SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Water System Adaptation Partnerships
Act of 2009''.

SEC. 2. WATER SYSTEM ADAPTATION PARTNERSHIPS.

    (a) Grants.--Beginning in fiscal year 2010, the Administrator of
the Environmental Protection Agency shall make grants to water systems
to assist in planning, designing, constructing, implementing, or
maintaining any program, strategy, or infrastructure improvement--
            (1) to conserve water or increase water use efficiency;
            (2) to carry out water metering to measure water efficiency
        effectiveness of a water efficiency program;
            (3) to preserve or improve water quality;
            (4) to enhance water management by increasing source water
        preservation and protection, or natural or engineered green
        infrastructure in the management, conveyance, or treatment of
        water, wastewater, or stormwater;
            (5) to increase energy efficiency or the use and generation
        of renewable energy in the management, conveyance, or treatment
        of water, wastewater, or stormwater;
            (6) to support the adoption and use of advanced water
        treatment, water supply management, or water demand management
        technologies or processes (such as those used in water reuse
        and recycling or adaptive conservation pricing) that maintain
        or increase water supply or improve water quality;
            (7) to complete studies or assessments to project how
        climate change may impact the future operations and
        sustainability of the water system; or
            (8) to carry out any other activity or project to address
        any ongoing or forecasted, based on the best available research
        and data, climate-related impact on the water quality or
        quantity of a region of the United States that increases the
        resiliency of a water system to the impacts of climate change.
    (b) Application.--To be eligible to receive a grant from the
Administrator under subsection (a), the owner or operator of a water
system shall--
            (1) submit to the Administrator an application that
        includes a proposal of the program, strategy, or infrastructure
        improvement to be planned, designed, constructed, implemented,
        or maintained by the water system;
            (2) cite the best available research or data that
        describes--
                    (A) the risk to the system's water resources or
                infrastructure as a result of ongoing or forecasted
                changes to the hydrological system brought about by
                factors arising from global climate change; and
                    (B) how the proposed program, strategy, or
                infrastructure improvement would perform under the
                anticipated climate conditions;
            (3) explain how the proposed program, strategy, or
        infrastructure improvement is expected to increase the water
        system's resiliency to these risks or reduce the water system's
        direct or indirect greenhouse gas emissions; and
            (4) demonstrate the consistency of the program, strategy,
        or infrastructure improvement with an applicable climate
        adaptation plan completed and adopted by a State.
    (c) Competitive Process.--Each calendar year, the Administrator
shall conduct a competitive process to select and fund applications
under this section. In carrying out the process, the Administrator
shall--
            (1) give priority to applications that--
                    (A) are submitted by water systems that are, based
                on the best available research and data, at the
                greatest and most immediate risk of facing significant
                climate-related negative impacts on water quality or
                quantity;
                    (B) will impact the largest numbers of water users;
                and
                    (C) will provide the greatest benefit per dollar
                expended;
            (2) solicit applications from water systems that are--
                    (A) located in all regions of the United States;
                and
                    (B) facing varying risks as a result of climate
                change; and
            (3) provide for solicitation and consideration of public
        input in the development of criteria used in evaluating
        applications.
    (d) Cost Sharing.--
            (1) Federal share.--The Federal share of the cost of any
        program, strategy, or infrastructure improvement that is the
        subject of a grant awarded by the Administrator to a water
        system under subsection (a) shall not exceed, in a single
        calendar year, 50 percent of the cost of the program, strategy,
        or infrastructure improvement.
            (2) Calculation of non-federal share.--In calculating the
        non-Federal share of the cost of a program, strategy, or
        infrastructure improvement proposed by a water system through
        an application submitted by the water system under subsection
        (b), the Administrator shall--
                    (A) include the value of any in-kind services that
                substantially contributes toward the completion of the
                program, strategy, or infrastructure improvement, as
                determined by the Administrator; and
                    (B) not include any other amount that the water
                system receives from a Federal agency.
    (e) Regulations.--Not later than 1 year after the date of the
enactment of this Act, the Administrator of the Environmental
Protection Agency shall promulgate final regulations to carry out this
section.
    (f) Report to Congress.--Not later than 3 years after the date of
the enactment of this Act, and every 3 years thereafter, the
Administrator of the Environmental Protection Agency shall submit to
the Congress a report on progress in implementing this section,
including information on project applications received and funded
annually.
    (g) Definitions.--In this section:
            (1) The term ``Administrator'' means the Administrator of
        the Environmental Protection Agency.
            (2) The term ``water system'' means a community water
        system as defined in section 1401 of the Safe Drinking Water
        Act (42 U.S.C. 300f), a treatment works as defined in section
        212 of the Federal Water Pollution Control Act (33 U.S.C.
        1292), a municipal separate storm sewer system (as defined by
        the Administrator), or a combined sewer system as defined in
        402(q) of the Federal Water Pollution Control Act (33 U.S.C.
        1342(q)).
    (h) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated such sums as may be necessary.

Summary: Water System Adaptation Partnerships Act of 2009 - Directs the Administrator of the Environmental Protection Agency (EPA) to make grants to water systems to assist in planning, designing, constructing, implementing, or maintaining any program, strategy, or infrastructure improvement to: (1) conserve water or increase water use efficiency. (2) carry out water metering to measure water efficiency effectiveness of a water efficiency program, (3) preserve or improve water quality. (4) enhance water management by increasing source water preservation and protection, or natural or engineered green infrastructure, in the management, conveyance, or treatment of water, wastewater, or stormwater. (5) increase energy efficiency or the use and generation of renewable energy in the management, conveyance, or treatment of water, wastewater, or stormwater. (6) support the adoption and use of advanced water treatment, water supply management, or water demand management technologies or processes that maintain or increase water supply or improve water quality. (7) complete studies or assessments to project how climate change may impact the future operations and sustainability of the water system. Or (8) carry out any other activity or project to address any ongoing or forecasted climate-related impact on the water quality or quantity of a region of the United States that increases the resiliency of a water system to the impacts of climate change. Sets forth grant application requirements. Requires the Administrator to conduct a competitive process to select and fund applications, giving priority to applications that: (1) are submitted by water systems that are at the greatest and most immediate risk of facing significant climate-related negative impacts, (2) will impact the largest numbers of water users. And (3) will provide the greatest benefit per dollar expended. Limits the federal share to 50 of the cost.

To authorize the Administrator of the Environmental Protection Agency to establish water system adaptation partnerships.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Job Opportunity and Welfare
Reduction Act of 1997''.

SEC. 2. PILOT PROGRAM FOR PLACING WELFARE RECIPIENTS IN JOBS VACATED BY
              UNAUTHORIZED ALIENS.

    (a) In General.--The Attorney General shall conduct a pilot program
under which the Attorney General shall provide a written notice to a
State of one or more potential employment opportunities for an adult
who is receiving assistance under the State program funded under part A
of title IV of the Social Security Act, where such opportunity arises
from--
            (1) the removal of one or more unauthorized aliens from a
        work site in the State by an officer or employee of the Service
        performing duties relating to the enforcement of the
        immigration laws; or
            (2) the issuance of an unauthorized work letter by the
        Attorney General to an employer.
    (b) Implementation Deadline; Termination.--The Attorney General
shall implement the pilot program not later than October 1, 1998. The
Attorney General shall terminate the pilot program at the end of the 4-
year period beginning on the first day the pilot program is in effect.
    (c) Scope of Operation.--The Attorney General shall provide for the
operation of the pilot program in each State--
            (1) the chief executive officer of which has requested that
        the Attorney General provide for such operation; and
            (2) that is receiving a grant under part A of title IV of
        the Social Security Act.
    (d) Notice.--
            (1) Contents.--The notice required under subsection (a)
        shall include the following:
                    (A) The name and address of the employer--
                            (i) from whose work site an unauthorized
                        alien was removed; or
                            (ii) to whom the unauthorized work letter
                        was issued.
                    (B) A classification of the employment position (or
                positions) formerly held by each unauthorized alien who
                was removed from the work site or was the subject of
                the unauthorized work letter, in terms of industry and
                whether the work performed was skilled or unskilled.
                    (C) The location of the work site.
                    (D) The number of unauthorized aliens who were--
                            (i) removed; or
                            (ii) the subject of the unauthorized work
                        letter.
            (2) Deadline.--The Attorney General shall submit the notice
        required under subsection (a) not later than 8 days after the
        day on which--
                    (A) the unauthorized alien is removed (in a case
                described in subsection (a)(1)); or
                    (B) an officer or employee of the Service enters
                onto the work site for the purpose of removing an
                unauthorized alien, following issuance of the
                unauthorized work letter (in a case described in
                subsection (a)(2)).
    (e) Definitions.--For purposes of this Act:
            (1) Service.--The term ``Service'' has the meaning given
        such term in section 101(a)(34) of the Immigration and
        Nationality Act.
            (2) State.--The term ``State'' has the meaning given such
        term in section 101(a)(36) of the Immigration and Nationality
        Act.
            (3) Unauthorized alien.--The term ``unauthorized alien''
        has the meaning given such term in section 274A(h)(3) of the
        Immigration and Nationality Act.
            (4) Unauthorized work letter.--The term ``unauthorized work
        letter'' means a Form I-9 Inspection Result Letter, issued by
        the Attorney General to an employer, identifying the possible
        presence of an unauthorized alien worker.

SEC. 3. BONUS TO REWARD PARTICIPATING STATES.

    (a) In General.--Section 403(a)(4) of the Social Security Act (42
U.S.C. 603(a)(4)) (as amended by section 103 of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (Public
Law 104-193; 110 Stat. 2121)) is amended--
            (1) in subparagraph (B)(i), by adding at the end the
        following:
                        ``In the case of a high performing State that
                        is an immigration pilot program State, such
                        amount shall also be based on the score
                        assigned to the State under subparagraph
                        (D)(iii) for such fiscal year.'';
            (2) by amending subparagraph (C) to read as follows:
                    ``(C) Formula for measuring state performance.--
                            ``(i) In general.--Not later than 1 year
                        after the date of the enactment of the Personal
                        Responsibility and Work Opportunity
                        Reconciliation Act of 1996, the Secretary, in
                        consultation with the National Governors'
                        Association and the American Public Welfare
                        Association, shall develop a formula for
                        measuring State performance in operating the
                        State program funded under this part so as to
                        achieve the goals set forth in section 401(a).
                            ``(ii) Immigration pilot program states.--
                        Not later than 6 months after the date of the
                        enactment of the Job Opportunity and Welfare
                        Reduction Act of 1997, the Secretary, in
                        consultation with the National Governors'
                        Association and the American Public Welfare
                        Association, shall develop a formula for
                        measuring the performance of immigration pilot
                        program States in placing adults receiving
                        assistance under the State program funded under
                        this part in employment vacancies arising
                        from--
                                    ``(I) the removal of an
                                unauthorized alien (as defined in
                                section 2 of such Act) from a work site
                                in the State by an officer or employee
                                of the Immigration and Naturalization
                                Service performing duties relating to
                                the enforcement of the immigration
                                laws; or
                                    ``(II) the issuance by the Attorney
                                General to an employer of an
                                unauthorized work letter (as defined in
                                such section) with respect to a work
                                site in the State.'';
            (3) by amending subparagraph (D) to read as follows:
                    ``(D) Scoring of state performance; setting of
                performance thresholds.--For each bonus year, the
                Secretary shall--
                            ``(i) use the formula developed under
                        subparagraph (C)(i) to assign a score to each
                        eligible State for the fiscal year that
                        immediately precedes the bonus year;
                            ``(ii) prescribe a performance threshold,
                        based on the scores assigned under clause (i),
                        in such a manner so as to ensure that--
                                    ``(I) the average annual total
                                amount of grants to be made under this
                                paragraph for each bonus year equals
                                $200,000,000; and
                                    ``(II) the total amount of grants
                                to be made under this paragraph for all
                                bonus years equals $1,000,000,000; and
                            ``(iii) use the formula developed under
                        subparagraph (C)(ii) to assign an additional
                        score to each immigration pilot program State
                        for the fiscal year that immediately precedes
                        the bonus year, which score shall be used to
                        reward immigration pilot program States--
                                    ``(I) based on their performance,
                                as measured under subparagraph (C)(ii);
                                and
                                    ``(II) in a manner consistent with
                                subclauses (I) and (II) of clause
                                (ii).''; and
            (4) in subparagraph (E), by adding at the end the
        following:
                            ``(iii) Immigration pilot program state.--
                        The term `immigration pilot program State'
                        means, with respect to a fiscal year
                        immediately preceding a bonus year, an eligible
                        State--
                                    ``(I) within which the Attorney
                                General is operating the pilot program
                                under section 2 of the Job Opportunity
                                and Welfare Reduction Act of 1997;
                                    ``(II) that, after each receipt of
                                a notice of an employment vacancy (or
                                vacancies) from the Attorney General
                                under such section 2, provided to the
                                employer having the vacancy a list
                                containing, with respect to each such
                                vacancy, the name, address, and
                                telephone number of not more than 3
                                adults who are receiving assistance
                                under the State program funded under
                                this part and who are determined by the
                                State, based on the adult's training,
                                skills, prior experience, and
                                availability for employment, to be
                                qualified to fill the vacancy; and
                                    ``(III) that provided to the
                                Secretary, in such form and manner as
                                the Secretary may have required, a
                                report containing the information
                                necessary for the Secretary to measure
                                the State's performance under
                                subparagraph (C)(ii).''.
    (b) Effective Date.--The amendments made by subsection (a) shall
take effect on the later of July 1, 1998, or the date of the enactment
of this Act.

SEC. 4. REPORT.

    Not later than 3 months after the date of the termination of the
pilot program under section 2, the Secretary of Health and Human
Services shall submit to the Congress a report, based on the rate of
success of the program in providing referrals leading to job
placements, containing the recommendations of the Secretary of Health
and Human Services concerning whether the program should be
reauthorized, whether the program should be expanded, and how the
program could be improved.

Summary: Job Opportunity and Welfare Reduction Act of 1997 - Directs the Attorney General to conduct a temporary pilot program in States participating in the program under part A (TANF) of title IV of the Social Security Act. Requires the Attorney General to notify a State of potential employment opportunities for an adult TANF recipient arising from: (1) removal of an unauthorized alien from a work site by the Immigration and Naturalization Service. Or (2) the issuance by the Attorney General to an employer of an unauthorized work letter . Provides for a bonus under TANF to reward high-performing States.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Payment Improvement Act of
2009''.

SEC. 2. VALUE INDEX UNDER THE MEDICARE PHYSICIAN FEE SCHEDULE.

    (a) In General.--Section 1848(e)(5) of the Social Security Act (42
U.S.C. 1395w-4(e)) is amended by adding at the end the following new
paragraph:
            ``(6) Value index.--
                    ``(A) In general.--The Secretary shall determine a
                value index for each hospital referral area (as defined
                by the Secretary). The value index shall be the ratio
                of the quality component under subparagraph (B) to the
                cost component under subparagraph (C) for that hospital
                referral area.
                    ``(B) Quality component.--
                            ``(i) In general.--The quality component
                        shall be based on a composite score that
                        reflects quality measures available on a State
                        or hospital referral area (as so defined)
                        basis. The measures shall reflect health
                        outcomes and health status for the Medicare
                        population, patient safety, and patient
                        satisfaction. The Secretary shall use the best
                        data available, after consultation with the
                        Agency for Healthcare Research and Quality and
                        with private entities that compile quality
                        data.
                            ``(ii) Advisory group.--
                                    ``(I) In general.--Not later than
                                60 days after the date of enactment of
                                the Medicare Payment Improvement Act of
                                2009, the Secretary shall establish a
                                group of experts and stakeholders to
                                make consensus recommendations to the
                                Secretary regarding development of the
                                quality component. The membership of
                                the advisory group shall at least
                                reflect providers, purchasers, health
                                plans, researchers, relevant Federal
                                agencies, and individuals with
                                technical expertise on health care
                                quality.
                                    ``(II) Duties.--In the development
                                of recommendations with respect to the
                                quality component, the group
                                established under subclause (I) shall
                                consider at least the following areas:
                                            ``(aa) High variation and
                                        high cost per capita
                                        utilization of resources,
                                        including rates of
                                        hospitalizations, number of
                                        visits and subspecialty
                                        referrals, and number of
                                        procedures (as determined by
                                        data under this title).
                                            ``(bb) Health outcomes and
                                        functional status of patients.
                                            ``(cc) The continuity,
                                        management, and coordination of
                                        health care and care
                                        transitions, including episodes
                                        of care, for patients across
                                        the continuum of providers,
                                        health care settings, and
                                        health plans.
                                            ``(dd) Patient, caregiver,
                                        and authorized representative
                                        experience, quality and
                                        relevance of information
                                        provided to patients,
                                        caregivers, and authorized
                                        representatives, and use of
                                        information by patients,
                                        caregivers, and authorized
                                        representatives to inform
                                        decision making.
                                            ``(ee) The safety,
                                        effectiveness, and timeliness
                                        of care.
                                            ``(ff) The appropriate use
                                        of health care resources and
                                        services.
                                            ``(gg) Other items
                                        determined appropriate by the
                                        Secretary.
                            ``(iii) Requirement.--In establishing the
                        quality component under this subparagraph, the
                        Secretary shall--
                                    ``(I) take into account the
                                recommendations of the group
                                established under clause (ii)(I); and
                                    ``(II) provide for an open and
                                transparent process for the activities
                                conducted pursuant to the convening of
                                such group with respect to the
                                development of the quality component.
                            ``(iv) Establishment.--The quality
                        component for each hospital referral area (as
                        so defined) shall be the ratio of the quality
                        score for such area to the national average
                        quality score.
                            ``(v) Quality baseline.--If the quality
                        component for a hospital referral area (as so
                        defined) does not rank in the top 25th
                        percentile as compared to the national average
                        (as determined by the Secretary) and the amount
                        of reimbursement for services under this
                        section is greater than the amount of
                        reimbursement for such services that would have
                        applied under this section if the amendments
                        made by section 2 of the Medicare Payment
                        Improvement Act of 2009 had not been enacted,
                        this section shall be applied as if such
                        amendments had not been enacted.
                            ``(vi) Application.--In the case of a
                        hospital referral area (as so defined) that is
                        less than an entire State, if available quality
                        data is not sufficient to measure quality at
                        the sub-State level, the quality component for
                        a sub-State hospital referral area shall be the
                        quality component for the entire State.
                    ``(C) Cost component.--
                            ``(i) In general.--The cost component shall
                        be total annual per beneficiary Medicare
                        expenditures under part A and this part for the
                        hospital referral area (as so defined). The
                        Secretary may use total per beneficiary
                        expenditures under such parts in the last two
                        years of life as an alternative measure if the
                        Secretary determines that such measure better
                        takes into account severity differences among
                        hospital referral areas.
                            ``(ii) Establishment.--The cost component
                        for a hospital referral area (as so defined)
                        shall be the ratio of the cost per beneficiary
                        for such area to the national average cost per
                        beneficiary.''.
    (b) Conforming Amendments.--Section 1848 of the Social Security Act
(42 U.S.C. 1395w-4) is amended--
            (1) in subsection (b)(1)(C), by striking ``geographic'' and
        inserting ``geographic and value''; and
            (2) in subsection (e)--
                    (A) in paragraph (1)--
                            (i) in the heading, by inserting ``and
                        value'' after ``geographic'';
                            (ii) in subparagraph (A), by striking
                        clause (iii) and inserting the following new
                        clause:
                            ``(iii) a value index (as defined in
                        paragraph (6)) applicable to physician work.'';
                            (iii) in subparagraph (C), by inserting
                        ``and value'' after ``geographic'' in the first
                        sentence;
                            (iv) in subparagraph (D), by striking
                        ``physician work effort'' and inserting
                        ``value'';
                            (v) by striking subparagraph (E); and
                            (vi) by striking subparagraph (G);
                    (B) by striking paragraph (2) and inserting the
                following new paragraph:
            ``(2) Computation of geographic and value adjustment
        factor.--For purposes of subsection (b)(1)(C), for all
        physicians' services for each hospital referral area (as
        defined by the Secretary) the Secretary shall establish a
        geographic and value adjustment factor equal to the sum of the
        geographic cost-of-practice adjustment factor (specified in
        paragraph (3)), the geographic malpractice adjustment factor
        (specified in paragraph (4)), and the value adjustment factor
        (specified in paragraph (5)) for the service and the area.'';
        and
                    (C) by striking paragraph (5) and inserting the
                following new paragraph:
            ``(5) Physician work value adjustment factor.--For purposes
        of paragraph (2), the `physician work value adjustment factor'
        for a service for a hospital referral area (as defined by the
        Secretary), is the product of--
                    ``(A) the proportion of the total relative value
                for the service that reflects the relative value units
                for the work component; and
                    ``(B) the value index score for the area, based on
                the value index established under paragraph (6).''.
    (c) Availability of Quality Component Prior to Implementation.--The
Secretary of Health and Human Services shall make the quality component
described in section 1848(c)(6)(B) of the Social Security Act, as added
by subsection (a), for each hospital referral area (as defined by the
Secretary) available to the public by not later than July 1, 2011.
    (d) Effective Date.--Subject to subsection (e), the amendments made
by this section shall apply to the Medicare physician fee schedule for
2012 and each subsequent year.
    (e) Transition.--Notwithstanding the amendments made by the
preceding provisions of this section, the Secretary of Health and Human
Services shall provide for an appropriate transition to the amendments
made by this section. Under such transition, in the case of payments
under such fee schedule for services furnished during--
            (1) 2012, 25 percent of such payments shall be based on the
        amount of payment that would have applied to the services if
        such amendments had not been enacted and 75 percent of such
        payment shall be based on the amount of payment that would have
        applied to the services if such amendments had been fully
        implemented;
            (2) 2013, 50 percent of such payment shall be based on the
        amount of payment that would have applied to the services if
        such amendments had not been enacted and 50 percent of such
        payment shall be based on the amount of payment that would have
        applied to the services if such amendments had been fully
        implemented; and
            (3) 2014 and subsequent years, 100 percent of such payment
        shall be based on the amount of payment that is applicable
        under such amendments.

Summary: Medicare Payment Improvement Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act to require the Secretary of Health and Human Services (HHS) to determine a value index for the physician work component for each Medicare hospital referral area.

A bill to amend title XVIII of the Social Security Act to create a value indexing mechanism for the physician work component of the Medicare physician fee schedule.


SECTION 1. NATIONAL ACADEMY OF SPACE.

    (a) Establishment of Academy.--The Administrator shall establish a
National Academy of Space for the instruction and preparation of
selected individuals for service in a space-related capacity in the
employ of the United States or a United States corporation. The Academy
shall consist of a program of instruction leading to baccalaureate
degrees in science, mathematics, and engineering at not less than 6 nor
more than 10 universities selected under subsection (b)(3), with
uniform curriculum criteria established by the Board, in conjunction
with the Director. The Academy shall establish a permanent headquarters
within 85 miles of an existing National Aeronautics and Space
Administration facility for its administrative staff and for use by the
Board.
    (b) Board.--
            (1) Membership.--The Administrator shall appoint a Board of
        the National Academy of Space (in this section referred to as
        the ``Board'') consisting of a broadly representative group of
        scientists, engineers, educators, and businessmen representing
        space-related industries, along with the president of each
        university selected under paragraph (3).
            (2) Functions.--The Board shall--
                    (A) develop an exam for secondary students testing
                knowledge in science, mathematics, and engineering, or
                select an exam from among existing national exams, and
                annually administer such exam;
                    (B) establish uniform curriculum criteria for
                Member Institutes;
                    (C) provide for the placement at one of the Member
                Institutes of students awarded scholarships under this
                section at the Academy;
                    (D) administer the awarding of such scholarships;
                and
                    (E) establish a placement program to assist
                recipients of awards under this section in obtaining
                positions described in subsection (k)(1)(A).
            (3) Selection of universities for academy.--The Board shall
        select not less than 6 nor more than 10 State universities that
        are regional in scope and that have outstanding degree programs
        in science, mathematics, and engineering to be designated as
        Member Institutes of the Academy. The selections shall come
        from universities that have applied to the Board and that have
        demonstrated the willingness and capability to provide room, in
        a separate dormitory or portion of a dormitory, and board to
        scholarship winners and to offer the Academy's uniform
        curriculum.
    (c) Results of Exam.--The Board shall annually certify the top 10
scorers in each congressional district on the exam developed or
selected under subsection (b)(2)(A), and award to the top 2 scorers in
each State, and to the top scorer in each district who is not one of
the top 2 scorers in the State, a scholarship under this section.
    (d) Scholarships Authorized.--(1) The Board shall establish a
scholarship program for students to attend the Academy who are willing
to commit themselves to service described in subsection (k).
    (2) A student who satisfies the requirements of subsection (f)(1)
may receive a scholarship for a period of 1 academic year of
undergraduate study at the Academy.
    (3) A student who satisfies the requirements of subsection (f)(2)
may receive additional scholarships, each awarded for a period of 1
academic year, in order to complete his or her undergraduate course of
study to a maximum of 3 such additional awards.
    (4) The individuals awarded scholarships under this section shall
be referred to as the ``Space Corps''.
    (e) Disbursal of Scholarship Proceeds.--Scholarship proceeds shall
be disbursed on behalf of students who receive scholarships under this
section to the institutions of higher education at which the students
are enrolled. No scholarship proceeds shall be disbursed on behalf of a
student unless the student is enrolled at an institution of higher
education.
    (f) Eligibility.--
            (1) Initial eligibility.--Only individuals who are--
                    (A) citizens or nationals of the United States, or
                aliens lawfully admitted to the United States for
                permanent residence;
                    (B) majoring in the physical, life, or computer
                sciences, mathematics, or engineering; and
                    (C) enrolled in an institution of higher education
                as a full-time undergraduate student (as determined by
                the institution of higher education),
        shall be eligible for awards under this section.
            (2) Requirements for continuation awards.--A student who
        has received a scholarship under this section may receive a
        continuation award under subsection (d)(3) for a subsequent
        academic year of undergraduate education if the student--
                    (A) maintains a high level of academic achievement,
                as determined in accordance with the regulations of the
                Administrator;
                    (B) continues to major in one of the physical,
                life, or computer sciences, mathematics, or
                engineering; and
                    (C) continues to be enrolled at an institution of
                higher education as a full-time undergraduate student
                (as determined by the institution).
    (g) Waiver of Full-Time Attendance Requirement.--The Administrator
may waive the full-time attendance requirements in this section in
unusual circumstances.
    (h) Failure To Meet Eligibility Requirements.--In the event that
the student fails to meet the requirements of this section, the
student's eligibility to receive further scholarships (or scholarship
proceeds) under this section shall be suspended in accordance with the
regulations of the Administrator.
    (i) Reinstatement or Eligibility.--The Administrator shall
determine circumstances under which eligibility of a scholarship
recipient under this section may be reinstated if the recipient seeks
to reenter school after an interruption of schooling for personal
reasons, including, but not limited to, pregnancy, child-rearing, and
other family responsibilities.
    (j) Scholarship Amount.--
            (1) Amount of award.--Except as provided in paragraph (2),
        the amount of a scholarship awarded under this section shall
        cover the full tuition and fees of the student at the Academy.
            (2) Adjustments for insufficient appropriations.--In the
        event that funds available in a fiscal year are insufficient to
        fully fund all awards under this section, the amount paid to
        each student shall be reduced proportionately.
    (k) Service Requirement.--
            (1) Space scholarships.--Each recipient of an award under
        this section shall, as a condition of the receipt of such
        award, agree to complete 4 years of--
                    (A) service in a space-related capacity in the
                employ of the United States or any corporation or other
                entity, organized under the laws of the United States
                or of a State of the United States, at least 50 percent
                of which is owned by United States nationals, and which
                is engaged in space-related research or endeavor;
                    (B) postgraduate education in physical, life, or
                computer science, mathematics, or engineering at an
                institution of higher education; or
                    (C) a combination of service and education
                described under subparagraphs (A) and (B).
            (2) Repayment obligation.--As part of the agreement
        required under paragraph (1), each recipient shall agree, in
        the event of failure to complete the service obligation
        described in paragraph (1), to repay an amount equal to--
                    (A) the total amount of awards received by such
                individual under this section; plus
                    (B) the interest on such amounts which would be
                payable if at the time the amounts were received the
                amounts were loans bearing interest at the maximum
                legal prevailing rate, as determined by the Treasurer
                of the United States.
        Such repayment shall be made within 1 year after the recipient
        has ceased to perform the service obligation described in
        paragraph (1).
            (3) Exceptions.--The Administrator may provide for the
        partial or total waiver or suspension of any service obligation
        or payment by an individual under this section in the same
        manner as is permitted under section 558 of the Higher
        Education Act of 1965 with respect to scholarships under
        subpart 1 of part D of title V of the Higher Education Act of
        1965, except that pregnancy, child-rearing, or comparable
        family responsibilities shall also be grounds for deferral.
    (l) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
            (1) $9,000,000 for fiscal year 1996, of which $5,000,000
        shall be for the establishment of a permanent headquarters for
        the Academy pursuant to section 1(a);
            (2) $4,000,000 for fiscal year 1997;
            (3) $4,000,000 for fiscal year 1998;
            (4) $4,000,000 for fiscal year 1999; and
            (5) $4,000,000 for fiscal year 2000.

SEC. 2. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``Administrator'' means the Administrator of
        the National Aeronautics and Space Administration;
            (2) the term ``institution of higher education'' has the
        meaning given such term in section 1201(a) of the Higher
        Education Act of 1965; and
            (3) the term ``State'' means each of the 50 States and any
        other Commonwealth, territory, or possession of the United
        States represented in the Congress by a Member or Delegate.

Summary: Directs the Administrator of the National Aeronautics and Space Administration to: (1) establish a National Academy of Space to prepare qualifying individuals for Government or US corporate space-related service. And (2) appoint a Board of the National Academy of Space whose functions shall include exam and curriculum development, scholarship and placement administration, and selection of State universities as Member Institutes of the Academy. Authorizes appropriations.

To establish a National Academy of Space, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Securing Department of Homeland
Security Firearms Act of 2017'' or the ``Securing DHS Firearms Act of
2017''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Department.--The term ``Department'' means the
        Department of Homeland Security.
            (2) Lost.--The term ``lost'' includes loss by theft.
            (3) Sensitive assets.--The term ``sensitive assets'' means
        any asset, regardless of value--
                    (A) that the Department of Homeland Security issues
                to a Department employee; and
                    (B) that either the Under Secretary for Management
                of the Department or a component head determines
                requires special control and accounting.
            (4) Under secretary for management.--The term ``Under
        Secretary for Management'' means the Under Secretary for
        Management of the Department of Homeland Security.

SEC. 3. INCLUSION OF SECURING FIREARMS AND OTHER SENSITIVE ASSETS IN
              RESPONSIBILITIES OF UNDER SECRETARY FOR MANAGEMENT.

    Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341) is
amended--
            (1) in subsection (a)(6), by inserting ``(including
        firearms and other sensitive assets)'' after ``equipment'';
            (2) by redesignating the second subsection (e) (relating to
        the definition of interoperable communications) as subsection
        (f); and
            (3) by amending such redesignated subsection (f) to read as
        follows:
    ``(f) Definitions.--In this section:
            ``(1) Interoperable communications.--The term
        `interoperable communications' has the meaning given such term
        in section 7303(g) of the Intelligence Reform and Terrorism
        Prevention Act of 2004 (6 U.S.C. 194(g)).
            ``(2) Sensitive assets.--The term `sensitive assets' means
        any asset, regardless of value--
                    ``(A) that the Department of Homeland Security
                issues to a Department employee; and
                    ``(B) that either the Under Secretary for
                Management of the Department or a component head
                determines requires special control and accounting.''.

SEC. 4. MANAGEMENT DIRECTIVE.

    (a) Safeguarding Firearms and Sensitive Assets Directive.--
            (1) In general.--Not later than 120 days after the date of
        the enactment of this Act, the Under Secretary for Management
        shall develop and disseminate a Department-wide directive for
        achieving adequate security over firearms and other sensitive
        assets across the Department.
            (2) Contents.--The directive required under subsection (a)
        shall, at a minimum, include the following:
                    (A) Descriptions of what equipment, in addition to
                firearms, is classified as a sensitive asset for the
                purpose of carrying out this Act.
                    (B) Requirements for securing Department-issued
                firearms and other sensitive assets.
                    (C) A classification system for all categories of
                Department-issued badges and corresponding requirements
                for safeguarding such assets.
                    (D) Reporting requirements for lost firearms and
                other sensitive assets, including timelines for such
                reporting, to supervisors, local law enforcement, the
                Federal Bureau of Investigation's National Crime
                Information Center, and Department headquarters.
                    (E) Recordkeeping requirements for lost firearms
                and other sensitive assets in inventory systems,
                including a timeline for recording such losses.
            (3) Review and update of directive.--Not later than 1 year
        after the issuance of the directive required under subsection
        (a) the Under Secretary for Management shall review and update,
        as necessary, such directive, including adding a requirement
        relating to recording in the inventory systems maintained by
        each component of the Department the acceptance or transfer of
        a firearm or other sensitive asset by such component.
    (b) Personal Property Asset Management Program Manual.--Together
with the issuance of the directive pursuant to subsection (a), the
Under Secretary for Management shall disseminate a revised version of
the Personal Property Asset Management Program Manual that includes the
following:
            (1) Requirements for component heads to develop procedures
        to safeguard firearms and other sensitive assets during on and
        off-duty time.
            (2) Requirements for the issuance of safety locking devices
        and policies on the use of such assets, as applicable.
            (3) Requirements for initial, recurrent, and remedial
        training on safeguarding such assets.
            (4) Examples, with detail, of how to report and record lost
        sensitive assets across components of the Department, and an
        enforcement mechanism to ensure supervisors maintain such
        records.
            (5) A requirement that the file maintained on a lost
        firearm or other sensitive asset contains both the
        corresponding police report and the Department report detailing
        the circumstances surrounding such loss, including information
        on adherence to safeguarding procedures.

SEC. 5. COMPONENT RESPONSIBILITIES.

    Department component heads shall--
            (1) comply with Federal law, Federal regulations, executive
        branch guidance, and Department policy, including directives
        required by this Act, relating to the management and oversight
        of securing firearms and other sensitive assets;
            (2) review the need for non-law enforcement badges;
            (3) require component personnel to safeguard firearms and
        other sensitive assets in accordance with the directive issued
        by the Under Secretary for Management under section 4;
            (4) require that component personnel adhere to the
        procedures and timelines for properly reporting to supervisors
        lost firearms and other sensitive assets;
            (5) require that lost firearms and other sensitive assets
        are reported to local law enforcement, the Federal Bureau of
        Investigation's National Crime Information Center, and
        Department headquarters in the timeframe established in such
        directive; and
            (6) require that lost firearms and other sensitive assets
        are recorded in inventory systems in the timeframe established
        by such directive.

SEC. 6. INSPECTOR GENERAL REVIEW.

    The Inspector General of the Department of Homeland Security shall,
on an ongoing basis, review implementation of this Act and, not later
than 180 days after issuance of the directive under section 4, submit
to the Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs of the
Senate a review of the progress and effectiveness of such directive,
including an assessment of the adequacy of such directive, as well as
the level of compliance among the components of the Department to
achieve adequate security of sensitive assets across Department
components.

            Passed the House of Representatives January 9, 2018.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Summary: Securing Department of Homeland Security Firearms Act of 2017 or the Securing DHS Firearms Act of 2017 This bill makes the Under Secretary for Management of the Department of Homeland Security (DHS) responsible for the security of DHS firearms and other sensitive assets. quot, Sensitive assetsquot. Are defined as any asset, regardless of value, that DHS issues to a DHS employee and that the Under Secretary or a component head determines requires special control and accounting. The Under Secretary shall develop and disseminate a directive for achieving adequate security over such assets across DHS, which shall include: (1) descriptions of what equipment is classified as a sensitive asset, (2) requirements for securing such assets, (3) a classification system for all categories of DHS-issued badges and corresponding requirements for safeguarding such assets, and (4) reporting and record keeping requirements for lost assets . The Under Secretary shall update such directive within one year, including by adding a requirement relating to recording in the inventory systems maintained by each DHS component the acceptance or transfer of a sensitive asset. The Under Secretary shall disseminate a revised version of the Personal Property Asset Management Program Manual that includes: requirements for component heads to develop procedures to safeguard firearms and other sensitive assets during on- and off-duty time. Requirements for the issuance of safety locking devices and policies on the use of such assets, requirements for training on safeguarding such assets. Instructions for reporting and recording lost sensitive assets and an enforcement mechanism to ensure that supervisors maintain such records. And a requirement that a file on a lost asset contain the DHS report and the corresponding police report. DHS components must: comply with federal law, executive branch guidance, and DHS policy regarding the management and oversight of securing sensitive assets, review the need for non-law enforcement badges. Require personnel to comply with requirements for safeguarding sensitive assets and reporting on lost assets. And require that lost assets are reported to local law enforcement, the National Crime Information Center, and DHS headquarters and recorded in inventory systems in the time frame established by the security directive. The Inspector General of DHS shall, on an ongoing basis, review implementation of this bill and report to Congress on the progress and effectiveness of the directive for safeguarding firearms and sensitive assets.


SECTION 1. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``base closure law'' means the Defense Base
        Closure and Realignment Act of 1990 (part A of title XXIX of
        Public Law 101-510; 10 U.S.C. 2687 note) and title II of the
        Defense Authorization Amendments and Base Closure and
        Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note);
            (2) the term ``closed military installation'' means a
        military installation closed or approved for closure pursuant
        to a base closure law;
            (3) the term ``designated refinery'' means a refinery
        designated under section 2(a);
            (4) the term ``Federal refinery authorization''--
                    (A) means any authorization required under Federal
                law, whether administered by a Federal or State
                administrative agency or official, with respect to
                siting, construction, expansion, or operation of a
                refinery; and
                    (B) includes any permits, special use
                authorizations, certifications, opinions, or other
                approvals required under Federal law with respect to
                siting, construction, expansion, or operation of a
                refinery;
            (5) the term ``refinery'' means--
                    (A) a facility designed and operated to receive,
                load, unload, store, transport, process, and refine
                crude oil by any chemical or physical process,
                including distillation, fluid catalytic cracking,
                hydrocracking, coking, alkylation, etherification,
                polymerization, catalytic reforming, isomerization,
                hydrotreating, blending, and any combination thereof,
                in order to produce gasoline or other fuel; or
                    (B) a facility designed and operated to receive,
                load, unload, store, transport, process, and refine
                coal by any chemical or physical process, including
                liquefaction, in order to produce gasoline, diesel, or
                other liquid fuel as its primary output;
            (6) the term ``Secretary'' means the Secretary of Energy;
        and
            (7) the term ``State'' means a State, the District of
        Columbia, the Commonwealth of Puerto Rico, and any other
        territory or possession of the United States.

SEC. 2. STATE PARTICIPATION AND PRESIDENTIAL DESIGNATION.

    (a) Designation Requirement.--Not later than 90 days after the date
of enactment of this Act, the President shall designate no less than 3
closed military installations, or portions thereof, subject to
subsection (c)(2), that are appropriate for the purposes of siting a
refinery.
    (b) Analysis of Refinery Sites.--In considering any site for
possible designation under subsection (a), the President shall conduct
an analysis of--
            (1) the availability of crude oil supplies to the site,
        including supplies from domestic production of shale oil and
        tar sands and other strategic unconventional fuels;
            (2) the distribution of the Nation's refined petroleum
        product demand;
            (3) whether such site is in close proximity to substantial
        pipeline infrastructure, including both crude oil and refined
        petroleum product pipelines, and potential infrastructure
        feasibility;
            (4) the need to diversify the geographical location of the
        domestic refining capacity;
            (5) the effect that increased refined petroleum products
        from a refinery on that site may have on the price and supply
        of gasoline to consumers;
            (6) the impact of locating a refinery on the site on the
        readiness and operations of the Armed Forces; and
            (7) such other factors as the President considers
        appropriate.
    (c) Sale or Disposal.--
            (1) Designation.--Except as provided in paragraph (2),
        until the expiration of 2 years after the date of enactment of
        this Act, the Federal Government shall not sell or otherwise
        dispose of the military installations designated pursuant to
        subsection (a).
            (2) Governor's objection.--No site may be used for a
        refinery under this Act if, not later than 60 days after
        designation of the site under subsection (a), the Governor of
        the State in which the site is located transmits to the
        President an objection to the designation, unless, not later
        than 60 days after the President receives such objection, the
        Congress has by law overridden the objection.
    (d) Redevelopment Authority.--With respect to a closed military
installation, or portion thereof, designated by the President as a
potentially suitable refinery site pursuant to subsection (a)--
            (1) the redevelopment authority for the installation, in
        preparing or revising the redevelopment plan for the
        installation, shall consider the feasibility and practicability
        of siting a refinery on the installation; and
            (2) the Secretary of Defense, in managing and disposing of
        real property at the installation pursuant to the base closure
        law applicable to the installation, shall give substantial
        deference to the recommendations of the redevelopment
        authority, as contained in the redevelopment plan for the
        installation, regarding the siting of a refinery on the
        installation.

SEC. 3. PROCESS COORDINATION AND RULES OF PROCEDURE.

    (a) Designation as Lead Agency.--
            (1) In general.--The Department of Energy shall act as the
        lead agency for the purposes of coordinating all applicable
        Federal refinery authorizations and related environmental
        reviews with respect to a designated refinery.
            (2) Other agencies.--Each Federal and State agency or
        official required to provide a Federal refinery authorization
        shall cooperate with the Secretary and comply with the
        deadlines established by the Secretary.
    (b) Schedule.--
            (1) Secretary's authority to set schedule.--The Secretary
        shall establish a schedule for all Federal refinery
        authorizations with respect to a designated refinery. In
        establishing the schedule, the Secretary shall--
                    (A) ensure expeditious completion of all such
                proceedings; and
                    (B) accommodate the applicable schedules
                established by Federal law for such proceedings.
            (2) Failure to meet schedule.--If a Federal or State
        administrative agency or official does not complete a
        proceeding for an approval that is required for a Federal
        refinery authorization in accordance with the schedule
        established by the Secretary under this subsection, the
        applicant may pursue remedies under subsection (d).
    (c) Consolidated Record.--The Secretary shall, with the cooperation
of Federal and State administrative agencies and officials, maintain a
complete consolidated record of all decisions made or actions taken by
the Secretary or by a Federal administrative agency or officer (or
State administrative agency or officer acting under delegated Federal
authority) with respect to any Federal refinery authorization. Such
record shall be the record for judicial review under subsection (d) of
decisions made or actions taken by Federal and State administrative
agencies and officials, except that, if the Court determines that the
record does not contain sufficient information, the Court may remand
the proceeding to the Secretary for further development of the
consolidated record.
    (d) Judicial Review.--
            (1) In general.--The United States Court of Appeals for the
        District of Columbia shall have original and exclusive
        jurisdiction over any civil action for the review of--
                    (A) an order or action, related to a Federal
                refinery authorization, by a Federal or State
                administrative agency or official; and
                    (B) an alleged failure to act by a Federal or State
                administrative agency or official acting pursuant to a
                Federal refinery authorization.
        The failure of an agency or official to act on a Federal
        refinery authorization in accordance with the Secretary's
        schedule established pursuant to subsection (b) shall be
        considered inconsistent with Federal law for the purposes of
        paragraph (2) of this subsection.
            (2) Court action.--If the Court finds that an order or
        action described in paragraph (1)(A) is inconsistent with the
        Federal law governing such Federal refinery authorization, or
        that a failure to act as described in paragraph (1)(B) has
        occurred, and the order, action, or failure to act would
        prevent the siting, construction, expansion, or operation of
        the designated refinery, the Court shall remand the proceeding
        to the agency or official to take appropriate action consistent
        with the order of the Court. If the Court remands the order,
        action, or failure to act to the Federal or State
        administrative agency or official, the Court shall set a
        reasonable schedule and deadline for the agency or official to
        act on remand.
            (3) Secretary's action.--For any civil action brought under
        this subsection, the Secretary shall promptly file with the
        Court the consolidated record compiled by the Secretary
        pursuant to subsection (c).
            (4) Expedited review.--The Court shall set any civil action
        brought under this subsection for expedited consideration.
            (5) Attorney's fees.--In any action challenging a Federal
        refinery authorization that has been granted, reasonable
        attorney's fees and other expenses of litigation shall be
        awarded to the prevailing party. This paragraph shall not apply
        to any action seeking remedies for denial of a Federal refinery
        authorization or failure to act on an application for a Federal
        refinery authorization.

Summary: Requires the President to designate not less than three closed military installations that are appropriate for siting a refinery for gasoline or other fuel. Designates the Department of Energy as the lead agency for coordinating applicable federal refinery authorizations and related environmental reviews with respect to a designated refinery. Gives the US Court of Appeals for the District of Columbia exclusive jurisdiction over civil actions relating to federal refinery authorizations.

To expedite the construction of new refining capacity on closed military installations in the United States, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Dual Incentive Education Act of
2002''.

SEC. 2. GRADUATE STUDY REIMBURSEMENTS FOR CERTAIN LEGISLATIVE BRANCH
              EMPLOYEES.

    (a) In General.--The head of each employing office in the
legislative branch may make payments to an eligible employee of the
office to reimburse the employee for tuition and fees paid by the
employee to an institution of higher education during a semester for
enrollment in a program of post-baccalaureate study leading to a
graduate degree.
    (b) Amount of Payment.--The amount of a payment made to an eligible
employee under this Act shall be equal to the amount of tuition and
fees paid by the employee to the institution of higher education for
the semester (excluding any portion of such tuition and fees covered by
a scholarship or other type of financial assistance which does not
consist of a student loan), except that such amount may not exceed
$3,000.

SEC. 3. ELIGIBILITY OF EMPLOYEES.

    (a) In General.--For purposes of this section, an employee is
eligible to receive a payment under this Act if--
            (1) at the time the first payment is made to the employee
        under this Act, the employee has been continuously employed on
        a full-time basis by an employing office for not fewer than 12
        consecutive months;
            (2) with respect to the semester for which the payment is
        made, the employee meets the student assistance eligibility
        requirements of section 484(a) of the Higher Education
        Assistance Act of 1965 (20 U.S.C. 1091(a));
            (3) with respect to the semester for which the payment is
        made, the employee provides the head of the employing office
        with a certification from the institution of higher education
        in which the employee is enrolled of the employee's enrollment
        in a graduate program and of the amount of tuition and fees
        paid by the employee to the institution;
            (4) the employee has not received a payment under this Act
        for enrollment in another program of post-baccalaureate study,
        except that nothing in this paragraph may be construed to
        prohibit an employee from receiving a payment for enrollment in
        a program leading to more than one graduate degree; and
            (5) the employee provides the office with such other
        information and assurances as the head of the office may
        require.
    (b) Treatment of Payments as Addition to Basic Pay.--Any payment
made to an eligible employee under this Act shall be in addition to
basic pay and any other form of compensation otherwise payable to the
employee involved.

SEC. 4. PERMITTING PAYMENTS FOR PREVIOUS ENROLLMENT.

    An employing office which makes a payment under this Act to an
eligible employee with respect to a semester may make a payment under
this Act with respect to any semester occurring during the 12-month
period which ends on the first day of the first semester for which a
payment is made to the employee by such office under this Act if--
            (1) the payment is made with respect to the same program of
        post-baccalaureate study for which the first payment is made to
        the employee by such office under this Act; and
            (2) the employee meets the eligibility requirements of
        section 3 with respect to such semester.

SEC. 5. ASSISTANCE OF SECRETARY OF EDUCATION.

    The Secretary of Education shall assist employing offices in the
legislative branch in carrying out this Act.

SEC. 6. EMPLOYING OFFICE DEFINED.

    The term ``employing office in the legislative branch'' means any
of the following:
            (1) The personal office of a Member of the House of
        Representatives (including a Delegate or Resident Commissioner
        to the Congress).
            (2) A committee of the House of Representatives or a joint
        committee, except that the majority and minority office of such
        a committee shall each be considered as a separate employing
        office in the legislative branch.
            (3) Any other office headed by a person with the final
        authority to appoint, hire, discharge, and set the terms,
        conditions, or privileges of the employment of an employee of
        the House of Representatives.
            (4) The Office of the Architect of the Capitol.
            (5) The Capitol Police Board.
            (6) The Congressional Budget Office.
            (7) The General Accounting Office.
            (8) The Government Printing Office.
            (9) The Library of Congress (including the Congressional
        Research Service).

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to each employing office
such sums as may be necessary for making graduate study payments under
this Act in fiscal year 2003 and each succeeding fiscal year.

Summary: Dual Incentive Education Act of 2002 - Permits the heads of legislative branch employing offices to make payments to employees of up to $3,000 for reimbursement of tuition and fees for a semester of graduate study. Requires beneficiaries to have been employed full-time for at least 12 consecutive months and to meet the student assistance eligibility requirements of the Higher Education Assistance Act of 1965. Excludes payments for any portion of tuition and fees covered by a scholarship or other type of financial assistance that does not consist of a student loan.

To establish a program under which employees of the legislative branch may be reimbursed for the costs of graduate school tuition and fees, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Certified Registered Nurse
First Assistant Direct Reimbursement Act of 2001''.

SEC. 2. MEDICARE COVERAGE OF SURGICAL FIRST ASSISTING SERVICES OF
              CERTIFIED REGISTERED NURSE FIRST ASSISTANTS.

    (a) Services Covered.--Section 1861(s)(2) of the Social Security
Act (42 U.S.C. 1395x(s)(2)), as amended by sections 102(a) and 105(a)
of the Medicare, Medicaid, and SCHIP Benefits Improvement and
Protection Act of 2000, as enacted into law by section 1(a)(6) of
Public Law 106-554, is amended--
            (1) by striking ``and'' at the end of subparagraph (U);
            (2) by inserting ``and'' at the end of subparagraph (V);
        and
            (3) by adding at the end the following new subparagraph:
            ``(W) surgical first assisting services (as defined in
        subsection (ww)(1)) furnished by a certified registered nurse
        first assistant (as defined in subsection (ww)(2));''.
    (b) Services Described.--Section 1861 of the Social Security Act
(42 U.S.C. 1395x) , as amended by sections 102(b) and 105(b) of the
Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act
of 2000, as enacted into law by section 1(a)(6) of Public Law 106-554,
is amended by adding at the end the following new subsection:

 ``Surgical First Assisting Services; Certified Registered Nurse First
                               Assistant

    ``(ww)(1) The term `surgical first assisting services' means
services consisting of first assisting a physician with surgery and
related preoperative, intraoperative, and postoperative care (as
determined by the Secretary) furnished by a certified registered nurse
first assistant (as defined in paragraph (2)) which the certified
registered nurse first assistant is legally authorized to perform by
the State in which the services are performed.
    ``(2) The term `certified registered nurse first assistant' means
an individual who--
            ``(A) is a registered nurse and is licensed to practice
        nursing in the State in which the surgical first assisting
        services are performed;
            ``(B) has completed a minimum of 2,000 hours of first
        assisting a physician with surgery and related preoperative,
        intraoperative, and postoperative care; and
            ``(C) is certified as a registered nurse first assistant by
        an organization recognized by the Secretary.''.
    (c) Payment Amount.--Section 1833(a)(1) of the Social Security Act
(42 U.S.C. 1395l(a)(1)), as amended by sections 105(c) and 223(c) of
the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection
Act of 2000, as enacted into law by section 1(a)(6) of Public Law 106-
554, is amended--
            (1) by striking ``and'' before ``(U)''; and
            (2) by inserting before the semicolon at the end the
        following: ``, and (V) with respect to surgical first assisting
        services (as defined in section 1861(ww)(1)) furnished by a
        certified registered nurse first assistant (as defined in
        section 1861(ww)(2)), the amount paid shall be 80 percent of
        the lesser of the actual charge for the services or 85 percent
        of the amount determined under the fee schedule established
        under section 1848(b) for the same services if furnished by a
        physician''.
    (d) Payments to Employers.--
            (1) In general.--Section 1833(r) of the Social Security Act
        (42 U.S.C. 1395l(r)) is amended--
                    (A) in paragraph (1), by inserting ``or section
                1861(s)(2)(W) (relating to surgical first assisting
                services)'' after ``clinical nurse specialist
                services)''; and
                    (B) in paragraph (2), by striking
                ``1861(s)(2)(K)(ii)'' and inserting ``1861(s)(2)(K)(ii)
                or 1861(s)(2)(W)''.
            (2) Application of mandatory assignment rules.--Section
        1842(b)(18)(C)(i) of such Act (42 U.S.C. 1395u(b)(18)(C)(i)) is
        amended by striking ``physician assistant, nurse practitioner,
        clinical nurse specialist'' and inserting ``physician
        assistant, nurse practitioner, clinical nurse specialist, or
        certified registered nurse first assistant''.
            (3) Exclusion from bundled payments for covered skilled
        nursing facility services.--Section 1888(e)(2)(A)(ii) of such
        Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended by inserting
        ``surgical first assisting services of a certified registered
        nurse first assistant,'' after ``services of a certified
        registered nurse anesthetist,''.
    (e) Reduction in Payments To Avoid Duplicate Payment.--
Notwithstanding any other provision of law, the Secretary of Health and
Human Services may reduce the amount of payments otherwise made to
hospitals under title XVIII of the Social Security Act (42 U.S.C. 1395
et seq.) to eliminate estimated duplicate payments for historical or
current costs attributable to surgical first assisting services
furnished by certified registered nurse first assistants as described
in section 1861(ww) of such Act (as added by subsection (a)).
    (f) Effective Date.--The amendments made by this section shall
apply to services furnished on or after the date of the enactment of
this Act.

SEC. 3. STUDY OF PAYMENT RATES.

    Not later than 180 days after the date of the enactment of this
Act, the Secretary of Health and Human Services shall submit to
Congress a report containing recommendations for adjustments to the
payment amounts established under part B of title XVIII of the Social
Security Act for surgical first assisting services furnished by
certified registered nurse first assistants (as described in section
1861(ww) of such Act (as added by section 1(a)) to ensure that the
payment amounts reflect the approximate costs of furnishing such
services, taking into account the costs of compensation, overhead, and
supervision attributable to certified registered nurse first
assistants.

Summary: Medicare Certified Registered Nurse First Assistant Direct Reimbursement Act of 2001 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of surgical first assisting services furnished by certified registered nurse first assistants.

To amend title XVIII of the Social Security Act to provide for coverage under the Medicare Program for surgical first assisting services of certified registered nurse first assistants.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Adoption Promotion Act of 1996''.

SEC. 2. CREDIT FOR ADOPTION EXPENSES.

    (a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 22 the
following new section:

``SEC. 23. ADOPTION EXPENSES.

    ``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this chapter
for the taxable year the amount of the qualified adoption expenses paid
or incurred by the taxpayer with respect to the adoption of a child.
    ``(b) Limitations.--
            ``(1) Dollar limitation.--The aggregate amount of qualified
        adoption expenses which may be taken into account under
        subsection (a) with respect to the adoption of a child shall
        not exceed $5,000 ($7,500, in the case of a child with special
        needs).
            ``(2) Income limitation.--The amount allowable as a credit
        under subsection (a) for any taxable year shall be reduced (but
        not below zero) by an amount which bears the same ratio to the
        amount so allowable (determined without regard to this
        paragraph but with regard to paragraph (1)) as--
                    ``(A) the amount (if any) by which the taxpayer's
                adjusted gross income (determined without regard to
                sections 911, 931, and 933) exceeds $65,000, bears to
                    ``(B) $30,000.
            ``(3) Denial of double benefit.--
                    ``(A) In general.--No credit shall be allowed under
                subsection (a) for any expense for which a deduction or
                credit is allowable under any other provision of this
                chapter.
                    ``(B) Grants.--No credit shall be allowed under
                subsection (a) for any expense to the extent that funds
                for such expense are received under any Federal, State,
                or local program.
                    ``(C) Reimbursement.--No credit shall be allowed
                under subsection (a) for any expense to the extent that
                such expense is reimbursed and the reimbursement is
                excluded from gross income under section 138.
    ``(c) Carryforwards of Unused Credit.--If the credit allowable
under subsection (a) for any taxable year exceeds the limitation
imposed by section 26(a) for such taxable year reduced by the sum of
the credits allowable under this subpart (other than this section),
such excess shall be carried to the succeeding taxable year and added
to the credit allowable under subsection (a) for such taxable year. No
credit may be carried forward under this subsection to any taxable year
following the fifth taxable year after the taxable year in which the
credit arose. For purposes of the preceding sentence, credits shall be
treated as used on a first-in first-out basis.
    ``(d) Definitions.--For purposes of this section--
            ``(1) Qualified adoption expenses.--The term `qualified
        adoption expenses' means--
                    ``(A) reasonable and necessary adoption fees, court
                costs, attorney fees, and other expenses--
                            ``(i) which are directly related to, and
                        the principal purpose of which is for, the
                        legal and finalized adoption of an eligible
                        child by the taxpayer, and
                            ``(ii) which are not incurred in violation
                        of State or Federal law or in carrying out any
                        surrogate parenting arrangement, and
                    ``(B) in the case of the adoption of a child with
                special needs, any other expenses.
            ``(2) Expenses for adoption of spouse's child not
        eligible.--The term `qualified adoption expenses' shall not
        include any expenses in connection with the adoption by an
        individual of a child who is the child of such individual's
        spouse.
            ``(3) Eligible child.--The term `eligible child' means any
        individual who has not attained age 18 as of the time of the
        adoption.
            ``(4) Child with special needs.--The term `child with
        special needs' means any eligible child if--
                    ``(A) a State has determined that the child cannot
                or should not be returned to the home of his parents,
                and
                    ``(B) such State has determined that there exists
                with respect to the child a specific factor or
                condition (such as his ethnic background, age, or
                membership in a minority or sibling group, or the
                presence of factors such as medical conditions or
                physical, mental, or emotional handicaps) because of
                which it is reasonable to conclude that such child
                cannot be placed with adoptive parents without
                providing adoption assistance.
    ``(e) Married Couples Must File Joint Returns.--Rules similar to
the rules of paragraphs (2), (3), and (4) of section 21(e) shall apply
for purposes of this section.''.
    (b) Conforming Amendments.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 22 the
following new item:

                              ``Sec. 23. Adoption expenses.''.
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1995.

SEC. 3. DISTRIBUTIONS FROM CERTAIN PLANS MAY BE USED WITHOUT PENALTY TO
              PAY ADOPTION EXPENSES.

    (a) In General.--Paragraph (2) of section 72(t) of the Internal
Revenue Code of 1986 (relating to exceptions to 10-percent additional
tax on early distributions from qualified retirement plans) is amended
by adding at the end the following new subparagraph:
                    ``(D) Distributions from certain plans for adoption
                expenses.--Distributions to an individual from an
                individual retirement plan of so much of the qualified
                adoption expenses (as defined in section 23(d)) of the
                individual as does not exceed $2,000.''.
    (b) Conforming Amendment.--Subparagraph (B) of section 72(t)(2) of
the Internal Revenue Code of 1986 is amended by striking ``or (C)'' and
inserting ``, (C) or (D)''.
    (c) Effective Date.--The amendments made by this section shall
apply to payments and distributions after December 31, 1995.

SEC. 4. EXCLUSION OF AMOUNTS RECEIVED UNDER EMPLOYER'S ADOPTION
              ASSISTANCE PROGRAMS.

    (a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to items specifically excluded
from gross income) is amended by redesignating section 137 as section
138 and by inserting after section 136 the following new section:

``SEC. 137. ADOPTION ASSISTANCE PROGRAMS.

    ``(a) In General.--Gross income of an employee does not include
amounts paid or expenses incurred by the employer for qualified
adoption expenses in connection with the adoption of a child by an
employee if such amounts are furnished pursuant to an adoption
assistance program.
    ``(b) Limitations.--
            ``(1) Dollar limitation.--The aggregate amount excludable
        from gross income under subsection (a) for all taxable years
        with respect to the adoption of any single child by the
        taxpayer shall not exceed $5,000 ($7,500, in the case of a
        child with special needs (as defined in section 23(d)(4))).
            ``(2) Income limitation.--The amount excludable from gross
        income under subsection (a) for any taxable year shall be
        reduced (but not below zero) by an amount which bears the same
        ratio to the amount so excludable (determined without regard to
        this paragraph but with regard to paragraph (1)) as--
                    ``(A) the amount (if any) by which the taxpayer's
                adjusted gross income (determined without regard to
                this section and sections 911, 931, and 933) exceeds
                $75,000, bears to
                    ``(B) $40,000.
    ``(c) Adoption Assistance Program.--For purposes of this section,
an adoption assistance program is a plan of an employer--
            ``(1) under which the employer provides employees with
        adoption assistance, and
            ``(2) which meets requirements similar to the requirements
        of paragraphs (2), (3), and (5) of section 127(b).
An adoption reimbursement program operated under section 1052 of title
10, United States Code (relating to armed forces) or section 514 of
title 14, United States Code (relating to members of the Coast Guard)
shall be treated as an adoption assistance program for purposes of this
section.
    ``(d) Qualified Adoption Expenses.--For purposes of this section,
the term `qualified adoption expenses' has the meaning given such term
by section 23(d).''.
    (b) Conforming Amendment.--The table of sections for part III of
subchapter B of chapter 1 of the Internal Revenue Code of 1986 is
amended by striking the item relating to section 137 and inserting the
following:

                              ``Sec. 137. Adoption assistance programs.
                              ``Sec. 138. Cross reference to other
                                        Acts.''.
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1995.

Summary: Adoption Promotion Act of 1996 - Amends the Internal Revenue Code to allow an individual a tax credit of up to $5,000 for qualified adoption expenses paid or incurred during the taxable year. Provides a limitation based on modified adjusted gross income. Permits unused credit to be carried forward to the succeeding taxable year on a first-in first-out basis, but prohibits carrying forward credit to any taxable year following the fifth taxable year after the taxable year in which the credit arose. Allows distributions from an individual retirement plan to be used without penalty to pay for adoption expenses. Excludes from gross income aggregate amounts of up to $5,000 paid or expenses incurred by the employee for qualified adoption expenses in connection with the adoption of a child if such amounts are received under an employer's adoption assistance program. Provides a limitation based on modified adjusted gross income.

Adoption Promotion Act of 1996