SECTION 1. SHORT TITLE; SENSE OF CONGRESS.

    (a) Short Title.--This Act may be cited as the ``Enhanced Veteran
Healthcare Experience Act of 2011''.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the current health care system of the Department of
        Veterans Affairs is neither fiscally efficient nor effective in
        providing easily accessible treatment for all veterans;
            (2) health care can be provided more efficiently to provide
        veterans with care that is available closer to where they live
        and to allow veterans more flexibility in choosing their own
        doctors; and
            (3) better health care can be provided to veterans at
        little-to-no increased cost to the taxpayer by replacing the
        fee-based care system of the Department with the veterans
        enhanced care program, as described under section 2, and
        reprogramming funds to this program.

SEC. 2. ENHANCED CONTRACT CARE AUTHORITY FOR HEALTH CARE NEEDS OF
              VETERANS.

    (a) In General.--
            (1) Type of care.--Subsection (a) of section 1703 of title
        38, United States Code, is amended to read as follows:
    ``(a)(1) The Secretary shall provide an eligible veteran with
covered health services that are provided by a non-Department provider
whom the Secretary enters into a contract with under this section if
the Secretary determines that facilities of the Department are not
capable of--
            ``(A) economically furnishing covered health services to
        such veteran because of geographical inaccessibility; or
            ``(B) furnishing covered health services to such veteran
        because such facilities lack the required personnel, resources,
        or ability.
    ``(2) In this subsection:
            ``(A) The term `covered health services' means, with
        respect to an eligible veteran, any hospital care, medical
        service, rehabilitative service, or preventative health service
        that is authorized to be provided by the Secretary to the
        veteran under this chapter or any other provision of law.
            ``(B) The term `eligible veteran' means a veteran enrolled
        in the health care system established under section 1705(a) of
        this title who elects to receive care under this section.''.
            (2) Qualified providers; quality of care.--Such section is
        amended by adding at the end the following new subsections:
    ``(e) The Secretary may enter into a contract with a non-Department
provider under this section if such provider--
            ``(1) demonstrates the ability to provide non-Department
        health care services to veterans;
            ``(2) meets or exceeds internal credentialing standards of
        the Department and standards of the Utilization Review
        Accreditation Commission;
            ``(3) has care coordinators who help veterans make,
        confirm, and keep medical appointments;
            ``(4) has--
                    ``(A) a system that allows veterans to file
                complaints; and
                    ``(B) a demonstrated ability to respond to
                potential quality indicators and patient safety events;
                and
            ``(5) has the ability to--
                    ``(A) process claims from others in the network of
                the provider;
                    ``(B) bill a third party (as defined in section
                1725(f)(2) of this title) for care provided under this
                section, as appropriate; and
                    ``(C) transmit directly to the Secretary any
                amounts received pursuant to subparagraph (B).
    ``(f) In carrying out this section, the Secretary shall ensure the
following:
            ``(1) With respect to each medical center of the
        Department, the Secretary is consistent in determining the
        eligibility of veterans under subsection (a).
            ``(2) The Secretary includes care coordinators of a non-
        Department provider described in subsection (e)(3) in
        initiatives of the Department to provide patient-centered care
        and uses such coordinators when the Secretary is unable to
        assign a veteran a case manager from the Department.
            ``(3) The Department and a non-Department provider under
        this section exchange clinical information to improve both
        clinical decision-making and the care a veteran receives.
            ``(4) Both non-Department facilities under this section and
        Department facilities meet performance metrics regarding--
                    ``(A) the quality of health care provided; and
                    ``(B) the satisfaction of veterans.
            ``(5) A non-Department facility under this section or
        employee of the Department who exceeds performance metrics
        under paragraph (4) are eligible for incentive or bonus
        payments.
    ``(g)(1) Not later than October 31 of each year, the Secretary
shall submit to the Committee of Veterans' Affairs of the Senate and
the Committee on Veterans' Affairs of the House of Representatives a
report on care provided under this section, including--
            ``(A) the cost to the Department;
            ``(B) the number of veterans receiving care under this
        section;
            ``(C) the quality of such care and the satisfaction of such
        veterans; and
            ``(D) other matters the Secretary considers appropriate.
    ``(2) Not later than March 1 of each odd-numbered year, the
Secretary shall submit to the Committee of Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the allocation of resources with respect to
care provided by the Department and by non-Department facilities.''.
            (3) Effective date.--The amendments made by paragraphs (1)
        and (2) shall take effect on October 1, 2012.
    (b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out section 1703 of title 38,
United States Code, as amended by this section, for fiscal year 2013
$5,000,000,000.

Summary: Enhanced Veteran Healthcare Experience Act of 2011 - Expresses the sense of Congress that better health care can be provided to veterans at little-to-no increased cost by revising the Department of Veterans Affairs (VA) fee-based system for hospital care and medical services in non-VA facilities. Directs the Secretary of Veterans Affairs to provide certain enrolled veterans with health services that are provided by a non-VA provider with whom the Secretary enters into a contract pursuant to this Act if the Secretary determines that VA facilities are incapable of furnishing such services because of: (1) geographical inaccessibility. Or (2) a lack of required personnel, resources, or ability at VA facilities. Authorizes the Secretary to enter a contract with a non-VA provider that: (1) demonstrates the ability to provide non-VA health care services to veterans. (2) meets or exceeds credentialing standards of the VA and the Utilization Review Accreditation Commission. (3) has coordinators who help veterans make, confirm, and keep medical appointments, a system that allows veterans to file complaints, and a demonstrated ability to respond to potential quality indicators and patient safety events. And (4) has the ability to process claims from other providers in its network, bill third parties, and transmit received amounts to the Secretary. Sets forth requirements concerning the VA's coordination with non-VA providers, performance metrics, and bonus payments for exceeding such metrics.

To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to enter into contracts with health care providers to improve access to health care for veterans who have difficulty receiving treatment at a health care facility of the Department of Veterans Affairs, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Death Penalty Abolition Act
of 1999''.

SEC. 2. REPEAL OF FEDERAL LAWS PROVIDING FOR THE DEATH PENALTY.

    (a) Homicide-Related Offenses.--
            (1) Murder related to the smuggling of aliens.--Section
        274(a)(1)(B)(iv) of the Immigration and Nationality Act (8
        U.S.C. 1324(a)(1)(B)(iv)) is amended by striking ``punished by
        death or''.
            (2) Destruction of aircraft, motor vehicles, or related
        facilities resulting in death.--Section 34 of title 18, United
        States Code, is amended by striking ``to the death penalty
        or''.
            (3) Murder committed during a drug-related drive-by
        shooting.--Section 36(b)(2)(A) of title 18, United States Code,
        is amended by striking ``death or''
            (4) Murder committed at an airport serving international
        civil aviation.--Section 37(a) of title 18, United States Code,
        is amended, in the matter following paragraph (2), by striking
        ``punished by death or''.
            (5) Civil rights offenses resulting in death.--Chapter 13
        of title 18, United States Code, is amended--
                    (A) in section 241, by striking ``, or may be
                sentenced to death'';
                    (B) in section 242, by striking ``, or may be
                sentenced to death'';
                    (C) in section 245(b), by striking ``, or may be
                sentenced to death''; and
                    (D) in section 247(d)(1), by striking ``, or may be
                sentenced to death''.
            (6) Murder of a member of congress, an important executive
        official, or a supreme court justice.--Section 351 of title 18,
        United States Code, is amended--
                    (A) in subsection (b)(2), by striking ``death or'';
                and
                    (B) in subsection (d)(2), by striking ``death or''.
            (7) Death resulting from offenses involving transportation
        of explosives, destruction of government property, or
        destruction of property related to foreign or interstate
        commerce.--Section 844 of title 18, United States Code, is
        amended--
                    (A) in subsection (d), by striking ``or to the
                death penalty'';
                    (B) in subsection (f)(3), by striking ``subject to
                the death penalty, or'';
                    (C) in subsection (i), by striking ``or to the
                death penalty''; and
                    (D) in subsection (n), by striking ``(other than
                the penalty of death)''.
            (8) Murder committed by use of a firearm during commission
        of a crime of violence or a drug trafficking crime.--Section
        924(j)(1) of title 18, United States Code, is amended by
        striking ``by death or''.
            (9) Genocide.--Section 1091(b)(1) of title 18, United
        States Code, is amended by striking ``death or''.
            (10) First degree murder.--Section 1111(b) of title 18,
        United States Code, is amended by striking ``by death or''.
            (11) Murder by a federal prisoner.--Section 1118 of title
        18, United States Code, is amended--
                    (A) in subsection (a), by striking ``by death or'';
                and
                    (B) in subsection (b), in the third undesignated
                paragraph--
                            (i) by inserting ``or'' before ``an
                        indeterminate''; and
                            (ii) by striking ``, or an unexecuted
                        sentence of death''.
            (12) Murder of a state or local law enforcement official or
        other person aiding in a federal investigation; murder of a
        state correctional officer.--Section 1121 of title 18, United
        States Code, is amended--
                    (A) in subsection (a), by striking ``by sentence of
                death or''; and
                    (B) in subsection (b)(1), by striking ``or death''.
            (13) Murder during a kidnaping.--Section 1201(a) of title
        18, United States Code, is amended by striking ``death or''.
            (14) Murder during a hostage-taking.--Section 1203(a) of
        title 18, United States Code, is amended by striking ``death
        or''.
            (15) Murder with the intent of preventing testimony by a
        witness, victim, or informant.--Section 1512(a)(2)(A) of title
        18, United States Code, is amended by striking ``the death
        penalty or''.
            (16) Mailing of injurious articles with intent to kill or
        resulting in death.--Section 1716(i) of title 18, United States
        Code, is amended by striking ``to the death penalty or''.
            (17) Assassination or kidnaping resulting in the death of
        the president or vice president.--Section 1751 of title 18,
        United States Code, is amended--
                    (A) in subsection (b)(2), by striking ``death or'';
                and
                    (B) in subsection (d)(2), by striking ``death or''.
            (18) Murder for hire.--Section 1958(a) of title 18, United
        States Code, is amended by striking ``death or''.
            (19) Murder involved in a racketeering offense.--Section
        1959(a)(1) of title 18, United States Code, is amended by
        striking ``death or''.
            (20) Willful wrecking of a train resulting in death.--
        Section 1992(b) of title 18, United States Code, is amended by
        striking ``to the death penalty or''.
            (21) Bank robbery-related murder or kidnaping.--Section
        2113(e) of title 18, United States Code, is amended by striking
        ``death or''.
            (22) Murder related to a carjacking.--Section 2119(3) of
        title 18, United States Code, is amended by striking ``, or
        sentenced to death''.
            (23) Murder related to aggravated child sexual abuse.--
        Section 2241(c) of title 18, United States Code, is amended by
        striking ``unless the death penalty is imposed,''.
            (24) Murder related to sexual abuse.--Section 2245 of title
        18, United States Code, is amended by striking ``punished by
        death or''.
            (25) Murder related to sexual exploitation of children.--
        Section 2251(d) of title 18, United States Code, is amended by
        striking ``punished by death or''.
            (26) Murder committed during an offense against maritime
        navigation.--Section 2280(a)(1) of title 18, United States
        Code, is amended by striking ``punished by death or''.
            (27) Murder committed during an offense against a maritime
        fixed platform.--Section 2281(a)(1) of title 18, United States
        Code, is amended by striking ``punished by death or''.
            (28) Terrorist murder of a united states national in
        another country.--Section 2332(a)(1) of title 18, United States
        Code, is amended by striking ``death or''.
            (29) Murder by the use of a weapon of mass destruction.--
        Section 2332a of title 18, United States Code, is amended--
                    (A) in subsection (a), by striking ``punished by
                death or''; and
                    (B) in subsection (b), by striking ``by death,
                or''.
            (30) Murder by act of terrorism transcending national
        boundaries.--Section 2332b(c)(1) of title 18, United States
        Code, is amended by striking ``by death, or''.
            (31) Murder involving torture.--Section 2340A(a) of title
        18, United States Code, is amended by striking ``punished by
        death or''.
            (32) Murder related to a continuing criminal enterprise or
        related murder of a federal, state, or local law enforcement
        officer.--Section 408 of the Controlled Substances Act (21
        U.S.C. 848) is amended--
                    (A) in each of subparagraphs (A) and (B) of
                subsection (e)(1), by striking ``, or may be sentenced
                to death'';
                    (B) by striking subsections (g) and (h) and
                inserting the following:
    ``(g) [Reserved.]
    ``(h) [Reserved.]'';
                    (C) in subsection (j), by striking `` and as to
                appropriateness in that case of imposing a sentence of
                death'';
                    (D) in subsection (k), by striking ``, other than
                death,'' and all that follows before the period at the
                end and inserting ``authorized by law''; and
                    (E) by striking subsections (l) and (m) and
                inserting the following:
    ``(l) [Reserved.]
    ``(m) [Reserved.]''.
            (33) Death resulting from aircraft hijacking.--Section
        46502 of title 49, United States Code, is amended--
                    (A) in subsection (a)(2), by striking ``put to
                death or''; and
                    (B) in subsection (b)(1)(B), by striking ``put to
                death or''.
    (b) Non-Homicide Related Offenses.--
            (1) Espionage.--Section 794(a) of title 18, United States
        Code, is amended by striking ``punished by death or'' and all
        that follows before the period and inserting ``imprisoned for
        any term of years or for life''.
            (2) Treason.--Section 2381 of title 18, United States Code,
        is amended by striking ``suffer death, or''.
    (c) Repeal of Criminal Procedures Relating To Imposition of Death
Sentence.--
            (1) In general.--Chapter 228 of title 18, United States
        Code, is repealed.
            (2) Technical and conforming amendment.--The table of
        chapters for part II of title 18, United States Code, is
        amended by striking the item relating to chapter 228.

SEC. 3. PROHIBITION ON IMPOSITION OF DEATH SENTENCE.

    (a) In General.--Notwithstanding any other provision of law, no
person may be sentenced to death or put to death on or after the date
of enactment of this Act for any violation of Federal law .
    (b) Persons Sentenced Before Date of Enactment.--Notwithstanding
any other provision of law, any person sentenced to death before the
date of enactment of this Act for any violation of Federal law shall
serve a sentence of life imprisonment without the possibility of
parole.

Summary: Prohibits sentencing to death or putting to death any person for any violation of Federal law. Directs that any person sentenced to death before the date of this Act's enactment for any such violation serve a sentence of life imprisonment without the possibility of parole.


.

    Within 180 days after the date of enactment of this Act, the
Surface Transportation Board shall promulgate regulations adopting a
simplified dispute resolution mechanism with the following features:
            (1) In general.--The simplified dispute resolution
        mechanism will utilize expedited arbitration with a minimum of
        discovery and may be used to decide disputes between parties
        involving any matter subject to the jurisdiction of the Board,
        other than rate reasonableness cases that would be decided
        under constrained market pricing principles.
            (2) Applicable standards.--Arbitrators will apply existing
        legal standards.
            (3) Mandatory if requested.--Use of the simplified dispute
        resolution mechanism is required whenever at least one party to
        the dispute requests.
            (4) 90-day turnaround.--Arbitrators will issue their
        decisions within 90 days after being appointed.
            (5) Payment of costs.--Each party will pay its own costs,
        and the costs of the arbitration and other administrative costs
        of arbitration will be shared equally between and among the
        parties.
            (6) Decisions private; not precedential.--Except as
        otherwise provided by the Board, decisions will remain private
        and will not constitute binding precedent.
            (7) Decisions binding and enforceable.--Except as otherwise
        provided in paragraph (8), decisions will be binding and
        enforceable by the Board.
            (8) Right to appeal.--Any party will have an unqualified
        right to appeal any decision to the Board, in which case the
        Board will decide the matter de novo. In making its decision,
        the Board may consider the decision of the arbitrator and any
        evidence and other material developed during the arbitration.
            (9) Mutual modification.--Any procedure or regulation
        adopted by the Board with respect to the simplified dispute
        resolution may be modified or eliminated by mutual agreement of
        all parties to the dispute.

SEC. 9. PROMOTION OF COMPETITIVE RAIL SERVICE OPTIONS.

    Section 11324 of title 49, United States Code, is amended--
            (1) by striking ``and'' in paragraph (4) of subsection (b);
            (2) by striking ``system.'' in paragraph (5) of subsection
        (b) and inserting ``system; and'';
            (3) by adding at the end of subsection (b) the following:
            ``(6) means and methods to encourage and expand competition
        between and among rail carriers in the affected region or the
        national rail system.''; and
            (4) by inserting after the second sentence in subsection
        (c) the following: ``The Board may impose conditions to
        encourage and expand competition between and among rail
        carriers in the affected region or the national rail system, if
        such conditions do not cause substantial harm to the benefits
        of the transaction to the affected carriers or the public.''.

SEC. 10. CLARIFICATION OF STB AUTHORITY TO GRANT TEMPORARY ACCESS
              RELIEF.

    (a) Section 10705 of title 49, United States Code, is amended by
adding at the end thereof the following:
    ``(d) The Board may grant temporary relief under this section when
the Board finds it necessary and appropriate to do so to remedy
inadequate service. The authority provided in this section is in
addition to the authority of the Board to provide temporary relief
under sections 11102 and 11123 of this title.''.
    (b) Section 11102 of title 49, United States Code, is amended by
adding at the end thereof the following:
    ``(e) The Board may grant temporary relief under subsections (a)
and (c) when the Board finds it necessary and appropriate to do so to
remedy inadequate service. The authority provided in this section is in
addition to the authority of the Board to provide temporary relief
under sections 10705 and 11123 of this title.''.
    (c) Section 11123 of title 49, United States Code, is amended by
adding at the end thereof the following:
    ``(e) The authority provided in this section is in addition to the
authority of the Board to provide temporary relief under sections 10705
and 11102 of this title.''.

SEC. 11. HOUSEHOLD GOODS COLLECTIVE ACTIVITIES.

    Section 13703(d) of title 49, United States Code,

is amended by inserting ``(other than an agreement affecting only the
transportation of household goods, as defined on December 31, 1995)''
after ``agreement'' in the first sentence.

SEC. 12. AUTHORIZATION LEVELS.

    There are authorized to be appropriated to the Surface
Transportation Board $16,000,000 for fiscal year 1999, $17,000,000 for
fiscal year 2000, $17,555,000 for fiscal year 2001, and $18,129,000 for
fiscal year 2002.

SEC. 13. CHAIRMAN DESIGNATED WITH SENATE CONFIRMATION.

    Section 701(c)(1) of title 49, United States Code, is amended by
striking ``President'' and inserting ``President, by and with the
advice and consent of the Senate,''.

Summary: Surface Transportation Board Reauthorization and Improvement Act of 1999 - Amends Federal transportation law to declare that it is US rail transportation policy to: (1) encourage and promote effective competition within the rail industry. And (2) discourage artificial barriers to interchange and car supply which can impede competition between shortline, regional, and Class I carriers and block effective rail service to shippers. Extends from 30 days to 60 days the period of time that the Surface Transportation Board may direct the handling, routing, and movement of rail carrier traffic during emergency situations involving congestion of traffic, unauthorized cessation of operations, or other failure of traffic movement. Directs the Board to: (1) review rules and procedures applicable to rate complaints and other complaints filed with it by small shippers. And (2) identify, and reduce or eliminate, any such rules or procedures that are unduly burdensome to them. And (3) notify specified congressional committees that such changes in the rules and procedures are appropriate. Prohibits the Board from considering evidence of product or geographic competition when making market dominance determinations in rail rate proceedings. Amends US rail transportation policy to eliminate a requirement that the Board make a determination with respect to what are adequate revenues for rail carriers in the promotion of a safe and efficient rail transportation system. Requires the Board, in order to facilitate the process by which it gives due consideration to the policy that rail carriers shall earn adequate revenues, to convene a three-member panel of outside experts to make recommendations as to an appropriate methodology by which the adequacy of a carrier's revenues should be considered. Provides for situations in which a shipper and rail carrier enter into a contract for transportation that requires a through route with the connecting carrier and there is no reasonable alternative route that can be constructed without the connecting carrier' participation. Requires a connecting carrier in such a situation, upon request, to establish a through route and a contract rate for such transportation unless the connecting carrier shows that: (1) the interchange requested is not operationally feasible. Or (2) the through route would significantly impair the connecting carrier's ability to serve its other traffic. Requires contract rate complaints to be limited to the rate that applies to the portion of the through route not governed by the contract. Directs the Board to promulgate regulations adopting a simplified dispute resolution mechanism that will expedite the arbitration of disputes before the Board . Requires the Board, in proceedings which involve the merger or control of at least two Class I railroads, to consider, among other things, means and methods to encourage and expand competition between and among rail carriers in the affected region or the national rail system. Authorizes the Board to impose conditions to encourage and expand such competition, provided that they do not cause substantial harm to the benefits of the transaction to the affected carriers or the public. Authorizes the Board to grant temporary access relief to a rail carrier to through routes or terminal facilities in order to remedy inadequate rail service. Excludes agreements affecting only the transportation of household goods from the requirement that Board approval of route and rate agreements between motor carriers expire within three years of such approval unless renewed. Authorizes appropriations. Requires Senate confirmation with respect to the appointment of the Board Chairman.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Discredit Eternal Listing Inequality
of Species Takings Act'' or the ``DELIST Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Delhi Sands Flower-loving Fly (Rhaphiomidas
        terminates abdominalis) was listed as an endangered species
        under the Endangered Species Act of 1973 (16 U.S.C. 1531 et
        seq.) on September 23, 1993 (58 Fed. Reg. 49881).
            (2) Nineteen years have passed since the Delhi Sands
        Flower-loving Fly was listed as an endangered species.
            (3) The Delhi Sands Flower-loving Fly's listing was based
        on a high degree of threat and a low potential for recovery for
        a listed subspecies that may be in conflict with construction
        or other development projects or other forms of economic
        activity.
            (4) On September 14, 1997, a recovery plan was issued for
        the Delhi Sands Flower-loving Fly. The plan claimed that the
        resolution of current population data is too poor to
        effectively evaluate abundance trends or population
        distributions due to the cryptic nature and rarity of the Delhi
        Sands flower-loving Fly. Thus, the recovery plan by definition
        could not establish delisting criteria.
            (5) The United States Fish and Wildlife Service's report
        entitled ``Delhi Sands Flower-loving Fly (Rhaphiomidas
        terminatus abdominalis) 5-Year Review: Summary and Evaluation''
        (March 2008; referred to in this section as the ``5-year review
        report'') establishes that down-listing criterion 2 cannot be
        evaluated with current knowledge of the Delhi Sands Flower-
        loving Fly.
            (6) None of the Delhi Sands Flower-loving Fly conservation
        areas are currently managed to maintain perpetual sand supply.
        There is currently insufficient information to determine the
        extent or long-term importance of this impact to maintaining
        the dune ecosystem.
            (7) The cryptic nature and low density of Delhi Sands
        Flower-loving Fly complicate efforts to effectively monitor
        population abundance.
            (8) To date, it has proven difficult to conduct surveys
        that reliably quantify relevant population variables (e.g.,
        density and relative abundance), and no populations are
        regularly surveyed with sufficient effort to effectively
        monitor population trends.
            (9) Public support for conservation of the sand dune system
        upon which the Delhi Sands Flower-loving Fly depends is
        limited.
            (10) The life history of the Delhi Sands Flower-loving Fly
        is largely unknown.
            (11) The 5-year review report asserts that the Delhi Sands
        Flower-loving Fly was not used to explain larval stages of such
        fly because the population was too low. Instead, a comparison
        of entomologists observed several larvae of Rhaphiomidas
        trochilus, and because R. trochilus is closely related to the
        Delhi Sands Flower-loving Fly, these observations were used to
        understand larval biology of the Delhi Sands Flower-loving Fly.
            (12) A commenter mentioned in the 5-year review report
        suggested that the Delhi Sands Flower-loving Fly may be non-
        native to the Riverside/San Bernardino area and may have been
        accidentally introduced by the early settlers.
            (13) There is no new information in the scientific
        literature suggesting that the range of the Delhi Sands Flower-
        loving Fly is more extensive than initially identified.
            (14) Although the area of potentially suitable habitat has
        expanded, no newly discovered occupied site supports a major
        population of the Delhi Sands Flower-loving Fly that was not
        known at the time of the listing.
            (15) Within the section of the 5-year review report
        relating to abundance, it stated that no clear trends emerge
        from the demographic data that have been generated since the
        listing of the Delhi Sands Flower-loving Fly. Due to the
        cryptic nature and rarity of the Delhi Sands flower loving fly,
        it is difficult to accurately estimate abundance or density for
        this subspecies.
            (16) The 5-year review report claims range-wide surveys
        have not been attempted due to lack of funding and issues with
        access to privately owned properties.
            (17) The 5-year review report indicated that United States
        Fish and Wildlife Service biologists initiated a study in 2004
        designed to improve Delhi Sands Flower-loving Fly survey
        protocol recommendations. This study required the effort of 3
        biologists working 6 days a week during the peak of the flight
        season, and the data were only marginally adequate to estimate
        abundance, density, and detection probability. This effort
        indicated that measurement of population demographic trends
        will likely require substantial effort unless new techniques
        prove effective.
            (18) Because most Delhi Sands Flower-loving Fly habitat is
        in private ownership and no regulations are in place to address
        loss of unoccupied Delhi Sands Flower-loving Fly habitat, the
        permanent loss of potential and restorable Delhi Sands Flower-
        loving Fly habitat important to recovery often proceeds.
            (19) Most of the existing Delhi Sands Flower-loving Fly
        conservation sites are likely too small and fragmented to
        sustain Delhi Sands Flower-loving Fly populations through time.
            (20) In addition, while protected from development, most of
        the existing conservation areas remain susceptible to invasion
        by nonnative grasses, off-road vehicle use, and other
        disturbances.
            (21) Most conservation areas do not have monitoring
        programs to track Delhi Sands flower-loving fly occupancy or
        habitat quality.
            (22) With at least 90 percent loss of historical Delhi
        Soils, potential and suitable Delhi Sands Flower-loving Fly
        habitat available for conservation and restoration is extremely
        limited.
            (23) At the time of listing in 1993, there were only five
        small, isolated, extant populations of Delhi Sands Flower-
        loving Fly.
            (24) The 5-year review report states that recent
        observations, and the continued habitat loss and fragmentation,
        all suggest that population sizes of the Delhi Sands Flower-
        loving Fly are likely to be very small. Here, it is clear that
        the United States Fish and Wildlife Service does not know the
        size of the population. It may be possible that there is no
        longer a population to protect.
            (25) It is commonly accepted in conservation biology that
        small populations have higher probabilities of extinction than
        larger populations because their low numbers make them
        susceptible to inbreeding, loss of genetic variation, high
        variability in age and sex ratios, demographic stochasticity,
        and random naturally occurring events such as wildfires,
        floods, droughts, or disease epidemics.
            (26) Delhi Sands Flower-loving Fly populations were
        considered to be at risk at the time the subspecies was listed
        because of their small size and habitat fragmentation. We have
        no information suggesting that these threats have been
        ameliorated since the time of listing.
            (27) Monitoring efforts since the time of listing, though
        limited, do not suggest population increases, and it is
        reasonable to believe that Delhi Sands Flower-loving Fly
        populations are likely to be very small.
            (28) Together, small population size, isolation,
        populations in fragmented habitat, and increased vulnerability
        to introduced predators and competitors increase the risk of
        extirpation of the remaining Delhi Sands Flower-loving Fly
        populations.
            (29) Continued listing of the Delhi Sands Flower-loving Fly
        as an endangered species is not based on the best scientific
        and commercial data available. The 5-year review report relied
        on research conducted in 1993 or 2002. The research is 19 and 9
        years old, respectively. The 5-year review report has not shown
        that the Delhi Sands Flower-loving Fly exist nor has there been
        a substantial increase of population during the 19 years of
        protection by the Endangered Species Act of 1973 (16 U.S.C.
        1531 et seq.).

SEC. 3. TREATMENT OF CERTAIN SPECIES AS EXTINCT.

    Section 4(a) of the Endangered Species Act of 1973 (16 U.S.C. 1531
et sq.) is amended by adding at the end the following new paragraph:
    ``(4) Treatment of Certain Species as Extinct.--(A) A limited
listed species shall be treated as extinct for purposes of this Act
upon the expiration of the 15-year period beginning on the date it is
determined by the Secretary to be an endangered species, unless the
Secretary publishes a finding that--
            ``(i) there has been a substantial increase in the
        population of the species during that period; or
            ``(ii) the continued listing of the species does not impose
        any economic hardship on communities located in the range of
        the species.
    ``(B) In this paragraph the term `limited listed species' means any
species that is listed under subsection (c) as an endangered species
for which it is not reasonably possible to determine whether the
species has been extirpated from the range of the species that existed
on the date the species was listed because not all individuals of the
species were identified at the time of such listing.''.

Summary: Discredit Eternal Listing Inequality of Species Takings Act or the DELIST Act - Amends the Endangered Species Act of 1973 (ESA) to treat a limited listed species as extinct for purposes of this Act upon the expiration of the 15-year period beginning on the date it is determined by the Secretary of the Interior to be an endangered species, unless the Secretary publishes a finding that: (1) there has been a substantial increase in the population of the species during that period. Or (2) the continued listing of the species does not impose any economic hardship on communities located in the range of the species. Defines limited listed species as any species that is listed as an endangered species for which it is not reasonably possible to determine whether the species has been extirpated from the range of the species that existed on the date the species was listed because not all individuals of the species were identified at the time of such listing.

To amend the Endangered Species Act of 1973 to require that certain species be treated as extinct for purposes of that Act if there is not a substantial increase in the population of a species during the 15-year period beginning on the date the species is determined to be an endangered species, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Border Patrol Pay Reform Act of
2013''.

SEC. 2. BORDER PATROL RATE OF PAY.

    (a) Purpose.--The purposes of this section are--
            (1) to strengthen the U.S. Customs and Border Protection
        and to ensure that Border Patrol agents are sufficiently ready
        to conduct necessary work and will perform overtime hours in
        excess of a 40-hour workweek based on the needs of the
        employing agency; and
            (2) to ensure that U.S. Customs and Border Protection has
        the flexibility to cover shift changes and retains the right to
        assign scheduled and unscheduled work for mission requirements
        and planning based on operational need.
    (b) Rates of Pay.--Subchapter V of chapter 55 of title 5, United
States Code, is amended by inserting after section 5549 the following:
``Sec. 5550. Border patrol rate of pay
    ``(a) Definitions.--In this section--
            ``(1) the term `available to work', as used with respect to
        a Border Patrol agent, means that such agent is generally and
        reasonably accessible by U.S. Customs and Border Protection to
        perform unscheduled duty based on the needs of U.S. Customs and
        Border Protection;
            ``(2) the term `Border Patrol agent' means an individual
        who is performing functions included under position
        classification series 1896 (Border Patrol Enforcement) of the
        Office of Personnel Management, or any successor thereto,
        including, in the case of an individual performing the
        aforementioned functions, while such individual is performing
        covered border patrol activities;
            ``(3) the term `covered border patrol activities', as used
        with respect to a Border Patrol agent, means--
                    ``(A) detecting and preventing illegal entry and
                smuggling of aliens, commercial goods, narcotics,
                weapons, or contraband into the United States;
                    ``(B) arresting individuals suspected of conduct
                described in subparagraph (A);
                    ``(C) attending training authorized by U.S. Customs
                and Border Protection;
                    ``(D) being on approved annual, sick, or
                administrative leave;
                    ``(E) being on ordered travel status;
                    ``(F) being on official time, within the meaning of
                section 7131;
                    ``(G) being on excused absence with pay for
                relocation purposes;
                    ``(H) being on light duty due to injury or
                disability;
                    ``(I) performing administrative duties or mission
                critical work assignments while maintaining law
                enforcement authority;
                    ``(J) caring for the canine assigned to the Border
                Patrol agent, which may not exceed 1 hour per day; or
                    ``(K) engaging in an activity similar to an
                activity described in any of the preceding
                subparagraphs while temporarily away from the regular
                duty assignment of the Border Patrol agent;
            ``(4) the term `level 1 border patrol rate of pay', as used
        with respect to a Border Patrol agent, means the rate equal to
        1.25 times the hourly rate of basic pay otherwise applicable to
        such agent;
            ``(5) the term `level 2 border patrol rate of pay', as used
        with respect to a Border Patrol agent, means the rate equal to
        1.125 times the hourly rate of basic pay otherwise applicable
        to such agent; and
            ``(6) the term `work period' means a 14-day biweekly pay
        period.
    ``(b) Receipt of Border Patrol Rate of Pay.--
            ``(1) Voluntary election.--
                    ``(A) In general.--Not later than 30 days before
                the first day of each year beginning after the date of
                enactment of this section, a Border Patrol agent shall
                make an election as to whether such agent shall, for
                such year--
                            ``(i) be assigned to the level 1 border
                        patrol rate of pay;
                            ``(ii) be assigned to the level 2 border
                        patrol rate of pay; or
                            ``(iii) decline both the level 1 and the
                        level 2 border patrol rates of pay.
                    ``(B) Procedures.--The Director of the Office of
                Personnel Management shall establish procedures for an
                election under subparagraph (A).
                    ``(C) Information regarding election.--Not later
                than 60 days before the first day of each year
                beginning after the date of the enactment of this
                section, U.S. Customs and Border Protection shall
                provide each Border Patrol agent with information
                regarding each type of election available under
                subparagraph (A) and how to make such an election.
                    ``(D) Failure to elect.--A Border Patrol agent who
                fails to make a timely election under subparagraph (A)
                shall be deemed to have made an election under clause
                (i) thereof.
                    ``(E) Sense of congress.--It is the sense of
                Congress that U.S. Customs and Border Protection should
                take such action as is necessary to ensure that not
                more than 10 percent of the Border Patrol agents
                stationed at a location decline to be assigned to the
                level 1 border patrol rate of pay or the level 2 border
                patrol rate of pay.
            ``(2) Level 1 border patrol rate of pay.--For a Border
        Patrol agent who has in effect an election under paragraph
        (1)(A)(i)--
                    ``(A) the Border Patrol agent shall be scheduled to
                work for 5 days per week--
                            ``(i) 8 hours of regular time per day; and
                            ``(ii) 2 additional hours of scheduled
                        overtime on each day such agent is scheduled to
                        work under clause (i);
                    ``(B) for the hours of regular time work described
                in subparagraph (A)(i), the Border Patrol agent shall
                receive pay at the level 1 border patrol rate of pay;
                    ``(C) for the hours of regularly scheduled overtime
                work described in subparagraph (A)(ii), the Border
                Patrol agent shall not receive--
                            ``(i) additional compensation under this
                        section or any other provision of law; or
                            ``(ii) compensatory time off;
                    ``(D) any hours during which the Border Patrol
                agent is available to work during a work period shall
                be included in the hours of regular time or regularly
                scheduled overtime scheduled under subparagraph (A);
                    ``(E) the Border Patrol agent shall receive
                compensatory time off or pay at the overtime hourly
                rate of pay for hours of work in excess of 100 hours
                during a work period, as determined in accordance with
                section 5542(a)(7); and
                    ``(F) the Border Patrol agent shall be charged
                leave in increments of 8 hours for 1 shift of leave,
                regardless of the length of the shift.
            ``(3) Level 2 border patrol rate of pay.--For a Border
        Patrol agent who has in effect an election under paragraph
        (1)(A)(ii)--
                    ``(A) the Border Patrol agent shall be scheduled to
                work for 5 days per week--
                            ``(i) 8 hours of regular time per day; and
                            ``(ii) 1 additional hour of scheduled
                        overtime during on each day such agent is
                        scheduled to work under clause (i);
                    ``(B) for the hours of regular time work described
                in subparagraph (A)(i), the Border Patrol agent shall
                receive pay at the level 2 border patrol rate of pay;
                    ``(C) for the hours of regularly scheduled overtime
                work described in subparagraph (A)(ii), the Border
                Patrol agent shall not receive--
                            ``(i) additional compensation under this
                        section or any other provision of law; or
                            ``(ii) compensatory time off;
                    ``(D) any hours during which the Border Patrol
                agent is available to work during a work period shall
                be included in the hours of regular time or regularly
                scheduled overtime scheduled under subparagraph (A);
                    ``(E) the Border Patrol agent shall receive
                compensatory time off or pay at the overtime hourly
                rate of pay for hours of work in excess of 90 hours
                during a work period, as determined in accordance with
                section 5542(a)(7); and
                    ``(F) the Border Patrol agent shall be charged
                leave in increments of 8 hours for 1 shift of leave,
                regardless of the length of the shift.
            ``(4) Basic border patrol rate of pay.--For a Border Patrol
        agent who has in effect an election under paragraph
        (1)(A)(iii)--
                    ``(A) the Border Patrol agent shall be scheduled to
                work 8 hours of regular time per day, 5 days per week;
                    ``(B) any hours during which the Border Patrol
                agent is available to work during a work period shall
                be included in the hours of regular time scheduled
                under subparagraph (A); and
                    ``(C) the Border Patrol agent shall receive
                compensatory time off or pay at the overtime hourly
                rate of pay for hours of work in excess of 80 hours
                during a work period, as determined in accordance with
                section 5542(a)(7).
    ``(c) Eligibility for Other Premium Pay.--A Border Patrol agent--
            ``(1) shall receive premium pay for night work in
        accordance with subsections (a) and (b) of section 5545 and
        Sunday and holiday pay in accordance with section 5546, without
        regard to the election of the Border Patrol agent under
        subsection (b)(1)(A), except that section 5546(d) shall not
        apply and eligibility for pay for, and the rate of pay for, any
        overtime work shall be determined in accordance with this
        section and section 5542(a)(7); and
            ``(2) shall not be eligible for any other form of premium
        pay under this title, except as provided in section 5542(a)(7).
    ``(d) Treatment as Basic Pay.--Any pay received at the level 1
border patrol rate of pay or the level 2 border patrol rate of pay or
pay described in subsection (b)(3)(B) shall be treated as part of basic
pay for--
            ``(1) purposes of sections 5595(c), 8114(e), 8331(3), and
        8704(c);
            ``(2) any other purpose that the Office of Personnel
        Management may by regulation prescribe; and
            ``(3) any other purpose expressly provided for by law.
    ``(e) Authority To Require Overtime Work.--Nothing in this section
shall be construed to limit the authority of U.S. Customs and Border
Protection to require a Border Patrol agent to perform hours of
overtime work in accordance with the needs of U.S. Customs and Border
Protection, including if needed in the event of a local or national
emergency.''.
    (c) Overtime Work.--Section 5542(a) of title 5, United States Code,
is amended by adding at the end the following:
    ``(7)(A) In this paragraph, the term `Border Patrol agent' has the
meaning given such term in section 5550.
    ``(B) Notwithstanding the matter preceding paragraph (1) or
paragraphs (1) and (2), for a Border Patrol agent who has in effect an
election to be assigned to the level 1 border patrol rate of pay under
section 5550(b)(1)(A)(i)--
            ``(i) except as provided in subparagraph (E), hours of work
        in excess of 100 hours during a 14-day biweekly pay period
        shall be overtime work; and
            ``(ii) the Border Patrol agent--
                    ``(I) shall receive pay at the overtime hourly rate
                of pay (as determined in accordance with paragraphs (1)
                and (2)) for hours of overtime work that are officially
                ordered or approved in advance of the work assignment;
                and
                    ``(II) shall receive compensatory time off for any
                hours of overtime work that are not hours of overtime
                work described in subclause (I).
    ``(C) Notwithstanding the matter preceding paragraph (1) or
paragraphs (1) and (2), for a Border Patrol agent who has in effect an
election to be eligible for the level 2 border patrol rate of pay under
section 5550(b)(1)(A)(ii)--
            ``(i) except as provided in subparagraph (E), hours of work
        in excess of 90 hours during a 14-day biweekly pay period shall
        be overtime work; and
            ``(ii) the Border Patrol agent--
                    ``(I) shall receive pay at the overtime hourly rate
                of pay (as determined in accordance with paragraphs (1)
                and (2)) for hours of overtime work that are officially
                ordered or approved in advance of the work assignment;
                and
                    ``(II) shall receive compensatory time off for any
                hours of overtime work that are not hours of overtime
                work described in subclause (I).
    ``(D) Notwithstanding the matter preceding paragraph (1) or
paragraphs (1) and (2), for a Border Patrol agent who has in effect an
election under section 5550(b)(1)(A)(iii)--
            ``(i) except as provided in subparagraph (E), hours of work
        in excess of 80 hours during a 14-day biweekly pay period shall
        be overtime work; and
            ``(ii) the Border Patrol agent--
                    ``(I) shall receive pay at the overtime hourly rate
                of pay (as determined in accordance with paragraphs (1)
                and (2)) for hours of overtime work that are officially
                ordered or approved in advance of the work assignment;
                and
                    ``(II) shall receive compensatory time off for any
                hours of overtime work that are not hours of overtime
                work described in subclause (I).
    ``(E)(i) Except as provided in clause (ii), during a 14-day
biweekly pay period, a Border Patrol agent shall not perform and may
not receive compensatory time off for more than 8 hours of overtime
work.
    ``(ii) U.S. Customs and Border Protection may, as it determines
appropriate, waive the limitation under clause (i) for hours of
overtime work, but such waiver must be approved in advance of any work
being performed that would be subject to compensatory time under
subsection (B)(ii)(II), (C)(ii)(II), or (D)(ii)(II).
    ``(F) A Border Patrol agent--
            ``(i) may not earn more than 240 hours of compensatory time
        off during a year; and
            ``(ii) shall use any hours of compensatory time off not
        later than 1 year after the date on which the compensatory time
        off is accrued.''.
    (d) Technical and Conforming Amendments.--
            (1) Section 13(a) of the Fair Labor Standards Act of 1938
        (29 U.S.C. 213(a)) is amended--
                    (A) in paragraph (16), by striking ``or'' after the
                semicolon;
                    (B) in paragraph (17), by striking the period at
                the end and inserting ``; or''; and
                    (C) by adding at the end the following:
            ``(18) any employee who is a Border Patrol agent, as
        defined in section 5550(a) of title 5, United States Code.''.
            (2) The table of sections for chapter 55 of title 5, United
        States Code, is amended by inserting after the item relating to
        section 5549 the following:

``5550. Border patrol rate of pay.''.

Summary: Border Patrol Pay Reform Act of 2013 - Sets forth additionalnbsp. Requirements relating to the rates of pay and terms of employmentnbsp. For US Border Patrol agents . Requires Border Patrol agents to elect each year to: (1) be assigned to either a specifiednbsp. Level one or level two border patrol rate of pay governing regular rates of paynbsp, and overtime work requirements,nbsp, or (2) decline both levels. nbsp. Expresses the sense of Congress that US Customs and Border Protection (CBP) should ensure that not more than 10 of agents stationed at a location decline to be assigned to either the level 1 or level 2 border patrol rate of pay. Empowers CBP, without limitation, to require agents to perform overtime work in accordance with agency needs, including if needed in the event of a local or national emergency.

Border Patrol Pay Reform Act of 2013


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Business Checking Freedom Act of
2003''.

SEC. 2. INTEREST-BEARING TRANSACTION ACCOUNTS AUTHORIZED FOR ALL
              BUSINESSES.

    Section 2 of Public Law 93-100 (12 U.S.C. 1832) is amended--
            (1) by redesignating subsections (b) and (c) as subsections
        (c) and (d), respectively; and
            (2) by inserting after subsection (a) the following:
    ``(b) Notwithstanding any other provision of law, any depository
institution may permit the owner of any deposit or account which is a
deposit or account on which interest or dividends are paid and is not a
deposit or account described in subsection (a)(2) to make up to 24
transfers per month (or such greater number as the Board of Governors
of the Federal Reserve System may determine by rule or order), for any
purpose, to another account of the owner in the same institution. An
account offered pursuant to this subsection shall be considered a
transaction account for purposes of section 19 of the Federal Reserve
Act unless the Board of Governors of the Federal Reserve System
determines otherwise.''.

SEC. 3. PAYMENT OF INTEREST ON RESERVES AT FEDERAL RESERVE BANKS.

    (a) In General.--Section 19(b) of the Federal Reserve Act (12
U.S.C. 461(b)) is amended by adding at the end the following new
paragraph:
            ``(12) Earnings on reserves.--
                    ``(A) In general.--Balances maintained at a Federal
                reserve bank by or on behalf of a depository
                institution may receive earnings to be paid by the
                Federal reserve bank at least once each calendar
                quarter at a rate or rates not to exceed the general
                level of short-term interest rates.
                    ``(B) Regulations relating to payments and
                distribution.--The Board may prescribe regulations
                concerning--
                            ``(i) the payment of earnings in accordance
                        with this paragraph;
                            ``(ii) the distribution of such earnings to
                        the depository institutions which maintain
                        balances at such banks or on whose behalf such
                        balances are maintained; and
                            ``(iii) the responsibilities of depository
                        institutions, Federal home loan banks, and the
                        National Credit Union Administration Central
                        Liquidity Facility with respect to the
                        crediting and distribution of earnings
                        attributable to balances maintained, in
                        accordance with subsection (c)(1)(A), in a
                        Federal reserve bank by any such entity on
                        behalf of depository institutions.
                    ``(C) Depository institutions defined.--For
                purposes of this paragraph, the term `depository
                institution', in addition to the institutions described
                in paragraph (1)(A), includes any trust company,
                corporation organized under section 25A or having an
                agreement with the Board under section 25, or any
                branch or agency of a foreign bank (as defined in
                section 1(b) of the International Banking Act of
                1978).''.
    (b) Authorization for Pass Through Reserves for Member Banks.--
Section 19(c)(1)(B) of the Federal Reserve Act (12 U.S.C. 461(c)(1)(B))
is amended by striking ``which is not a member bank''.
    (c) Technical and Conforming Amendments.--Section 19 of the Federal
Reserve Act (12 U.S.C. 461) is amended--
            (1) in subsection (b)(4) (12 U.S.C. 461(b)(4)), by striking
        subparagraph (C) and redesignating subparagraphs (D) and (E) as
        subparagraphs (C) and (D), respectively; and
            (2) in subsection (c)(1)(A) (12 U.S.C. 461(c)(1)(A)), by
        striking ``subsection (b)(4)(C)'' and inserting ``subsection
        (b)''.

SEC. 4. INCREASED FEDERAL RESERVE BOARD FLEXIBILITY IN SETTING RESERVE
              REQUIREMENTS.

    Section 19(b)(2)(A) of the Federal Reserve Act (12 U.S.C.
461(b)(2)(A)) is amended--
            (1) in clause (i), by striking ``the ratio of 3 per
        centum'' and inserting ``a ratio not greater than 3 percent
        (and which may be zero)''; and
            (2) in clause (ii), by striking ``and not less than 8 per
        centum,'' and inserting ``(and which may be zero),''.

SEC. 5. TRANSFER OF FEDERAL RESERVE SURPLUSES.

    (a) In General.--Section 7(b) of the Federal Reserve Act (12 U.S.C.
289(b)) is amended by adding at the end the following new paragraph:
            ``(4) Additional transfers to cover interest payments for
        fiscal years 2003 through 2007.--
                    ``(A) In general.--In addition to the amounts
                required to be transferred from the surplus funds of
                the Federal reserve banks pursuant to subsection
                (a)(3), the Federal reserve banks shall transfer from
                such surplus funds to the Board for transfer to the
                Secretary of the Treasury for deposit in the general
                fund of the Treasury, such sums as are necessary to
                equal the net cost of section 19(b)(12) in each of the
                fiscal years 2003 through 2007.
                    ``(B) Allocation by federal reserve board.--Of the
                total amount required to be paid by the Federal reserve
                banks under subparagraph (A) for fiscal years 2003
                through 2007, the Board shall determine the amount each
                such bank shall pay in such fiscal year.
                    ``(C) Replenishment of surplus fund prohibited.--
                During fiscal years 2003 through 2007, no Federal
                reserve bank may replenish such bank's surplus fund by
                the amount of any transfer by such bank under
                subparagraph (A).''.
    (b) Technical and Conforming Amendment.--Section 7(a) of the
Federal Reserve Act (12 U.S.C. 289(a)) is amended by adding at the end
the following new paragraph:
            ``(3) Payment to treasury.--During fiscal years 2003
        through 2007, any amount in the surplus fund of any Federal
        reserve bank in excess of the amount equal to 3 percent of the
        paid-in capital and surplus of the member banks of such bank
        shall be transferred to the Secretary of the Treasury for
        deposit in the general fund of the Treasury.''.

Summary: Business Checking Freedom Act of 2003 - Amends Federal law to authorize interest-bearing transaction accounts for all businesses, permitting up to 24 transfers per month to another account of the owner in the same institution. Authorizes the payment of interest by a Federal reserve bank at least quarterly on balances maintained there on behalf of a depository institution. Amends the Federal Reserve Act to revise the ratio of reserves a depository institution must maintain against its transaction accounts, permitting a ratio of zero. Directs the Federal Reserve banks in FY 2003 through 2007 to transfer to the Board for transfer to the Secretary of the Treasury, for deposit in the general fund, additional surplus funds equal to the net cost of their interest payments to depository institutions.

A bill to allow all businesses to make up to 24 transfers each month from interest-bearing transaction accounts to other transaction accounts , to require the payment of interest on reserves held for depository institutions at Federal reserve banks, and for other purposes.


SECTION 1. SHORT TITLE; AMENDMENT OF CODE.

    (a) Short Title.--This Act may be cited as the ``Business Relief
and Incentives for Small Entrepreneurs Act of 2007'' or the ``Business
RAISE Act''.
    (b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.

SEC. 2. 15-YEAR STRAIGHT-LINE COST RECOVERY FOR CERTAIN IMPROVEMENTS TO
              RETAIL SPACE AND FOR QUALIFIED NEW RESTAURANT
              IMPROVEMENTS.

    (a) Recovery Period for Depreciation of Certain Improvements to
Retail Space.--
            (1) 15-year recovery period.--Section 168(e)(3)(E)
        (relating to 15-year property) is amended by striking ``and''
        at the end of clause (vii), by striking the period at the end
        of clause (viii) and inserting ``, and'', and by adding at the
        end the following new clause:
                            ``(ix) any qualified retail improvement
                        property placed in service before January 1,
                        2008.''.
            (2) Qualified retail improvement property.--Section 168(e)
        is amended by adding at the end the following new paragraph:
            ``(8) Qualified retail improvement property.--
                    ``(A) In general.--The term `qualified retail
                improvement property' means any improvement to an
                interior portion of a building which is nonresidential
                real property if--
                            ``(i) such portion is open to the general
                        public and is used in the trade or business of
                        selling tangible personal property or services
                        to the general public; and
                            ``(ii) such improvement is placed in
                        service more than 3 years after the date the
                        building was first placed in service.
                    ``(B) Certain improvements not included.--Such term
                shall not include any improvement for which the
                expenditure is attributable to--
                            ``(i) the enlargement of the building,
                            ``(ii) any elevator or escalator, or
                            ``(iii) the internal structural framework
                        of the building.''.
            (3) Requirement to use straight line method.--Section
        168(b)(3) is amended by adding at the end the following new
        subparagraph:
                    ``(I) Qualified retail improvement property
                described in subsection (e)(8).''.
            (4) Alternative system.--The table contained in section
        168(g)(3)(B) is amended by inserting after the item relating to
        subparagraph (E)(viii) the following new item:

``(E)(ix)..................................................        39''.

            (5) Effective date.--The amendments made by this section
        shall apply to qualified retail improvement property placed in
        service after the date of the enactment of this Act.
    (b) Modification of Treatment of Qualified Restaurant Property as
15-Year Property for Purposes of Depreciation Deduction.--
            (1) Treatment to include new construction.--Paragraph (7)
        of section 168(e) (relating to classification of property) is
        amended to read as follows:
            ``(7) Qualified restaurant property.--The term `qualified
        restaurant property' means any section 1250 property which is a
        building or an improvement to a building if more than 50
        percent of the building's square footage is devoted to
        preparation of, and seating for on-premises consumption of,
        prepared meals.''.
            (2) Effective date.--The amendment made by this subsection
        shall apply to any property placed in service after the date of
        the enactment of this Act.

SEC. 3. WORK OPPORTUNITY TAX CREDIT.

    (a) Expansion of Eligibility to All Disabled Veterans.--Section
51(d)(3)(A) is amended--
            (1) by striking ``who is certified'' and inserting the
        following: ``who--
                            ``(i) is certified''; and
            (2) by striking the period at the end and inserting the
        following: ``; or
                            ``(ii) has a disability rating under
                        section 1155 of title 38, United States Code,
                        of not less than 10 percent.''.
    (b) Publication and Administration of Expanded Tax Credit.--
            (1) In general.--The Secretary of Labor shall--
                    (A) publicize the expansion of the work opportunity
                tax credit under subsection (a); and
                    (B) provide technical assistance to employers
                desiring to take advantage of the tax credit.
            (2) Authorization of appropriations.--There are authorized
        to be appropriated to the Secretary of Labor $2,500,000 for
        each of fiscal years 2008 through 2012 to carry out paragraph
        (1).
    (c) Effective Date.--The amendments made by this section shall
apply to individuals who begin work for employers after the date of the
enactment of this Act.

Summary: Business Relief and Incentives for Small Entrepreneurs Act of 2007 or the Business RAISE Act - Amends the Internal Revenue Code to: (1) allow accelerated depreciation of qualified retail improvement property placed in service before January 1, 2008. (2) allow new improvements to restaurant property to qualify for accelerated depreciation. And (3) expand the eligibility of certain disabled veterans for employment under the work opportunity tax credit.

A bill to amend the Internal Revenue Code of 1986 to provide 15-year straight-line cost recovery for certain improvements to retail space and for qualified new restaurant improvements and to expand the eligibility for the work opportunity tax credit to all disabled veterans.


SECTION 1. POSTHUMOUS CITIZENSHIP FOR TERRORIST ATTACK VICTIMS.

    (a) Permitting Granting of Posthumous Citizenship.--Notwithstanding
any provision of title III of the Immigration and Nationality Act (8
U.S.C. 1401 et seq.), the Attorney General shall provide, in accordance
with this section, for the granting of posthumous citizenship, as of
September 10, 2001, to a person described in subsection (b), if the
Attorney General approves an application for such citizenship filed
under subsection (e).
    (b) Noncitizens Eligible for Posthumous Citizenship.--A person
referred to in subsection (a) is a person who--
            (1) while an alien or a noncitizen national of the United
        States, died as a result of an injury incurred in one or more
        of the events described in subsection (c);
            (2) was not culpable for any of such events; and
            (3) on September 11, 2001--
                    (A) had pending an application for naturalization,
                or for a certificate of citizenship, filed with the
                Attorney General by the person; or
                    (B) was the beneficiary of a pending application
                for naturalization filed with the Attorney General by a
                parent of the person.
    (c) Events Described.--
            (1) In general.--The events described in this subsection
        are the following:
                    (A) The hijacking of American Airlines Flight 11 on
                September 11, 2001, the crash of that aircraft into the
                World Trade Center in New York, New York, and the
                subsequent destruction that resulted.
                    (B) The hijacking of United Airlines Flight 175 on
                such date, the crash of that aircraft into the World
                Trade Center in New York, New York, and the subsequent
                destruction that resulted.
                    (C) The hijacking of American Airlines Flight 77 on
                such date, the crash of that aircraft into the Pentagon
                in Arlington, Virginia, and the subsequent destruction
                that resulted.
                    (D) The hijacking of United Airlines Flight 93 on
                such date, and the crash of that aircraft in Stony
                Creek Township, Pennsylvania.
            (2) Response personnel included.--Any person who died as a
        result of an injury incurred while assisting in the emergency
        response to an event described in paragraph (1) (such as
        military personnel, law enforcement officers, firefighters,
        emergency management personnel, search and rescue personnel,
        medical personnel, engineers and other personnel providing
        technical assistance, and volunteers) shall be considered to
        have died as a result of an injury incurred in such event.
    (d) Requirements.--
            (1) In general.--Unless otherwise provided by this section,
        no person may be granted posthumous citizenship under this
        section who would not otherwise have been eligible for
        naturalization on the date of the person's death. Unless
        otherwise provided by this section, any provision of law that
        specifically bars or prohibits a person from being naturalized
        as a citizen of the United States shall be applied to the
        granting of posthumous citizenship under this section.
            (2) Waiver of english language and government
        requirements.--Notwithstanding section 312 of the Immigration
        and Nationality Act (8 U.S.C. 1423), or any similar provision
        of law requiring that a person demonstrate an understanding of
        the English language or a knowledge and understanding of the
        fundamentals of the history, and of the principles and form of
        government, of the United States in order to be naturalized, no
        such demonstration shall be required for the granting of
        posthumous citizenship under this section.
            (3) Waiver of oath.--No oath of renunciation or allegiance
        shall be required for the granting of posthumous citizenship
        under this section.
            (4) Investigation of applicants; examination of
        applications.--To the maximum extent practicable, the
        investigation and examination described in section 335 of the
        Immigration and Nationality Act (8 U.S.C. 1446) shall be
        conducted with respect to an application described in
        subsection (b)(3) in the same manner as they otherwise would
        have been conducted if the subject of the application had not
        died.
    (e) Requests for Posthumous Citizenship.--A request for the
granting of posthumous citizenship to a person described in subsection
(b) may be filed on behalf of the person only by the next of kin (as
defined by the Attorney General) or another representative (as defined
by the Attorney General), and must be filed not later than 2 years
after the later of--
            (1) the date of the enactment of this section; or
            (2) the date of the person's death.
    (f) Documentation of Posthumous Citizenship.--If the Attorney
General approves such a request to grant a person posthumous
citizenship, the Attorney General shall send to the individual who
filed the request a suitable document which states that the United
States considers the person to have been a citizen of the United States
on and after September 10, 2001.
    (g) No Benefits to Survivors.--Nothing in this section shall be
construed as providing for any benefits under the Immigration and
Nationality Act for any spouse, son, daughter, or other relative of a
person granted posthumous citizenship under this section.

Summary: Directs the Attorney General to provide for the granting of posthumous citizenship, as of September 12, 2001, to certain nonculpable aliens or noncitizen nationals otherwise eligible for naturalization who died as a result of the hijackings of four airliners, the attacks on the World Trade Center and the Pentagon, or as a result of injuries sustained while assisting in the emergency response to the events of September 11, 2001.

To provide for the granting of posthumous citizenship to certain aliens lawfully admitted for permanent residence who died as a result of the hijackings of 4 commercial aircraft, the attacks on the World Trade Center, or the attack on the Pentagon, on September 11, 2001, and for other purposes.


SECTION 1. SHORT TITLE; FINDINGS; PURPOSE.

    (a) Short Title.--This Act may be cited as the ``Home Lead Safety
Tax Credit Act of 2003''.
    (b) Findings.--Congress finds that:
            (1) Of the 98,000,000 housing units in the United States,
        38,000,000 have lead-based paint.
            (2) Of the 38,000,000 housing units with lead-based paint,
        25,000,000 pose a hazard, as defined by Environmental
        Protection Agency and Department of Housing and Urban
        Development standards, due to conditions such as peeling paint
        and settled dust on floors and windowsills that contain lead at
        levels above Federal safety standards.
            (3) Though the number of children in the United States ages
        1 through 5 with blood levels higher than the Centers for
        Disease Control action level of 10 micrograms per deciliter has
        declined to 300,000, lead poisoning remains a serious, entirely
        preventable threat to a child's intelligence, behavior, and
        learning.
            (4) The Secretary of Health and Human Services has
        established a national goal of ending childhood lead poisoning
        by 2010.
            (5) Current Federal lead abatement programs, such as the
        Lead Hazard Control Grant Program of the Department of Housing
        and Urban Development, only have resources sufficient to make
        approximately 7,000 homes lead-safe each year. In many cases,
        when State and local public health departments identify a lead-
        poisoned child, resources are insufficient to reduce or
        eliminate the hazards.
            (6) Approximately 15 percent of children are lead-poisoned
        by home renovation projects performed by remodelers who fail to
        follow basic safeguards to control lead dust.
            (7) Old windows typically pose significant risks because
        wood trim is more likely to be painted with lead-based paint,
        moisture causes paint to deteriorate, and friction generates
        lead dust. The replacement of old windows that contain lead
        based paint significantly reduces lead poisoning hazards in
        addition to producing significant energy savings.
    (c) Purpose.--The purpose of this section is to encourage the safe
removal of lead hazards from homes and thereby decrease the number of
children who suffer reduced intelligence, learning difficulties,
behavioral problems, and other health consequences due to lead-
poisoning.

SEC. 2. LEAD ABATEMENT TAX CREDIT.

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

``SEC. 30B. HOME LEAD ABATEMENT.

    ``(a) Allowance of Credit.--There shall be allowed as a credit
against the tax imposed by this chapter an amount equal to 50 percent
of the abatement cost paid or incurred by the taxpayer during the
taxable year for each eligible dwelling unit of the taxpayer.
    ``(b) Limitation.--The amount of the credit allowed under
subsection (a) for any eligible dwelling unit shall not exceed--
            ``(1) $1,500, over
            ``(2) the aggregate cost taken into account under
        subsection (a) with respect to such unit for all preceding
        taxable years.
    ``(c) Definitions and Special Rules.--For purposes of this section:
            ``(1) Abatement cost.--
                    ``(A) In general.--The term `abatement cost' means,
                with respect to any eligible dwelling unit--
                            ``(i) the cost for a certified risk
                        assessor to conduct an assessment to determine
                        the presence of a lead-based paint hazard,
                            ``(ii) the cost for a certified lead
                        abatement supervisor to perform the removal of
                        paint and dust, the permanent enclosure or
                        encapsulation of lead-based paint, the
                        replacement of painted surfaces or fixtures, or
                        the removal or permanent covering of soil when
                        lead-based paint hazards are present in such
                        paint, dust, or soil,
                            ``(iii) the cost for a certified lead
                        abatement supervisor to perform all
                        preparation, cleanup, disposal, and
                        postabatement clearance testing activities
                        associated with the activities described in
                        clause (ii), and
                            ``(iv) costs incurred by or on behalf of
                        any occupant of such dwelling unit for any
                        relocation which is necessary to achieve
                        occupant protection (as defined under section
                        1345 of title 24, Code of Federal Regulations).
                    ``(B) Limitation.--The term `abatement cost' does
                not include any cost to the extent such cost is funded
                by any grant, contract, or otherwise by another person
                (or any governmental agency).
            ``(2) Eligible dwelling unit.--
                    ``(A) In general.--The term `eligible dwelling
                unit' means any dwelling unit--
                            ``(i) placed in service before 1978,
                            ``(ii) located in the United States, and
                            ``(iii) determined by a certified risk
                        assessor to have a lead-based paint hazard.
                    ``(B) Dwelling unit.--The term `dwelling unit' has
                the meaning given such term by section 280A(f)(1).
            ``(3) Lead-based paint hazard.--The term `lead-based paint
        hazard' has the meaning given such term under part 745 of title
        40, Code of Federal Regulations.
            ``(4) Certified lead abatement supervisor.--The term
        `certified lead abatement supervisor' means an individual
        certified by the Environmental Protection Agency pursuant to
        section 745.226 of title 40, Code of Federal Regulations, or an
        appropriate State agency pursuant to section 745.325 of title
        40, Code of Federal Regulations.
            ``(5) Certified inspector.--The term `certified inspector'
        means an inspector certified by the Environmental Protection
        Agency pursuant to section 745.226 of title 40, Code of Federal
        Regulations, or an appropriate State agency pursuant to section
        745.325 of title 40, Code of Federal Regulations.
            ``(6) Certified risk assessor.--The term `certified risk
        assessor' means a risk assessor certified by the Environmental
        Protection Agency pursuant to section 745.226 of title 40, Code
        of Federal Regulations, or an appropriate State agency pursuant
        to section 745.325 of title 40, Code of Federal Regulations.
            ``(7) Documentation required for credit allowance.--No
        credit shall be allowed under subsection (a) with respect to
        any eligible dwelling unit unless--
                    ``(A) after lead abatement is complete, a certified
                inspector or certified risk assessor provides written
                documentation to the taxpayer that includes--
                            ``(i) a certification that the
                        postabatement procedures (as defined by section
                        745.227 of title 40, Code of Federal
                        Regulations) have been performed and that the
                        unit does not contain lead dust hazards (as
                        defined by section 745.227(e)(8)(viii) of title
                        40, Code of Federal Regulations), and
                            ``(ii) documentation showing that the lead
                        abatement meets the requirements of this
                        section, and
                    ``(B) the taxpayer files with the appropriate State
                agency--
                            ``(i) the documentation described in
                        subparagraph (A),
                            ``(ii) a receipt from the certified risk
                        assessor documenting the costs of determining
                        the presence of a lead-based paint hazard,
                            ``(iii) a receipt from the certified lead
                        abatement supervisor documenting the abatement
                        cost (other than the costs described in
                        paragraph (1)(A)(i)), and
                            ``(iv) a statement indicating the age of
                        the dwelling unit.
            ``(8) Basis reduction.--The basis of any property for which
        a credit is allowable under subsection (a) shall be reduced by
        the amount of such credit (determined without regard to
        subsection (d)).
    ``(d) Limitation Based on Amount of Tax.--The credit allowed under
subsection (a) for the taxable year shall not exceed the excess of--
            ``(1) the sum of the regular tax liability (as defined in
        section 26(b)) plus the tax imposed by section 55, over
            ``(2) the sum of the credits allowable under subpart A and
        sections 27, 29, 30, and 30A for the taxable year.
    ``(e) Carryforward Allowed.--
            ``(1) In general.--If the credit amount allowable under
        subsection (a) for a taxable year exceeds the amount of the
        limitation under subsection (d) for such taxable year (referred
        to as the `unused credit year' in this subsection), such excess
        shall be allowed as a credit carryforward for each of the 20
        taxable years following the unused credit year.
            ``(2) Rules.--Rules similar to the rules of section 39
        shall apply with respect to the credit carryforward under
        paragraph (1).''.
    (b) Conforming Amendments.--
            (1) Section 1016(a) is amended by striking ``and'' in
        paragraph (27), by striking the period and inserting ``, and''
        in paragraph (28), and by inserting at the end the following
        new paragraph:
            ``(29) in the case of an eligible dwelling unit with
        respect to which a credit for lead abatement was allowed under
        section 30B, to the extent provided in section 30B(c)(8).''.
            (2) The table of sections for subpart B of part IV of
        subchapter A of chapter 1 is amended by inserting after the
        item relating to section 30A the following new item:

        ``Sec. 30B. Home lead abatement.''.
    (c) Effective Date.--The amendments made by this section shall
apply to abatement costs incurred after December 31, 2003, in taxable
years ending after that date.

Summary: Home Lead Safety Tax Credit Act of 2003 - Amends the Internal Revenue Code to provide owners of residential properties built in the United States before 1978 with a tax credit for lead-based paint abatement costs performed by a certified lead abatement contractor .

A bill to amend the Internal Revenue Code of 1986 to provide a tax credit for property owners who remove lead-based paint hazards.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Energy-Efficient Cool Roof Jobs
Act''.

SEC. 2. DEPRECIATION RECOVERY PERIOD FOR CERTAIN ROOF SYSTEMS.

    (a) 20-Year Recovery Period.--
            (1) In general.--Subparagraph (F) of section 168(e)(3) of
        the Internal Revenue Code of 1986 is amended to read as
        follows:
                    ``(F) 20-year property.--The term `20-year
                property' means--
                            ``(i) initial clearing and grading land
                        improvements with respect to any electric
                        utility transmission and distribution plant,
                        and
                            ``(ii) any qualified energy-efficient cool
                        roof replacement property.''.
            (2) Qualified energy-efficient cool roof replacement
        property.--Section 168(e) of such Code is amended by adding at
        the end the following new paragraph:
            ``(9) Qualified energy-efficient cool roof replacement
        property.--
                    ``(A) In general.--The term `qualified energy-
                efficient cool roof replacement property' means any
                roof system--
                            ``(i) which is placed in service above
                        conditioned or semi-heated space on an eligible
                        commercial building,
                            ``(ii) which has a slope equal to or less
                        than 2:12,
                            ``(iii) which replaces an existing roof
                        system, and
                            ``(iv) which includes--
                                    ``(I) insulation which meets or
                                exceeds the minimum prescriptive
                                requirements in tables A-1 to A-9 in
                                the Normative Appendix A of ASHRAE
                                Standard 189.1-2011, and
                                    ``(II) in the case of an eligible
                                commercial building located in a
                                climate zone other than climate zone 6,
                                7, or 8 (as specified in ASHRAE
                                Standard 189.1-2011), a primary roof
                                covering which has a cool roof surface.
                    ``(B) Cool roof surface.--The term `cool roof
                surface' means a roof the exterior surface of which--
                            ``(i) has a 3-year-aged solar reflectance
                        of at least 0.55 and a 3-year-aged thermal
                        emittance of at least 0.75, as determined in
                        accordance with the Cool Roof Rating Council
                        CRRC-1 Product Rating Program, or
                            ``(ii) has a 3-year-aged solar reflectance
                        index (SRI) of at least 64, as determined in
                        accordance with ASTM Standard E1980,
                        determined--
                                    ``(I) using a medium-wind-speed
                                convection coefficient of 12 W/
                                m2.K, and
                                    ``(II) using the values for 3-year-
                                aged solar reflectance and 3-year-aged
                                thermal emittance determined in
                                accordance with the Cool Roof Rating
                                Council CRRC-1 Product Rating Program.
                    ``(C) Roof system.--The term `roof system' means a
                system of roof components, including roof insulation
                and a membrane or primary roof covering, but not
                including the roof deck, designed to weather-proof and
                improve the thermal resistance of a building.
                    ``(D) Eligible commercial building.--The term
                `eligible commercial building' means any building--
                            ``(i) which is within the scope of ASHRAE
                        Standard 90.1-2010,
                            ``(ii) which is located in the United
                        States,
                            ``(iii) with respect to which depreciation
                        (or amortization in lieu of depreciation) is
                        allowable, and
                            ``(iv) which was placed in service before
                        the date that is 3 years prior to the date the
                        roof system described in subparagraph (A) is
                        placed in service.
                    ``(E) ASHRAE.--The term `ASHRAE' means the American
                Society of Heating, Refrigerating and Air-Conditioning
                Engineers.''.
    (b) Requirement To Use Straight Line Method.--Paragraph (3) of
section 168(b) of the Internal Revenue Code of 1986 is amended by
adding at the end the following new subparagraph:
                    ``(J) Any qualified energy-efficient cool roof
                replacement property.''.
    (c) Alternative System.--The table contained in section
168(g)(3)(B) of the Internal Revenue Code of 1986 is amended by
striking the last item and inserting the following new items:

        ``(F)(i)...........................................         25
         (F)(ii)...........................................     27.5''.
    (d) Depreciation Rules for Certain Qualified Energy-Efficient Cool
Roof Replacement Property for Purposes of Computing the Earnings and
Profits of a Real Estate Investment Trust.--
            (1) In general.--Paragraph (3) of section 312(k) of the
        Internal Revenue Code of 1986 is amended by adding at the end
        the following new subparagraph:
                    ``(C) Treatment of qualified energy-efficient cool
                roof replacement property.--In the case of any
                qualified energy-efficient cool roof replacement
                property (within the meaning of section 168(e)(9)), the
                adjustment for depreciation to earnings and profits of
                a real estate investment trust for any taxable year
                shall be determined under the alternative depreciation
                method (within the meaning of section 168(g)(2)),
                except that the recovery period shall be 20 years.''.
            (2) Conforming amendment.--Subparagraph (A) of section
        312(k)(3) of such Code is amended by striking ``subparagraph
        (B),'' and inserting ``subparagraphs (B) and (C),''.
    (e) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act.

Summary: Energy-Efficient Cool Roof Jobs Act - Amends the Internal Revenue Code to classify any qualified energy-efficient cool roof replacement property as 20-year property for depreciation purposes. Defines qualified energy-efficient cool roof replacement property as any roof system that: (1) is placed in service above conditioned or semiheated space on an eligible commercial building, (2) has a slope equal to or less than 2:12 , (3) replaces an existing roof system, and (4) includes insulation meeting specified standards andnbsp. A primary roof covering that has a cool roof surface. Requires the adjustment for depreciation to the earnings and profits of a real estate investment trust for any taxable year, in the case ofnbsp. Such property, to be determined under the alternative depreciation method, except that the recovery period shall be 20 years.

Energy-Efficient Cool Roof Jobs Act