nonattainment
        area more than twice in a single calendar-month period, if
        State law has requirements for the inspection and maintenance
        of such vehicles under the applicable implementation plan in
        the nonattainment area.
            ``(B) Applicability.--Subparagraph (A) shall not apply if
        the operator presents documentation at the United States border
        entry point establishing that the vehicle has complied with
        such inspection and maintenance requirements as are in effect
        and are applicable to motor vehicles of the same type and model
        year.
        ``(2) Sanctions for violations.--The President may impose and
    collect from the operator of any motor vehicle who violates, or
    attempts to violate, paragraph (1) a civil penalty of not more than
    $200 for the second violation or attempted violation and $400 for
    the third and each subsequent violation or attempted violation.
        ``(3) State election.--The prohibition set forth in paragraph
    (1) shall not apply in any State that elects to be exempt from the
    prohibition. Such an election shall take effect upon the
    President's receipt of written notice from the Governor of the
    State notifying the President of such election.
        ``(4) Alternative approach.--The prohibition set forth in
    paragraph (1) shall not apply in a State, and the President may
    implement an alternative approach, if--
            ``(A) the Governor of the State submits to the President a
        written description of an alternative approach to facilitate
        the compliance, by some or all foreign-registered motor
        vehicles, with the motor vehicle inspection and maintenance
        requirements that are--
                ``(i) related to emissions of air pollutants;
                ``(ii) in effect under the applicable implementation
            plan in the covered ozone nonattainment area; and
                ``(iii) applicable to motor vehicles of the same types
            and model years as the foreign-registered motor vehicles;
            and
            ``(B) the President approves the alternative approach as
        facilitating compliance with the motor vehicle inspection and
        maintenance requirements referred to in subparagraph (A).
        ``(5) Definition of covered ozone nonattainment area.--In this
    section, the term `covered ozone nonattainment area' means a
    Serious Area, as classified under section 181 as of the date of the
    enactment of this subsection.''.

SEC. 3. GENERAL PROVISIONS.

    (a) In General.--The amendment made by section 2 takes effect 180
days after the date of the enactment of this Act. Nothing in that
amendment shall require action that is inconsistent with the
obligations of the United States under any international agreement.
    (b) Information.--As soon as practicable after the date of the
enactment of this Act, the appropriate agency of the United States
shall distribute information to publicize the prohibition set forth in
the amendment made by section 2.

SEC. 4. STUDY BY GENERAL ACCOUNTING OFFICE.

    (a) In General.--The Comptroller General of the United States shall
conduct a study of the impact of the amendment made by section 2.
    (b) Contents of Study.--The study under subsection (a) shall
compare--
        (1) the potential impact of the amendment made by section 2 on
    air quality in ozone nonattainment areas affected by the amendment;
    with
        (2) the impact on air quality in those areas caused by the
    increase in the number of vehicles engaged in commerce operating in
    the United States and registered in, or operated from, Mexico, as a
    result of the implementation of the North American Free Trade
    Agreement.
    (c) Report.--Not later than July 1, 1999, the Comptroller General
of the United States shall submit to the Committee on Commerce of the
House of Representatives and the Committee on Environment and Public
Works of the Senate a report describing the findings of the study under
subsection (a).

                               Speaker of the House of Representatives.

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

Summary: Border Smog Reduction Act of 1998 - Amends the Clean Air Act to prohibit noncommercial motor vehicles registered in a foreign country and operated by US citizens, aliens who are permanent residents, or holders of employment or educational visas from entering a Serious ozone nonattainment area from a foreign country bordering the United States and contiguous to such area more than twice in a single calendar-month period if State law has requirements for the inspection and maintenance of such vehicles in such an area. Makes such prohibition inapplicable to operators who present documentation at the border entry point establishing the vehicle's compliance with such requirements. Authorizes civil penalties to be imposed for violation of such prohibition. Makes such prohibition inapplicable in States which elect to be exempt. Makes such prohibition inapplicable in a State and authorizes the President to implement an alternative approach if: (1) a State Governor submits a description of an alternative approach to facilitate compliance by foreign-registered vehicles with inspection and maintenance requirements that are related to air pollutant emissions, that are in effect under the implementation plan in the area, and that apply to vehicles of the same types and model years as the foreign-registered vehicles. And (2) the President approves such approach. Requires the Comptroller General to study and report to specified congressional committees on a comparison of the potential impact of this Act on air quality in ozone nonattainment areas with the impact in those areas of the increase in vehicles engaged in commerce operating in the United States and registered in, or operated from, Mexico, as a result of the implementation of the North American Free Trade Agreement.

Border Smog Reduction Act of 1998


SECTION 1. FINDINGS.

    Congress finds the following:
            (1) The roles of the Department of Defense and the
        Department of Homeland Security, and the resources necessary
        for homeland defense, are still evolving.
            (2) The decision to conduct an additional round of base
        closures and realignments in 2005 was developed before the
        tragic events of September 11, 2001.
            (3) The long-term, costs, and personnel requirements of
        Operation Enduring Freedom, Operation Noble Eagle, and
        Operation Iraqi Freedom are still unknown.
            (4) Additional funds are necessary to adequately supply the
        Armed Forces for current missions, while expediting military
        transformation.
            (5) The Congress will not have the opportunity to
        thoroughly review and consider the policy decisions culminating
        in the Global Posture Review before decisions regarding the
        closure and realignment of military installations will be
        required in the 2005 round of base closures and realignments.
            (6) The expected costs of implementing and executing base
        closures and realignments recommended in the 2005 round is
        estimated at $15,000,000,000 and net savings from such base
        closures and realignments will not be realized until
        approximately 2011.

SEC. 2. TWO-YEAR POSTPONEMENT OF 2005 BASE CLOSURE AND REALIGNMENT
              ROUND.

    (a) Submittal of Recommendations Regarding Closure or Realignment
of Military Installations.--Section 2914 of the Defense Base Closure
and Realignment Act of 1990 (part A of title XXIX of Public Law 101-
510; 10 U.S.C. 2687 note), as added by section 3003 of the National
Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115
Stat. 1345), is amended--
            (1) in the section heading, by striking ``2005'' and
        inserting ``2007''; and
            (2) in subsection (a), by striking ``May 16, 2005,'' and
        inserting ``May 16, 2007,''.
    (b) Commission Review and Recommendations.--Subsection (d) of such
section is amended--
            (1) in paragraphs (1) and (2), by striking ``September 8,
        2005'' both places it appears and inserting ``September 8,
        2007''; and
            (2) in paragraph (6)--
                    (A) by striking ``in 2005'' and inserting ``under
                this section''; and
                    (B) by striking ``July 1, 2005'' and inserting
                ``July 1, 2007''.
    (c) Review by President and Transmittal to Congress.--Subsection
(e) of such section is amended--
            (1) in paragraph (1)--
                    (A) by striking ``in 2005'' and inserting ``under
                this section''; and
                    (B) by striking ``September 23, 2005'' and
                inserting ``September 23, 2007'';
            (2) in paragraph (2), by striking ``October 20, 2005'' and
        inserting ``October 20, 2007''; and
            (3) in paragraph (3), by striking ``November 7, 2005'' and
        inserting ``November 7, 2007''.
    (d) Conforming Amendments.--(1) Section 2904(a)(3) of the Defense
Base Closure and Realignment Act of 1990 is amended by striking ``in
the 2005 report'' and inserting ``in a report submitted after 2001''.
    (2) Section 2906(e) of such Act is amended by striking ``2005'' and
inserting ``2007''.
    (3) Section 2906A of such Act is amended--
            (A) in the section heading, by striking ``2005'' and
        inserting ``2007''; and
            (B) by striking ``2005'' each place it appears and
        inserting ``2007''.
    (4) Section 2912 of such Act is amended--
            (A) in the section heading, by striking ``2005'' and
        inserting ``2007'';
            (B) in subsection (a)(4), by striking ``fiscal year 2006''
        and inserting ``fiscal year 2008'';
            (C) in subsections (b)(2) and (d), by striking ``in 2005''
        each place it appears and inserting ``under section 2914'';
            (D) in subsection (d), by striking ``March 15, 2005'' both
        places it appears and inserting ``March 15, 2007'';
            (E) in subsection (d)(4), by striking ``calendar year 2005
        and shall terminate on April 15, 2006'' and inserting
        ``calendar year 2007 and shall terminate on April 15, 2008'';
        and
            (F) in subsection (d)(5), by striking ``second session of
        the 108th Congress for the activities of the Commission in
        2005'' and inserting ``second session of the 109th Congress for
        the activities of the Commission under section 2914''.
    (5) Section 2913 of such Act is amended--
            (A) in the section heading, by striking ``2005'' and
        inserting ``2007'';
            (B) by striking ``in 2005'' each place it appears and
        inserting ``under section 2914'';
            (C) in subsection (e), by striking ``March 15, 2004'' and
        inserting ``March 15, 2006''.

Summary: Amends the Defense Base Closure and Realignment Act of 1990 to postpone until: (1) 2007 the implementation of recommendations for military base closures and realignments currently scheduled for 2005. And (2) corresponding dates two years later certain dates for reviews, recommendations, and reports related to to such closures and realignments.

To amend the Defense Base Closure and Realignment Act of 1990 to postpone the 2005 round of base closures and realignments until 2007.