SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Positive Train
Control Safety Act''.
    (b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Implementation deadline.
Sec. 3. Transparency.
Sec. 4. Positive train control on high-hazard flammable trains.
Sec. 5. Coordination of spectrum.
Sec. 6. Confidential close call reporting systems.
Sec. 7. Commuter rail track inspections.
Sec. 8. Positive train control at grade crossings effectiveness study.
Sec. 9. Redundant signal protection.

SEC. 2. IMPLEMENTATION DEADLINE.

    Section 20157 of title 49, United States Code, is amended--
            (1) by redesignating subsections (h) and (i) as subsections
        (i) and (j), respectively; and
            (2) by inserting after subsection (g) the following:
    ``(h) Extension.--
            ``(1) In general.--After transmitting the report under
        subsection (d), the Secretary may extend the implementation
        deadline, in 1-year increments, upon application, if the
        Secretary--
                    ``(A) determines that--
                            ``(i) full implementation will likely be
                        infeasible due to circumstances beyond the
                        control of the applicant, including funding
                        availability, spectrum acquisition, resource
                        and technology availability, and
                        interoperability standards;
                            ``(ii) the applicant has demonstrated good
                        faith in its positive train control
                        implementation; and
                            ``(iii) the applicant has presented a
                        revised positive train control implementation
                        plan indicating how it will fully implement
                        positive train control as soon as feasible, and
                        not later than December 31, 2018; and
                    ``(B) has taken into consideration--
                            ``(i) whether the affected areas of track
                        have been identified as areas of greater risk
                        to the public and railroad employees in the
                        applicant's positive train control
                        implementation plan under section
                        236.1011(a)(4) of title 49, Code of Federal
                        Regulations; and
                            ``(ii) the risk of operational failure to
                        the affected service areas and the applicant.
            ``(2) Application review.--Not later than 120 days after
        the Secretary receives an application under paragraph (1), the
        Secretary review and approve or disapprove the application.
            ``(3) Maximum extension.--The Secretary may extend the
        implementation deadline for an applicant whose application is
        under review, but may not extend the implementation deadline
        beyond June 30, 2016.''.

SEC. 3. TRANSPARENCY.

    Section 20157(a) of title 49, United States Code, as amended by
section 2, is further amended by adding at the end the following:
            ``(3) Progress reports.--
                    ``(A) In general.--Beginning 6 months after the
                date of the enactment of the Positive Train Control
                Safety Act, and annually thereafter until its positive
                train control system is certified by the Secretary
                under subsection (h), each Class I railroad carrier,
                and each entity providing regularly scheduled intercity
                or commuter rail passenger transportation, required to
                submit a plan under paragraph (1) shall submit a
                progress report to the Secretary on the status of the
                plan.
                    ``(B) Contents.--Each progress report submitted
                under subparagraph (A) shall include--
                            ``(i) a section describing--
                                    ``(I) the total number of positive
                                train control components required;
                                    ``(II) the number of such
                                components that have been installed,
                                equipped, or deployed;
                                    ``(III) the number of components
                                that remain to be installed, equipped,
                                or deployed; and
                                    ``(IV) an estimated completion date
                                for full positive train control system
                                completion;
                            ``(ii) a section summarizing--
                                    ``(I) the number of employees
                                requiring training under section
                                236.1041 of title 49, Code of Federal
                                Regulations; and
                                    ``(II) the status of such training
                                activities; and
                            ``(iii) a section summarizing the remaining
                        challenges to full positive train control
                        system implementation, including--
                                    ``(I) testing issues;
                                    ``(II) interoperability challenges;
                                and
                                    ``(III) certification challenges.
                    ``(C) Defined term.--In this paragraph, the term
                `component' means a locomotive apparatus, a wayside
                interface unit, switches in non-signal positive train
                control territory, a base station radio, a wayside
                radio, or a locomotive radio.
                    ``(D) Public availability.--Not later than 30 days
                after receiving a progress report under this paragraph,
                the Secretary shall make the report available on the
                website of the Federal Railroad Administration.''.

SEC. 4. POSITIVE TRAIN CONTROL ON HIGH-HAZARD FLAMMABLE TRAINS.

    Section 20157(a)(1) of title 49, United States Code, as amended by
this Act, is further amended--
            (1) by striking ``Not later than 18 months after the date
        of enactment of the Rail Safety Improvement Act of 2008, each''
        and inserting ``Each'';
            (2) in subparagraph (B)--
                    (A) by striking ``parts'' and inserting
                ``sections''; and
                    (B) by striking ``transported; and'' and inserting
                ``transported on or after December 31, 2015;'';
            (3) by redesignating subparagraph (C) as subparagraph (D);
        and
            (4) by inserting after subparagraph (B), the following:
                    ``(C) its main line over which 20 or more tank cars
                loaded with petroleum crude oil, ethanol, or other
                Class 3 material (as described in section 172.101 of
                title 49, Code of Federal Regulations) are transported;
                and''.

SEC. 5. COORDINATION OF SPECTRUM.

    (a) Coordination of Spectrum.--Subchapter II of chapter 201 of
title 49, United States Code, is amended by adding at the end the
following:
``Sec. 20168. Electromagnetic spectrum
    ``Not later than 120 days after the date of the enactment of the
Positive Train Control Safety Act, the Secretary of Transportation, in
coordination with the Chairman of the Federal Communications
Commission, shall assess spectrum needs and availability for
implementing positive train control systems (as defined in section
20157(j)). In carrying out this section, the Secretary and the Chairman
may consult with external stakeholders.''.
    (b) Clerical Amendment.--The table of sections for chapter 201 of
title 49, United States Code, is amended by inserting after the item
relating to section 20167 the following:

``20168. Electromagnetic spectrum.''.

SEC. 6. CONFIDENTIAL CLOSE CALL REPORTING SYSTEMS.

    (a) In General.--Subchapter II of chapter 201 of title 49, United
States Code, as amended by section 6(a), is further amended by adding
at the end the following:
``Sec. 20169. Confidential close call reporting systems
    ``(a) Rulemaking.--Not later than 1 year after the date of the
enactment of the Positive Train Control Safety Act, the Secretary shall
promulgate regulations setting forth the requirements that an
applicable railroad carrier shall follow in establishing a confidential
close call reporting system program. The Secretary may use any
information and experience gathered through research and pilot programs
on confidential close call reporting systems in developing regulations
under this subsection, including continuing the use of third parties
for the collection of close call reports and distribution of close call
data. The Secretary shall ensure that an applicable railroad carrier's
employees receive protection under its program from any related Federal
Railroad Administration enforcement actions.
    ``(b) Program Development and Oversight.--
            ``(1) In general.--Not later than 180 days after the date
        on which final regulations are promulgated under subsection
        (a), an applicable railroad carrier shall develop and submit a
        proposed confidential close call reporting system program to
        the Secretary for review and approval.
            ``(2) Contents.--The proposal submitted by a railroad
        carrier under paragraph (1) shall--
                    ``(A) a describe the core principles and values of
                its proposed program;
                    ``(B) explain the rights, roles, and
                responsibilities of program stakeholders;
                    ``(C) identify concerns and interests; and
                    ``(D) describe how the program will operate.
            ``(3) Review.--
                    ``(A) In general.--The Secretary shall review and
                approve or disapprove each proposed program within a
                reasonable amount of time. If a proposed program is not
                approved, the Secretary shall notify the applicable
                railroad carrier in writing of the specific areas in
                which the proposed program is deficient. The applicable
                railroad carrier shall correct all deficiencies within
                a reasonable period of time following receipt of
                written notice from the Secretary.
                    ``(B) Updates.--An applicable railroad carrier
                shall update its program as needed and obtain the
                Secretary's approval prior to making any major changes
                to its program.
                    ``(C) Annual reviews.--The Secretary shall conduct
                an annual review to ensure that each applicable
                railroad carrier is in compliance with its approved
                program.
    ``(c) In General.--Not later than 2 years after the date of the
enactment of the Positive Train Control Safety Act, each applicable
railroad carrier shall establish a confidential close call reporting
system.
    ``(d) Program Elements.--Each applicable railroad carrier shall--
            ``(1) provide a safe environment for its employees to
        report unsafe events and conditions;
            ``(2) for unsafe events and conditions reported within the
        scope of a confidential close call reporting system, ensure
        that its employees are protected from railroad carrier
        discipline;
            ``(3) use information collected through the confidential
        close call reporting system to develop and implement targeted
        corrective actions, as appropriate; and
            ``(4) use information collected by the system to supplement
        inspection data in identifying safety issues and emerging risks
        before they develop into accidents.
    ``(e) Consensus.--
            ``(1) In general.--Each applicable railroad carrier shall
        consult with, employ good faith with, and use its best efforts
        to reach agreement with all of its directly affected employees,
        including any nonprofit employee labor organization
        representing a class or craft of directly affected employees of
        the applicable railroad carrier, on the development and
        implementation of the proposed program.
            ``(2) Statements.--If an applicable railroad carrier and
        its directly affected employees, including any nonprofit
        employee labor organization representing a class or craft of
        directly affected employees of the applicable railroad carrier,
        cannot reach consensus on the development and implementation of
        the proposed program, then directly affected employees and such
        organization may file a statement with the Secretary explaining
        their views on the proposed program on which consensus was not
        reached. The Secretary shall consider such views during review
        of the proposed program under subsection (b)(3)(A).
    ``(f) Voluntary Program Establishment.--Any railroad carrier that
is not an applicable railroad carrier may voluntarily establish a
program under this section. This section, and any regulations
promulgated under this section, shall apply to a program that is
voluntarily established.
    ``(g) Use of Data.--The Secretary may use the confidential close
call reporting data when--
            ``(1) implementing or updating the Federal Railroad
        Administration's National Inspection Plan;
            ``(2) performing focused inspections; or
            ``(3) developing agency rulemakings and guidance, as
        appropriate.
    ``(h) Defined Term.--In this section, the term `applicable railroad
carrier' means a railroad carrier that--
            ``(1) is a Class I railroad;
            ``(2) has inadequate safety performance, as determined by
        the Secretary; or
            ``(3) provides intercity rail passenger or commuter rail
        passenger transportation.
    ``(i) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as may be necessary--
            ``(1) to implement this section; and
            ``(2) to support the nationwide implementation of
        confidential close call reporting system programs, as the
        Secretary determines appropriate.''.
    (b) Clerical Amendment.--The table of sections for chapter 201 of
title 49, United States Code, as amended by section 7(b), is further
amended by adding at the end the following:

``20169. Confidential close call reporting systems.''.

SEC. 7. COMMUTER RAIL TRACK INSPECTIONS.

    (a) In General.--Subchapter II of chapter 201 of title 49, United
States Code, as amended by sections 6 and 7, is further amended by
adding at the end the following:
``Sec. 20170. Commuter rail track inspections
    ``(a) In General.--When performing a required inspection under
subpart F of part 213 of title 49, Code of Federal Regulations, a
railroad carrier providing commuter rail passenger transportation on
high density commuter railroad lines (as described in section
213.233(b)(3) of title 49, Code of Federal Regulations) shall--
            ``(1) at least once each 2 weeks--
                    ``(A) traverse each main line by vehicle; or
                    ``(B) inspect each main line on foot; and
            ``(2) at least once each month, traverse and inspect each
        siding by vehicle or by foot.
    ``(b) Construction.--Nothing in this section may be construed to
limit the authority of the Secretary to promulgate regulations or issue
orders under any other law.''.
    (b) Clerical Amendment.--The table of sections for chapter 201 of
title 49, United States Code, as amended by sections 6 and 7, is
further amended by adding at the end the following:

``20170. Commuter rail track inspections.''.

SEC. 8. POSITIVE TRAIN CONTROL AT GRADE CROSSINGS EFFECTIVENESS STUDY.

    (a) In General.--The Secretary of Transportation, in consultation
with the Administrator of the Federal Railroad Administration, shall
conduct a study of the effectiveness of positive train control and
related technologies on reducing collisions at highway-rail grade
crossings.
    (b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to conduct the study
described in subsection (a).

SEC. 9. REDUNDANT SIGNAL PROTECTION.

    Not later than 1 year after the date of the enactment of the
Positive Train Control Safety Act, the Secretary of Transportation
shall promulgate such regulations as the Secretary considers necessary
to require that on-track safety programs, as described in subpart C of
part 214 of title 49, Code of Federal Regulations, whenever practicable
and consistent with other safety requirements and operational
considerations, include requiring implementation of redundant signal
protection, such as shunting, for maintenance-of-way work crews who
depend on a train dispatcher to provide signal protection.

Summary: Positive Train Control Safety Act This bill authorizes the Department of Transportation (DOT) to extend the deadline, in one-year increments, for implementation of positive train control systems if full implementation by the existing deadline will likely be infeasible due to circumstances beyond the control of the applicant, and other certain other criteria are met. Each Class I railroad carrier, and each entity providing regularly scheduled intercity or commuter rail passenger transportation, must submit annual progress reports to DOT on the status of fits implementation plan. Such plans shall now be required for any such carrier or entity governing operations on a main line over which 20 or more tank cars loaded with petroleum crude oil, ethanol, or other Class 3 material are transported. DOT shall assess electromagnetic spectrum needs and availability for implementing positive train control systems. Applicable railroad carriers shall establish a confidential close call reporting system program subject to DOT regulations. A railroad carrier providing commuter rail passenger transportation on high density commuter railroad lines, when performing a required inspection, shall: at least once each two weeks traverse each line by vehicle or inspect each main line on foot, and at least once each month traverse and inspect each siding by vehicle or by foot. DOT shall: study the effectiveness of positive train control and related technologies on reducing collisions at highway-rail grade crossings. And promulgate regulations to require that on-track safety programs, whenever practicable and consistent with other safety requirements and operational considerations, include requiring implementation of redundant signal protection, such as shunting, for maintenance-of-way work crews who depend on a train dispatcher to provide signal protection.

Positive Train Control Safety Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Campus Sexual Violence Elimination
Act''.

SEC. 2. CAMPUS SEXUAL VIOLENCE, DOMESTIC VIOLENCE, DATING VIOLENCE, AND
              STALKING EDUCATION AND PREVENTION.

    (a) In General.--Section 485(f) of the Higher Education Act of 1965
(20 U.S.C. 1092(f)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (C)(iii), by striking the
                period at the end and inserting ``, when the victim of
                such crime elects or is unable to make such a
                report.''; and
                    (B) in subparagraph (F)--
                            (i) in clause (i)(VIII), by striking
                        ``and'' after the semicolon;
                            (ii) in clause (ii)--
                                    (I) by striking ``sexual
                                orientation'' and inserting ``national
                                origin, sexual orientation, gender
                                identity,''; and
                                    (II) by striking the period and
                                inserting ``; and''; and
                            (iii) by adding at the end the following:
                            ``(iii) of domestic violence, dating
                        violence, and stalking incidents that were
                        reported to campus security authorities or
                        local police agencies.'';
            (2) in paragraph (3), by inserting ``, that withholds the
        names of victims as confidential,'' after ``that is timely'';
            (3) in paragraph (6)(A)--
                    (A) by redesignating clauses (i), (ii), and (iii)
                as clauses (ii), (iii), and (iv), respectively;
                    (B) by inserting before clause (ii), as
                redesignated by subparagraph (A), the following:
            ``(i) The terms `dating violence', `domestic violence', and
        `stalking' have the meaning given such terms in section
        40002(a) of the Violence Against Women Act of 1994 (42 U.S.C.
        13925(a)).''; and
                    (C) by inserting after clause (iv), as redesignated
                by subparagraph (A), the following:
            ``(v) The term `sexual assault' means an offense classified
        as a forcible or nonforcible sex offense under the uniform
        crime reporting system of the Federal Bureau of
        Investigation.'';
            (4) in paragraph (7)--
                    (A) by striking ``paragraph (1)(F)'' and inserting
                ``clauses (i) and (ii) of paragraph (1)(F)''; and
                    (B) by inserting after ``Hate Crime Statistics
                Act.'' the following: ``For the offenses of domestic
                violence, dating violence, and stalking, such
                statistics shall be compiled in accordance with the
                definitions used in section 40002(a) of the Violence
                Against Women Act of 1994 (42 U.S.C. 13925(a)).'';
            (5) by striking paragraph (8) and inserting the following:
    ``(8)(A) Each institution of higher education participating in any
program under this title, other than a foreign institution of higher
education, shall develop and distribute as part of the report described
in paragraph (1) a statement of policy regarding--
            ``(i) such institution's programs to prevent domestic
        violence, dating violence, sexual assault, and stalking; and
            ``(ii) the procedures that such institution will follow
        once an incident of domestic violence, dating violence, sexual
        assault, or stalking has been reported, including a statement
        of the standard of evidence that will be used during any
        institutional conduct proceeding arising from such a report.
    ``(B) The policy described in subparagraph (A) shall address the
following areas:
            ``(i) Education programs to promote the awareness of rape,
        acquaintance rape, domestic violence, dating violence, sexual
        assault, and stalking, which shall include--
                    ``(I) primary prevention and awareness programs for
                all incoming students and new employees, which shall
                include--
                            ``(aa) a statement that the institution of
                        higher education prohibits the offenses of
                        domestic violence, dating violence, sexual
                        assault, and stalking;
                            ``(bb) the definition of domestic violence,
                        dating violence, sexual assault, and stalking
                        in the applicable jurisdiction;
                            ``(cc) the definition of consent, in
                        reference to sexual activity, in the applicable
                        jurisdiction;
                            ``(dd) safe and positive options for
                        bystander intervention that may be carried out
                        by an individual to prevent harm or intervene
                        when there is a risk of domestic violence,
                        dating violence, sexual assault, or stalking
                        against a person other than such individual;
                            ``(ee) information on risk reduction to
                        recognize warning signs of abusive behavior and
                        how to avoid potential attacks; and
                            ``(ff) the information described in clauses
                        (ii) through (vii); and
                    ``(II) ongoing prevention and awareness campaigns
                for students and faculty, including information
                described in items (aa) through (ff) of subclause (I).
            ``(ii) Possible sanctions or protective measures that such
        institution may impose following a final determination of an
        institutional disciplinary procedure regarding rape,
        acquaintance rape, domestic violence, dating violence, sexual
        assault, or stalking.
            ``(iii) Procedures victims should follow if a sex offense,
        domestic violence, dating violence, sexual assault, or stalking
        has occurred, including information in writing about--
                    ``(I) the importance of preserving evidence as may
                be necessary to the proof of criminal domestic
                violence, dating violence, sexual assault, or stalking,
                or in obtaining a protection order;
                    ``(II) to whom the alleged offense should be
                reported;
                    ``(III) options regarding law enforcement and
                campus authorities, including notification of the
                victim's option to--
                            ``(aa) notify proper law enforcement
                        authorities, including on-campus and local
                        police;
                            ``(bb) be assisted by campus authorities in
                        notifying law enforcement authorities if the
                        victim so chooses; and
                            ``(cc) decline to notify such authorities;
                        and
                    ``(IV) where applicable, the rights of victims and
                the institution's responsibilities regarding orders of
                protection, no contact orders, restraining orders, or
                similar lawful orders issued by a criminal, civil, or
                tribal court.
            ``(iv) Procedures for institutional disciplinary action in
        cases of alleged domestic violence, dating violence, sexual
        assault, or stalking, which shall include a clear statement
        that--
                    ``(I) such proceedings shall--
                            ``(aa) provide a prompt, fair, and
                        impartial investigation and resolution;
                            ``(bb) be conducted by officials who
                        receive annual training on the issues related
                        to domestic violence, dating violence, sexual
                        assault, and stalking and how to conduct an
                        investigation and hearing process that protects
                        the safety of victims and promotes
                        accountability; and
                            ``(cc) use the preponderance of the
                        evidence standard;
                    ``(II) the accuser and the accused are entitled to
                the same opportunities to have others present during an
                institutional disciplinary proceeding, including the
                opportunity to be accompanied to any related meeting or
                proceeding by an advisor of their choice; and
                    ``(III) both the accuser and the accused shall be
                simultaneously informed, in writing, of--
                            ``(aa) the outcome of any institutional
                        disciplinary proceeding that arises from an
                        allegation of domestic violence, dating
                        violence, sexual assault, or stalking;
                            ``(bb) the institution's procedures for the
                        accused and the victim to appeal the results of
                        the institutional disciplinary proceeding;
                            ``(cc) any change to the results that
                        occurs prior to the time that such results
                        become final; and
                            ``(dd) when such results become final.
            ``(v) Information about how the institution will protect
        the confidentiality of victims, including how publicly
        available recordkeeping will be accomplished without the
        inclusion of identifying information about the victim, to the
        extent permissible by law.
            ``(vi) Written notification of students and employees about
        existing counseling, health, mental health, victim advocacy,
        legal assistance, and other services available for victims both
        on-campus and in the community.
            ``(vii) Written notification of victims about options for,
        and available assistance in, changing academic, living,
        transportation, and working situations, if so requested by the
        victim and if such accommodations are reasonably available,
        regardless of whether the victim chooses to report the crime to
        campus police or local law enforcement.
    ``(C) A student or employee who reports to an institution of higher
education that the student or employee has been a victim of domestic
violence, dating violence, sexual assault, or stalking, whether the
offense occurred on or off campus, shall be provided with a written
explanation of the student or employee's rights and options, as
described in clauses (ii) through (vii) of subparagraph (B).'';
            (6) in paragraph (9), by striking ``The Secretary'' and
        inserting ``The Secretary, in consultation with the Attorney
        General of the United States,'';
            (7) by striking paragraph (16) and inserting the following:
    ``(16)(A) The Secretary shall seek the advice and counsel of the
Attorney General of the United States concerning the development, and
dissemination to institutions of higher education, of best practices
information about campus safety and emergencies.
    ``(B) The Secretary shall seek the advice and counsel of the
Attorney General of the United States and the Secretary of Health and
Human Services concerning the development, and dissemination to
institutions of higher education, of best practices information about
preventing and responding to incidents of domestic violence, dating
violence, sexual assault, and stalking, including elements of
institutional policies that have proven successful based on evidence-
based outcome measurements.''; and
            (8) by striking paragraph (17) and inserting the following:
    ``(17) No officer, employee, or agent of an institution
participating in any program under this title shall retaliate,
intimidate, threaten, coerce, or otherwise discriminate against any
individual for exercising their rights or responsibilities under any
provision of this subsection.''.
    (b) Effective Date.--The amendments made by this section shall take
effect with respect to the annual security report under section
485(f)(1) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)(1))
prepared by an institution of higher education 1 calendar year after
the date of enactment of this Act, and each subsequent calendar year.

Summary: Campus Sexual Violence Elimination Act - Amends title IV of the Higher Education Act of 1965 to require institutions of higher education (IHEs) to include in their annual security report policies encouraging the accurate and prompt reporting of all crimes to campus police and appropriate law enforcement agencies when crime victims elect to, or are unable to, report the crimes. Requires that report to include: (1) data on the occurrence of certain violent crimes that are motivated by the victim's nationality. And (2) statistics concerning the occurrence of domestic violence, dating violence, and stalking incidents reported to campus security authorities or local police. Requires schools to protect victim confidentiality when reporting criminal threats to the campus community. Directs IHEs to include in their annual security report a statement of policy regarding their programs to prevent domestic violence, dating violence, sexual assault, and stalking and the procedures they follow when such an offense is reported. Requires an IHE's policy regarding those offenses to include: education that promotes awareness of the offenses, possible sanctions or protective measures imposed following disciplinary action, procedures victims should follow after such an offense occurs, institutional disciplinary procedures, information about how the IHE will protect victim confidentiality. The written notification of students and employees concerning on-campus and community services available for victims. And the written notification of victims regarding their options for, and assistance in, changing academic, living, transportation, and working situations, regardless of whether or not they choose to report the crime. Requires students and employees who report having been the victim of such an offense to their IHE, whether it occurred on or off campus, to receive a written notification of their rights and options under the IHE's policy. Directs the Secretary of Education to seek the counsel of the Attorney General and Secretary of Health and Human Services (HHS) regarding the development, and dissemination to IHEs, of best practices for preventing and responding to incidents of domestic violence, dating violence, sexual assault, and stalking.

Campus Sexual Violence Elimination Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Airport and Airway Trust Fund
Financing Act of 2007''.

SEC. 2. EXTENSION AND MODIFICATION OF TAXES FUNDING AIRPORT AND AIRWAY
              TRUST FUND.

    (a) Rate of Tax on Aviation-Grade Kerosene and Aviation Gasoline.--
            (1) Aviation-grade kerosene.--Subparagraph (A) of section
        4081(a)(2) of the Internal Revenue Code of 1986 (relating to
        rates of tax) is amended by striking ``and'' at the end of
        clause (ii), by striking the period at the end of clause (iii)
        and inserting ``, and'', and by adding at the end the following
        new clause:
                            ``(iv) in the case of aviation-grade
                        kerosene, 35.9 cents per gallon.''.
            (2) Aviation gasoline.--Clause (ii) of section
        4081(a)(2)(A) of such Code is amended by striking ``19.3
        cents'' and inserting ``24.1 cents''.
            (3) Fuel removed directly into fuel tank of airplane used
        in noncommercial aviation.--Subparagraph (C) of section
        4081(a)(2) of such Code is amended to read as follows:
                    ``(C) Taxes imposed on fuel used in commercial
                aviation.--In the case of aviation-grade kerosene which
                is removed from any refinery or terminal directly into
                the fuel tank of an aircraft for use in commercial
                aviation by a person registered for such use under
                section 4101, the rate of tax under subparagraph
                (A)(iv) shall be 4.3 cents per gallon.''.
            (4) Conforming amendments.--
                    (A) Clause (iii) of section 4081(a)(2)(A) of such
                Code is amended by inserting ``other than aviation-
                grade kerosene'' after ``kerosene''.
                    (B) The following provisions of such Code are each
                amended by striking ``kerosene'' and inserting
                ``aviation-grade kerosene'':
                            (i) Section 4081(a)(3)(A)(ii).
                            (ii) Section 4081(a)(3)(A)(iv).
                            (iii) Section 4081(a)(3)(D).
                    (C) Section 4081(a)(3)(D) of such Code is amended--
                            (i) by striking ``paragraph (2)(C)(i)'' in
                        clause (i) and inserting ``paragraph (2)(C)'',
                        and
                            (ii) by striking ``paragraph (2)(C)(ii)''
                        in clause (ii) and inserting ``paragraph
                        (2)(A)(iv)''.
                    (D) Section 4081(a)(4) of such Code is amended in
                the heading by striking ``kerosene'' and inserting
                ``aviation-grade kerosene''.
                    (E) Section 4081(d)(2) of such Code is amended by
                inserting ``, (a)(2)(A)(iv),'' after ``subsections
                (a)(2)(A)(ii)''.
    (b) Extension.--
            (1) Fuels taxes.--Paragraph (2) of section 4081(d) of such
        Code is amended by striking ``gallon--'' and all that follows
        and inserting ``gallon after September 30, 2011''.
            (2) Taxes on transportation of persons and property.--
                    (A) Persons.--Clause (ii) of section 4261(j)(1)(A)
                of such Code is amended by striking ``September 30,
                2007'' and inserting ``September 30, 2011''.
                    (B) Property.--Clause (ii) of section 4271(d)(1)(A)
                of such Code is amended by striking ``September 30,
                2007'' and inserting ``September 30, 2011''.
    (c) Exemption for Aviation-Grade Kerosene Removed Into an
Aircraft.--Subsection (e) of section 4082 of such Code is amended--
            (1) by striking ``kerosene'' and inserting ``aviation-grade
        kerosene'',
            (2) by striking ``section 4081(a)(2)(A)(iii)'' and
        inserting ``section 4081(a)(2)(A)(iv)'', and
            (3) by striking ``Kerosene'' in the heading and inserting
        ``Aviation-Grade Kerosene''.
    (d) Retail Tax on Aviation Fuel.--
            (1) Exemption for previously taxed fuel.--Paragraph (2) of
        section 4041(c) of such Code is amended by inserting ``at the
        rate specified in subsection (a)(2)(A)(iv) thereof'' after
        ``section 4081''.
            (2) Rate of tax.--Paragraph (3) of section 4041(c) of such
        Code is amended to read as follows:
            ``(3) Rate of tax.--The rate of tax imposed by this
        subsection shall be the rate of tax in effect under section
        4081(a)(2)(A)(iv) (4.3 cents per gallon with respect to any
        sale or use for commercial aviation).''.
    (e) Refunds Relating to Aviation-Grade Kerosene.--
            (1) Kerosene used in commercial aviation.--Clause (ii) of
        section 6427(l)(4)(A) of such Code is amended by striking
        ``specified in section 4041(c) or 4081(a)(2)(A)(iii), as the
        case may be,'' and inserting ``so imposed''.
            (2) Kerosene used in aviation.--Paragraph (4) of section
        6427(l) of such Code is amended--
                    (A) by striking subparagraph (B) and redesignating
                subparagraph (C) as subparagraph (B), and
                    (B) by amending subparagraph (B), as redesignated
                by subparagraph (A), to read as follows:
                    ``(B) Payments to ultimate, registered vendor.--
                With respect to any kerosene used in aviation (other
                than kerosene to which paragraph (6) applies), if the
                ultimate purchaser of such kerosene waives (at such
                time and in such form and manner as the Secretary shall
                prescribe) the right to payment under paragraph (1) and
                assigns such right to the ultimate vendor, then the
                Secretary shall pay (without interest) the amount which
                would be paid under paragraph (1) to such ultimate
                vendor, but only if such ultimate vendor--
                            ``(i) is registered under section 4101, and
                            ``(ii) meets the requirements of
                        subparagraph (A), (B), or (D) of section
                        6416(a)(1).''.
            (3) Aviation-grade kerosene not used in aviation.--
        Subsection (l) of section 6427 of such Code is amended by
        redesignating paragraph (5) as paragraph (6) and by inserting
        after paragraph (4) the following new paragraph:
            ``(5) Refunds for aviation-grade kerosene not used in
        aviation.--If tax has been imposed under section 4081 at the
        rate specified in section 4081(a)(2)(A)(iv) and the fuel is
        used other than in an aircraft, the Secretary shall pay
        (without interest) to the ultimate purchaser of such fuel an
        amount equal to the amount of tax imposed on such fuel reduced
        by the amount of tax that would be imposed under section 4041
        if no tax under section 4081 had been imposed.''.
            (4) Conforming amendments.--
                    (A) Section 6427(i)(4) of such Code is amended--
                            (i) by striking ``(4)(C)'' the first two
                        places it occurs and inserting ``(4)(B)'', and
                            (ii) by striking ``, (l)(4)(C)(ii), and''
                        and inserting ``and''.
                    (B) Section 4082(d)(2)(B) of such Code is amended
                by striking ``6427(l)(5)(B)'' and inserting
                ``6427(l)(6)(B)''.
    (f) Airport and Airway Trust Fund.--
            (1) Extension of trust fund authorities.--
                    (A) Expenditures from trust fund.--Paragraph (1) of
                section 9502(d) of such Code is amended--
                            (i) in the matter preceding subparagraph
                        (A) by striking ``October 1, 2007'' and
                        inserting ``October 1, 2011'', and
                            (ii) in subparagraph (A) by inserting ``or
                        the FAA Reauthorization Act of 2007'' before
                        the semicolon at the end.
                    (B) Limitation on transfers to trust fund.--
                Paragraph (2) of section 9502(f) of such Code is
                amended by striking ``October 1, 2007'' and inserting
                ``October 1, 2011''.
            (2) Transfers to trust fund.--Subparagraph (C) of section
        9502(b)(1) of such Code is amended to read as follows:
                    ``(C) section 4081 with respect to aviation
                gasoline and aviation-grade kerosene, and''.
            (3) Transfers on account of certain refunds.--
                    (A) In general.--Subsection (d) of section 9502 of
                such Code is amended--
                            (i) in paragraph (2) by striking ``(other
                        than subsection (l)(4) thereof)'', and
                            (ii) in paragraph (3) by striking ``(other
                        than payments made by reason of paragraph (4)
                        of section 6427(l))''.
                    (B) Conforming amendments.--
                            (i) Section 9503(b)(4) of such Code is
                        amended by striking ``or'' at the end of
                        subparagraph (C), by striking the period at the
                        end of subparagraph (D) and inserting a comma,
                        and by inserting after subparagraph (D) the
                        following:
                    ``(E) section 4081 to the extent attributable to
                the rate specified in clause (ii) or (iv) of section
                4081(a)(2)(A), or
                    ``(F) section 4041(c).''.
                            (ii) Section 9503(c) of such Code is
                        amended by striking the last paragraph
                        (relating to transfers from the Trust Fund for
                        certain aviation fuel taxes).
                            (iii) Section 9502(a) of such Code is
                        amended by striking ``, section 9503(c)(7),''.
            (4) Transfers on account of aviation-grade kerosene not
        used in aviation.--Section 9502(d) of such Code is amended by
        adding at the end the following new paragraph:
            ``(7) Transfers from airport and airway trust fund on
        account of aviation-grade kerosene not used in aviation.--The
        Secretary of the Treasury shall pay from time to time from the
        Airport and Airway Trust Fund into the Highway Trust Fund
        amounts as determined by the Secretary of the Treasury
        equivalent to amounts transferred to the Airport and Airway
        Trust Fund with respect to aviation-grade kerosene not used in
        aviation.''.
            (5) Expenditures for air traffic control modernization.--
        Section 9502(d) of such Code, as amended by this Act, is
        amended by adding at the end the following new paragraph:
            ``(8) Expenditures for air traffic control modernization.--
        The following amounts may be used only for making expenditures
        to carry out air traffic control modernization:
                    ``(A) So much of the amounts appropriated under
                subsection (b)(1)(C) as the Secretary estimates are
                attributable to--
                            ``(i) 14.1 cents per gallon of the tax
                        imposed at the rate specified in section
                        4081(a)(2)(A)(iv) in the case of aviation-grade
                        kerosene used other than in commercial aviation
                        (as defined in section 4083(b)), and
                            ``(ii) 4.8 cents per gallon of the tax
                        imposed at the rate specified in section
                        4081(a)(2)(A)(ii) in the case of aviation
                        gasoline used other than in commercial aviation
                        (as so defined).
                    ``(B) Any amounts credited to the Airport and
                Airway Trust Fund under section 9602(b) with respect to
                amounts described in this paragraph.''.
    (g) Effective Date.--
            (1) Modifications.--Except as provided in paragraph (2),
        the amendments made by this section shall apply to fuels
        removed, entered, or sold after December 31, 2007.
            (2) Extensions.--The amendments made by subsections (b) and
        (f)(1) shall take effect on the date of the enactment of this
        Act.
    (h) Floor Stocks Tax.--
            (1) Imposition of tax.--In the case of aviation fuel which
        is held on January 1, 2008, by any person, there is hereby
        imposed a floor stocks tax on aviation fuel equal to--
                    (A) the tax which would have been imposed before
                such date on such fuel had the amendments made by this
                section been in effect at all times before such date,
                reduced by
                    (B) the sum of--
                            (i) the tax imposed before such date on
                        such fuel under section 4081 of the Internal
                        Revenue Code of 1986, as in effect on such
                        date, and
                            (ii) in the case of kerosene held
                        exclusively for such person's own use, the
                        amount which such person would (but for this
                        clause) reasonably expect (as of such date) to
                        be paid as a refund under section 6427(l) of
                        such Code with respect to such kerosene.
            (2) Liability for tax and method of payment.--
                    (A) Liability for tax.--A person holding aviation
                fuel on January 1, 2008, shall be liable for such tax.
                    (B) Time and method of payment.--The tax imposed by
                paragraph (1) shall be paid on April 30, 2008, and in
                such manner as the Secretary of the Treasury shall
                prescribe.
            (3) Transfer of floor stock tax revenues to trust funds.--
        For purposes of determining the amount transferred to the
        Airport and Airway Trust Fund, the tax imposed by this
        subsection shall be treated as imposed by the provision of
        section 4081 of the Internal Revenue Code of 1986 which applies
        with respect to the aviation fuel involved.
            (4) Definitions.--For purposes of this subsection--
                    (A) Aviation fuel.--The term ``aviation fuel''
                means aviation-grade kerosene and aviation gasoline, as
                such terms are used within the meaning of section 4081
                of the Internal Revenue Code of 1986.
                    (B) Held by a person.--Aviation fuel shall be
                considered as held by a person if title thereto has
                passed to such person (whether or not delivery to the
                person has been made).
                    (C) Secretary.--The term ``Secretary'' means the
                Secretary of the Treasury or the Secretary's delegate.
            (5) Exception for exempt uses.--The tax imposed by
        paragraph (1) shall not apply to any aviation fuel held by any
        person exclusively for any use to the extent a credit or refund
        of the tax is allowable under the Internal Revenue Code of 1986
        for such use.
            (6) Exception for certain amounts of fuel.--
                    (A) In general.--No tax shall be imposed by
                paragraph (1) on any aviation fuel held on January 1,
                2008, by any person if the aggregate amount of such
                aviation fuel held by such person on such date does not
                exceed 2,000 gallons. The preceding sentence shall
                apply only if such person submits to the Secretary (at
                the time and in the manner required by the Secretary)
                such information as the Secretary shall require for
                purposes of this subparagraph.
                    (B) Exempt fuel.--For purposes of subparagraph (A),
                there shall not be taken into account any aviation fuel
                held by any person which is exempt from the tax imposed
                by paragraph (1) by reason of paragraph (6).
                    (C) Controlled groups.--For purposes of this
                subsection--
                            (i) Corporations.--
                                    (I) In general.--All persons
                                treated as a controlled group shall be
                                treated as 1 person.
                                    (II) Controlled group.--The term
                                ``controlled group'' has the meaning
                                given to such term by subsection (a) of
                                section 1563 of such Code; except that
                                for such purposes the phrase ``more
                                than 50 percent'' shall be substituted
                                for the phrase ``at least 80 percent''
                                each place it appears in such
                                subsection.
                            (ii) Nonincorporated persons under common
                        control.--Under regulations prescribed by the
                        Secretary, principles similar to the principles
                        of subparagraph (A) shall apply to a group of
                        persons under common control if 1 or more of
                        such persons is not a corporation.
            (7) Other laws applicable.--All provisions of law,
        including penalties, applicable with respect to the taxes
        imposed by section 4081 of such Code on the aviation fuel
        involved shall, insofar as applicable and not inconsistent with
        the provisions of this subsection, apply with respect to the
        floor stock taxes imposed by paragraph (1) to the same extent
        as if such taxes were imposed by such section.

Summary: Airport and Airway Trust Fund Financing Act of 2007 - Amends the Internal Revenue Code to (1) impose an excise tax on aviation-grade kerosene of 35.9 cents per gallon. (2) increase to 24.1 cents per gallon the tax rate for aviation gasoline. And (3) extend through FY2011 the excise tax on the transportation by air of persons and property and the excise tax on aviation gasoline and aviation-grade kerosene. Extends through FY2011 the expenditure authority for the Airport and Airway Trust Fund. Dedicates revenues from the taxes imposed on aviation gasoline and aviation-grade kerosene to carry out air traffic control modernization.

To amend the Internal Revenue Code of 1986 to extend financing for the Airport and Airway Trust Fund, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Apples for Teachers Act''.

SEC. 2. 2-PERCENT FLOOR ON MISCELLANEOUS ITEMIZED DEDUCTIONS NOT TO
              APPLY TO QUALIFIED PROFESSIONAL DEVELOPMENT EXPENSES OF
              ELEMENTARY AND SECONDARY SCHOOL TEACHERS.

    (a) In General.--Section 67(b) of the Internal Revenue Code of 1986
(defining miscellaneous itemized deductions) is amended by striking
``and'' at the end of paragraph (11), by striking the period at the end
of paragraph (12) and inserting ``, and'', and by adding at the end the
following new paragraph:
            ``(13) any deduction allowable for the qualified
        professional development expenses paid or incurred by an
        eligible teacher.''.
    (b) Definitions.--Section 67 of such Code (relating to 2-percent
floor on miscellaneous itemized deductions) is amended by adding at the
end the following new subsection:
    ``(g) Qualified Professional Development Expenses of Eligible
Teachers.--For purposes of subsection (b)(13)--
            ``(1) Qualified professional development expenses.--
                    ``(A) In general.--The term `qualified professional
                development expenses' means expenses--
                            ``(i) for tuition, fees, books, supplies,
                        equipment, and transportation required for the
                        enrollment or attendance of an individual in a
                        qualified course of instruction, and
                            ``(ii) with respect to which a deduction is
                        allowable under section 162 (determined without
                        regard to this section).
                    ``(B) Qualified course of instruction.--The term
                `qualified course of instruction' means a course of
                instruction which--
                            ``(i) is--
                                    ``(I) directly related to the
                                curriculum and academic subjects in
                                which an eligible teacher provides
                                instruction, or
                                    ``(II) designed to enhance the
                                ability of an eligible teacher to
                                understand and use State standards for
                                the academic subjects in which such
                                teacher provides instruction,
                            ``(ii) may--
                                    ``(I) provide instruction in how to
                                teach children with different learning
                                styles, particularly children with
                                disabilities and children with special
                                learning needs (including children who
                                are gifted and talented), or
                                    ``(II) provide instruction in how
                                best to discipline children in the
                                classroom and identify early and
                                appropriate interventions to help
                                children described in subclause (I) to
                                learn,
                            ``(iii) is tied to challenging State or
                        local content standards and student performance
                        standards,
                            ``(iv) is tied to strategies and programs
                        that demonstrate effectiveness in increasing
                        student academic achievement and student
                        performance, or substantially increasing the
                        knowledge and teaching skills of an eligible
                        teacher,
                            ``(v) is of sufficient intensity and
                        duration to have a positive and lasting impact
                        on the performance of an eligible teacher in
                        the classroom (which shall not include 1-day or
                        short-term workshops and conferences), except
                        that this clause shall not apply to an activity
                        if such activity is one component described in
                        a long-term comprehensive professional
development plan established by an eligible teacher and the teacher's
supervisor based upon an assessment of the needs of the teacher, the
students of the teacher, and the local educational agency involved, and
                            ``(vi) is part of a program of professional
                        development which is approved and certified by
                        the appropriate local educational agency as
                        furthering the goals of the preceding clauses.
                    ``(C) Local educational agency.--The term `local
                educational agency' has the meaning given such term by
                section 14101 of the Elementary and Secondary Education
                Act of 1965, as in effect on the date of the enactment
                of this subsection.
            ``(2) Eligible teacher.--
                    ``(A) In general.--The term `eligible teacher'
                means an individual who is a kindergarten through grade
                12 classroom teacher in an elementary or secondary
                school.
                    ``(B) Elementary or secondary school.--The terms
                `elementary school' and `secondary school' have the
                meanings given such terms by section 14101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801), as so
in effect.''.
    (b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000.

SEC. 3. CREDIT TO ELEMENTARY AND SECONDARY SCHOOL TEACHERS WHO PROVIDE
              CLASSROOM MATERIALS.

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

``SEC. 30B. CREDIT TO ELEMENTARY AND SECONDARY SCHOOL TEACHERS WHO
              PROVIDE CLASSROOM MATERIALS.

    ``(a) Allowance of Credit.--In the case of an eligible teacher,
there shall be allowed as a credit against the tax imposed by this
chapter for such taxable year an amount equal to the qualified
elementary and secondary education expenses which are paid or incurred
by the taxpayer during such taxable year.
    ``(b) Maximum Credit.--The credit allowed by subsection (a) for any
taxable year shall not exceed $400.
    ``(c) Definitions.--
            ``(1) Eligible teacher.--The term `eligible teacher' means
        an individual who is a kindergarten through grade 12 classroom
        teacher, instructor, counselor, aide, or principal in an
        elementary or secondary school on a full-time basis for an
        academic year ending during a taxable year.
            ``(2) Qualified elementary and secondary education
        expenses.--The term `qualified elementary and secondary
        education expenses' means expenses for books, supplies (other
        than nonathletic supplies for courses of instruction in health
        or physical education), computer equipment (including related
        software and services) and other equipment, and supplementary
        materials used by an eligible teacher in the classroom.
            ``(3) Elementary or secondary school.--The term `elementary
        or secondary school' means any school which provides elementary
        education or secondary education (through grade 12), as
        determined under State law.
    ``(d) Special Rules.--
            ``(1) Denial of double benefit.--No deduction shall be
        allowed under this chapter for any expense for which credit is
        allowed under this section.
            ``(2) Application with other credits.--The credit allowable
        under subsection (a) for any taxable year shall not exceed the
        excess (if any) of--
                    ``(A) the regular tax for the taxable year, reduced
                by the sum of the credits allowable under subpart A and
                the preceding sections of this subpart, over
                    ``(B) the tentative minimum tax for the taxable
                year.
    ``(e) Election To Have Credit Not Apply.--A taxpayer may elect to
have this section not apply for any taxable year.''.
    (b) Clerical Amendment.--The table of sections for subpart B of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:

                              ``Sec. 30B. Credit to elementary and
                                        secondary school teachers who
                                        provide classroom materials.''.
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000.

Summary: Apples for Teachers Act - Amends the Internal Revenue Code to: (1) make the two percent floor on miscellaneous itemized deductions inapplicable to the qualified professional development expenses incurred by teachers. And (2) allow a credit to elementary and secondary school teachers who provide classroom materials.

To amend the Internal Revenue Code of 1986 to provide tax relief to elementary and secondary school teachers.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Health Care Continuation Coverage
Act of 2002''.

SEC. 2. PREMIUM ASSISTANCE FOR COBRA CONTINUATION COVERAGE.

    (a) Establishment.--
            (1) In general.--Not later than 60 days after the date of
        enactment of this Act, the Secretary of the Treasury, in
        consultation with the Secretary of Labor, shall establish a
        program under which premium assistance for COBRA continuation
        coverage shall be provided for qualified individuals under this
        section.
            (2) Qualified individuals.--For purposes of this section, a
        qualified individual is an individual who--
                    (A) establishes that the individual--
                            (i) on or after July 1, 2001, became
                        entitled to elect COBRA continuation coverage;
                        and
                            (ii) has elected such coverage; and
                    (B) enrolls in the premium assistance program under
                this section by not later than the end of such 1-year
                period.
    (b) Limitation of Period of Premium Assistance.--Premium assistance
provided under this subsection shall end with respect to an individual
on the earlier of--
            (1) the date the individual is no longer covered under
        COBRA continuation coverage; or
            (2) 12 months after the date the individual is first
        enrolled in the premium assistance program established under
        this section.
    (c) Payment, and Crediting of Assistance.--
            (1) Amount of assistance.--Premium assistance provided
        under this section shall be equal to 100 percent of the amount
        of the premium required for the COBRA continuation coverage.
            (2) Provision of assistance.--Premium assistance provided
        under this section shall be provided through the establishment
        of direct payment arrangements with the administrator of the
        group health plan (or other entity) that provides or
        administers the COBRA continuation coverage. It shall be a
        fiduciary duty of such administrator (or other entity) to enter
        into such arrangements under this section.
            (3) Premiums payable by qualified individual reduced by
        amount of assistance.--Premium assistance provided under this
        section shall be credited by such administrator (or other
        entity) against the premium otherwise owed by the individual
        involved for such coverage.
    (d) Change in COBRA Notice.--
            (1) General notice.--
                    (A) In general.--In the case of notices provided
                under section 4980B(f)(6) of the Internal Revenue Code
                of 1986 with respect to individuals who, on or after
                July 1, 2001, become entitled to elect COBRA
                continuation coverage, such notices shall include an
                additional notification to the recipient of the
                availability of premium assistance for such coverage
                under this section.
                    (B) Alternative notice.--In the case of COBRA
                continuation coverage to which the notice provision
                under section 4980B(f)(6) of the Internal Revenue Code
                of 1986 does not apply, the Secretary of the Treasury
                shall, in coordination with administrators of the group
                health plans (or other entities) that provide or
                administer the COBRA continuation coverage involved,
                assure provision of such notice.
                    (C) Form.--The requirement of the additional
                notification under this paragraph may be met by
                amendment of existing notice forms or by inclusion of a
                separate document with the notice otherwise required.
            (2) Specific requirements.--Each additional notification
        under paragraph (1) shall include--
                    (A) the forms necessary for establishing
                eligibility under subsection (a)(2)(A) and enrollment
                under subsection (a)(2)(B) in connection with the
                coverage with respect to each covered employee or other
                qualified beneficiary;
                    (B) the name, address, and telephone number
                necessary to contact the plan administrator and any
                other person maintaining relevant information in
                connection with the premium assistance; and
                    (C) the following statement displayed in a
                prominent manner:
    ``You may be eligible to receive assistance with payment of 100
percent of your COBRA continuation coverage premiums for a duration of
not to exceed 12 months.''.
            (3) Notice relating to retroactive coverage.--In the case
        of such notices previously transmitted before the date of the
        enactment of this Act in the case of an individual described in
        paragraph (1) who has elected (or is still eligible to elect)
        COBRA continuation coverage as of the date of the enactment of
        this Act, the administrator of the group health plan (or other
        entity) involved or the Secretary of the Treasury (in the case
        described in the paragraph (1)(B)) shall provide (within 60
        days after the date of the enactment of this Act) for the
        additional notification required to be provided under paragraph
        (1).
            (4) Model notices.--The Secretary shall prescribe models
        for the additional notification required under this subsection.
    (f) Obligation of Funds.--This section constitutes budget authority
in advance of appropriations Acts and represents the obligation of the
Federal Government to provide for the payment of premium assistance
under this section.
    (g) Prompt Issuance of Guidance.--The Secretary of the Treasury, in
consultation with the Secretary of Labor, shall issue guidance under
this section not later than 30 days after the date of the enactment of
this Act.
    (h) Definitions.--In this section:
            (1) Administrator.--The term ``administrator'' has the
        meaning given such term in section 3(16) of the Employee
        Retirement Income Security Act of 1974.
            (2) COBRA continuation coverage.--The term ``COBRA
        continuation coverage'' means continuation coverage provided
        pursuant to title XXII of the Public Health Service Act,
        section 4980B of the Internal Revenue Code of 1986 (other than
        subsection (f)(1) of such section insofar as it relates to
        pediatric vaccines), part 6 of subtitle B of title I of the
        Employee Retirement Income Security Act of 1974 (other than
        under section 609), section 8905a of title 5, United States
        Code, or under a State program that provides continuation
        coverage comparable to such continuation coverage.
            (3) Group health plan.--The term ``group health plan'' has
        the meaning given such term in section 9832(a) of the Internal
        Revenue Code of 1986.
            (4) State.--The term ``State'' includes the District of
        Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
        Guam, American Samoa, and the Commonwealth of the Northern
        Mariana Islands.

SEC. 3. TEMPORARY MEDICAID COVERAGE FOR CERTAIN UNINSURED EMPLOYEES.

    (a) In General.--Notwithstanding any other provision of law, with
respect to any month, as a condition for the receipt of Federal
financial participation under title XIX of the Social Security Act, a
State shall provide, under its medicaid program under such title,
medical assistance in the case of an individual--
            (1) who has become totally or partially separated from
        employment on or after July 1, 2001;
            (2) who is not eligible for COBRA continuation coverage;
        and
            (3) who is uninsured;
and to the individual's spouse and dependents (as defined for purposes
of the Internal Revenue Code of 1986) if they also are uninsured.
    (b) Limitation of Period of Coverage.--Assistance under this
section shall end with respect to an individual on the earlier of--
            (1) the date the individual is no longer uninsured; or
            (2) 12 months after the date the individual is first
        determined to be eligible for medical assistance under this
        section.
    (c) Special Rules.--In the case of medical assistance provided
under this section--
            (1) the Federal medical assistance percentage under section
        1905(b) of the Social Security Act shall be the enhanced FMAP
        (as defined in section 2105(b) of such Act);
            (2) a State may elect to apply alternative income, asset,
        and resource limitations and the provisions of section 1916(g)
        of such Act, except that in no case shall a State cover
        individuals with higher family income without covering
        individuals with a lower family income;
            (3) such medical assistance shall not be provided for
        periods before the date the individual becomes uninsured;
            (4) individuals eligible for medical assistance under this
        section shall be deemed to be described in the list of
        individuals described in the matter preceding paragraph (1) of
        section 1905(a) of such Act;
            (5) a State may elect to provide such medical assistance
        without regard to any limitation under sections 401(a), 402(b),
        403, and 421 of the Personal Responsibility and Work
        Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611(a),
        1612(b), 1613, and 1631) and no debt shall accrue under an
        affidavit of support against any sponsor of an individual who
        is an alien who is provided such assistance, and the cost of
        such assistance shall not be considered as an unreimbursed
        cost; and
            (6) the Secretary of Health and Human Services shall not
        count, for purposes of section 1108(f)  of the Social Security
Act, such amount of payments under this section as bears a reasonable
relationship to the average national proportion of payments made under
this section for the 50 States and the District of Columbia to the
payments otherwise made under title XIX for such States and District.
    (d) Definitions.--For purposes of this subtitle:
            (1) Uninsured.--The term ``uninsured'' means, with respect
        to an individual, that the individual is not covered under--
                    (A) a group health plan (as defined in section
                2791(a) of the Public Health Service Act),
                    (B) health insurance coverage (as defined in
                section 2791(b)(1) of the Public Health Service Act),
                or
                    (C) a program under title XVIII, XIX, or XXI of the
                Social Security Act, other than under such title XIX
                pursuant to this section.
        For purposes of this paragraph, such coverage under
        subparagraph (A) or (B) shall not include coverage consisting
        solely of coverage of excepted benefits (as defined in section
        2791(c) of the Public Health Service Act).
            (2) COBRA continuation coverage.--The term ``COBRA
        continuation coverage'' means coverage under a group health
        plan provided by an employer pursuant to title XXII of the
        Public Health Service Act, section 4980B of the Internal
        Revenue Code of 1986, part 6 of subtitle B of title I of the
        Employee Retirement Income Security Act of 1974, or section
        8905a of title 5, United States Code.
            (3) State.--The term ``State'' has the meaning given such
        term for purposes of title XIX of the Social Security Act.
    (e) Effective Date.--This section shall take effect upon its
enactment, whether or not regulations implementing this section are
issued.

SEC. 4. TEMPORARY COVERAGE FOR UNSUBSIDIZED PORTION OF COBRA
              CONTINUATION PREMIUMS.

    (a) In General.--Notwithstanding any other provision of law, with
respect to COBRA continuation coverage provided for any month, as a
condition of receipt of Federal financial participation under title XIX
of the Social Security Act, a State shall provide payment of the
unsubsidized portion of the premium for COBRA continuation coverage in
the case of any individual--
            (1) who has become totally or partially separated from
        employment on or after July 1, 2001; and
            (2) who is eligible for, and has elected coverage under,
        COBRA continuation coverage;
and to the individual's spouse and dependents (as defined for purposes
of the Internal Revenue Code of 1986) if they also are eligible for
such coverage and are otherwise uninsured.
    (b) Limitation of Period of Coverage.--Premium assistance under
this section shall end with respect to an individual on the earlier
of--
            (1) the date the individual is no longer covered under
        COBRA continuation coverage; or
            (2) 12 months after the date the individual is first
        determined to be eligible for premium assistance under this
        section.
    (c) Financial Payment to States.--A State providing premium
assistance under this section shall be entitled to payment under
section 1903(a) of the Social Security Act with respect to such
assistance (and administrative expenses relating to such assistance) in
the same manner as such State is entitled to payment with respect to
medical assistance (and such administrative expenses) under such
section, except that, for purposes of this subsection, any reference to
the Federal medical assistance percentage shall be deemed a reference
to the enhanced FMAP (as defined in section 2105(b) of such Act). The
provisions of subsections (c)(5) and (c)(6) of section 3 shall apply
with respect to this section in the same manner as it applies under
such section.
    (d) Unsubsidized Portion of Premium for COBRA Continuation
Coverage.--For purposes of this section, the term `unsubsidized portion
of premium for COBRA continuation coverage' means that portion of the
premium for COBRA continuation coverage for which there is no financial
assistance available under section 2.
    (e) Effective Date.--This section shall take effect upon its
enactment, whether or not regulations implementing this section are
issued.

SEC. 5. AMENDMENT TO THE FOOD STAMP ACT OF 1977.

    (a) Amendment.--Section 5(d) of the Food Stamp Act of 1977 (7
U.S.C. 2014(d)) is amended--
            (1) by striking ``and (15)'' and inserting ``(15)'', and
            (2) by inserting before the period at the end the
        following: ``, and (16) compensation under the State's
        unemployment compensation law (including amounts payable
        pursuant to an agreement under a Federal unemployment
        compensation law)''.
    (b) Application of Amendment.--The amendment made by subsection (a)
shall not apply with respect to certification periods that begin before
the date of the enactment of this Act.

Summary: Health Care Continuation Coverage Act of 2002 - Directs the Secretary of the Treasury to establish a program to provide premium assistance for qualified individuals for Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) continuation coverage under the Public Health Service Act, the Internal Revenue Code, and the Employee Retirement Income Security Act of 1974 (ERISA). Requires States to provide temporary Medicaid coverage, under title XIX (Medicaid) of the Social Security Act, for individuals who: (1) have become totally or partially separated from employment on or after July 1, 2001, (2) are not eligible for COBRA continuation coverage. And (3) are not covered under a group health plan, health insurance, Medicare, or Medicaid. Includes coverage of such individuals' spouses and dependents who are also uninsured. Requires States, under Medicaid, to pay the unsubsidized portion of COBRA continuation benefits for individuals who: (1) have become totally or partially separated from employment on or after July 1, 2001. And (2) are eligible for COBRA continuation coverage. Includes coverage of such individuals' spouses and dependents who are also eligible and otherwise uninsured. Amends the Food Stamp Act of 1977 to exclude unemployment compensation in determining eligibility and benefits under such Act.

To provide for health care premium assistance; and to amend the Food Stamp Act of 1977 to exclude unemployment compensation for purposes of determining eligibility and benefits under such Act.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Troubled Assets Relief Program
Targeted Assets Act of 2009''.

SEC. 2. DEFINITIONS.

    Section 3 of the Emergency Economic Stabilization Act of 2008
(division A of Public Law 110-343) is amended by striking paragraph (9)
and inserting the following new paragraphs:
            ``(9) Troubled assets.--The term `troubled assets' means--
                    ``(A) any residential mortgage, and any security,
                obligation, or other instrument that is based on or
                related to such mortgage--
                            ``(i) is in pre-foreclosure;
                            ``(ii) with respect to which the borrower
                        has missed at least 2 payments within the last
                        6 months; or
                            ``(iii) which is in forbearance; or
                    ``(B) any other financial instrument that the
                Secretary, after consultation with the Chairman of the
                Board of Governors of the Federal Reserve System,
                determines the purchase of which is necessary to
                promote financial market stability, but only upon
                transmittal of such determination, in writing, to the
                appropriate committees of Congress.
            ``(10) Rehabilitated mortgage.--The term `rehabilitated
        mortgage' means a mortgage which has been restructured,
        refinanced or otherwise modified to lower the borrower's
        monthly payment--
                    ``(A) creating a front-end debt ratio, including
                the cost of mortgage principal, interest, taxes, and
                insurance, of no more than 30 percent of the gross
                monthly income of the borrower; or
                    ``(B) to a term deemed affordable by the borrower
                after full disclosure by the lender and pursuant to
                rules as may be established by the Secretary.
            ``(11) Independent appraiser.--The term `independent
        appraiser' means a person who--
                    ``(A) is licensed pursuant to the laws and
                regulations of the State where the person practices;
                    ``(B) is disclosed to the borrower or buyer; and
                    ``(C) is not coerced, extorted, induced,
                intimidated, bribed or otherwise influenced by or in
                collusion with the mortgage lender, mortgaged broker,
                mortgage banker, real estate broker, appraisal
                management company or other persons or companies having
                a vested interest in the transaction.''.

SEC. 3. LIMIT ON AUTHORITY TO WRITE OFF LOSSES.

    Section 101 of the Emergency Economic Stabilization Act of 2008
(division A of Public Law 110-343) is amended by striking subsection
(a) and inserting the following new subsection:
    ``(a) Authority.--
            ``(1) In general.--The Secretary is authorized to establish
        the Troubled Asset Restoration and Assistance Program
        (hereafter in this title referred to as the `TARAP') to allow
        the Treasury to purchase lender or servicer `losses' on
        rehabilitated mortgages, on such terms and conditions as are
        defined in this Act and determined by the Secretary.
            ``(2) Authority to purchase.--Through the TARAP, the
        Treasury shall pay up to 80 percent of the difference between
        the original asset and the rehabilitated asset to the lender or
        servicer under certain conditions.
            ``(3) Write off of remainder.--That portion of the
        difference between the original asset and the rehabilitated
        asset to the lender or servicer that is not paid for by the
        Secretary under paragraph (2) may be written to loss.''.

SEC. 4. REGULATIONS AND GUIDELINES.

    Section 101(c) of the Emergency Economic Stabilization Act of 2008
(division A of Public Law 110-343) is amended by striking paragraph (5)
and inserting the following new paragraphs:
            ``(5) Issuing such regulations and other guidance as may be
        necessary or appropriate to define terms or carry out the
        authorities or purposes of this title including determining
        qualifications for an independent appraiser, making the final
        determinations as to whether an asset is troubled, what the
        values are that will determine the amount of purchase, the
        amount of reductions in the purchase price for purposes of
        subsection (d)(2), and any other functionality issues required
        to operate the program.
            ``(6) Conforming to guidelines established in subsection
        (g), the Secretary is authorized to make all necessary rules
        and determinations regarding documented best efforts, required
        timelines, and other processes and procedures.''.

SEC. 5. ELIGIBLE ASSET.

    Section 101 of the Emergency Economic Stabilization Act of 2008
(division A of Public Law 110-343) is amended--
            (1) by striking subsection (d);
            (2) by redesignating subsection (e) as subsection (i); and
            (3) by inserting after subsection (c) the following new
        subsections:
    ``(d) Eligible Assets.--
            ``(1) In general.--An asset is eligible for TARAP if--
                    ``(A) it is the borrower's primary residence; and
                    ``(B) it--
                            ``(i) is a troubled asset, as defined in
                        section 3(9); or
                            ``(ii) it was a troubled asset but has been
                        rehabilitated by the servicer or lender (as
                        defined in section 3(10)) on or after October
                        3, 2008, and allowing the borrower to remain in
                        the borrower's home.
            ``(2) Assets not included.--An asset is not eligible for
        TARAP if--
                    ``(A) it was valued at more than 150 percent of the
                current fair market value; and
                    ``(B) the original value was assessed solely by the
                lender's appraiser,
        unless the servicer or lender agrees to such reduction in the
        purchase amount as the Secretary may require as a condition for
        the purchase.
    ``(f) Eligible Lender or Servicer.--A lender or servicer is
eligible for TARAP assistance if--
            ``(1) the lender or servicer has agreed to full disclosure
        requirements as may be established by the Secretary; or
            ``(2) the lender or servicer has agreed to use an
        independent appraiser and standard appraisal practices as may
        be established by the Secretary;
    ``(g) Program Guidelines.--
            ``(1) TARAP shall pay a servicer or lender up to 80 percent
        of the difference between the original asset and rehabilitated
        asset pursuant to such regulations as may be prescribed by the
        Secretary.
            ``(2) The servicer or lender shall use documented best
        efforts, prior to foreclosure, to work with the borrower to
        create an affordable front-end debt ratio of up to 30 percent
        of the borrower's gross monthly income.
            ``(3) The Secretary may establish mechanisms to provide for
        those assets which cannot be rehabilitated under the preceding
        guidelines.
    ``(h) Program Termination.--All authority under this section ceases
no later than December 31, 2009.''.

SEC. 6. DEFERRAL OF ALL FORECLOSURES ON ANY PRINCIPAL DWELLING OF A
              CONSUMER FOR A 90-DAY PERIOD.

    (a) In General.--Notwithstanding any provision of any State or
Federal law, after the date of the enactment of this Act, no creditor,
servicer, or holder of such mortgage, or any other person acting on
behalf of any such creditor, servicer, or holder, may take any action
to initiate a foreclosure, whether judicial or nonjudicial, or any
action in connection with a foreclosure already instituted other than
to suspend such foreclosure, with respect to any eligible mortgage of a
consumer, until the end of the 90-day period beginning on the date of
the enactment of this Act.
    (b) Action by Consumer.--
            (1) In general.--After the date of the enactment of this
        Act, any consumer shall have the right to defer any initiation
        of a foreclosure, whether judicial or nonjudicial, or any
        action in connection with a foreclosure already instituted,
        including any foreclosure sale, with respect to any eligible
        mortgage by any creditor, servicer, or holder of such mortgage,
        or any other person acting on behalf of any such creditor,
        servicer, or holder, until the end of the 90-day period
        beginning on the date of the enactment of this Act.
            (2) Enforcement of right.--Any consumer may defend against
        a foreclosure or bring an action in any court of competent or
        general jurisdiction to compel compliance with the right of the
        consumer under paragraph (1) to defer any initiation of a
        foreclosure or any action in connection with a foreclosure
        already instituted, including any foreclosure sale, with
        respect to any eligible mortgage.
    (c) Rule of Construction.--No provision of this section shall be
construed as affecting or altering the obligations of the consumer
under the terms of the eligible mortgage notwithstanding any deferral
of foreclosure.
    (d) Eligible Mortgage Defined.--For purposes of this section, the
term ``eligible mortgage'' means any residential mortgage loan to any
consumer that constitutes a first lien on the dwelling or real property
securing the loan which constitutes, or on which is located, the
principal residence of the consumer.

Summary: Troubled Assets Relief Program Targeted Assets Act of 2009 - Amends the Emergency Economic Stabilization Act of 2008 (EESA) to authorize the Secretary of the Treasury to establish the Troubled Asset Restoration and Assistance Program (TARAP) to allow the Treasury to purchase lender or servicer losses on rehabilitated mortgages, on terms and conditions determined by the Secretary. Directs the Treasury, acting through TARAP, to pay up to 80 of the difference between the original asset and the rehabilitated asset to the lender or servicer under certain conditions. Permits the portion of the difference between the original asset and the rehabilitated asset to the lender or servicer that is not paid for by the Secretary to be written to loss. Requires any regulations and other guidance the Secretary may issue to determine qualifications for an independent appraiser, and make final determinations as to: (1) whether an asset is troubled. (2) what the values are that will determine the amount of purchase. (3) the amount of reductions in the purchase price for certain otherwise ineligible assets. And (4) any other functionality issues required to operate the program. Authorizes the Secretary, conforming to specified guidelines, to make all necessary rules and determinations regarding documented best efforts, required timelines, and other processes and procedures. Identifies criteria for eligible assets and eligible lenders or servicers. Sunsets TARAP on December 31, 2009. Prohibits, for a 90-day period, a mortgage servicer, or holder, from taking action to initiate a foreclosure, or any action in connection with a foreclosure already instituted , with respect to any eligible mortgage of a consumer. Entitles a consumer to defer initiation of a foreclosure, or any action in connection with one already instituted by any creditor, servicer, or holder of a mortgage, until the end of the 90-day period beginning on the date of the enactment of this Act.

To amend the Emergency Economic Stabilization Act of 2008 to restrict which assets banks can write off as loss for purposes of the Troubled Assets Relief Program, and for other purposes.