SECTION 1. SHORT TITLE.

    This Act may be cited as the ``One Strike You're Out, Part II
Act''.

SEC. 2. SCREENING OF PROSPECTIVE ASSISTED FAMILIES.

    (a) In General.--Section 8 of the United States Housing Act of 1937
(42 U.S.C. 1437f) is amended by inserting after subsection (k) the
following new subsection:
    ``(l) Denial of Assistance to Criminal Offenders.--In making
assistance under this section available on behalf of eligible families,
a public housing agency may deny the provision of such assistance in
the same manner, for the same period, and subject to the same
conditions that an owner of federally assisted housing may deny
occupancy in such housing under section 642(b) of the Housing and
Community Development Act of 1992.''.
    (b) Conforming Amendment.--Clause (A) of section 8(d)(1) of the
United States Housing Act of 1937 (42 U.S.C. 1437f(d)(1)(A)) is amended
to read as follows:
            ``(A) the selection of tenants for such units shall be
        function of the owner, subject to the provisions of the annual
        contributions contract between the Secretary and the public
        housing agency, except that in making such assistance available
        the public housing agency may limit the provision of assistance
        pursuant to subsection (l);''.

SEC. 3. OCCUPANCY SCREENING.

    Section 642 of the Housing and Community Development Act of 1992
(42 U.S.C. 13602)--
            (1) by inserting ``(a) General Criteria.--'' before ``In'';
        and
            (2) by adding at the end the following new subsections:
    ``(b) Authority to Deny Occupancy for Criminal Offenders.--In
selecting tenants for occupancy of dwelling units in federally assisted
housing, if the owner of such housing determines that an applicant for
occupancy in the housing or any member of the applicant's household is
or was, during the preceding 3 years, engaged in any activity described
in paragraph (2)(C) of section 645, the owner may--
            ``(1) deny such applicant occupancy and consider the
        applicant (for purposes of any waiting list) as not having
        applied for such occupancy ; and
            ``(2) after the expiration of the 3-year period beginning
        upon such activity, require the applicant, as a condition of
        occupancy in the housing or application for occupancy in the
        housing, to submit to the owner evidence sufficient (as the
        Secretary shall by regulation provide) to ensure that the
        individual or individuals in the applicant's household who
        engaged in criminal activity for which denial was made under
        paragraph (1) have not engaged in any criminal activity during
        such 3-year period.
    ``(c) Authority to Require Access to Criminal Records.--An owner of
federally assisted housing may require, as a condition of providing
occupancy in a dwelling unit in such housing to an applicant for
occupancy and the members of the applicant's household, that each adult
member of the household provide the owner with a signed, written
authorization for the owner to obtain records described in section
646(a) regarding such member of the household from the National Crime
Information Center, police departments, and other law enforcement
agencies.''.

SEC. 4. TERMINATION OF TENANCY.

    (a) Public Housing.--
            (1) Expedited grievance procedure.--Section 6(k) of the
        United States Housing Act of 1937 (42 U.S.C. 1437d(k)) is
        amended in the first sentence of the matter following paragraph
        (6) by striking ``For'' and all that follows through ``off such
        premises'' and inserting the following: ``For any grievance
        concerning an eviction or termination of tenancy that involves
        any activity that is described in subsection (l)(5)''.
            (2) Leases.--Section 6(l) of the United States Housing Act
        of 1937 (42 U.S.C. 1437d(l)) is amended by striking paragraphs
        (4) and (5) and inserting the following new paragraphs:
            ``(4) require that the public housing agency may not
        terminate the tenancy except for violation of the terms and
        conditions of the lease, violation of applicable Federal,
        State, or local law, or other good cause;
            ``(5) provide that any activity, engaged in by the tenant,
        any member of the tenant's household, or any guest or other
        person under the tenant's control (regardless of whether the
        tenant had actual knowledge of such activity), that--
                    ``(A) threatens the health or safety of, or right
                to peaceful enjoyment of the premises by, other tenants
                or employees of the public housing agency or other
                manager of the housing,
                    ``(B) threatens the health or safety of, or right
                to peaceful enjoyment of their residences by, persons
                residing in the immediate vicinity of the premises, or
                    ``(C) is criminal activity (including drug-related
                criminal activity) on or off the premises,
            shall be cause for termination of tenancy; and''.
    (b) Section 8 Assistance.--Section 8(d)(1)(B) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(d)(1)(B)) is amended by striking
clauses (ii) and (iii) and inserting the following new clauses:
            ``(ii) the owner may not terminate the tenancy except for
        violation of the terms and conditions of the lease, violation
        of applicable Federal, State, or local law, or other good
        cause;
            ``(iii) any activity, engaged in by the tenant, any member
        of the tenant's household, or any guest or other person under
        the tenant's control (regardless of whether the tenant had
        actual knowledge of such activity), that--
                    ``(I) threatens the health or safety of, or right
                to peaceful enjoyment of the premises by, other tenants
                or employees of the owner or other manager of the
                housing,
                    ``(II) threatens the health or safety of, or right
                to peaceful enjoyment of their residences by, persons
                residing in the immediate vicinity of the premises, or
                    ``(III) is criminal activity (including drug-
                related criminal activity) on or off the premises,
        shall be cause for termination of tenancy; and''.
    (c) Federally Assisted Housing.--Subtitle C of title VI of the
Housing and Community Development Act of 1992 (42 U.S.C. 13601 et seq.)
is amended--
            (1) by adding at the end the following new section:

``SEC. 645. TERMINATION OF TENANCY.

    ``Each lease for a dwelling unit in federally assisted housing
shall provide that--
            ``(1) the owner may not terminate the tenancy except for
        violation of the terms and conditions of the lease, violation
        of applicable Federal, State, or local law, or other good
        cause; and
            ``(2) any activity, engaged in by the tenant, any member of
        the tenant's household, or any guest or other person under the
        tenant's control (regardless of whether the tenant had actual
        knowledge of such activity), that--
                    ``(A) threatens the health or safety of, or right
                to peaceful enjoyment of the premises by, other tenants
                or employees of the owner or other manager of the
                housing,
                    ``(B) threatens the health or safety of, or right
                to peaceful enjoyment of their residences by, persons
                residing in the immediate vicinity of the premises, or
                    ``(C) is criminal activity (including drug-related
                criminal activity) on or off the premises,
        shall be cause for termination of tenancy.''; and
            (2) in section 683 (42 U.S.C. 13641), by adding at the end
        the following new paragraph:
            ``(6) Drug-related criminal activity.--The term `drug-
        related criminal activity' means the illegal manufacture, sale,
        distribution, use, or possession with intent to manufacture,
        sell, distribute, or use, of a controlled substance (as defined
        in section 102 of the Controlled Substances Act).''.

SEC. 6. AVAILABILITY OF CRIMINAL RECORDS FOR TENANT SCREENING AND
              EVICTION.

    Subtitle C of title VI of the Housing and Community Development Act
of 1992 (42 U.S.C. 13601 et seq.) is amended adding after section 645
(as added by section 5(c) of this Act) the following new section:

``SEC. 646. AVAILABILITY OF RECORDS.

    ``(a) In General.--
            ``(1) Provision of information.--Notwithstanding any other
        provision of law other than paragraph (2), upon the request of
        an owner of federally assisted housing, the National Crime
        Information Center, a police department, and any other law
        enforcement agency shall provide to the owner of federally
        assisted housing information regarding the criminal conviction
        records of an adult applicant for, or tenants of, the federally
        assisted housing for purposes of applicant screening, lease
        enforcement, and eviction, but only if such Center, department,
        or agency is presented with a written authorization, signed by
        such applicant, for the release of such information to such
        owner.
            ``(2) Exception.--A law enforcement agency described in
        paragraph (1) shall provide information under this paragraph
        relating to any criminal conviction of a juvenile only to the
        extent that the release of such information is authorized under
        the law of the applicable State, tribe, or locality.
    ``(b) Opportunity to Dispute.--Before an adverse action is taken
with regard to assistance for federally assisted housing on the basis
of a criminal record, the public housing agency or owner, as
applicable, shall provide the tenant or applicant with a copy of the
criminal record and an opportunity to dispute the accuracy and
relevance of that record.
    ``(c) Fee.--A public housing agency or owner of federally assisted
housing may be charged a reasonable fee for information provided under
subsection (a).
    ``(d) Records Management.--Each public housing agency and owner of
federally assisted housing that receives criminal record information
under this section shall establish and implement a system of records
management that ensures that any criminal record received by the agency
or owner is--
            ``(1) maintained confidentially;
            ``(2) not misused or improperly disseminated; and
            ``(3) destroyed, once the purpose for which the record was
        requested has been accomplished.
    ``(e) Definition.--For purposes of this section, the term `adult'
means a person who is 18 years of age or older, or who has been
convicted of a crime as an adult under any Federal, State, or tribal
law.''.

Summary: One Strike You're Out, Part II Act - Amends the United States Housing Act of 1937 with regard to section 8 housing, and the Housing and Community Development Act of 1992 with regard to federally assisted housing, to authorize denial of occupancy assistance or occupancy to criminal offender-applicants. Amends such Acts to provide for termination of tenancy for criminal activity or activity that threatens the safety or peaceful enjoyment of others. Amends the Housing and Community Development Act of 1992 to make adult applicant and tenant criminal records available to owners of federally assisted housing under specified circumstances.

One Strike You're Out, Part II Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hippocratic Oath and Patient
Protection Act of 1996''.

SEC. 2. DUTIES OF A HEALTH CARRIER.

    Under a contract or agreement with a health care provider or
enrollee, a health carrier--
            (1) shall not--
                    (A) prevent or limit a health care provider's
                protected communication to a patient or the public as
                described in section 3;
                    (B) operate an improper incentive plan as described
                in section 4; or
                    (C) include indemnification clauses as described in
                section 5; and
            (2) shall disclose (in plain English understandable by a
        layperson) to a health care provider and to an enrollee--
                    (A) a list of all services and benefits offered
                under the health plan, including any service or benefit
                maximum, limitation, or exclusion;
                    (B) the procedures used in authorizing, approving,
                limiting, or denying services or benefits under the
                health plan; and
                    (C) any health care provider incentive plan as
                described in section 4(b) that exists under the
                contract or agreement.

SEC. 3. PROTECTED COMMUNICATION.

    (a) In General.--Except as limited in subsection (b), for purposes
of section 2(1)(A) a protected communication is a communication of
information relevant to the care or course of treatment of a patient.
    (b) Limitations.--Such a protected communication does not include--
            (1) a trade secret; or
            (2) a knowing misrepresentation by a health care provider.

SEC. 4. IMPROPER HEALTH CARE PROVIDER INCENTIVE PLAN.

    (a) In General.--For purposes of section 2(1)(B), a health care
provider incentive plan is improper, unless such plan meets the
requirements of section 1876(i)(8)(A) of the Social Security Act (42
U.S.C. 1395mm(i)(8)(A)) for physician incentive plans in contracts with
eligible organizations under section 1876 of such Act.
    (b) Incentive Plan Defined.--The term ``health care provider
incentive plan'' means any compensation or other financial arrangement
between a health carrier and a health care provider that may directly
or indirectly have the effect of limiting services provided with
respect to an enrollee.

SEC. 5. PROHIBITED INDEMNIFICATION CLAUSES.

    For purposes of section 2(1)(C), a prohibited indemnification
clause is any provision to indemnify a health carrier against liability
from a civil action brought by, or on behalf of, an enrollee or a
health care provider for any damage caused to the enrollee or the
health care provider by the health carrier.

SEC. 6. ENFORCEMENT.

    (a) In General.--The Secretary of Health and Human Services may
impose upon a health carrier who violates a provision of this Act a
civil money penalty of--
            (1) up to $25,000 for each violation, or
            (2) up to $100,000 for each violation if the Secretary
        determines that the health carrier has engaged, within the 5
        years immediately preceding such violation, in a pattern of
        such violations.
    (b) Procedures.--Subsections (c) through (l) of section 1128A of
the Social Security Act (42 U.S.C. 1320a-7a) apply to a civil penalty
under this paragraph in the same manner as they apply to a civil
penalty under section 1128A(a) of such Act.

SEC. 7. PRIVATE CAUSE OF ACTION.

    Whoever is aggrieved by a violation of this Act may in a civil
action obtain appropriate relief.

SEC. 8. REPORT TO CONGRESS.

    (a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Health and Human Services shall
submit a report to Congress that evaluates--
            (1) the impact of this Act on health carriers, health care
        providers, and enrollees; and
            (2) the enforcement of this Act by the Secretary.
    (b) Recommendations.--The Secretary shall include in the report
required under subsection (a) recommendations for such changes as may
be needed to ensure compliance by health carriers with this Act.

SEC. 9. DEFINITIONS.

    As used in this Act--
            (1) the term ``health plan'' means any public or private
        entity or program that provides for payments for health care,
        including--
                    (A) a group health plan (as defined in section 607
                of the Employee Retirement Income Security Act of 1974)
                or a multiple employer welfare arrangement (as defined
                in section 3(40) of such Act) that provides health
                benefits;
                    (B) any other health insurance arrangement,
                including any arrangement consisting of a hospital or
                medical expense incurred policy or certificate,
                hospital or medical service plan contract, or health
                maintenance organization subscriber contract;
                    (C) workers' compensation or similar insurance to
                the extent that it relates to workers' compensation
                medical benefits (as defined by the Federal Trade
                Commission); and
                    (D) automobile medical insurance to the extent that
                it relates to medical benefits (as defined by the
                Federal Trade Commission);
            (2) the term ``health care provider'' means a person who
        contracts with a health carrier to provide health care services
        to enrollees;
            (3) the term ``health carrier'' means a person who
        contracts or offers to contract on a risk-assuming basis--
                    (A) to provide, deliver, or arrange for health care
                services; or
                    (B) to pay for or reimburse any of the cost of
                health care services; and
            (4) the term ``enrollee'' means a person enrolled under a
        health plan.

SEC. 10. EFFECTIVE DATES.

    (a) Subsections 2(1) (A) and (C) shall take effect on the date of
the enactment of this Act, and apply to contracts or agreements entered
into or renewed before, on, or after the date of the enactment of this
Act.
    (b) Subsections 2(1)(B) and 2(2) shall take effect 90 days after
the date of the enactment of this Act, and apply to contracts or
agreements entered into or renewed before, on, or after the date of the
enactment of this Act.

Summary: Hippocratic Oath and Patient Protection Act of 1996 - Prohibits health carriers, in contracts with providers or enrollees, from: (1) preventing or limiting provider communications to a patient or the public. (2) operating an incentive plan that does not meet requirements of specified provisions of title XVIII (Medicare) of the Social Security Act. Or (3) including a provision to indemnify a carrier against liability from an action brought by or for an enrollee or provider for damage caused to the enrollee or provider by the carrier. Requires carriers to disclose in plain English: (1) a list of all services and benefits offered, (2) procedures used by the plan. And (3) any existing incentive plan. Mandates a civil monetary penalty and authorizes a private cause of action for violations.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Pink Tax Repeal Act''.

SEC. 2. PROHIBITION ON GENDER-BASED PRICING OF CONSUMER PRODUCTS AND
              SERVICES.

    (a) Prohibited Practices.--
            (1) Consumer products.--It shall be unlawful for any person
        to sell or offer for sale in interstate commerce any two
        consumer products from the same manufacturer that are
        substantially similar if such products are priced differently
        based on the gender of the individuals for whose use the
        products are intended or marketed.
            (2) Services.--It shall be unlawful for any person to sell
        or offer for sale any services that are substantially similar
        if such services are priced differently based on the gender of
        the individuals for which the services are performed, offered,
        or marketed.
    (b) Unfair and Deceptive Act or Practice.--A violation of
subsection (a) shall be treated as a violation of a rule prescribed
under section 18(a)(1)(B) of the Federal Trade Commission Act (15
U.S.C. 57a(a)(1)(B)) defining an unfair or deceptive act or practice in
or affecting interstate commerce.
    (c) Enforcement.--
            (1) Federal trade commission.--The Federal Trade Commission
        shall enforce this section in the same manner, by the same
        means, and with the same jurisdiction as though all applicable
        terms and provisions of the Federal Trade Commission Act were
        incorporated into and made a part of this Act.
            (2) State attorneys general.--
                    (A) Civil action.--In any case in which the
                attorney general of a State has reason to believe that
                an interest of the residents of that State has been or
                is adversely affected by a violation of subsection (a),
                the attorney general may, as parens patriae, bring a
                civil action on behalf of the residents of the State in
                an appropriate district court of the United States--
                            (i) to enjoin further violation of this Act
                        by the defendant;
                            (ii) to compel compliance with this Act; or
                            (iii) obtain damages, restitution, or other
                        compensation on behalf of residents of the
                        State.
                    (B) Notice to the ftc.--
                            (i) Notice.--Except as provided in clause
                        (iii), the attorney general of a State shall
                        notify the Commission in writing of any civil
                        action under paragraph (2), prior to initiating
                        such civil action.
                            (ii) Contents.--The notice required by
                        clause (i) shall include a copy of the
                        complaint to be filed to initiate such civil
                        action.
                            (iii) Exception.--If it is not feasible for
                        the attorney general of a State to provide the
                        notice required by clause (i), the State shall
                        provide notice immediately upon instituting a
                        civil action under subparagraph (A).
                    (C) Intervention by the ftc.--Upon receiving notice
                required by subparagraph (B) with respect to a civil
                action, the Commission may--
                            (i) intervene in such action; and
                            (ii) upon intervening, be heard on all
                        matters arising in such civil action and file
                        petitions for appeal of a decision in such
                        action.
                    (D) Preemptive action by the ftc.--If the
                Commission institutes a civil action for violation of
                this Act, no attorney general of a State may bring a
                civil action under this paragraph against any defendant
                named in the complaint of the Commission for violation
                of this Act that is alleged in such complaint.
    (d) Rules of Construction.--
            (1) Substantially similar products.--For purposes of this
        Act, two consumer products are substantially similar if there
        are no substantial differences in the materials used in the
        product, the intended uses of the product, and the functional
        design and features of the product. A difference in coloring
        among any consumer products shall not be construed as a
        substantial difference for purposes of this paragraph.
            (2) Substantially similar services.--For purposes of this
        Act, two services are substantially similar if there is no
        substantial difference in the amount of time to provide the
        services, the difficulty in providing the services, or the cost
        of providing the services.
    (e) Definition of Consumer Product.--The term ``consumer product''
has the meaning given such term in section 3 of the Consumer Product
Safety Act (15 U.S.C. 2052) and includes a device or cosmetics, as such
terms are defined in section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321). Such term includes a child restraint
system, as such term is defined in section 571.213 of title 49, Code of
Federal Regulations.

Summary: Pink Tax Repeal Act This bill prohibits the sale of substantially similar services or consumer products from the same manufacturer if they are priced differently based on the gender of the individuals to whom the products are marketed or intended or for whom the services are marketed, performed, or offered. A difference in coloring among consumer products shall not be construed as a substantial difference. Violations shall be treated as unfair or deceptive act or practice under the Federal Trade Commission Act. The Federal Trade Commission and state attorneys general are authorized to enforce against such violations.

Pink Tax Repeal Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Supporting America's Charities
Act''.

SEC. 2. SPECIAL RULE FOR QUALIFIED CONSERVATION CONTRIBUTIONS MODIFIED
              AND MADE PERMANENT.

    (a) Made Permanent.--
            (1) Individuals.--Section 170(b)(1)(E) of the Internal
        Revenue Code of 1986 is amended by striking clause (vi).
            (2) Corporations.--Section 170(b)(2)(B) of such Code is
        amended by striking clause (iii).
    (b) Contributions of Capital Gain Real Property Made for
Conservation Purposes by Native Corporations.--
            (1) In general.--Section 170(b)(2) of such Code is amended
        by redesignating subparagraph (C) as subparagraph (D), and by
        inserting after subparagraph (B) the following new
        subparagraph:
                    ``(C) Qualified conservation contributions by
                certain native corporations.--
                            ``(i) In general.--Any qualified
                        conservation contribution (as defined in
                        subsection (h)(1)) which--
                                    ``(I) is made by a Native
                                Corporation, and
                                    ``(II) is a contribution of
                                property which was land conveyed under
                                the Alaska Native Claims Settlement
                                Act,
                        shall be allowed to the extent that the
                        aggregate amount of such contributions does not
                        exceed the excess of the taxpayer's taxable
                        income over the amount of charitable
                        contributions allowable under subparagraph (A).
                            ``(ii) Carryover.--If the aggregate amount
                        of contributions described in clause (i)
                        exceeds the limitation of clause (i), such
                        excess shall be treated (in a manner consistent
                        with the rules of subsection (d)(2)) as a
                        charitable contribution to which clause (i)
                        applies in each of the 15 succeeding years in
                        order of time.
                            ``(iii) Native corporation.--For purposes
                        of this subparagraph, the term `Native
                        Corporation' has the meaning given such term by
                        section 3(m) of the Alaska Native Claims
                        Settlement Act.''.
            (2) Conforming amendment.--Section 170(b)(2)(A) of such
        Code is amended by striking ``subparagraph (B) applies'' and
        inserting ``subparagraph (B) or (C) applies''.
            (3) Valid existing rights preserved.--Nothing in this
        subsection (or any amendment made by this subsection) shall be
        construed to modify the existing property rights validly
        conveyed to Native Corporations (within the meaning of section
        3(m) of the Alaska Native Claims Settlement Act) under such
        Act.
    (c) Effective Date.--The amendments made by this section shall
apply to contributions made in taxable years beginning after December
31, 2013.

SEC. 3. EXTENSION AND EXPANSION OF CHARITABLE DEDUCTION FOR
              CONTRIBUTIONS OF FOOD INVENTORY.

    (a) Permanent Extension.--Section 170(e)(3)(C) of the Internal
Revenue Code of 1986 is amended by striking clause (iv).
    (b) Increase in Limitation.--Section 170(e)(3)(C) of such Code, as
amended by subsection (a), is amended by striking clause (ii), by
redesignating clause (iii) as clause (iv), and by inserting after
clause (i) the following new clauses:
                            ``(ii) Limitation.--The aggregate amount of
                        such contributions for any taxable year which
                        may be taken into account under this section
                        shall not exceed--
                                    ``(I) in the case of any taxpayer
                                other than a C corporation, 15 percent
                                of the taxpayer's aggregate net income
                                for such taxable year from all trades
                                or businesses from which such
                                contributions were made for such year,
                                computed without regard to this
                                section, and
                                    ``(II) in the case of a C
                                corporation, 15 percent of taxable
                                income (as defined in subsection
                                (b)(2)(D)).
                            ``(iii) Rules related to limitation.--
                                    ``(I) Carryover.--If such aggregate
                                amount exceeds the limitation imposed
                                under clause (ii), such excess shall be
                                treated (in a manner consistent with
                                the rules of subsection (d)) as a
                                charitable contribution described in
                                clause (i) in each of the 5 succeeding
                                years in order of time.
                                    ``(II) Coordination with overall
                                corporate limitation.--In the case of
                                any charitable contribution allowable
                                under clause (ii)(II), subsection
                                (b)(2)(A) shall not apply to such
                                contribution, but the limitation
                                imposed by such subsection shall be
                                reduced (but not below zero) by the
                                aggregate amount of such contributions.
                                For purposes of subsection (b)(2)(B),
                                such contributions shall be treated as
                                allowable under subsection
                                (b)(2)(A).''.
    (c) Determination of Basis for Certain Taxpayers.--Section
170(e)(3)(C) of such Code, as amended by subsections (a) and (b), is
amended by adding at the end the following new clause:
                            ``(v) Determination of basis for certain
                        taxpayers.--If a taxpayer--
                                    ``(I) does not account for
                                inventories under section 471, and
                                    ``(II) is not required to
                                capitalize indirect costs under section
                                263A,
                        the taxpayer may elect, solely for purposes of
                        subparagraph (B), to treat the basis of any
                        apparently wholesome food as being equal to 25
                        percent of the fair market value of such
                        food.''.
    (d) Determination of Fair Market Value.--Section 170(e)(3)(C) of
such Code, as amended by subsections (a), (b), and (c), is amended by
adding at the end the following new clause:
                            ``(vi) Determination of fair market
                        value.--In the case of any such contribution of
                        apparently wholesome food which cannot or will
                        not be sold solely by reason of internal
                        standards of the taxpayer, lack of market, or
                        similar circumstances, or by reason of being
                        produced by the taxpayer exclusively for the
                        purposes of transferring the food to an
                        organization described in subparagraph (A), the
                        fair market value of such contribution shall be
                        determined--
                                    ``(I) without regard to such
                                internal standards, such lack of
                                market, such circumstances, or such
                                exclusive purpose, and
                                    ``(II) by taking into account the
                                price at which the same or
                                substantially the same food items (as
                                to both type and quality) are sold by
                                the taxpayer at the time of the
                                contribution (or, if not so sold at
                                such time, in the recent past).''.
    (e) Effective Date.--
            (1) In general.--Except as otherwise provided in this
        subsection, the amendments made by this section shall apply to
        contributions made after December 31, 2013, in taxable years
        ending after such date.
            (2) Limitation; applicability to c corporations.--The
        amendments made by subsection (b) shall apply to contributions
        made in taxable years beginning after December 31, 2013.

SEC. 4. RULE ALLOWING CERTAIN TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL
              RETIREMENTS ACCOUNTS FOR CHARITABLE PURPOSES MADE
              PERMANENT.

    (a) In General.--Section 408(d)(8) of the Internal Revenue Code of
1986 is amended by striking subparagraph (F).
    (b) Effective Date.--The amendment made by this section shall apply
to distributions made in taxable years beginning after December 31,
2013.

SEC. 5. BUDGETARY EFFECTS.

    (a) Paygo Scorecard.--The budgetary effects of this Act shall not
be entered on either PAYGO scorecard maintained pursuant to section
4(d) of the Statutory Pay-As-You-Go Act of 2010.
    (b) Senate Paygo Scorecard.--The budgetary effects of this Act
shall not be entered on any PAYGO scorecard maintained for purposes of
section 201 of S. Con. Res. 21 (110th Congress).

Summary: Supporting America's Charities Act - Amends the Internal Revenue Code to make permanent: (1) the tax deduction for charitable contributions by individuals and corporations of real property interests for conservation purposes, and (2) tax-free distributions from individual retirement accounts (IRAs) for charitable purposes. Allows a tax deduction for charitable contributions for conservation purposesnbsp. Of property conveyed under the Alaska Native Claims Settlement Act by an Alaska Native Corporation. Modifies the tax deduction for charitiable contributions of food inventory to: (1) increase the amount of deductible food inventory contributions that taxpayers other than C corporations may make in any taxable year from 10 to 15 of their aggregate net income and to limit such amount for a C corporation to 15 of its taxable income. (2) permit a taxpayer who is not required to account for inventories or capitalize indirect costs to elect, solely for purposes of computing the amount of such deduction, to treat the basis of any apparently wholesome food as equal to 25 of the fair market value of such food and to set forth a formula for determining the fair market value of such food, and (3) make such deduction, as modified, permanent.

Supporting America's Charities Act


[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 681 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 681

  To amend the Digital Television Transition and Public Safety Act of
  2005 and the Communications Act of 1934 to establish a new digital
television transition date, to improve the digital-to-analog converter
                  box program, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 26, 2009

Mr. Waxman (for himself, Ms. Baldwin, Mr. Butterfield, Mrs. Capps, Mrs.
    Christensen, Mr. Doyle, Ms. Eshoo, Mr. Gonzalez, Mr. Gordon of
      Tennessee, Mr. Gene Green of Texas, Mr. Hill, Mr. Markey of
 Massachusetts, Mr. Rush, Ms. Schakowsky, Mr. McNerney, Ms. Castor of
  Florida, Mr. Pallone, Mr. Sarbanes, Mr. Matheson, Mr. Grayson, Mr.
  Rangel, and Mr. Pierluisi) introduced the following bill; which was
            referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL

  To amend the Digital Television Transition and Public Safety Act of
  2005 and the Communications Act of 1934 to establish a new digital
television transition date, to improve the digital-to-analog converter
                  box program, and for other purposes.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Digital Television Transition
Extension Act of 2009''.

SEC. 2. EXTENSION OF DTV TRANSITION DEADLINE.

    (a) Amendments to Communications Act of 1934.--
            (1) Section 309.--Section 309(j)(14)(A) of the
        Communications Act of 1934 (47 U.S.C. 309(j)(14)(A)) is amended
        by striking ``February 17, 2009'' and inserting ``June 12,
        2009''.
            (2) Section 337.--Section 337(e)(1) of the Communications
        Act of 1934 (47 U.S.C. 337(e)(1)) is amended by striking
        ``February 17, 2009'' and inserting ``June 12, 2009''.
    (b) Amendments to Digital Television Transition and Public Safety
Act of 2005.--
            (1) Section 3002.--Section 3002(b) of the Digital
        Television Transition and Public Safety Act of 2005 is amended
        by striking ``February 18'' each place it appears and inserting
        ``June 13''.
            (2) Section 3005.--Section 3005(c)(1) of such Act is
        amended by striking ``March 31, 2009'' and inserting ``July 31,
        2009''.
            (3) Section 3008.--Section 3008(a)(1) of such Act is
        amended by striking ``February 17, 2009'' and inserting ``June
        12, 2009''.
    (c) License Terms.--
            (1) Extension.--The Federal Communications Commission shall
        extend the terms of the licenses for the recovered spectrum,
        including the license period and construction requirements
        associated with those licenses, for a 116-day period.
            (2) Definition.--For purposes of this subsection, the term
        ``recovered spectrum'' means--
                    (A) the recovered analog spectrum, as such term is
                defined in section 309(j)(15)(C)(vi) of the
                Communications Act of 1934; and
                    (B) the spectrum excluded from the definition of
                recovered analog spectrum by subclauses (I) and (II) of
                such section.

SEC. 3. MODIFICATION OF DIGITAL-TO-ANALOG CONVERTER BOX PROGRAM.

    (a) Treatment of Expired Coupons.--
            (1) In general.--Section 3005(c)(1) of the Digital
        Television Transition and Public Safety Act of 2005 is amended
        by adding at the end the following new subparagraph:
                    ``(D) Expired coupons.--The Assistant Secretary
                shall issue to a household, upon request by the
                household, one replacement coupon for each coupon that
                was issued to such household and that expired without
                being redeemed.''.
            (2) Conforming amendment.--Section 3005(c)(1)(A) of the
        Digital Television Transition and Public Safety Act of 2005 is
        amended by striking ``receives'' and inserting ``redeems''.
    (b) Expediting Delivery.--
            (1) First class mail.--Within 7 days after the date of
        enactment of this Act, the Assistant Secretary for
        Communications and Information of the Department of Commerce
        shall expedite the distribution of coupons issued under section
        3005 of the Digital Television Transition and Public Safety Act
        of 2005 by directing that, if coupons are delivered via the
        United States Postal Service, such coupons shall be delivered
        via pre-sorted first class mail service.
            (2) Conforming amendment.--Section 3005(c)(1)(A) of the
        Digital Television Transition and Public Safety Act of 2005 is
        further amended by striking ``, via the United States Postal
        Service,''.
    (c) Condition of Modifications.--The amendments made by this
section shall not take effect until the enactment of new budget
authority to carry out the analog-to-digital converter box program
under section 3005 of the Digital Television Transition and Public
Safety Act of 2005.

SEC. 4. IMPLEMENTATION.

    (a) Permissive Early Termination Under Existing Requirements.--
Nothing in this Act is intended to prevent a licensee of a television
broadcast station  from terminating the broadcasting of such station's
analog television signal (and continuing to broadcast exclusively in
the digital television service) prior to the date established by law
under section 3002(b) of the Digital Television Transition and Public
Safety Act of 2005 for termination of all licenses for full-power
television stations in the analog television service (as amended by
section 2 of this Act) so long as such prior termination is conducted
in accordance with the Federal Communications Commission's requirements
in effect on the date of enactment of this Act, including the flexible
procedures established in the Matter of Third Periodic Review of the
Commission's Rules and Policies Affecting the Conversion to Digital
Television (FCC 07-228, MB Docket No. 07-91, released December 31,
2007).
    (b) Public Safety Radio Services.--
            (1) Use on cleared spectrum.--Notwithstanding the
        amendments made by section 2, if--
                    (A) a television broadcast station ceases the
                broadcasting of such station's analog television
                service under subsection (a) of this section prior to
                June 12, 2009, and
                    (B) as a consequence of such cessation, spectrum
                between frequencies 768 and 776 megahertz, inclusive,
                and 798 and 806 megahertz, inclusive, becomes available
                for non-television broadcast use prior to June 12,
                2009,
        the Federal Communications Commission shall permit the use of
        such spectrum for authorized public safety radio services if
        the Commission determines that such use is in the public
        interest and does not cause harmful interference to full-power
        television stations in the analog or digital television
        service.
            (2) Expedited procedures.--The Federal Communications
        Commission is authorized to use expedited procedures, and to
        waive such rules as may be necessary, to make a determination
        on an application made under paragraph (1) to begin such use of
        such spectrum by a public safety agency (as such term is
        defined in section 3006(d)(1) of the Digital Television
        Transition and Public Safety Act of 2005) in not less than 2
        weeks after the date of submission of such application.
    (c) Expedited Rulemaking.--Notwithstanding any other provision of
law, the Federal Communications Commission and the National
Telecommunications and Information Administration shall, not later than
30 days after the date of enactment of this Act, each adopt or revise
its rules, regulations, or orders or take such other actions as may be
necessary or appropriate to implement the provisions, and carry out the
purposes, of this Act and the amendments made by this Act.

SEC. 5. EXTENSION OF COMMISSION AUCTION AUTHORITY.

    Section 309(j)(11) of the Communications Act of 1934 (47 U.S.C.
309(j)(11)) is amended by striking ``2011'' and inserting ``2012''.

SEC. 6. REPORTS.

    (a) Monthly Reporting Requirement.--Beginning one month after
enactment of this Act and ending on October 31, 2009, the Assistant
Secretary shall transmit to the Committee on Energy and Commerce of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a monthly report detailing--
            (1) the number of unredeemed and unexpired coupons still
        held by consumers;
            (2) the number of replacement coupons the National
        Telecommunications and Information Administration has issued
        for expired coupons pursuant to section 3005(c)(1) of the
        Digital Television Transition and Public Safety Act of 2005, as
        amended by section 3(a) of this Act, during the 30 days prior
        to the monthly reporting date required by this subsection;
            (3) the approximate number of analog-to-digital converter
        boxes available for purchase by consumers;
            (4) the number of new and replacement coupons issued by the
        National Telecommunications and Information Administration via
        postal mail and other delivery methods, including electronic
        mail; and
            (5) the remaining amount of funds available to the National
        Telecommunications and Information Administration to carry out
        section 3005 of the Digital Television Transition and Public
        Safety Act of 2005, as amended by this Act and any other Act.
    (b) Report About Rural Areas.--
            (1) In general.--Not later than December 30, 2009, the
        Federal Communications Commission shall transmit to the
        Committee on Energy and Commerce of the House of
        Representatives and the Committee on Commerce, Science, and
        Transportation of the Senate a report about the effect of the
        digital television transition on consumers in rural areas in
        the United States.
            (2) Specific requirements.--The report required under
        paragraph (1) shall include information on the following:
                    (A) Whether rural areas experienced
                disproportionately more service disruptions than urban
                and suburban areas.
                    (B) Whether gaps in over-the-air broadcast coverage
                exist for rural consumers due to the shorter range for
                digital signals, as compared to analog signals.
                    (C) Recommendations for rectifying significant
                problems that have arisen in rural areas in the United
                States as a result of the digital television
                transition.

Summary: Digital Television Transition Extension Act of 2009 - Amends the Communications Act of 1934 and the Digital Television Transition and Public Safety Act of 2005 to extend for approximately four months the deadlines related to the transition from analog to digital television broadcasting. Requires the Federal Communications Commission (FCC) to extend for 116 days the terms of the licenses for recovered spectrum. Requires, on request, the reissue of any household digital-to-analog converter box coupons that expired without being redeemed. Requires expediting the delivery of household digital-to-analog converter box coupons by sending them via presorted first class mail. Allows a station to terminate analog broadcasting before the date established by law for termination of all full power analog station licenses. Requires the FCC to permit public safety entities to use spectrum thus relinquished if the FCC determines that such use does not cause harmful interference to full-power television stations in the analog or digital service. Extends until September 30, 2012 the FCC's spectrum auction authority.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Transparency and Security in
Mortgage Registration Act of 2010''.

SEC. 2. PROHIBITION ON GUARANTEEING MERS MORTGAGES.

    (a) Fannie Mae and Freddie Mac.--
            (1) Fannie mae.--Section 302(b) of the National Housing Act
        (12 U.S.C. 1717(b)) is amended by adding at the end the
        following new paragraph:
    ``(6)(A) After the date of the enactment of the Transparency and
Security in Mortgage Registration Act of 2010, the corporation may not
purchase, acquire, newly lend on the security of, newly invest in
securities consisting of, or otherwise newly deal in any MERS mortgage
or mortgages.
    ``(B) After the expiration of the period under subparagraph (C),
MERS shall not be the named mortgagee or mortgagee of record on any
mortgage owned, guaranteed, or securitized by the corporation. Not
later than the expiration of such period, the corporation shall require
that all mortgage loans owned, guaranteed, or securitized at such time
by the corporation and on which MERS is the named mortgagee or
mortgagee of record shall be assigned to the servicer, holder, or
creditor, as defined by the guidelines of the corporation. The
corporation shall not reimburse the servicer, holder, or creditor for
any expense incurred in the carrying out or recording such an
assignment.
    ``(C)(i) Except as provided in clause (ii), the period under this
subparagraph is the 6-month period beginning on the date of the
enactment of the Transparency and Security in Mortgage Registration Act
of 2010.
    ``(ii) In the case of any mortgage owned, guaranteed, or
securitized by the corporation for which the servicer, holder, or
creditor has demonstrated to the corporation, in accordance with
standards established by the Director of the Federal Housing Finance
Agency, that compliance with subparagraph (B) by the expiration of such
6-month period will cause a severe threat to the continued financial
viability of such entity, the period under this subparagraph shall be
the period that begins on such date of enactment and has such duration
as determined by the corporation, in accordance with standards
established by the Director, but in no case has a duration longer than
12 months.
    ``(D) Not later than the expiration of the 6-month period referred
to in subparagraph (C)(i), the corporation shall submit a report
detailing its compliance with subparagraph (B) to the Congress, the
Director of the Federal Housing Finance Agency, the Financial Stability
Oversight Council, and the Director of the Bureau of Consumer Financial
Protection of the Federal Reserve System, which shall describe any
extensions of the period for compliance with subparagraph (B) granted
pursuant to subparagraph (C).
    ``(E) For purposes of this paragraph, the following definitions
shall apply:
            ``(i) The term `MERS' means the Mortgage Electronic
        Registration Systems, Inc., or any successor entity of such
        corporation.
            ``(ii) The term `MERS mortgage' means any mortgage--
                    ``(I) for which the MERS is, or was at any time,
                the original or nominal mortgagee or mortgagee of
                record under the mortgage;
                    ``(II) that is, or was at any time, assigned to or
                recorded in the MERS; or
                    ``(III) for which the MERS is, or was at any time,
                acting as nominee in the county land records for the
                lender or servicer of the mortgage.''.
            (2) Freddie mac.--Section 305(a) of the Federal Home Loan
        Mortgage Corporation Act (12 U.S.C. 1454(a)) is amended by
        adding at the end the following new paragraph:
    ``(6)(A) After the date of the enactment of the Transparency and
Security in Mortgage Registration Act of 2010, the Corporation may not
purchase, acquire, newly lend on the security of, newly invest in
securities consisting of, or otherwise newly deal in any MERS mortgage
or mortgages.
    ``(B) After the expiration of the period under subparagraph (C),
MERS shall not be the named mortgagee or mortgagee of record on any
mortgage owned, guaranteed, or securitized by the Corporation. Not
later than the expiration of such period, the Corporation shall require
that all mortgage loans owned, guaranteed, or securitized at such time
by the Corporation and on which MERS is the named mortgagee or
mortgagee of record shall be assigned to the servicer, holder, or
creditor, as defined by the guidelines of the Corporation. The
Corporation shall not reimburse the servicer, holder, or creditor for
any expense incurred in the carrying out or recording such an
assignment.
    ``(C)(i) Except as provided in clause (ii), the period under this
subparagraph is the 6-month period beginning on the date of the
enactment of the Transparency and Security in Mortgage Registration Act
of 2010.
    ``(ii) In the case of any mortgage owned, guaranteed, or
securitized by the Corporation for which the servicer, holder, or
creditor has demonstrated to the Corporation, in accordance with
standards established by the Director of the Federal Housing Finance
Agency, that compliance with subparagraph (B) by the expiration of such
6-month period will cause a severe threat to the continued financial
viability of such entity, the period under this subparagraph shall be
the period that begins on such date of enactment and has such duration
as determined by the Corporation, in accordance with standards
established by the Director, but in no case has a duration longer than
12 months.
    ``(D) Not later than the expiration of the 6-month period referred
to in subparagraph (C)(i), the Corporation shall submit a report
detailing its compliance with subparagraph (B) to the Congress, the
Director of the Federal Housing Finance Agency, the Financial Stability
Oversight Council, and the Director of the Bureau of Consumer Financial
Protection of the Federal Reserve System, which shall describe any
extensions of the period for compliance with subparagraph (B) granted
pursuant to subparagraph (C).
    ``(E) For purposes of this paragraph, the following definitions
shall apply:
            ``(i) The term `MERS' means the Mortgage Electronic
        Registration Systems, Inc., or any successor entity of such
        corporation.
            ``(ii) The term `MERS mortgage' means any mortgage--
                    ``(I) for which the MERS is, or was at any time,
                the original or nominal mortgagee or mortgagee of
                record under the mortgage;
                    ``(II) that is, or was at any time, assigned to or
                recorded in the MERS; or
                    ``(III) for which the MERS is, or was at any time,
                acting as nominee in the county land records for the
                lender or servicer of the mortgage.''.
            (3) Regulations.--Not later than the expiration of the 90-
        day period beginning on the date of the enactment of this Act,
        the Director of the Federal Housing Finance Agency shall issue
        any regulations necessary to carry out the amendments made by
        paragraphs (1) and (2). In issuing such regulations, the
        Director shall consult and coordinate with the Secretary of
        Housing and Urban Development to ensure that the regulations
        issued by the Director and the regulations issued by the
        Secretary pursuant to subsection (b)(2) of this section are
        uniform and consistent to maximum extent possible.
    (b) Ginnie Mae.--
            (1) Prohibition.--Section 302(c) of the National Housing
        Act (12 U.S.C. 1717(c)) is amended by adding at the end the
        following new paragraph:
    ``(6)(A) After the date of the enactment of the Transparency and
Security in Mortgage Registration Act of 2010, the Association may not
newly guarantee the payment of principal of or interest on any trust
certificate or other security based or backed by a trust or pool that
contains, or purchase or acquire, any MERS mortgage.
    ``(B)(i) After the expiration of the period under subparagraph (C),
MERS shall not be the named mortgagee or mortgagee of record on any
mortgage owned or held by the Association or on any mortgage contained
in a pool backing or on which is based any trust certificate or other
security the payment of principal of or interest on which is guaranteed
by the Association.
    ``(ii) Not later than the expiration of such period, the
Association shall require that all mortgage loans that are owned or
held at such time by the Association, or that at such time are
contained in a trust or pool backing or on which is based a trust
certificate or other security the payment of principal of or interest
on which is guaranteed by the Association, and on which MERS is the
named mortgagee or mortgagee of record, shall be assigned to the
servicer, holder, or creditor, as defined by the guidelines of the
Association. The Association shall not reimburse the servicer, holder,
or creditor for any expense incurred in the carrying out or recording
such an assignment.
    ``(C)(i) Except as provided in clause (ii), the period under this
subparagraph is the 6-month period beginning on the date of the
enactment of the Transparency and Security in Mortgage Registration Act
of 2010.
    ``(ii) In the case of any mortgage owned or held by the
Association, or contained in a trust or pool backing or on which is
based a trust certificate or other security the payment of principal of
or interest on which is guaranteed by the Association, for which the
servicer, holder, or creditor has demonstrated to the Association, in
accordance with standards established by the Secretary, that compliance
with subparagraph (B) by the expiration of such 6-month period will
cause a severe threat to the continued financial viability of such
entity, the period under this subparagraph shall be the period that
begins on such date of enactment and has such duration as determined by
the Association, in accordance with standards established by the
Secretary, but in no case has a duration longer than 12 months.
    ``(D) Not later than the expiration of the 6-month period described
in subparagraph (C)(i), the Association submit a report detailing its
compliance with subparagraph (B) to the Congress, the Secretary, the
Financial Stability Oversight Council, and the Director of the Bureau
of Consumer Financial Protection of the Federal Reserve System, which
shall describe any extensions of the period for compliance with
subparagraph (B) granted pursuant to subparagraph (C).
    ``(E) For purposes of this paragraph, the following definitions
shall apply:
            ``(i) The term `MERS' means the Mortgage Electronic
        Registration Systems, Inc., or any successor entity of such
        corporation.
            ``(ii) The term `MERS mortgage' means any mortgage--
                    ``(I) for which the MERS is, or was at any time,
                the original or nominal mortgagee or mortgagee of
                record under the mortgage;
                    ``(II) that is, or was at any time, assigned to or
                recorded in the MERS; or
                    ``(III) for which the MERS is, or was at any time,
                acting as nominee in the county land records for the
                lender or servicer of the mortgage.''.
            (2) Regulations.--Not later than the expiration of the 90-
        day period beginning on the date of the enactment of this Act,
        the Secretary of Housing and Urban Development shall issue any
        regulations necessary to carry out the amendments made by
        paragraphs (1) and (2). In issuing such regulations, the
        Secretary shall consult and coordinate with the Director of the
        Federal Housing Finance Agency to ensure that the regulations
        issued by the Secretary and the regulations issued by the
        Director pursuant to subsection (a)(3) of this section are
        uniform and consistent to maximum extent possible

SEC. 3. HUD STUDY.

    (a) Study.--The Secretary of Housing and Urban Development, in
consultation with the Comptroller General of the United States, shall
conduct a study to analyze and determine--
            (1) the impacts of the lack of electronic records and
        uniform standards found in local land title recordation systems
        currently used in the various States;
            (2) any progress States have made in developing electronic
        land title recordation systems for their localities that
        contain uniform standards, and any findings and conclusions and
        best practices resulting from such development;
            (3) the current oversight role of the Federal Government in
        the transfer and recordation of land titles;
            (4) opportunities, and the feasibility of such
        opportunities, that may be present to leverage progress made by
        some States and localities to create an electronic land title
        recordation system, including through--
                    (A) a system that would maintain all previous
                records of the land-property without invalidating,
                interfering with, or preempting State real property law
                governing the transfer and perfection of land title;
                and
                    (B) further actions by the States or by the Federal
                Government, or coordinated actions of both; and
            (5) the feasibility of creating a Federal land title
        recordation system for property transfers that would maintain
        all previous records of the land-property without invalidating,
        interfering with, or preempting State real property law
        governing the transfer and perfection of land title.
    (b) Report.--Not later than the expiration of the 12-month period
beginning on the date of the enactment of this Act, the Secretary of
Housing and Urban Development, in consultation with the Comptroller
General of the United States, shall submit to the Congress a report on
the results and findings of the study conducted under this section.

Summary: Transparency and Security in Mortgage Registration Act of 2010 - Amends the National Housing Act to prohibit the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation from purchasing, acquiring, newly lending on the security of, newly investing in securities consisting of, or otherwise newly dealing in any Mortgage Electronic Registration System, Inc. (MERS) mortgage or mortgages. Prohibits the Government National Mortgage Association from newly guaranteeing the payment of principal of or interest on any trust certificate or other security based or backed by a trust or pool that contains, or purchase or acquire, any MERS mortgage. Directs Fannie Mae, Freddie Mac, and Ginnie Mae to require all their current MERS mortgages to be assigned to the proper servicer, holder, or creditor. Directs the Secretary of Housing and Urban Development (HUD) to study and report to Congress to analyze and determine: (1) the impacts of the lack of electronic records and uniform standards found in local land title recordation systems currently used in the various states. (2) any progress states have made in developing electronic land title recordation systems containing uniform standards. (3) the current oversight role of the federal government in the transfer and recordation of land titles. And (4) the feasibility of creating a federal land title recordation system for property transfers that would maintain all previous records of the land-property without invalidating, interfering with, or preempting state real property law governing the transfer and perfection of land title.

To prohibit Fannie Mae, Freddie Mac, and Ginnie Mae from owning or guaranteeing any mortgage that is assigned to the Mortgage Electronic Registration Systems or for which MERS is the mortgagee of record.


SECTION 1. EMPLOYER-PROVIDED EDUCATIONAL ASSISTANCE.

    (a) Permanent Extension.--Section 127 of the Internal Revenue Code
of 1986 (relating to exclusion for educational assistance programs) is
amended by striking subsection (d) and by redesignating subsection (e)
as subsection (d).
    (b) Restoration of Exclusion for Graduate Education.--The last
sentence of paragraph (1) of section 127(c) of such Code is amended by
striking ``, and such term also does not include any payment for, or
the provision of any benefits with respect to, any graduate level
course of a kind normally taken by an individual pursuing a program
leading to a law, business, medical, or other advanced academic or
professional degree''.
    (c) Effective Dates.--
            (1) Extension.--The amendments made by subsection (a) shall
        apply to taxable years beginning after December 31, 1996.
            (2) Graduate education.--The amendment made by subsection
        (b) shall apply with respect to expenses relating to courses
        beginning after December 31, 1996.

SEC. 2. DEDUCTION FOR INTEREST ON EDUCATION LOANS.

    (a) In General.--Part VII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to additional itemized
deductions for individuals) is amended by redesignating section 221 as
section 222 and by inserting after section 220 the following new
section:

``SEC. 221. INTEREST ON EDUCATION LOANS.

    ``(a) Allowance of Deduction.--In the case of an individual, there
shall be allowed as a deduction for the taxable year an amount equal to
the interest paid by the taxpayer during the taxable year on any
qualified education loan.
    ``(b) Limitation Based on Modified Adjusted Gross Income.--
            ``(1) In general.--The amount allowed as a deduction under
        subsection (a) shall be reduced (but not below zero) by the
        amount determined under paragraph (2).
            ``(2) Amount of reduction.--The amount determined under
        this paragraph equals the amount which bears the same ratio to
        the deduction (determined without regard to this subsection)
        as--
                    ``(A) the excess of--
                            ``(i) the taxpayer's modified adjusted
                        gross income for such taxable year, over
                            ``(ii) $50,000 ($80,000 in the case of a
                        joint return), bears to
                    ``(B) $20,000.
            ``(3) Modified adjusted gross income.--For purposes of
        paragraph (2), the term `modified adjusted gross income' means
        the adjusted gross income of the taxpayer for the taxable year
        determined--
                    ``(A) without regard to this section and sections
                911, 931, and 933, and
                    ``(B) after the application of sections 86, 135,
                137, 219, and 469.
        For purposes of sections 86, 135, 219, and 469, adjusted gross
        income shall be determined without regard to the deduction
        allowed under this section.
            ``(4) Inflation adjustment.--
                    ``(A) In general.--In the case of a taxable year
                beginning after 1997, the $50,000 and $80,000 amounts
                in paragraph (2)(A)(ii) shall each be increased by an
                amount equal to--
                            ``(i) such dollar amounts, multiplied by
                            ``(ii) the cost-of-living adjustment
                        determined under section 1(f)(3) for the
                        calendar year in which the taxable year begins,
                        determined by substituting `calendar year 1996'
                        for `calendar year 1992' in subparagraph (B)
                        thereof.
                    ``(B) Rounding.--If any amount as adjusted under
                subparagraph (A) is not a multiple of $5,000, such
amount shall be rounded to the next lowest multiple of $5,000.
    ``(c) Dependents Not Eligible for Deduction.--No deduction shall be
allowed by this section to an individual for the taxable year if a
deduction under section 151 with respect to such individual is allowed
to another taxpayer for the taxable year beginning in the calendar year
in which such individual's taxable year begins.
    ``(d) Definitions.--For purposes of this section--
            ``(1) Qualified education loan.--The term `qualified
        education loan' means any indebtedness incurred to pay
        qualified higher education expenses--
                    ``(A) which are incurred on behalf of the taxpayer
                or the taxpayer's spouse,
                    ``(B) which are paid or incurred within a
                reasonable period of time before or after the
                indebtedness is incurred, and
                    ``(C) which are attributable to education furnished
                during a period during which the recipient was at least
                a half-time student.
        Such term includes indebtedness used to refinance indebtedness
        which qualifies as a qualified education loan. The term
        `qualified education loan' shall not include any indebtedness
        owed to a person who is related (within the meaning of section
        267(b) or 707(b)(1)) to the taxpayer.
            ``(2) Qualified higher education expenses.--
                    ``(A) In general.--The term `qualified higher
                education expenses' means the excess of--
                            ``(i) tuition and fees required for the
                        enrollment or attendance of--
                                    ``(I) the taxpayer,
                                    ``(II) the taxpayer's spouse, or
                                    ``(III) any dependent of the
                                taxpayer with respect to whom the
                                taxpayer is allowed a deduction under
                                section 151,
                        as an eligible student at an institution of
                        higher education, over
                            ``(ii) the sum of--
                                    ``(I) the amount excluded from
                                gross income under section 135 by
                                reason of such tuition and fees, and
                                    ``(II) the amount of the reduction
                                described in section 135(d)(1).
                    ``(B) Exceptions.--Such term does not include--
                            ``(i) expenses with respect to any course
                        or other education involving sports, games, or
                        hobbies, unless such course or other education
                        is part of the student's degree program, and
                            ``(ii) student activity fees, athletic
                        fees, insurance expenses, or other expenses
                        unrelated to a student's academic course of
                        instruction.
                    ``(C) Eligible student.--The term `eligible
                student' means, with respect to any academic period, a
                student who--
                            ``(i) meets the requirements of section
                        484(a)(1) of the Higher Education Act of 1965
                        (20 U.S.C. 1091(a)(1)), as in effect on the
                        date of the enactment of this section, and
                            ``(ii) is carrying at least \1/2\ the
                        normal full-time work load for the course of
                        study the student is pursuing, as reasonably
                        determined by the institution of higher
                        education.
            ``(3) Institution of higher education.--The term
        `institution of higher education' means an institution--
                    ``(A) which is described in section 481 of the
                Higher Education Act of 1965 (20 U.S.C. 1088), as in
                effect on the date of the enactment of this section,
                and
                    ``(B) which is eligible to participate in programs
                under title IV of such Act.
        Such term includes an institution conducting an internship or
        residency program leading to a degree or certificate awarded by
        an institution of higher education, a hospital, or a health
        care facility which offers postgraduate training.
            ``(4) Full-time student.--The term `full-time student'
        means any student who is carrying at least the normal full-time
        work load for the course of study the student is pursuing, as
        reasonably determined by the institution of higher education.
            ``(5) Half-time student.--The term `half-time student'
        means any individual who would be a student as defined in
        section 151(c)(4) if `half-time' were substituted for `full-
        time' each place it appears in such section.
            ``(6) Dependent.--The term `dependent' has the meaning
        given such term by section 152.
    ``(e) Special Rules.--
            ``(1) Denial of double benefit.--No deduction shall be
        allowed under this section for any amount for which a deduction
        is allowable under any other provision of this chapter.
            ``(2) Married couples must file joint return.--If the
        taxpayer is married at the close of the taxable year, the
        deduction shall be allowed under subsection (a) only if the
        taxpayer and the taxpayer's spouse file a joint return for the
        taxable year.
            ``(3) Marital status.--Marital status shall be determined
        in accordance with section 7703.''
    (b) Deduction Allowed Whether or Not Taxpayer Itemizes Other
Deductions.--Subsection (a) of section 62 of such Code is amended by
inserting after paragraph (16) the following new paragraph:
            ``(17) Interest on education loans.--The deduction allowed
        by section 221.''
    (c) Reporting Requirement.--
            (1) In general.--Subpart B of part III of subchapter A of
        chapter 61 of such Code (relating to information concerning
        transactions with other persons) is amended by inserting after
        section 6050R the following new section:

``SEC. 6050S. RETURNS RELATING TO EDUCATION LOAN INTEREST RECEIVED IN
              TRADE OR BUSINESS FROM INDIVIDUALS.

    ``(a) Education Loan Interest of $600 or More.--Any person--
            ``(1) who is engaged in a trade or business, and
            ``(2) who, in the course of such trade or business,
        receives from any individual interest aggregating $600 or more
        for any calendar year on 1 or more qualified education loans,
shall make the return described in subsection (b) with respect to each
individual from whom such interest was received at such time as the
Secretary may by regulations prescribe.
    ``(b) Form and Manner of Returns.--A return is described in this
subsection if such return--
            ``(1) is in such form as the Secretary may prescribe,
            ``(2) contains--
                    ``(A) the name, address, and TIN of the individual
                from whom the interest described in subsection (a)(2)
                was received,
                    ``(B) the amount of such interest received for the
                calendar year, and
                    ``(C) such other information as the Secretary may
                prescribe.
    ``(c) Application to Governmental Units.--For purposes of
subsection (a)--
            ``(1) Treated as persons.--The term `person' includes any
        governmental unit (and any agency or instrumentality thereof).
            ``(2) Special rules.--In the case of a governmental unit or
        any agency or instrumentality thereof--
                    ``(A) subsection (a) shall be applied without
                regard to the trade or business requirement contained
                therein, and
                    ``(B) any return required under subsection (a)
                shall be made by the officer or employee appropriately
                designated for the purpose of making such return.
    ``(d) Statements To Be Furnished to Individuals With Respect to
Whom Information Is Required.--Every person required to make a return
under subsection (a) shall furnish to each individual whose name is
required to be set forth in such return a written statement showing--
            ``(1) the name and address of the person required to make
        such return, and
            ``(2) the aggregate amount of interest described in
        subsection (a)(2) received by the person required to make such
        return from the individual to whom the statement is required to
        be furnished.
The written statement required under the preceding sentence shall be
furnished on or before January 31 of the year following the calendar
year for which the return under subsection (a) was required to be made.
    ``(e) Qualified Education Loan Defined.--For purposes of this
section, except as provided in regulations prescribed by the Secretary,
the term `qualified education loan' has the meaning given such term by
section 221(d)(1).
    ``(f) Returns Which Would Be Required To Be Made by 2 or More
Persons.--Except to the extent provided in regulations prescribed by
the Secretary, in the case of interest received by any person on behalf
of another person, only the person first receiving such interest shall
be required to make the return under subsection (a).''
            (2) Assessable penalties.--Section 6724(d) of such Code
        (relating to definitions) is amended--
                    (A) by redesignating clauses (x) through (xv) as
                clauses (xi) through (xvi), respectively, in paragraph
                (1)(B) and by inserting after clause (ix) of such
                paragraph the following new clause:
                            ``(x) section 6050S (relating to returns
                        relating to education loan interest received in
                        trade or business from individuals),'', and
                    (B) by striking ``or'' at the end of the next to
                last subparagraph, by striking the period at the end of
                the last subparagraph and inserting ``, or'', and by
                adding at the end the following new subparagraph:
                    ``(Z) section 6050R (relating to returns relating
                to education loan interest received in trade or
                business from individuals).''
    (d) Clerical Amendments.--
            (1) The table of sections for part VII of subchapter B of
        chapter 1 of such Code is amended by striking the last item and
        inserting the following new items:

                              ``Sec. 221. Interest on education loans.
                              ``Sec. 222. Cross reference.''
            (2) The table of sections for subpart B of part III of
        subchapter A of chapter 61 of such Code is amended by inserting
        after the item relating to section 6050R the following new
        item:

                              ``Sec. 6050S. Returns relating to
                                        education loan interest
                                        received in trade or business
                                        from individuals.''
    (e) Effective Date.--The amendments made by this section shall
apply to any qualified education loan (as defined in section 221(d)(1)
of the Internal Revenue Code of 1986, as added by this section)
incurred on, before, or after the date of the enactment of this Act,
but only with respect to any loan interest payment due after December
31, 1996.

Summary: Amends the Internal Revenue Code to with respect to the income exclusion for employer-provided educational assistance programs to: (1) make such exclusion permanent. And (2) include graduate school assistance. Provides an income-based deduction for interest on qualified education loans incurred on behalf of a taxpayer or spouse . Sets forth reporting requirements for persons in the business of receiving interest from such loans.

To amend the Internal Revenue Code of 1986 to permanently extend the exclusion for employer-provided educational assistance programs, to restore such exclusion for graduate level courses, and to allow a deduction for interest on education loans.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Seniors' Health Care Plan Protection
Act of 2015''.

SEC. 2. DELAY IN AUTHORITY TO TERMINATE CONTRACTS FOR MEDICARE
              ADVANTAGE PLANS FAILING TO ACHIEVE MINIMUM QUALITY
              RATINGS.

    (a) Findings.--Consistent with the studies provided under the
IMPACT Act of 2014 (Public Law 113-185), it is the intent of Congress--
            (1) to continue to study and request input on the effects
        of socioeconomic status and dual-eligible populations on the
        Medicare Advantage STARS rating system before reforming such
        system with the input of stakeholders; and
            (2) pending the results of such studies and input, to
        provide for a temporary delay in authority of the Centers for
        Medicare & Medicaid Services (CMS) to terminate Medicare
        Advantage plan contracts solely on the basis of performance of
        plans under the STARS rating system.
    (b) Delay in MA Contract Termination Authority for Plans Failing To
Achieve Minimum Quality Ratings.--Section 1857(h) of the Social
Security Act (42 U.S.C. 1395w-27(h)) is amended by adding at the end
the following new paragraph:
            ``(3) Delay in contract termination authority for plans
        failing to achieve minimum quality rating.--The Secretary may
        not terminate a contract under this section with respect to the
        offering of an MA plan by a Medicare Advantage organization
        solely because the MA plan has failed to achieve a minimum
        quality rating under the 5-star rating system established under
        section 1853(o) during the period beginning on the date of the
        enactment of this paragraph and through the end of plan year
        2018.''.

SEC. 3. IMPROVEMENTS TO MA RISK ADJUSTMENT SYSTEM.

    Section 1853(a)(1)(C) of the Social Security Act (42 U.S.C. 1395w-
23(a)(1)(C)) is amended by adding at the end the following new clauses:
                            ``(iv) Evaluation and subsequent revision
                        of the risk adjustment system to account for
                        chronic conditions and other factors for the
                        purpose of making the risk adjustment system
                        more accurate, transparent, and regularly
                        updated.--
                                    ``(I) Revision based on number of
                                chronic conditions.--The Secretary
                                shall revise for 2017 and periodically
                                thereafter, the risk adjustment system
                                under this subparagraph so that a risk
                                score under such system, with respect
                                to an individual, takes into account
                                the number of chronic conditions with
                                which the individual has been
                                diagnosed.
                                    ``(II) Evaluation of different risk
                                adjustment models.--The Secretary shall
                                evaluate the impact of including 2
                                years of data to compare the models
                                used to determine risk scores for 2013
                                and 2014 under such system.
                                    ``(III) Evaluation and analysis on
                                chronic kidney disease (ckd) codes.--
                                The Secretary shall evaluate the impact
                                of removing the diagnosis codes related
                                to chronic kidney disease in the 2014
                                risk adjustment model and conduct an
                                analysis of best practices of MA plans
                                to slow disease progression related to
                                chronic kidney disease.
                                    ``(IV) Evaluation and
                                recommendations on use of encounter
                                data.--The Secretary shall evaluate the
                                impact of including 10 percent of
                                encounter data in computing payment for
                                2016 and the readiness of the Centers
                                for Medicare & Medicaid Services to
                                incorporate encounter data in risk
                                scores. In conducting such evaluation,
                                the Secretary shall use data collected
                                as encounter data on or after January
                                1, 2012, shall analyze such data for
                                accuracy and completeness and issue
                                recommendations for improving such
                                accuracy and completeness, and shall
                                not increase the percentage of such
                                encounter data used unless the
                                Secretary releases the data publicly,
                                indicates how such data will be
                                weighted in computing the risk scores,
                                and ensures that the data reflects the
                                degree and cost of care coordination
                                under MA plans.
                                    ``(V) Conduct of evaluations.--
                                Evaluations and analyses under
                                subclause (II) through (IV) shall
                                include an actuarial opinion from the
                                Chief Actuary of the Centers for
                                Medicare & Medicaid Services about the
                                reasonableness of the methods,
                                assumptions, and conclusions of such
                                evaluations and analyses. The Secretary
                                shall consult with the Medicare Payment
                                Advisory Commission and accept and
                                consider comments of stakeholders, such
                                as managed care organizations and
                                beneficiary groups, on such evaluation
                                and analyses. The Secretary shall
                                complete such evaluations and analyses
                                in a manner that permits the results to
                                be applied for plan years beginning
                                with the second plan year that begins
                                after the date of the enactment of this
                                clause.
                                    ``(VI) Implementation of revisions
                                based on evaluations.--If the Secretary
                                determines, based on such an evaluation
                                or analysis, that revisions to the risk
                                adjustment system to address the
                                matters described in any of subclauses
                                (II) through (IV) would make the risk
                                adjustment system under this
                                subparagraph better reflect and
                                appropriately weight for the population
                                that is served by the plan, the
                                Secretary shall, beginning with 2017,
                                and periodically thereafter, make such
                                revisions.
                                    ``(VII) Periodic reporting to
                                congress.--With respect to plan years
                                beginning with 2017 and every third
                                year thereafter, the Secretary shall
                                submit to Congress a report on the most
                                recent revisions (if any) made under
                                this clause, including the evaluations
                                conducted under subclauses (II) through
                                (IV).
                            ``(v) No changes to adjustment factors that
                        prevent activities consistent with national
                        health policy goals.--In making any changes to
                        the adjustment factors, including adjustment
                        for health status under paragraph (3), the
                        Secretary shall ensure that the changes do not
                        prevent Medicare Advantage organizations from
                        performing or undertaking activities that are
                        consistent with national health policy goals,
                        including activities to promote early detection
                        and better care coordination, the use of health
                        risk assessments, care plans, and programs to
                        slow the progression of chronic diseases.
                            ``(vi) Opportunity for review and public
                        comment regarding changes to adjustment
                        factors.--For changes to adjustment factors
                        effective for 2017 and subsequent years, in
                        addition to providing notice of such changes in
                        the announcement under subsection (b)(2), the
                        Secretary shall provide an opportunity for
                        review of proposed changes of not less than 60
                        days and a public comment period of not less
                        than 30 days before implementing such
                        changes.''.

SEC. 4. SENSE OF CONGRESS RELATING TO MEDICARE ADVANTAGE STAR RATING
              SYSTEM.

    It is the sense of Congress that--
            (1) the Centers for Medicare & Medicaid Services has
        inadvertently created a star rating system under section
        1853(o)(4) of the Social Security Act (42 U.S.C. 1395w-
        23(o)(4)) for Medicare Advantage plans that lacks proper
        accounting for the socioeconomic status of enrollees in such
        plans and the extent to which such plans serve individuals who
        are also eligible for medical assistance under title XIX of
        such Act; and
            (2) Congress will work with the Centers for Medicare &
        Medicaid Services and stakeholders, including beneficiary
        groups and managed care organizations, to ensure that such
        rating system properly accounts for the socioeconomic status of
        enrollees in such plans and the extent to which such plans
        serve such individuals described in paragraph (1).

SEC. 5. SENSE OF CONGRESS RELATING TO MEDICARE ADVANTAGE RISK
              ADJUSTMENT.

    It is the sense of Congress that--
            (1) the Secretary of Health and Human Services should
        periodically monitor and improve the Medicare Advantage risk
        adjustment model to ensure that it accurately accounts for
        beneficiary risk, including for those individuals with complex
        chronic comorbid conditions;
            (2) the Secretary should closely examine the current
        Medicare Advantage risk adjustment methodology to ensure that
        plans enrolling beneficiaries with the greatest health care
        needs receive adequate reimbursement to deliver high-quality
        care and other services to help beneficiaries avoid costly
        complications and further progression of chronic conditions and
        to the extent data indicate this to be the case, the Secretary
        should make necessary adjustment to the risk adjustment
        methodology; and
            (3) the Secretary should reconsider the implementation of
        changes in the Medicare Advantage risk adjustment methodology
        finalized for 2016 and to use to the extent appropriate the
        methodology finalized in 2015 for one additional year.

            Passed the House of Representatives June 17, 2015.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Summary: Senior's Health Care Plan Protection Act of 2015 It is the intent of Congress to: (1) continue to study and request input on the effects of socioeconomic status and dual-eligible populations on the five-star quality rating system for Medicare Advantage (MA) plans before reforming it, and, pending study and input results, (2) delay Centers for Medicare amp. Medicaid (CMS) authority to terminate MA plan contracts solely on the basis of performance under the five-star rating system. The Department of Health and Human Services (HHS) may not, through the end of plan year 2018, terminate a contract with respect to the offering of an MA plan by an MA organization solely because the plan has failed to achieve a minimum quality rating under the five-star rating system. This bill amends part C (MedicareChoice) of title XVIII (Medicare) of the Social Security Act (SSAct) to direct HHS to revise for 2017, and periodically afterwards, the system for risk adjustments to payments to MedicareChoice organizations so that an individual's risk score takes into account the number of chronic conditions with which the individual has been diagnosed. HHS must, including an actuarial opinion of the CMS Chief Actuary, evaluate the impacts of: including two years of data to compare the models used to determine the risk scores for 2013 and 2014, removing the diagnosis codes related to chronic kidney disease in the 2014 risk adjustment model, and including 10 of encounter data in computing payment for 2016 and CMS readiness to incorporate encounter data in risk scores. HHS shall also analyze the best practices of MA plans to slow disease progression related to chronic kidney disease. HHS shall then, if appropriate, make revisions to the risk adjustment system, based on such an evaluation or analysis, to better reflect and appropriately weight for the population served. Congress declares that: the five-star quality rating system for MA plans lacks proper accounting for the socioeconomic status of plan enrollees and the extent to which those plans serve individuals also eligible for medical assistance under SSAct title XIX (Medicaid). And Congress will work with CMS and stakeholders, including beneficiary groups and managed care organizations, to ensure that the five-star quality rating system for MA plans properly accounts for the socioeconomic status of plan enrollees and the extent to which plans serve them. It is also the sense of Congress that HHS should: periodically monitor and improve the risk adjustment model for payments to MA organizations to ensure that it accurately accounts for beneficiary risk. Closely examine and adjust as necessary the current MA risk adjustment methodology to ensure that plans enrolling beneficiaries with the greatest health care needs receive adequate reimbursement to deliver high-quality care and other services to help beneficiaries avoid costly complications and further progression of chronic conditions. And reconsider the implementation of changes in the MA risk adjustment methodology finalized for 2016 and, to the extent appropriate, use the risk methodology finalized in 2015 for one additional year.