SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Innovation Protection Act''.

SEC. 2. PATENT AND TRADEMARK OFFICE FUNDING.

    (a) Definitions.--In this section:
            (1) Director.--The term ``Director'' means the Under
        Secretary of Commerce for Intellectual Property and Director of
        the United States Patent and Trademark Office.
            (2) Fund.--The term ``Fund'' means the United States Patent
        and Trademark Office Public Enterprise Revolving fund
        established under subsection (c).
            (3) Office.--The term ``Office'' means the United States
        Patent and Trademark Office.
            (4) Trademark act of 1946.--The term ``Trademark Act of
        1946'' means the Act entitled ``An Act to provide for the
        registration and protection of trademarks used in commerce, to
        carry out the provisions of certain international conventions,
        and for other purposes'', approved July 5, 1946 (15 U.S.C. 1051
        et seq.) (commonly referred to as the ``Trademark Act of 1946''
        or the ``Lanham Act'').
    (b) Funding.--
            (1) In general.--Section 42 of title 35, United States
        Code, is amended--
                    (A) in subsection (b), by striking ``Patent and
                Trademark Office Appropriation Account'' and inserting
                ``United States Patent and Trademark Office Public
                Enterprise Fund''; and
                    (B) in subsection (c)--
                            (i) in paragraph (1)--
                                    (I) in the first sentence, by
                                striking ``To the extent'' and all that
                                follows through ``fees'' and inserting
                                ``Fees''; and
                                    (II) by striking ``shall be
                                collected by and shall, subject to
                                paragraph (3), be available to the
                                Director'' and inserting ``shall be
                                collected by, and shall be available
                                to, the Director until expended''; and
                            (ii) by striking paragraph (2) and
                        redesignating paragraph (3) as paragraph (2).
            (2) Effective date.--The amendments made by paragraph (1)
        shall take effect on the first day of the first fiscal year
        that begins on or after the date of the enactment of this Act.
    (c) USPTO Revolving Fund.--
            (1) Establishment.--There is established in the Treasury of
        the United States a revolving fund to be known as the ``United
        States Patent and Trademark Office Public Enterprise Fund''.
        Any amounts in the Fund shall be available for use by the
        Director without fiscal year limitation.
            (2) Derivation of resources.--
                    (A) In general.--There shall be deposited into the
                Fund on and after the effective date set forth in
                subsection (b)(2)--
                            (i) any fees collected under title 35,
                        United States Code; and
                            (ii) any fees collected under the Trademark
                        Act of 1946 (15 U.S.C. 1051 et seq.).
                    (B) Remaining balances.--There shall be deposited
                in the Fund, on the effective date set forth in
                subsection (b)(2), any unobligated balances remaining
                in the Patent and Trademark Office Appropriation
                Account, and in the Patent and Trademark Fee Reserve
                Fund established under section 42(b)(2) of title 31,
                United States Code, as in effect on the day before such
                effective date. Upon the payment of all obligated
                amounts in the Patent and Trademark Fee Reserve Fund,
                the Patent and Trademark Fee Reserve Fund shall be
                terminated.
            (3) Expenses.--Amounts deposited into the Fund under
        paragraph (2) shall be available, without fiscal year
        limitation, to cover--
                    (A) all expenses, to the extent consistent with the
                limitation on the use of fees set forth in section
                42(c) of title 35, United States Code, including all
                administrative and operating expenses, determined in
                the discretion of the Director to be ordinary and
                reasonable, incurred by the Director for the continued
                operation of all services, programs, activities, and
                duties of the Office relating to patents and
                trademarks, as such services, programs, activities, and
                duties are described under--
                            (i) title 35, United States Code; and
                            (ii) the Trademark Act of 1946; and
                    (B) all expenses incurred pursuant to any
                obligation, representation, or other commitment of the
                Office.
    (d) Annual Report and Operation Plan.--Not later than 60 days after
the end of each fiscal year, the Director shall submit to Congress a
report that--
            (1) summarizes the operations of the Office for the
        preceding fiscal year, including financial details and staff
        levels broken down by each major activity of the Office;
            (2) describes the long term modernization plans of the
        Office;
            (3) sets forth details of any progress towards such
        modernization plans made in the preceding fiscal year; and
            (4) includes the results of the most recent audit carried
        out under subsection (f).
    (e) Annual Spending Plan.--
            (1) In general.--Not later than 30 days after the beginning
        of each fiscal year, the Director shall notify the Committee on
        Appropriations of the House of Representatives and the
        Committee on Appropriations of the Senate of the plan for the
        obligation and expenditure by the Office of the total amount of
        the funds for that fiscal year in accordance with section 605
        of the Science, State, Justice, Commerce, and Related Agencies
        Appropriations Act, 2006 (Public Law 109-108; 119 Stat. 2334).
            (2) Contents.--Each plan under paragraph (1) shall--
                    (A) summarize the operations of the Office for the
                current fiscal year, including financial details and
                staff levels with respect to major activities; and
                    (B) detail the operating plan of the Office,
                including specific expense and staff needs, for the
                current fiscal year.
    (f) Audit.--The Director shall, on an annual basis, provide for an
independent audit of the financial statements of the Office. Such audit
shall be conducted in accordance with generally accepted accounting
principles.
    (g) Budget.--The Fund shall prepare and submit each year to the
President a business-type budget in such manner, and before such date,
as the President prescribes by regulation.

Summary: Innovation Protection Act - Establishes in the Treasury the United States Patent and Trademark Office Public Enterprise Fund to be used as a revolving fund by the Director of the US Patent and Trademark Office (USPTO) without fiscal year limitation. Requires to be credited to or deposited in the Public Enterprise Fund: (1) appropriations for defraying the costs of USPTO activities, (2) fees collected under federal patent and trademark laws. And (3) any unobligated balances remaining in the Patent and Trademark Office Appropriation Account and in the Patent and Trademark Fee Reserve Fund. Requires fees collected by the Director to remain available to the Director until expended. Makes the Public Enterprise Fund available to cover: (1) ordinary and reasonable administrative, operating, and other expenses incurred by the Director for the continued operation of USPTO services, programs, activities, and duties relating to patents and trademarks. And (2) expenses incurred pursuant to obligations, representations, or other commitments of the USPTO. Requires the Director, on an annual basis, to: (1) report to Congress with operation and spending plans, including financial details and staff levels broken down by each major activity, (2) provide for an independent audit of USPTO financial statements, and (3) submit a budget to the President.

Innovation Protection Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hire Now Tax Cut Act of 2010''.

SEC. 2. PAYROLL TAX FORGIVENESS FOR HIRING UNEMPLOYED WORKERS.

    (a) In General.--Section 3111 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
    ``(d) Special Exemption for Certain Individuals Hired in 2010.--
            ``(1) In general.--Subsection (a) shall not apply to wages
        paid by a qualified employer with respect to employment during
        the period beginning on the day after the date of the enactment
        of this subsection and ending on December 31, 2010, of any
        qualified individual for services performed--
                    ``(A) in a trade or business of such qualified
                employer, or
                    ``(B) in the case of a qualified employer exempt
                from tax under section 501(a), in furtherance of the
                activities related to the purpose or function
                constituting the basis of the employer's exemption
                under section 501.
            ``(2) Qualified employer.--For purposes of this subsection,
        the term `qualified employer' means any employer other than the
        United States, any State, any local government, or any
        instrumentality of the foregoing.
            ``(3) Qualified individual.--For purposes of this
        subsection, the term `qualified individual' means any
        individual who--
                    ``(A) begins employment with a qualified employer
                after February 3, 2010, and before January 1, 2011,
                    ``(B) certifies by signed affidavit, under
                penalties of perjury, that such individual has not been
                employed for more than 40 hours during the 60-day
                period ending on the date such individual begins such
                employment,
                    ``(C) is not employed by the qualified employer to
                replace another employee of such employer unless such
                other employee separated from employment voluntarily or
                for cause, and
                    ``(D) is not an individual described in section
                51(i)(1) (applied by substituting `qualified employer'
                for `taxpayer' each place it appears).
            ``(4) Election.--A qualified employer may elect to have
        this subsection not apply. Such election shall be made in such
        manner as the Secretary may require.''.
    (b) Coordination With Work Opportunity Credit.--Section 51(c) of
the Internal Revenue Code of 1986 is amended by adding at the end the
following new paragraph:
            ``(5) Coordination with payroll tax forgiveness.--The term
        `wages' shall not include any amount paid or incurred to a
        qualified individual (as defined in section 3111(d)(3)) during
        the 1-year period beginning on the hiring date of such
        individual by a qualified employer (as defined in section
        3111(d)) unless such qualified employer makes an election not
        to have section 3111(d) apply.''.
    (c) Transfers to Federal Old-Age and Survivors Insurance Trust
Fund.--There are hereby appropriated to the Federal Old-Age and
Survivors Trust Fund and the Federal Disability Insurance Trust Fund
established under section 201 of the Social Security Act (42 U.S.C.
401) amounts equal to the reduction in revenues to the Treasury by
reason of the amendments made by subsection (a). Amounts appropriated
by the preceding sentence shall be transferred from the general fund at
such times and in such manner as to replicate to the extent possible
the transfers which would have occurred to such Trust Fund had such
amendments not been enacted.
    (d) Effective Date.--The amendments made by this section shall
apply to wages paid after the date of the enactment of this Act.

SEC. 3. BUSINESS CREDIT FOR RETENTION OF CERTAIN NEWLY HIRED
              INDIVIDUALS IN 2010.

    (a) In General.--In the case of any taxable year ending after the
date of the enactment of this Act, the current year business credit
determined under section 38(b) of the Internal Revenue Code of 1986 for
such taxable year shall be increased by an amount equal to the product
of--
            (1) $1,000, and
            (2) the number of retained workers with respect to which
        subsection (b)(2) is first satisfied during such taxable year.
    (b) Retained Worker.--For purposes of this section, the term
``retained worker'' means any qualified individual (as defined in
section 3111(d)(3) of the Internal Revenue Code of 1986)--
            (1) who was employed by the taxpayer on any date during the
        taxable year,
            (2) who was so employed by the taxpayer for a period of not
        less than 52 consecutive weeks, and
            (3) whose wages for such employment during the last 26
        weeks of such period equaled at least 80 percent of such wages
        for the first 26 weeks of such period.

Summary: Hire Now Tax Cut Act of 2010 - Amends the Internal Revenue Code to: (1) exempt for-profit and nonprofit employers from social security taxes in 2010 for new employees who are hired after February 3, 2010, and before January 1, 2011, and who certify that they have not worked more than 40 hours during the last 60 days. And (2) allow an increase in the general business tax credit for the retention of such employees for at least one year at specified wage levels. Appropriates to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund under title II of the Social Security Act amounts necessary to cover any reduction in revenues resulting from the tax exemptions provided by this Act.

A bill to amend the Internal Revenue Code of 1986 to provide an exemption from employer social security taxes with respect to previously unemployed individuals, and to provide a credit for the retention of such individuals for at least 1 year.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Breast Cancer and Environmental
Research Act of 2001''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) Breast cancer is the second leading cause of cancer
        deaths among American women.
            (2) More women in the United States are living with breast
        cancer than any other cancer (excluding skin cancer).
        Approximately 3,000,000 women in the United States are living
        with breast cancer, 2,000,000 of which have been diagnosed and
        an estimated 1,000,000 who do not yet know that they have the
        disease.
            (3) Breast cancer is the most commonly diagnosed cancer
        among women in the United States and worldwide (excluding skin
        cancer). In 2001, it is estimated that 233,000 new cases of
        breast cancer will be diagnosed among women in the United
        States, 192,000 cases of which will involve invasive breast
        cancer and 40,800 cases of which will involve ductal carcinoma
        in situ (DCIS).
            (4) Breast cancer is the second leading cause of cancer
        death for women in the United States. Approximately 40,000
        women in the United States die from the disease each year.
        Breast cancer is the leading cause of cancer death for women in
        the United States between the ages of 20 and 59, and the
        leading cause of cancer death for women worldwide.
            (5) A woman in the United States has a 1 in 8 chance of
        developing invasive breast cancer in her lifetime. This risk
        was 1 in 11 in 1975. In 2001, a new case of breast cancer will
        be diagnosed every 2 minutes and a woman will die from breast
        cancer every 13 minutes.
            (6) All women are at risk for breast cancer. About 90
        percent of women who develop breast cancer do not have a family
        history of the disease.
            (7) The National Action Plan on Breast Cancer, a public
        private partnership, has recognized the importance of expanding
        the scope and breadth of biomedical, epidemiological, and
        behavioral research activities related to the etiology of
        breast cancer and the role of the environment.
            (8) To date, there has been only a limited research
        investment to expand the scope or coordinate efforts across
        disciplines or work with the community to study the role of the
        environment in the development of breast cancer.
            (9) In order to take full advantage of the tremendous
        potential for avenues of prevention, the Federal investment in
        the role of the environment and the development of breast
        cancer should be expanded.
            (10) In order to understand the effect of chemicals and
        radiation on the development of cancer, multi-generational,
        prospective studies are probably required.

SEC. 3. NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES; AWARDS FOR
              DEVELOPMENT AND OPERATION OF RESEARCH CENTERS REGARDING
              ENVIRONMENTAL FACTORS RELATED TO BREAST CANCER.

    Subpart 12 of part C of title IV of the Public Health Service Act
(42 U.S.C. 285l et seq.) is amended by adding at the end the following
section:

``SEC. 463B. RESEARCH CENTERS REGARDING ENVIRONMENTAL FACTORS RELATED
              TO BREAST CANCER.

    ``(a) In General.--The Director of the Institute, based on
recommendations from the Breast Cancer and Environmental Research Panel
established under subsection (b) (referred to in this section as the
`Panel') shall make grants, after a process of peer review and
programmatic review, to public or nonprofit private entities for the
development and operation of not more than 8 centers for the purpose of
conducting multidisciplinary and multi-institutional research on
environmental factors that may be related to the etiology of breast
cancer. Each such center shall be known as a Breast Cancer and
Environmental Research Center of Excellence.
    ``(b) Breast Cancer and Environmental Research Panel.--
            ``(1) Establishment.--The Secretary shall establish in the
        Institute of Environmental Health Sciences a Breast Cancer and
        Environmental Research Panel.
            ``(2) Composition.--The Panel shall be composed of--
                    ``(A) 9 members to be appointed by the Secretary,
                of which--
                            ``(i) six members shall be appointed from
                        among physicians, and other health
                        professionals, who--
                                    ``(I) are not officers or employees
                                of the United States;
                                    ``(II) represent multiple
                                disciplines, including clinical, basic,
                                and public health sciences;
                                    ``(III) represent different
                                geographical regions of the United
                                States;
                                    ``(IV) are from practice settings
                                or academia or other research settings;
                                and
                                    ``(V) are experienced in biomedical
                                review; and
                            ``(ii) three members shall be appointed
                        from the general public who are representatives
                        of individuals who have had breast cancer and
                        who represent a constituency; and
                    ``(B) such nonvoting, ex officio members as the
                Secretary determines to be appropriate.
            ``(3) Chairperson.--The members of the Panel appointed
        under paragraph (2)(A) shall select a chairperson from among
        such members.
            ``(4) Meetings.--The Panel shall meet at the call of the
        chairperson or upon the request of the Director, but in no case
        less often than once each year.
            ``(5) Duties.--The Panel shall--
                    ``(A) oversee the peer review process for the
                awarding of grants under subsection (a) and conduct the
                programmatic review under such subsection;
                    ``(B) make recommendations with respect to the
                funding criteria and mechanisms under which amounts
                will be allocated under this section; and
                    ``(C) make final programmatic recommendations with
                respect to grants under this section.
    ``(c) Collaboration With Community.--Each center under subsection
(a) shall establish and maintain ongoing collaborations with community
organizations in the geographic area served by the center, including
those that represent women with breast cancer.
    ``(d) Coordination of Centers; Reports.--The Director of the
Institute shall, as appropriate, provide for the coordination of
information among centers under subsection (a) and ensure regular
communication between such centers, and may require the periodic
preparation of reports on the activities of the centers and the
submission of the reports to the Director.
    ``(e) Required Consortium.--Each center under subsection (a) shall
be formed from a consortium of cooperating institutions, meeting such
requirements as may be prescribed by the Director of the Institute.
Each center shall require collaboration among highly accomplished
scientists, other health professionals and advocates of diverse
backgrounds from various areas of expertise.
    ``(f) Duration of Support.--Support of a center under subsection
(a) may be for a period not exceeding 5 years. Such period may be
extended for one or more additional periods not exceeding 5 years if
the operations of such center have been reviewed by an appropriate
technical and scientific peer review group established by the Director
of the Institute and if such group has recommended to the Director that
such period should be extended.
    ``(g) Geographic Distribution of Centers.--The Director of the
Institute shall, to the extent practicable, provide for an equitable
geographical distribution of centers under this section.
    ``(h) Innovative Approaches.--Each center under subsection (a)
shall use innovative approaches to study unexplored or under-explored
areas of the environment and breast cancer.
    ``(i) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $30,000,000
for each of the fiscal years 2002 through 2007. Such authorization is
in addition to any other authorization of appropriations that is
available for such purpose.''.

Summary: Breast Cancer and Environmental Research Act of 2001 - Amends the Public Health Service Act to require the Director of the National Institute of Environmental Health Sciences to make grants to public or nonprofit private entities for the development and operation of not more than eight consortium centers for the conduct of multi-disciplinary and multi-institutional research on environmental factors that may be related to the etiology of breast cancer.

A bill to amend the Public Health Service Act to authorize the Director of the National Institute of Environmental Health Sciences to make grants for the development and operation of research centers regarding environmental factors that may be related to the etiology of breast cancer.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bounty Hunter Accountability and
Quality Assistance Act of 1998''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) bounty hunters, also known as bail enforcement officers
        or recovery agents, provide law enforcement officers and the
        courts with valuable assistance in recovering fugitives from
        justice;
            (2) regardless of the differences in their duties, skills,
        and responsibilities, the public has had difficulty in
        discerning the difference between law enforcement officers and
        bounty hunters;
            (3) the availability of bail as an alternative to the
        pretrial detention or unsecured release of criminal defendants
        is important to the effective functioning of the criminal
        justice system;
            (4) the safe and timely return to custody of fugitives who
        violate bail contracts is an important matter of public safety,
        as is the return of any other fugitive from justice;
            (5) bail bond agents are widely regulated by the States,
        whereas bounty hunters are largely unregulated;
            (6) the public safety requires the employment of qualified,
        well-trained bounty hunters; and
            (7) in the course of their duties, bounty hunters often
        move in and affect interstate commerce.

SEC. 3. DEFINITIONS.

    In this Act--
            (1) the term ``bail bond agent'' means any retail seller of
        a bond to secure the release of a criminal defendant pending
        judicial proceedings, unless such person also is self-employed
        to obtain the recovery of any fugitive from justice who has
        been released on bail;
            (2) the term ``bounty hunter''--
                    (A) means any person whose services are engaged,
                either as an independent contractor or as an employee
                of a bounty hunter employer, to obtain the recovery of
                any fugitive from justice who has been released on
                bail; and
                    (B) does not include any--
                            (i) law enforcement officer acting under
                        color of law;
                            (ii) attorney, accountant, or other
                        professional licensed under applicable State
                        law;
                            (iii) employee whose duties are primarily
                        internal audit or credit functions;
                            (iv) person while engaged in the
                        performance of official duties as a member of
                        the Armed Forces on active duty (as defined in
                        section 101(d)(1) of title 10, United States
                        Code); or
                            (v) bail bond agent;
            (3) the term ``bounty hunter employer''--
                    (A) means any person that--
                            (i) employs 1 or more bounty hunters; or
                            (ii) provides, as an independent
                        contractor, for consideration, the services of
                        1 or more bounty hunters (which may include the
                        services of that person); and
                    (B) does not include any bail bond agent; and
            (4) the term ``law enforcement officer'' means a public
        officer or employee authorized under applicable Federal or
        State law to conduct or engage in the prevention,
        investigation, prosecution, or adjudication of criminal
        offenses, including any public officer or employee engaged in
        corrections, parole, or probation functions, or the recovery of
        any fugitive from justice.

SEC. 4. MODEL GUIDELINES.

    (a) In General.--Not later than 180 days after the date of
enactment of this Act, the Attorney General shall develop model
guidelines for the State control and regulation of persons employed or
applying for employment as bounty hunters. In developing such
guidelines, the Attorney General shall consult with organizations
representing--
            (1) State and local law enforcement officers;
            (2) State and local prosecutors;
            (3) the criminal defense bar;
            (4) bail bond agents;
            (5) bounty hunters; and
            (6) corporate sureties.
    (b) Recommendations.--The guidelines developed under subsection (a)
shall include recommendations of the Attorney General regarding
whether--
            (1) a person seeking employment as a bounty hunter should--
                    (A) be required to submit to a fingerprint-based
                criminal background check prior to entering into the
                performance of duties pursuant to employment as a
                bounty hunter; or
                    (B) not be allowed to obtain such employment if
                that person has been convicted of a felony offense
                under Federal or State law;
            (2) bounty hunters and bounty hunter employers should be
        required to obtain adequate liability insurance for actions
        taken in the course of performing duties pursuant to employment
        as a bounty hunter; and
            (3) State laws should provide--
                    (A) for the prohibition on bounty hunters entering
                any private dwelling, unless the bounty hunter first
                knocks on the front door and announces the presence of
                1 or more bounty hunters; and
                    (B) the official recognition of bounty hunters from
                other States.
    (c) Effect on Bail.--The guidelines published under subsection (a)
shall include an analysis of the estimated effect, if any, of the
adoption of the guidelines by the States on--
            (1) the cost and availability of bail; and
            (2) the bail bond agent industry.
    (d) No Regulatory Authority.--Nothing in this section may be
construed to authorize the promulgation of any Federal regulation
relating to bounty hunters, bounty hunter employers, or bail bond
agents.
    (e) Publication of Guidelines.--The Attorney General shall publish
model guidelines developed pursuant to subsection (a) in the Federal
Register.

            Passed the Senate October 7 (legislative day, October 2),
      1998.

            Attest:

                                                    GARY SISCO,

                                                             Secretary.

Summary: Bounty Hunter Accountability and Quality Assistance Act of 1998 - Directs the Attorney General to develop model guidelines for the State control and regulation of bounty hunters, including recommendations regarding whether: (1) a person seeking employment as a bounty hunter should be required to submit to a fingerprint-based criminal background or should not be allowed to obtain such employment if he or she has been convicted of a Federal or State felony. (2) bounty hunters and their employers should be required to obtain adequate liability insurance for actions taken in the course of performing such duties. And (3) State laws should provide for the official recognition of bounty hunters from other States and should prohibit bounty hunters from entering any private dwelling without first knocking on the front door and announcing their presence. Requires published guidelines to include an analysis of their estimated effect on: (1) the cost and availability of bail. And (2) the bail bond agent industry. Directs the Attorney to publish model guidelines in the Federal Register.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Incentive Access Act of
2002''.

SEC. 2. INCENTIVE PAYMENT IN MEDICARE HEALTH PROFESSIONAL SHORTAGE
              AREAS DEMONSTRATION PROJECT.

    Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is
amended by adding at the end the following new section:

  ``incentive payments in medicare health professional shortage areas
                         demonstration project

    ``Sec. 1897. (a) Establishment.--
            ``(1) In general.--The Secretary shall establish a
        demonstration project under which--
                    ``(A) pursuant to paragraph (3), the Secretary
                designates areas in a State selected under paragraph
                (5) as medicare health professional shortage areas; and
                    ``(B) an incentive payment is provided under part B
                to primary care physicians for each physician's service
                (as defined in section 1861(q)) that is furnished in a
                medicare health professional shortage area to an
                individual enrolled under such part.
            ``(2) Primary care physician defined.--For purposes of this
        section, the term `primary care physician' has the meaning
        given such term for purposes of designating health professional
        shortage areas under section 332(a) of the Public Health
        Service Act (42 U.S.C. 254e(a)).
            ``(3) Designation of areas.--The Secretary shall designate
        an area in a State selected under paragraph (5) as a medicare
        health professional shortage area if the Secretary determines,
        using the methodology established under subsection (b)(1)(B),
        that individuals enrolled under part B and residing in the area
        have inadequate access to primary care physicians.
            ``(4) Terms and conditions.--
                    ``(A) Incentive payment in addition to payment
                otherwise made.--
                            ``(i) In general.--Subject to clause (ii),
                        the incentive payment made under the
                        demonstration project for a physician's service
                        shall be in addition to the amount otherwise
                        made for the service under part B.
                            ``(ii) No payments under the incentive
                        payment program in a demonstration state during
                        operation of the demonstration program.--
                        Subject to subparagraph (D), notwithstanding
                        section 1833(m), during the operation of the
                        demonstration project in a State selected under
                        paragraph (5), the Secretary may not make any
                        incentive payment to any physician under such
                        section for any service furnished in any part
                        of such State, regardless of--
                                    ``(I) whether the physician is
                                eligible for bonus payments under the
                                demonstration program; and
                                    ``(II) where the service was
                                furnished in the State.
                    ``(B) Amount of incentive payment.--The amount of
                the incentive payment for a physician's service
                furnished under the demonstration project shall be an
                amount equal to 40 percent of the payment amount for
                the service under part B.
                    ``(C) No effect on amount of coinsurance an
                individual is required to pay.--The amount of any
                coinsurance that an individual enrolled under part B is
                responsible for paying with respect to a physicians'
                service furnished to the individual shall be determined
                as if this section had not been enacted.
                    ``(D) No effect on payments to critical access
                hospitals.--The amount of payment for outpatient
                critical access services of a critical access hospital
                under section 1834(g) shall be determined as if this
                section had not been enacted.
            ``(5) Demonstration sites.--The Secretary shall conduct the
        demonstration project in 5 States selected by the Secretary as
        demonstration sites.
            ``(6) Automation of incentive payments.--
                    ``(A) In general.--Under the demonstration project,
                incentive payments under paragraph (1)(B) to a primary
                care physician shall be made automatically to the
                physician rather than the physician being responsible
                for determining when a payment is required to be made
                under that paragraph.
                    ``(B) Incentive payment based on zip codes.--In
                order to comply with subparagraph (A), the Secretary
                shall establish procedures in which the amount of
                payment otherwise made for a physician's service is
                automatically increased by the amount of the incentive
                payment under the demonstration project if the service
                was furnished in any zip code that is entirely
or partially in a designated medicare health professional shortage area
in a State selected under paragraph (5).
            ``(7) Duration.--The demonstration project shall be
        conducted for a 3-year period. The period for establishing the
        methodology under subsection (b) shall not be counted for
        purposes determining such 3-year period.
    ``(b) Establishment of Methodology for Assisting Secretary in
Designating Medicare Health Professional Shortage Areas.--
            ``(1) In general.--The Secretary shall select 1 or more
        Federal rural health research centers within the Health
        Resources Services Administration to establish a methodology to
        assist the Secretary in designating areas within the States
        selected under subsection (a)(5) as medicare health
        professional shortage areas pursuant to subsection (a)(3).
            ``(2) Rules for establishing methodology.--
                    ``(A) In general.--The methodology established
                under paragraph (1) shall address--
                            ``(i) how to measure the percentage of the
                        total population in an area that consists of
                        individuals enrolled under part B; and
                            ``(ii) the appropriate ratio of such
                        individuals to primary care physicians in an
                        area in order to ensure that such individuals
                        have adequate access to services furnished by
                        such physicians.
                    ``(B) Methodology may be similar to methodologies
                used under the public health service act.--The
                methodology established under paragraph (1) may be
                similar to methodologies utilized by the Secretary for
                designating areas, and population groups within areas,
                as health professional shortage areas under section
                332(a) of the Public Health Service Act (42 U.S.C.
                254e(a)).
                    ``(C) Consultation.--The Federal rural health
                research centers selected under paragraph (1) shall
                consult with the State and local medical societies of
                the States selected under subsection (a)(5) in
                establishing the methodology under paragraph (1).
    ``(c) No Effect on Designation as a Health Professional Shortage
Area.--Except as provided in subsection (a)(4)(A)(ii), the designation
of an area as a medicare health professional shortage area under
subsection (a)(3) shall have no effect on the designation of such area
as a health professional shortage area under section 332(a) of the
Public Health Service Act (42 U.S.C. 254e(a)).
    ``(d) Waiver Authority.--The Secretary may waive such requirements
of title XI and this title as may be necessary for the purpose of
carrying out the demonstration project.
    ``(e) Report.--
            ``(1) In general.--Not later than 6 months after the
        completion of the demonstration project, the Secretary shall
        submit to Congress a report on such project.
            ``(2) Contents.--The report submitted under paragraph (1)
        shall contain--
                    ``(A) an evaluation of whether the demonstration
                project has had the effect of stabilizing, maintaining,
                or increasing access of individuals enrolled under part
                B to physicians' services furnished by primary care
                physicians, including whether the amount of the
                incentive payment is adequate to stabilize, maintain,
                or increase such access and if not, then what amount
                will;
                    ``(B) a comparison of the effectiveness of the
                demonstration project in stabilizing, maintaining, or
                increasing such access with the effectiveness of other
                Federal, State, and local programs, such as the
                incentive program under section 1833(m), that are
                designed to stabilize, maintain, or increase such
                access;
                    ``(C) recommendations for such legislation and
                administrative actions as the Secretary considers
                appropriate; and
                    ``(D) any other items that the Secretary considers
                appropriate.
    ``(f) Funding.--
            ``(1) Incentive payments.--The Secretary shall use funds in
        the Federal Supplementary Medical Insurance Trust Fund under
        section 1841 to make the incentive payments under this section.
            ``(2) Establishment of methodology.--
                    ``(A) In general.--There is authorized to be
                appropriated $6,000,000 to establish the methodology
                under subsection (b)(1).
                    ``(B) Availability.--Any amounts appropriated
                pursuant to subparagraph (A) shall remain available
                until expended.''.

Summary: Medicare Incentive Access Act of 2002 - Amends title XVIII (Medicare) of the Social Security Act (SSA) part B to establish a three-year demonstration project under which the Secretary of Health and Human Services shall: (1) select one or more Federal rural health research centers within the Health Resources Services Administration to develop a methodology for designating Medicare health professional shortage areas. (2) select five States as demonstration sites and designate Medicare health professional shortage areas in them. And (3) provide incentive payments to primary care physicians to service those shortage areas.

A bill to amend title XVIII of the Social Security Act to establish a medicare demonstration project under which incentive payments are provided in certain areas in order to stabilize, maintain, or increase access to primary care services for individuals enrolled under part B of such title.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Healthy Kids from Day One Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress makes the following findings:
            (1) Preschool years are a critical time for determining
        whether or not an individual will develop obesity later in
        life.
            (2) The Journal of Clinical Pediatrics reports that the
        ``tipping point'' in obesity often occurs before 2 years of
        age, and sometimes as early as 3 months, when the child is
        learning how much and what to eat.
            (3) Aerobic fitness and healthy eating patterns support
        enhanced behavioral, emotional, and academic performance in
        school.
            (4) More than 21 percent of preschool children are
        overweight or obese.
            (5) A 2009 preschool study found that 89 percent of a
        preschooler's day is sedentary.
            (6) The amount of time children spend outdoors is dwindling
        rapidly, as evidenced by studies showing that children enjoy
        half the outdoor time they did just 20 years ago. Meanwhile,
        children are spending nearly 8 hours per day in front of
        electronic media.
            (7) Studies indicate that children who are overweight at
        age 5 are more likely to be more overweight at age 9.
            (8) Rates of obesity are higher for African-American,
        Latino, Native American, and Native Alaskan children than the
        overall population of the children in the United States.
            (9) Children who are obese have a greater likelihood of
        being obese in adulthood and developing heart disease,
        diabetes, and other chronic conditions.
            (10) In 2005, 61 percent of children from birth through age
        6 who were not yet in kindergarten (about 12,000,000 children)
        received some form of child care on a regular basis from
        persons other than their parents.
            (11) A 2008 survey by the National Association of Child
        Care Resource and Referral Agencies reported that 93 percent of
        parents thought existing health and safety standards for child
        care should be improved.
            (12) Child care centers, family child care homes, and other
        early learning environments should serve as settings where
        children adopt healthy eating habits and have opportunities for
        age appropriate physical activity.
            (13) Age-appropriate physical activity in the outdoors, in
        particular, can produce immense physical, mental and emotional
        health benefits, including addressing childhood obesity,
        decreasing symptoms of attention deficit and hyperactivity
        disorder, improving motor skills, stimulating brain
        development, increasing creativity and quality sleep, and
        reducing the risk of developing myopia.
            (14) The governmental, nonprofit, and private sectors came
        together to launch Let's Move Child Care, a voluntary effort to
        work with child care providers to help children get off to a
        healthy start through healthy eating, physical activity, and
        screen time reduction strategies. Learning collaboratives that
        build upon these key elements will assist providers and parents
        in giving children the foundation they need for a healthy life.
    (b) Purposes.--It is the purpose of this Act to--
            (1) establish a 3-year pilot program in 5 States
        representing a diversity of rural and urban environments that
        will support child care collaboratives designed to reduce the
        prevalence of overweight/obesity among children from birth to
        age 5 in child care settings through dissemination of available
        tools and curricula and implementation of emerging best
        practices;
            (2) enhance the focus of child care centers and family
        child care homes serving the population of children from birth
        to age 5 on the healthy development of children through
        evidence-based or data-informed policies and practices to
        improve healthy eating, physical activity, and screen time
        limits; and
            (3) upon completion of the 3-year period, terminate the
        pilot program and disseminate the best practices and lessons
        learned from the pilot program through other systems, programs,
        or partnerships.

SEC. 3. HEALTHY KIDS PROGRAM.

    Title III of the Public Health Service Act (42 U.S.C. 241 et seq.)
is amended by adding at the end the following:

                     ``PART W--HEALTHY KIDS PROGRAM

``SEC. 399OO. DEFINITIONS.

    ``In this part:
            ``(1) Child care center.--The term `child care center'
        means a center licensed or otherwise authorized to provide
        child care and services for fewer than 24 hours per day per
        child in a non-residential setting, unless care in excess of 24
        hours is due to the nature of the parents' work.
            ``(2) Early learning council.--The term `early learning
        council' means an early childhood assembly that is established
        to advise governors, State legislators, or State agency
        administrators on how best to meet the needs of young children
        and their families specifically through improvement of programs
        and services.
            ``(3) Family child care home.--The term `family child care
        home' means a private family home where home-based child care
        is provided for a portion of the day, unless care in excess of
        24 hours is due to the nature of the parents' work, and that is
        certified, registered, or licensed in the State in which it is
        located.
            ``(4) Screen time limits.--The term `screen time limits'
        means policies or guidelines, such as those developed by the
        American Academy of Pediatrics, designed to reduce the daily
        amount of time that children spend watching or looking at
        digital monitors or displays, including television sets,
        computer monitors, or hand-held gaming devices.
            ``(5) State.--Notwithstanding section 2(f), the term
        `State' means--
                    ``(A) each of the several States;
                    ``(B) the District of Columbia;
                    ``(C) an Indian tribe or tribal organization;
                    ``(D) the Commonwealth of Puerto Rico; and
                    ``(E) any other territory or possession of the
                United States.

``SEC. 399OO-1. GRANTS.

    ``(a) In General.--
            ``(1) In general.--The Secretary, in consultation with
        appropriate entities within the Department of Health and Human
        Services, shall award 3-year competitive grants to 5 eligible
        entities to help reduce and prevent obesity among the
        population of children from birth to age 5 in a State and to
        encourage parental engagement in child care settings outside a
        child's place of residence.
            ``(2) Eligible entities.--To be an eligible entity under
        paragraph (1), an entity shall be--
                    ``(A) a State health department (or other
                appropriate child care licensing entities within such
                State); or
                    ``(B) a nonprofit organization or a partnership of
                nonprofit organizations with expertise in the healthy
                development of children.
    ``(b) Use of Funds.--
            ``(1) In general.--Grantees shall use amounts received
        under a grant under this subsection--
                    ``(A)(i) to establish one or more child care
                collaboratives consisting of the center director and
                staff members from multiple child care sites and family
                child care homes;
                    ``(ii) in the case of a State grantee, to contract
                with a nonprofit organization in the State with
                expertise in the healthy development of children to
                establish the collaborative or collaboratives; or
                    ``(iii) to provide funding to an entity that
                routinely trains child care providers to establish the
                collaborative or collaboratives; and
                    ``(B) to provide or contract with the organizer of
                the collaborative or collaboratives to provide--
                            ``(i) technical assistance, including
                        onsite assistance when appropriate, to the
                        child care providers participating in the
                        collaborative;
                            ``(ii) a compilation of best practices,
                        strategies, and lessons learned from the
                        collaborative, to be reported annually to the
                        Secretary; and
                            ``(iii) a plan to ensure that the
                        collaborative will be sustainable, without
                        additional Federal funding, upon the conclusion
                        of the 3-year pilot program.
            ``(2) Collaboratives.--Each collaborative established under
        clause (i), (ii), or (iii) of paragraph (1)(A) shall share best
        practices, strategies, and techniques for successfully
        implementing evidence-based or data-informed policies and
        practices relating to healthy eating, physical activity,
        parental engagement, and other topics, such as breastfeeding,
        relating to the healthy development of children, using
        available curricula, tools, and other interventions.
            ``(3) Content of plan.--The plan described under paragraph
        (1)(B)(iii) may include the incorporation of the best
        practices, strategies, and techniques described in paragraph
        (2) into the training and professional development for child
        care providers in the State or other approaches determined
        appropriate by the State and the Secretary.
    ``(c) Collaborative Training Requirements.--
            ``(1) In general.--Collaboratives shall incorporate no less
        than 5 and no more than 10 daylong, interactive training
        sessions each year and ongoing technical assistance to the
        child care providers participating in the collaborative that
        include--
                    ``(A) the provision and discussion of information
                concerning implementation by the child care providers
                of age-appropriate healthy eating and physical activity
                interventions, using available tools and culturally
                competent curricula for population of children from
                birth to age 5 in the State involved, which at a
                minimum shall include--
                            ``(i) a handbook that includes
                        recommendations, guidelines, and best practices
                        for child care centers and family child care
                        homes relating to healthy eating, physical
                        activity, and screen time reduction;
                            ``(ii) information about the availability
                        of and services provided by child care health
                        consultants; and
                            ``(iii) health and wellness resources
                        available through the Child Care Bureau, the
                        Maternal and Child Health Bureau, Let's Move
                        Child Care, and the Food and Nutrition Service
                        of the Department of Agriculture;
                    ``(B) the identification, improvement upon, and
                expansion of nutrition and physical activity best
                practices targeted to the population of children from
                birth to age 5 in the State involved and the
                identification of strategies for incorporating parental
                education and other parental engagement;
                    ``(C) the identification of strategies and
                techniques for overcoming barriers to healthy eating,
                physical activity, and parental engagement; and
                    ``(D) the provision of instruction and discussion
                of techniques used to appropriately model, direct, and
                encourage child care staff behavior to apply the best
                practices and strategies identified under subparagraphs
                (B) and (C).
    ``(d) Practice, Curricula, and Policy Changes.--A grantee shall
ensure that the participants involved in the collaborative, on an
ongoing basis--
            ``(1) implement policy changes that promote healthy eating,
        physical activity, and appropriate screen time limits among the
        population of children from birth to age 5;
            ``(2) utilize a culturally competent healthy eating and
        physical activity curriculum focusing on such population of
        children from birth to age 5;
            ``(3) implement programs, activities, and procedures for
        incorporating parental education and engagement of parents in
        programs; and
            ``(4) implement innovative ways to remove barriers that
        exist to providing opportunities for healthy eating and
        physical activity.
All activities described in this subsection shall be evidence-based and
data-informed and be consistent with the curriculum presented through
training activities described in subsection (c).

``SEC. 399OO-2. GRANTS FOR THE EVALUATION OF PILOT PROGRAMS.

    ``The Secretary shall award competitive grants to Prevention
Research Centers, universities, or other appropriate entities to
evaluate the programs carried out with grants under section 399OO-1,
including baseline, process, and outcome measurements.

``SEC. 399OO-3. COORDINATION.

    ``(a) Interagency Coordination.--To the extent practicable, the
Secretary shall coordinate activities conducted under this part with
activities undertaken by the National Prevention, Health Promotion and
Public Health Council established under section 4001 of the Patient
Protection and Affordable Care Act.
    ``(b) Pilot Coordination.--The Secretary shall designate an entity
(directly or through contract) to provide technical assistance to
States and pilot centers in the coordination of activities as described
in subsection (a).

``SEC. 399OO-4. TECHNICAL ASSISTANCE, EVALUATION, AND REPORTING.

    ``(a) Technical Assistance and Information.--The Secretary shall--
            ``(1) provide technical assistance to grantees and other
        entities providing training under a grant under section 399OO-
        1; and
            ``(2) disseminate to grantees information concerning
        evidence-based or data-informed approaches, including
        dissemination of available tools, curricula, and available or
        emerging best practices that can be expanded or improved upon
        through the pilot program conducted under section 399OO-1.
    ``(b) Evaluation Requirements.--With respect to evaluations
conducted under section 399OO-2, the Secretary shall ensure that--
            ``(1) evaluation metrics are consistent across all programs
        funded under this part;
            ``(2) interim outcomes are measured by the number of
        centers that adopt policies to increase healthy eating and
        physical activity and reduce screen time;
            ``(3) interim outcomes are measured, to the extent
        practicable, by changes in foods served, opportunities for
        physical activity, and screen time in the child care
        participants in the collaboratives established under section
        399OO-1; and
            ``(4) upon completion of the pilot program under section
        399OO-1, the evaluation shall include an identification of
        policies, best practices, and strategies to improve healthy
        eating, physical activity, screen time limits, and parental
        engagement that could be replicated in other child care
        settings.
    ``(c) Dissemination of Information.--Upon the conclusion of the
pilot program under section 399OO-1, the Secretary shall disseminate to
all appropriate agencies within the Department of Health and Human
Services evidence, strategies, best practices, and lessons learned from
grantees. Such agencies shall encourage the utilization of best
practices through Federal programs and other appropriate methods.
    ``(d) Report to Congress.--Not later than 180 days after the
completion of the pilot program under section 399OO-1, the Secretary
shall submit to Congress a report concerning the evaluation of the
pilot program, including recommendations as to how lessons learned from
such programs can be incorporated into future guidance documents
developed and provided by the Secretary and other Federal agencies, as
well as Federal programs, as appropriate.

``SEC. 399OO-5. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to carry out this part,
$1,500,000 for each of fiscal years 2012, 2013, and 2014.''.

Summary: Healthy Kids from Day One Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to award three-year competitive grants to five eligible entities to help reduce and prevent obesity among children from birth to age five in a state and to encourage parental engagement in child care settings outside a child's place of residence. Identifies as eligible entities: (1) a state health department or other appropriate child care licensing entities within the state, or (2) a nonprofit organization or a partnership of nonprofit organizations with expertise in the healthy development of children. Requires grant funds to be used to: (1) establish child care collaboratives. (2) provide funding to entities that routinely train child care providers to establish collaboratives. And (3) provide technical assistance to participating providers, a compilation of best practices, strategies, and lessons learned from the collaborative, and a plan to ensure that the collaborative will be sustainable, without additional federal funding, upon the conclusion of the grants. Requires each collaborative to: (1) share best practices, strategies, and techniques for successfully implementing policies and practices relating to healthy eating, physical activity, parental engagement, and other topics relating to the healthy development of children. And (2) incorporate between 5 and 10 day-long, interactive training sessions each year and ongoing technical assistance to participating child care providers. Directs the Secretary to: (1) award grants to Prevention Research Centers, universities, or other appropriate entities to evaluate programs carried out under such grants. (2) coordinate activities conducted under this Act with activities undertaken by the National Prevention, Health Promotion, and Public Health Council. And (3) disseminate to all appropriate HHS agencies evidence, strategies, best practices, and lessons learned from grantees.

A bill to establish a pilot program to address overweight/obesity among children from birth to age 5 in child care settings and to encourage parental engagement.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Tax Relief for Victims of Disasters
Act of 2011''.

SEC. 2. SPECIAL RULE FOR DETERMINING EARNED INCOME MADE APPLICABLE
              GENERALLY TO FEDERALLY DECLARED DISASTERS.

    (a) In General.--Section 1400S(d)(2)(A) of the Internal Revenue
Code of 1986 is amended--
            (1) by striking ``and any'' and inserting ``any'', and
            (2) by inserting before the period at the end ``, and any
        qualified federally declared disaster individual''.
    (b) Qualified Federally Declared Disaster Individual.--Section
1400S(d)(2) of the Internal Revenue Code of 1986 is amended by adding
at the end the following:
                    ``(E) Qualified federally declared disaster
                individual.--The term `qualified federally declared
                disaster individual' means with respect to a federally
                declared disaster occurring after December 31, 2010,
                and before January 1, 2013, any individual--
                            ``(i) whose principal place of abode on the
                        applicable date was located in the disaster
                        area and such individual was displaced from
                        such principal place of abode by reason of the
                        federally declared disaster, or
                            ``(ii) who performed substantially all
                        employment services in the disaster area and
                        was so employed on the applicable date.
                For purposes of the preceding sentence and paragraph
                (3)(D), the terms `federally declared disaster' and
                `disaster area' have the meanings given such terms in
                section 165(h)(3).''.
    (c) Applicable Date.--Section 1400S(d)(3) of the Internal Revenue
Code of 1986 is amended by striking ``and'' at the end of subparagraph
(B), by striking the period at the end of subparagraph (C) and
inserting ``, and'', and by inserting after subparagraph (C) the
following:
                    ``(D) in the case of a qualified federally declared
                disaster individual, the date of the federally declared
                disaster.''.
    (d) Effective Date.--The amendments made by this section shall
apply with respect to federally declared disasters occurring after
December 31, 2010.

SEC. 3. LOSSES ATTRIBUTABLE TO FEDERALLY DECLARED DISASTERS.

    (a) In General.--Section 1400S(b) of the Internal Revenue Code of
1986 is amended--
            (1) by striking ``and (2)(A)'' in the matter preceding
        paragraph (1) and inserting ``, (2)(A), and (3)'',
            (2) by striking ``or'' at the end of paragraph (2),
            (3) by striking the period at the end of paragraph (3) and
        inserting ``, or'', and
            (4) by inserting after paragraph (3) the following new
        paragraph:
            ``(4) which arise in the disaster area (as defined in
        section 165(h)(3)(C)(ii)) and which are attributable to a
        federally declared disaster (as defined in section
        165(h)(3)(C)(i)) occurring after December 31, 2010, and before
        January 1, 2013.''.
    (b) Effective Date.--The amendments made by this section shall
apply with respect to federally declared disasters occurring after
December 31, 2010.

SEC. 4. ADDITIONAL EXEMPTION FOR HOUSING QUALIFIED FEDERALLY DECLARED
              DISASTER DISPLACED INDIVIDUALS.

    (a) In General.--In the case of taxable years of a natural person
beginning in 2011 or 2012, for purposes of the Internal Revenue Code of
1986, taxable income shall be reduced by $500 for each qualified
federally declared disaster displaced individual of the taxpayer for
the taxable year.
    (b) Limitations.--
            (1) Dollar limitation.--The reduction under subsection (a)
        shall not exceed $2,000, reduced by the amount of the reduction
        under this section for all prior taxable years.
            (2) Individuals taken into account only once.--An
        individual shall not be taken into account under subsection (a)
        if such individual was taken into account under such subsection
        by the taxpayer for any prior taxable year.
            (3) Identifying information required.--An individual shall
        not be taken into account under subsection (a) for a taxable
        year unless the taxpayer identification number of such
        individual is included on the return of the taxpayer for such
        taxable year.
    (c) Qualified Federally Declared Disaster Displaced Individual.--
For purposes of this section, the term ``qualified federally declared
disaster displaced individual'' means, with respect to any taxpayer for
any taxable year, any qualified federally declared disaster individual
(as defined in section 1400S(d)(2)(E)(i)) if such individual is
provided housing free of charge by the taxpayer in the principal
residence of the taxpayer for a period of 60 consecutive days which
ends in such taxable year. Such term shall not include the spouse or
any dependent of the taxpayer.
    (d) Compensation for Housing.--No deduction shall be allowed under
this section if the taxpayer receives any rent or other amount (from
any source) in connection with the providing of such housing.

Summary: Tax Relief for Victims of Disasters Act of 2011 - Amends the Internal Revenue Code to extend disaster-related tax provisions relating to the child tax credit and the earned income tax credit, losses, and the individual tax exemption to a qualified federally declared disaster individual .

To amend the Internal Revenue Code of 1986 to provide a look back rule in the case of federally declared disasters for determining earned income for purposes of the child tax credit and the earned income credit, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``White House Inspector General Act of
1996''.

SEC. 2. ESTABLISHMENT OF INSPECTOR GENERAL FOR EXECUTIVE OFFICE OF THE
              PRESIDENT.

    (a) Establishment of Office.--Section 11 of the Inspector General
Act of 1978 (5 U.S.C. App.) is amended--
            (1) in paragraph (1) by inserting ``the President (with
        respect only to the Executive Office of the President),'' after
        ``means''; and
            (2) in paragraph (2) by inserting ``the Executive Office of
        the President,'' after ``means''.
    (b) Appointment of Inspector General.--Not later than 120 days
after the effective date of this Act, the President shall nominate an
individual as the Inspector General of the Executive Office of the
President pursuant to the amendments made by subsection (a).

SEC. 3. SPECIAL PROVISIONS CONCERNING INSPECTOR GENERAL OF THE
              EXECUTIVE OFFICE OF THE PRESIDENT.

    The Inspector General Act of 1978 (5 U.S.C. App.) is amended--
            (1) by redesignating the second section 8G (regarding a
        rule of construction) as section 8I; and
            (2) by inserting after the first section 8G (regarding
        requirements for Federal entities and designated Federal
        entities) the following:

``SEC. 8H. SPECIAL PROVISIONS CONCERNING INSPECTOR GENERAL OF THE
              EXECUTIVE OFFICE OF THE PRESIDENT.

    ``(a) Authority, Direction, and Control of President.--
Notwithstanding the last 2 sentences of section 3(a), the Inspector
General of the Executive Office of the President shall be under the
authority, direction, and control of the President with respect to
audits or investigations, or the issuance of subpoenas, which require
access to information concerning--
            ``(1) ongoing criminal investigations or proceedings;
            ``(2) undercover operations;
            ``(3) the identity of confidential sources, including
        protected witnesses;
            ``(4) deliberations and decisions on policy matters,
        including documented information used as a basis for making
        policy decisions;
            ``(5) intelligence or counterintelligence matters; or
            ``(6) other matters the disclosure of which would
        constitute a serious threat to the national security, or would
        cause significant impairment to the national interests
        (including interests in foreign trade negotiations), of the
        United States.
    ``(b) Prohibiting Activities of Inspector General.--With respect to
information described in subsection (a), the President may prohibit the
Inspector General of the Executive Office of the President from
carrying out or completing any audit or investigation, or issuing any
subpoena, after the Inspector General has decided to initiate, carry
out, or complete such audit or investigation or to issue such subpoena,
if the President determines that--
            ``(1) the disclosure of that information would interfere
        with the core functions of the constitutional responsibilities
        of the President; and
            ``(2) the prohibition is necessary to prevent the
        disclosure of that information.
    ``(c) Notice.--
            ``(1) Notice to inspector general.--If the President makes
        a determination referred to in subsection (b)(1) or (2), the
        President shall within 30 days notify the Inspector General in
        writing stating the reasons for that determination.
            ``(2) Notice to congress.--Within 30 days after receiving a
        notice under paragraph (1), the Inspector General shall
        transmit a copy of the notice to each of the Chairman and the
        ranking minority party member of the Committee on Government
        Reform and Oversight of the House of Representatives, the
        Committee on Governmental Affairs of the Senate, and other
        appropriate committees or subcommittees of the Congress.
    ``(d) Semiannual Reports.--
            ``(1) Information to be included.--The Inspector General of
        the Executive Office of the President shall include in each
        semiannual report to the President under section 5, at a
        minimum--
                    ``(A) a list of the title or subject of each
                inspection, investigation, or audit conducted during
                the reporting period;
                    ``(B) a statement of whether corrective action has
                been completed on each significant recommendation
                described in previous semiannual reports, and, in a
                case where corrective action has been completed, a
                description of such corrective action;
                    ``(C) a certification that the Inspector General
                has had full and direct access to all information
                relevant to the performance of functions of the
                Inspector General;
                    ``(D) a description of all cases occurring during
                the reporting period in which the Inspector General
                could not obtain documentary evidence relevant to any
                inspection, audit, or investigation due to a
                determination of the President under subsection (b);
                and
                    ``(E) such recommendations as the Inspector General
                considers appropriate concerning legislation to promote
                economy and efficiency in the administration of
                programs and operations undertaken by the Executive
                Office of the President, and to detect and eliminate
                fraud, waste, and abuse in such programs and
                operations.
            ``(2) Transmission to congress.--Within 30 days after
        receiving a semiannual report under section 5 from the
        Inspector General of the Executive Office of the President, the
        President shall transmit the report to each of the Chairman and
        the ranking minority party member of the Committee on
        Government Reform and Oversight of the House of Representatives
        and the Committee on Governmental Affairs of the Senate with
        any comments the President considers appropriate.''.

SEC. 4. EFFECTIVE DATE.

    This Act shall take effect on January 21, 1997.

Summary: White House Inspector General Act of 1996 - Amends the Inspector General Act of 1978 to: (1) establish an Office of Inspector General (IG) in the Executive Office of the President. (2) require the IG to serve under the President's authority, direction, and control with respect to matters concerning ongoing criminal investigations, policy making, and national security. And (3) require the IG to comply with the same semiannual reporting requirements that all other IGs are subject to and, at a minimum, supply additional specified information as well.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``E-Mail User Protection Act of
1998''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The Internet has become a critical mode of global
        communication and now presents unprecedented opportunities for
        the development and growth of global commerce and an integrated
        worldwide economy.
            (2) The receipt of unsolicited commercial e-mail may result
        in undue monetary costs to recipients who cannot refuse to
        accept such mail and who incur costs for the storage of such
        mail, or for the time spent accessing, reviewing, and
        discarding such mail, or for both.
            (3) An increasing number of senders of unsolicited
        commercial e-mail purposefully disguise the source of such mail
        so as to prevent recipients from responding to such mail
        quickly and easily.
            (4) Because recipients of unsolicited commercial e-mail
        that does not provide a return address are unable to avoid the
        receipt of such mail through reasonable means, such mail may
        threaten the privacy of recipients.
            (5) By providing remedies similar to those provided with
        respect to unsolicited facsimile transmissions and automated
        dialing equipment in the Telephone Consumer Protection Act of
        1991, the Congress can provide privacy protections without
        infringing important Constitutional rights or imperiling the
        commercial development of the Internet.

SEC. 3. RESTRICTIONS ON THE USE OF UNSOLICITED COMMERCIAL E-MAIL.

    Part 1 of title II of the Communications Act of 1934 is amended by
inserting after section 230 (47 U.S.C. 230) the following new section:

``SEC. 231. RESTRICTIONS ON THE USE OF UNSOLICITED COMMERCIAL E-MAIL.

    ``(a) Violations Directed at Interactive Computer Services.--
            ``(1) For purposes of this subsection, a violation is
        defined as each initiation of a transmission without regard to
        the number of electronic mail addresses to which the
        transmission is sent.
            ``(2) It shall be a violation of this Act, punishable under
        subsection (c)(1), for any person--
                    ``(A) to intentionally initiate the transmission of
                an unsolicited commercial e-mail message from an
                unregistered or fictitious Internet domain, or an
                unregistered or fictitious electronic mail address, for
                the purpose of--
                            ``(i) preventing replies to such message
                        through the use of standard reply mechanisms in
                        the recipient's electronic mail system, or
                            ``(ii) preventing receipt of standard
                        notices of non-delivery;
                    ``(B) to intentionally use or distribute a computer
                program or other technical mechanism or procedure
                intending to disguise the source of unsolicited
                commercial e-mail messages or to disable or circumvent
                a mail filtering tool;
                    ``(C) to intentionally distribute, through computer
                software or in any other manner, a collection or list
                of electronic mail addresses knowing that the
                collection or list contains addresses of persons who
have previously requested removal from the list;
                    ``(D) to intentionally register, create, or cause
                to be created an Internet domain under false pretenses
                or to apply for, register, or otherwise obtain the use
                of an Internet electronic mail account for the sole or
                primary purpose of disguising the source of unsolicited
                electronic mail messages;
                    ``(E) to direct an unsolicited commercial e-mail
                message through the server of an interactive computer
                service provider to one or more subscribers of the
                interactive computer service, knowing or having reason
                to know that such action is in contravention of the
                rules of the interactive computer service with respect
                to unsolicited commercial e-mail messages;
                    ``(F) knowing or having reason to know that such
                action is in contravention of the rules of an
                interactive computer service, to access the server of
                such interactive computer service and to use a computer
                program to collect electronic mail addresses of
                subscribers of the interactive computer service for the
                purpose of sending such subscribers unsolicited
                commercial e-mail or selling or distributing the list
                thereby collected or obtained.
    ``(b) Violations Directed at Individuals.--
            ``(1) For purposes of this subsection, a violation is
        defined as each electronic mail address which receives a
        transmission.
            ``(2) It shall be a violation of this Act, punishable under
        subsection (c)(2), for any person--
                    ``(A) to fail to comply with the request of the
                recipient of an electronic mail message, made to the
                sender or mailing list manager, as appropriate, to
                cease sending electronic messages to the recipient in
                the future; or
                    ``(B) to initiate the transmission of an
                unsolicited commercial e-mail message to a recipient
                despite having been given prior notice (either directly
                or through a standard method developed, adopted, or
                modified by an Internet standard setting organization,
                such as the Internet Engineering Task Force, to better
                facilitate pre-emptive consumer control over
                unsolicited, commercial e-mail) that the recipient does
                not wish to receive such messages.
    ``(c) Liability for Violations.--Any person or entity who violates
any provision of subsection (a) or (b) shall be liable to any injured
party for such relief as is set out below.
            ``(1) Relief for interactive computer services.--In an
        action under this section for violation of subsection (a),
        relief may include--
                    ``(A) such preliminary and other equitable or
                declaratory relief as may be appropriate;
                    ``(B) for actual monetary loss from a violation,
                statutory damages of not more than $10,000 for each
                violation, and, if the court finds that the defendant's
                actions were particularly egregious, willful, or
                knowing, the court may, in its discretion, increase the
                amount of an award to an amount equal to not more than
10 times the amount available hereunder, and
                    ``(C) reasonable attorneys' fees and other
                litigation costs reasonably incurred.
            ``(2) Relief for individuals.--
                    ``(A) In an action under this section for violation
                of subsection (b), relief shall be sought in an action
                brought by the attorney general of one or more states.
                    ``(B) Whenever the attorney general of a State, or
                an official or agency designated by a State, has reason
                to believe that any person has engaged or is engaging
                in a pattern or practice of transmitting unsolicited
                commercial e-mail to residents of that State in
                violation of this section or the regulations prescribed
                under this section, the State may bring a civil action
                on behalf of its residents for such relief as may be
                appropriate.
                    ``(C) In an action under this subsection,
                appropriate relief includes--
                            ``(i) an injunction or such preliminary and
                        other equitable or declaratory relief as may be
                        appropriate;
                            ``(ii) an action to recover statutory $500
                        in damages for each violation; or
                            ``(iii) both such actions.
                    ``(D) If the court finds the defendant's actions
                were particularly egregious, willful, or knowing, the
                court may, in its discretion, increase the amount of
                the award to an amount equal to not more than ten times
                the amount available in (C).
                    ``(E) reasonable attorneys' fees and other
                litigation costs reasonably occurred.
    ``(d) State Law.--Nothing in this Act shall be construed to prevent
any State from enforcing any State law that is consistent with this
Act. No cause of action may be brought and no liability may be imposed
under any State or local law that is inconsistent with this Act.
    ``(e) Definitions.--In this Act:
            ``(1) Electronic mail address.--
                    ``(A) In general.--The term `electronic mail
                address' means a destination (commonly expressed as a
                string of characters) to which electronic mail can be
                sent or delivered.
                    ``(B) Inclusion.--In the case of the Internet, the
                term `electronic mail address' may include an
                electronic mail address consisting of a user name of
                mailbox (commonly referred to as the `local part') and
                a reference to an Internet domain (commonly referred to
                as the `domain part').
            ``(2) Initiates the transmission.--The term `initiates the
        transmission', in the case of an electronic mail message,
        refers to the action of the original sender of the message and
        not to any intervening computer service that may handle or
        retransmit the message, unless the intervening computer service
        retransmits the message with an intent to engage in activities
        prohibited by this Act.
            ``(3) Interactive computer service.--The term `interactive
        computer service' has the meaning given that term in section
        230(c)(2) of the Communications Act of 1934 (47 U.S.C.
        230(e)(2)).
            ``(4) Internet.--The term `Internet' has the meaning given
        that term in section 230(c)(1) of the Communications Act of
        1934 (47 U.S.C. 230(c)(1)).
            ``(5) Internet domain.--The term `Internet domain' refers
        to a specific computer system (commonly referred to as a
        `host') or collection of computer systems attached to or able
        to be referenced from the Internet which are assigned a
        specific reference point on the Internet (commonly referred to
        as the `Internet domain name') and registered with an
        organization recognized by the computer industry as a
        registrant of Internet domains.
            ``(6) Mailing list.--The term `mailing list' refers to a
        computer program that provides electronic mailing list
        management functions, including functions that allow
        individuals to subscribe and unsubscribe to and from electronic
        mailing lists.
            ``(7) Mail filtering tool.--The term `mail filtering tool'
        means any computer program, procedure, or mechanism used by an
        individual recipient or interactive computer service to block,
        return, reroute, or otherwise screen or sort incoming
        electronic mail messages.
            ``(8) Servers.--The term `server' refers to any computer or
        program that provides support or services of any kind,
        including electronic mailboxes, to other computers.
            ``(9) Unsolicited commercial e-mail message.--The term
        `unsolicited commercial e-mail message' means any electronic
        mail other than--
                    ``(A) electronic mail sent by persons to recipients
                with whom they have a direct or indirect relationship,
                including a prior business relationship; or
                    ``(B) mail sent by a source to a recipient where
                such recipient, or someone authorized by him, has at
                any time affirmatively requested communications from
                that source.''.

SEC. 4. EFFECTIVE DATE.

    The provisions of this Act shall take effect 45 days after the date
of enactment of this Act.

Summary: E-Mail User Protection Act of 1998 - Amends the Communications Act of 1934 to prohibit any person from: (1) intentionally soliciting the transmission of unsolicited commercial e-mail from an unregistered or fictitious Internet domain or e-mail address in order to prevent reply through standard reply mechanisms. (2) intentionally using or distributing a computer program or other mechanism or procedure to disguise the source of unsolicited commercial e-mail. (3) intentionally distributing a collection or list of e-mail addresses knowing that persons on such list have previously requested removal from the list. (4) intentionally registering or creating an Internet e-mail account for the sole or primary purpose of disguising the source of unsolicited e-mail messages. (5) directing an unsolicited commercial e-mail message to subscribers of an interactive computer service (service), knowing such to be in contravention to the rules of such service with respect to unsolicited commercial e-mail messages. Or (6) accessing the server of a service and using a computer program to collect e-mail addresses of service subscribers in order to send such subscribers unsolicited commercial e-mail or to sell or distribute a list of such subscribers. Considers each transmission received by an individual to be a separate violation for purposes of this Act. Provides appropriate relief for both individuals and service providers. Authorizes a State, through its Attorney General, to bring an action on behalf of its residents for appropriate relief.

E-Mail User Protection Act of 1998


SECTION 1. FUEL ECONOMY TAX CREDIT.

    (a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 25E the following new section:

``SEC. 25E. FUEL ECONOMY TAX CREDIT.

    ``(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 an amount equal to the product of--
            ``(1) $100, multiplied by
            ``(2) each mile per gallon (or portion thereof) for which
        the mile per gallon highway rating of a qualified vehicle
        placed in service by the taxpayer during the taxable year
        exceeds the CAFE standard applicable to such vehicle.
    ``(b) Limitations.--
            ``(1) Limitation based on fuel efficiency.--In the case of
        any vehicle for which the mile per gallon highway rating
        exceeds 50 miles per gallon, paragraph (2) shall be applied by
        treating the the mile per gallon highway rating of such vehicle
        as 50 miles per gallon.
            ``(2) Limitation based on adjusted gross income.--The
        amount of the credit allowed by subsection (a) (determined
        without regard to this subsection) shall be reduced (but not
        below zero) by 5 percent for each $1,000 (or fraction thereof)
        by which the taxpayer's adjusted gross income exceeds $150,000.
    ``(c) Definitions.--For purposes of this section--
            ``(1) Highway rating of qualified vehicle.--The highway
        rating of a qualified vehicle shall be the rating determined by
        the Secretary of Transportation for such vehicle.
            ``(2) Qualified vehicle.--The term `qualified vehicle'
        means a motor vehicle which is a passenger automobile or a
        light truck--
                    ``(A) the original use of which commences with the
                taxpayer,
                    ``(B) which is acquired for use or lease by the
                taxpayer and not for resale, and
                    ``(C) which is made by a manufacturer.
            ``(3) CAFE standard.--The term `CAFE standard' means the
        average fuel economy level established under chapter 329 of
        title 49, United States Code.
            ``(4) Motor vehicle.--The term `motor vehicle' has the
        meaning given such term by section 30(c)(2).
            ``(5) Other terms.--The terms `passenger automobile',
        `light truck', and ``manufacturer'' have the meanings given
        such terms in regulations prescribed by the Administrator of
        the Environmental Protection Agency for purposes of the
        administration of title II of the Clean Air Act (42 U.S.C. 7521
        et seq.).
    ``(d) Special Rules.--
            ``(1) Reduction in basis.--For purposes of this subtitle,
        the basis of any property for which a credit is allowable under
        subsection (a) shall be reduced by the amount of such credit so
        allowed (determined without regard to subsection (g)).
            ``(2) No double benefit.--The amount of any deduction or
        other credit allowable under this chapter for the taxable year
        with respect to any vehicle shall be reduced by the amount of
        credit allowed under subsection (a) for such vehicle for the
        taxable year.
            ``(3) Property used outside united states, etc., not
        qualified.--No credit shall be allowable under subsection (a)
        with respect to any property referred to in section 50(b)(1) or
        with respect to the portion of the cost of any property taken
        into account under section 179.
            ``(4) Recapture.--The Secretary shall, by regulations,
        provide for recapturing the benefit of any credit allowable
        under subsection (a) with respect to any property which ceases
        to be property eligible for such credit (including recapture in
        the case of a lease period of less than the economic life of a
        vehicle).
            ``(5) Election to not take credit.--No credit shall be
        allowed under subsection (a) for any vehicle if the taxpayer
        elects to not have this section apply to such vehicle.''.
    (b) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 25D the following new
item:

``Sec. 25E. Fuel economy tax credit.''.
    (c) Termination of Alternative Motor Vehicle Credit.--Subsection
(j) of section 30B of the Internal Revenue Code of 1986 is amended to
read as follows:
    ``(j) Termination.--This section shall not apply to any property
purchased after the date of the enactment of this subsection.''.
    (d) Effective Date.--The amendments made by this section shall
apply to vehicles placed in service after the date of the enactment of
this Act in taxable years ending after such date.

Summary: Amends the Internal Revenue Code to allow an individual taxpayer who operates a passenger automobile or light truck a tax credit based upon the average fuel economy of such vehicle. Terminates the tax credit for alternative motor vehicles.

To amend the Internal Revenue Code of 1986 to provide a tax credit to consumers based on fuel economy.