SECTION 1. SHORT TITLE.

    This Act may be cited as the ``APHIS Function Transfer Act''.

SEC. 2. TRANSFER OF CERTAIN AGRICULTURAL INSPECTION FUNCTIONS OF THE
              DEPARTMENT OF AGRICULTURE.

    (a) Definitions.--In this section:
            (1) Covered law.--The term ``covered law'' means--
                    (A) the first section of the Act of August 31, 1922
                (7 U.S.C. 281);
                    (B) title III of the Federal Seed Act (7 U.S.C.
                1581 et seq.);
                    (C) the Plant Protection Act (7 U.S.C. 7701 et
                seq.);
                    (D) the Animal Health Protection Act (7 U.S.C. 8301
                et seq.);
                    (E) section 11 of the Endangered Species Act of
                1973 (16 U.S.C. 1540).
                    (F) the Lacey Act Amendments of 1981 (16 U.S.C.
                3371 et seq.); and
                    (G) the eighth paragraph under the heading ``BUREAU
                OF ANIMAL INDUSTRY'' in the Act of March 4, 1913 (21
                U.S.C. 151 et seq.) (commonly known as the ``Virus-
                Serum-Toxin Act'');
            (2) Function.--The term ``function'' does not include any
        quarantine activity carried out under a covered law.
    (b) Transfer.--There is transferred to the Secretary of Homeland
Security the functions of the Secretary of Agriculture relating to
agricultural import and entry inspection activities under each covered
law.
    (c) Effect of Transfer.--
            (1) Compliance with department of agriculture
        regulations.--The authority transferred under subsection (b)
        shall be exercised by the Secretary of Homeland Security in
        accordance with the regulations, policies, and procedures
        issued by the Secretary of Agriculture regarding the
        administration of each applicable covered law.
            (2) Rulemaking coordination.--The Secretary of Agriculture
        shall coordinate with the Secretary of Homeland Security in any
        case in which the Secretary of Agriculture prescribes
        regulations, policies, or procedures for administering a
        covered law at--
                    (A) a port of entry to the United States; or
                    (B) any other similar location, as determined by
                the Secretary of Agriculture.
            (3) Effective administration.--The Secretary of Homeland
        Security, in consultation with the Secretary of Agriculture,
        may issue such directives and guidelines as are necessary to
        ensure the effective use of personnel of the Department of
        Homeland Security to carry out the functions transferred under
        subsection (b).
    (d) Transfer Agreement.--
            (1) In general.--As soon as practicable after the date of
        enactment of this Act, the Secretary of Agriculture and the
        Secretary of Homeland Security shall enter into an agreement to
        effectuate the transfer of functions required by subsection
        (b).
            (2) Required terms.--The agreement required by this
        subsection shall specifically address--
                    (A) the supervision by the Secretary of Agriculture
                of the training of employees of the Secretary of
                Homeland Security to carry out the functions
                transferred under subsection (b); and
                    (B) the transfer of funds to the Secretary of
                Homeland Security under subsection (e).
            (3) Revision.--After the date of execution of the agreement
        described in paragraph (1), the Secretary of Agriculture and
        the Secretary of Homeland Security may jointly revise the
        agreement, as necessary.
            (4) Cooperation and reciprocity.--The Secretary of
        Agriculture and the Secretary of Homeland Security may include
        as part of the agreement--
                    (A) authority under which the Secretary of Homeland
                Security may perform functions that--
                            (i) are delegated to the Animal and Plant
                        Health Inspection Service of the Department of
                        Agriculture regarding the protection of
                        domestic livestock and plants; but
                            (ii) are not transferred to the Secretary
                        of Homeland Security under subsection (b); and
                    (B) authority under which the Secretary of
                Agriculture may use employees of the Department of
                Homeland Security to carry out authorities delegated to
                the Animal and Plant Health Inspection Service
                regarding the protection of domestic livestock and
                plants.
    (e) Periodic Transfer of Funds to Department of Homeland
Security.--
            (1) Transfer of funds.--Subject to paragraph (2), out of
        any funds collected as fees under sections 2508 and 2509 of the
        Food, Agriculture, Conservation, and Trade Act of 1990 (21
        U.S.C. 136, 136a), the Secretary of Agriculture shall
periodically transfer to the Secretary of Homeland Security, in
accordance with the agreement under subsection (d), funds for
activities carried out by the Secretary of Homeland Security for which
the fees were collected.
            (2) Limitation.--The proportion of fees collected under
        sections 2508 and 2509 of the Food, Agriculture, Conservation,
        and Trade Act of 1990 (21 U.S.C. 136, 136a) that are
        transferred to the Secretary of Homeland Security under
        paragraph (1) may not exceed the proportion that--
                    (A) the costs incurred by the Secretary of Homeland
                Security to carry out activities funded by those fees;
                bears to
                    (B) the costs incurred by the Federal Government to
                carry out activities funded by those fees.
    (f) Transfer of Department of Agriculture Employees.--In carrying
out this section, the Secretary of Agriculture shall transfer to the
Secretary of Homeland Security not more than 3,200 full-time equivalent
positions of the Department of Agriculture.
    (g) Protection of Inspection Animals.--
            (1) Definition of secretary concerned.--Title V of the
        Agricultural Risk Protection Act of 2000 is amended--
                    (A) by redesignating sections 501 and 502 (7 U.S.C.
                2279e, 2279f) as sections 502 and 503, respectively;
                and
                    (B) by inserting before section 502 (as
                redesignated by paragraph (1)) the following:

``SEC. 501. DEFINITION OF SECRETARY CONCERNED.

    ``In this title, the term `Secretary concerned' means--
            ``(1) the Secretary of Agriculture, with respect to an
        animal used for purposes of official inspections by the
        Department of Agriculture; and
            ``(2) the Secretary of Homeland Security, with respect to
        an animal used for purposes of official inspections by the
        Department of Homeland Security.''.
            (2) Conforming amendments.--
                    (A) Section 502 of the Agricultural Risk Protection
                Act of 2000 (as redesignated by paragraph (1)(A)) is
                amended--
                            (i) in subsection (a)--
                                    (I) by inserting ``or the
                                Department of Homeland Security'' after
                                ``Department of Agriculture''; and
                                    (II) by inserting ``or the
                                Secretary of Homeland Security'' after
                                ``Secretary of Agriculture''; and
                            (ii) by striking ``Secretary'' each place
                        it appears (other than in subsections (a) and
                        (e)) and inserting ``Secretary concerned''.
                    (B) Section 503 of the Agricultural Risk Protection
                Act of 2000 (as redesignated by paragraph (1)(A)) is
                amended by striking ``501'' each place it appears and
                inserting ``502''.

SEC. 3. TRANSFER OF PLUM ISLAND ANIMAL DISEASE CENTER, DEPARTMENT OF
              AGRICULTURE.

    (a) In General.--The Secretary of Agriculture shall transfer to the
Secretary of Homeland Security the Plum Island Animal Disease Center of
the Department of Agriculture, including the assets and liabilities of
the Center.
    (b) Continued Department of Agriculture Access.--On completion of
the transfer of the Plum Island Animal Disease Center under subsection
(a), the Secretary of Homeland Security and the Secretary of
Agriculture shall enter into an agreement to ensure that the Secretary
of Agriculture retains access to the Center for research, diagnostic,
and other activities of the Department of Agriculture.

Summary: APHIS Function Transfer Act - Transfers from the Secretary of Agriculture to the Secretary of Homeland Security: (1) specified agricultural import and entry inspection functions, personnel, and fees, and (2) Plum Island Animal Disease Center .

A bill to transfer to the Secretary of Homeland Security the functions of the Secretary of Agriculture relative to agricultural import and entry inspection activities.


SECTION 1. RELIABILITY AND DISTRIBUTED RESOURCES.

    Section 111(d) of the Public Utility Regulatory Policies Act of
1978 (16 U.S.C. 2621(d)) is amended by adding at the end the following:
            ``(20) Consideration of safe and reliable interconnection
        of distributed resources.--
                    ``(A) Definitions.--In this paragraph:
                            ``(i) Ancillary service.--The term
                        `ancillary service' includes--
                                    ``(I) reactive supply;
                                    ``(II) regulation and frequency
                                response;
                                    ``(III) energy imbalance;
                                    ``(IV) operating reserves;
                                    ``(V) generation imbalance; and
                                    ``(VI) flexibility and ramping
                                services.
                            ``(ii) Distributed resource.--The term
                        `distributed resource' means an electric power
                        source connected directly to the distribution
                        network or on the customer side of the meter.
                    ``(B) Requirement for proceedings related to
                distributed resources.--Each State regulatory authority
                shall--
                            ``(i) establish proceedings to examine the
                        degree to which distributed resources
                        contribute ancillary services; and
                            ``(ii) prescribe appropriate measures to
                        ensure adequate ancillary services so that grid
                        interconnection for distributed resources is
                        safe, reliable, and efficient.''.

SEC. 2. NET METERING EFFECTS.

    Section 111(d) of the Public Utility Regulatory Policies Act of
1978 (16 U.S.C. 2621(d)) (as amended by section 1) is amended by adding
at the end the following:
            ``(21) Net metering effects.--Each State regulatory
        authority shall--
                    ``(A) establish proceedings to examine the effects
                of net metering and customer-owned distributed
                generation on resource planning of each electric
                utility, including--
                            ``(i) the effects on resource utilization,
                        fuel diversity, grid security, and shifting of
                        grid costs to customers who do not use net
                        metering or customer-owned distributed
                        generation; and
                            ``(ii) the impact on--
                                    ``(I) the financial health of the
                                entity providing distribution services;
                                and
                                    ``(II) the ability of the entity to
                                attract investment in light of net
                                metering and customer-owned distributed
                                generation within the State; and
                    ``(B) establish proceedings to determine whether
                electricity rates established for net metering service
                are just and reasonable and not unduly preferential or
                discriminatory, in accordance with State law.''.

SEC. 3. COMPLIANCE.

    (a) Time Limitations.--Section 112(b) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is amended by
adding at the end the following:
            ``(7)(A) Not later than 1 year after the date of enactment
        of this paragraph, each State regulatory authority (with
        respect to each electric utility for which the authority has
        ratemaking authority) and each nonregulated electric utility
        shall, with respect to the standard established by paragraphs
        (20) and (21) of section 111(d)--
                    ``(i) commence the consideration required under
                those paragraphs; or
                    ``(ii) set a hearing date for such consideration,
                with respect to the standard established by paragraphs
                (20) and (21) of section 111(d).
            ``(B) Not later than 2 years after the date of enactment of
        this paragraph, each State regulatory authority (with respect
        to each electric utility for which the authority has ratemaking
        authority) and each nonregulated electric utility shall, with
        respect to the standards established by paragraphs (20) and
        (21) of section 111(d)--
                    ``(i) complete the consideration required under
                those paragraphs; and
                    ``(ii) make the determination referred to in
                section 111 with respect to the standards established
                by those paragraphs.''.
    (b) Failure To Comply.--Section 112(c) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is amended by
adding at the end the following: ``In the case of the standard
established by paragraphs (20) and (21) of section 111(d), the
reference contained in this subsection to the date of enactment of this
Act shall be deemed to be a reference to the date of enactment of those
paragraphs.''.

Summary: This bill amends the Public Utility Regulatory Policies Act of 1978 to define quot, distributed resourcequot. As an electric power source connected directly to the distribution network or on the customer side of the meter. State regulatory authorities shall by certain deadlines: establish proceedings to examine the degree to which distributed resources contribute specified ancillary services, such as reactive supply, energy imbalance, and flexibility and ramping services, among others. Prescribe measures to ensure adequate ancillary services so that grid interconnection for distributed resources is safe, reliable, and efficient. Examine the effects of net metering and customer-owned distributed generation on resource planning of each electric utility, and determine whether electricity rates established for net metering service are just and reasonable and not unduly preferential or discriminatory.

A bill to amend the Public Utility Regulatory Policies Act of 1978 to provide for the safe and reliable interconnection of distributed resources and to provide for the examination of the effects of net metering.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Childcare Accountability and
Responsibility Act of 2009'' or the ``CARE for Kids Act of 2009''.

SEC. 2. REQUIREMENT OF A CRIMINAL BACKGROUND CHECK.

    The Child Care and Development Block Grant Act of 1990 (42 U.S.C.
9858 et seq.) is amended by inserting after section 658G the following
new section:

``SEC. 658H. REQUIREMENT OF A CRIMINAL BACKGROUND CHECK FOR A CHILD
              CARE STAFF MEMBER OF ANY CHILD CARE PROVIDER IN A STATE
              THAT RECEIVES FUNDS FROM THE CHILD CARE AND DEVELOPMENT
              BLOCK GRANT PROGRAM.

    ``(a) Criminal Background Check.--
            ``(1) Requirement of a criminal background check.--A State
        and national criminal background check for a child care staff
        member of a child care provider is required in any State that
        receives funds under this subchapter. The criminal background
        check shall include--
                    ``(A) a search of the National Sex Offender
                Registry established pursuant to the Adam Walsh Child
                Protection and Safety Act of 2006 (42 U.S.C. 16901 et
                seq.);
                    ``(B) a search of the National Crime Information
                Center;
                    ``(C) a search of the State criminal registry or
                repository in the State in which the child care staff
                member resides and each State where such staff member
                previously resided;
                    ``(D) a search of State-based abuse and neglect
                registries and databases, including the abuse and
                neglect registries and databases of each State where
                the child care staff member previously resided; and
                    ``(E) a Federal Bureau of Investigation fingerprint
                check using the Integrated Automated Fingerprint
                Identification System.
            ``(2) Submittal of requests.--Subject to paragraph (3), a
        child care provider shall submit a request for a State and
        national criminal background check to the appropriate State
        agency designated by the State--
                    ``(A) for each child care staff member prior to its
                submission of an application for a State child care
                license, except that this subparagraph shall not apply
                to any additional applications submitted within a 5-
                year period after such request for a criminal
                background check under paragraph (2) and such
                submission of an application under this subparagraph is
                made by the child care provider;
                    ``(B) for each child care staff member;
                    ``(C) for each prospective child care staff member
                prior to their beginning date of employment; and
                    ``(D) in each 5-year period after the date of the
                child care provider's first request for a criminal
                background check for the child care staff member.
            ``(3) Limitation on requests.--Not more than 1 request for
        a State and national criminal background check under paragraph
        (2) is required for any child care staff member for each 5-year
        period after such request for the criminal background check for
        such staff member.
            ``(4) Results.--Not later than 10 business days after the
        date of which a request by a child care provider is made for a
        State and national criminal background check and is received by
        the appropriate State agency, such agency shall provide the
        results of the criminal background check to such provider.
            ``(5) Ineligibility.--A child care provider shall be
        ineligible for receipt of a child care certificate as payment
        for child care services, and a child care staff member shall be
        ineligible for employment by any child care provider in a
        State, if any such criminal background check of the child care
        staff member of the provider reveals a felony conviction for--
                    ``(A) child abuse or neglect;
                    ``(B) spousal abuse;
                    ``(C) a crime against children (including child
                pornography);
                    ``(D) a violent crime, including--
                            ``(i) physical assault or battery;
                            ``(ii) rape;
                            ``(iii) sexual assault; or
                            ``(iv) homicide; or
                    ``(E) a drug-related offense committed within 5
                years prior to submission to a criminal background
                check.
            ``(6) Appeals.--Not later than 30 days after receipt of the
        results of a criminal background check, a child care provider
        may appeal such results to the appropriate State agency
        designated by the State.
            ``(7) Fees.--To defray the costs of carrying out the duties
        described in this subsection, a State may collect 1 fee per
        criminal background check from a child care provider in an
        amount not to exceed the actual costs to the State for the
        administration of all required criminal background checks, and
        such fee for all required criminal background checks may not
        exceed a total of $36.
    ``(b) State Compliance.--
            ``(1) Noncompliance.--
                    ``(A) Penalty.--A State that fails to satisfy the
                requirements of this section shall not receive 2
                percent of the grant funds that it would otherwise be
                allocated for that fiscal year.
                    ``(B) Unallocated grant funds.--Grant funds not
                allocated under subparagraph (A) shall be distributed
                in the first fiscal year that the State meets the
                requirements.
            ``(2) Time limitation.--A State shall have 3 years to
        implement the requirements of this section.
            ``(3) Extension of time.--The Secretary may grant an
        extension, no longer than 2 years, to a State that makes a good
        faith effort to satisfy the requirements of this section.
    ``(c) Definition.--The term `child care staff member' means an
individual that provides child care services for compensation and on a
regular basis (other than an individual who is related to the child or
children for whom services are provided), regardless of whether the
services are provided for a child care provider or a family child care
provider.
    ``(d) Authorization of Appropriations To Conduct Criminal
Background Checks.--There are authorized to be appropriated such sums
as necessary to offset the administrative costs to conduct State and
national criminal background checks under this section.''.

Summary: Childcare Accountability and Responsibility Act of 2009 or the CARE for Kids Act of 2009 - Amends the Child Care and Development Block Grant Act of 1990 to require a national criminal background check for employees of child care providers in any state that receives funds from the Child Care and Development Block Grant Program. Requires that such background check include: (1) a search of the national Sex Offender Registry, the National Crime Information Center, state criminal registries, and state-based abuse and neglect registries and databases, and (2) a Federal Bureau of Investigation (FBI) fingerprint check.

To require a criminal background check for a child care staff member of any child care provider in a State that receives funds from the Child Care and Development Block Grant Program, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Freedom from Unfair Energy Levy
Act''.

SEC. 2. SIX-MONTH SUSPENSION OF FUEL TAXES.

    (a) Six-Month Suspension of Fuel Taxes.--Section 4081 of the
Internal Revenue Code of 1986 (relating to imposition of tax on
gasoline, diesel fuel, and kerosene) is amended by adding at the end
the following new subsection:
    ``(f) Temporary Suspension of Fuel Taxes.--
            ``(1) In general.--During the suspension period, each rate
        of tax referred to in paragraph (2) shall be reduced to zero.
            ``(2) Rates of tax.--The rates of tax referred to in this
        paragraph are the rates of tax otherwise applicable under--
                    ``(A) subsection (a)(2)(A) (relating to gasoline,
                diesel fuel, and kerosene),
                    ``(B) sections 4091(b)(3)(A) (relating to aviation
                fuel),
                    ``(C) section 4042(b)(2)(C) (relating to fuel used
                on inland waterways),
                    ``(D) paragraph (1), (2), or (3) of section 4041(a)
                (relating to diesel fuel, special fuels, and compressed
                natural gas), and
                    ``(E) section 4041(m)(1)(A)(i) (relating to certain
                methanol or ethanol fuels).
            ``(3) Suspension period.--For purposes of this subsection,
        the term `suspension period' means the 180-day period beginning
        on the 30th day after the date of the enactment of this
        subsection.''
    (b) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act.

SEC. 3. REPEAL OF 1993 INCREASES IN MOTOR FUEL TAXES.

    (a) Highway Gasoline.--Clause (i) of section 4081(a)(2)(A) of the
Internal Revenue Code of 1986 is amended by striking ``18.3 cents'' and
inserting ``14 cents''.
    (b) Aviation Gasoline.--Clause (ii) of section 4081(a)(2)(A) of
such Code is amended by striking ``19.3 cents'' and inserting ``15
cents''.
    (c) Diesel Fuel and Kerosene.--Clause (iii) of section
4081(a)(2)(A) of such Code is amended by striking ``24.3 cents'' and
inserting ``20 cents''.
    (d) Aviation Fuel.--Paragraph (1) of section 4091(b) of such Code
is amended by striking ``21.8 cents'' and inserting ``17.5 cents''.
    (e) Fuel Used on Inland Waterways.--
            (1) Paragraph (1) of section 4042(b) of such Code is
        amended by adding ``and'' at the end of subparagraph (A), by
        striking ``, and'' at the end of subparagraph (B) and inserting
        a period, and by striking subparagraph (C).
            (2) Paragraph (2) of section 4042(b) of such Code is
        amended by striking subparagraph (C).
    (f) Technical Amendments.--
            (1) Subparagraph (B) of section 40(e)(1) of such Code is
        amended by striking ``during which the rates of tax under
        section 4081(a)(2)(A) are 4.3 cents per gallon'' and inserting
        ``during which the rate of tax under section 4081(a)(2)(A)(i)
        does not apply''.
            (2) Subparagraph (A) of section 4041(a)(1) of such Code is
        amended by striking ``or a diesel-powered train'' each place it
        appears and by striking ``or train''.
            (3) Subparagraph (C) of section 4041(a)(1) of such Code is
        amended by striking clause (ii) and by redesignating clause
        (iii) as clause (ii).
            (4) Subclause (I) of section 4041(a)(1)(C)(ii) of such
        Code, as redesignated by paragraph (3), is amended by striking
        ``7.3 cents'' and inserting ``3 cents'' and by striking ``4.3
        cents per gallon'' and inserting ``zero''.
            (5) Subsection (a) of section 4041 of such Code is amended
        by striking paragraph (3).
            (6) Subparagraph (C) of section 4041(b)(1) of such Code is
        amended by striking all that follows ``section 6421(e)(2)'' and
        inserting a period.
            (7) Subparagraph (B) of section 4041(a)(2) of such Code is
        amended by striking all that follows clause (i) and inserting
        the following new clauses:
                            ``(ii) 10.4 cents per gallon in the case of
                        liquefied petroleum gas, and
                            ``(iii) 9.1 cents per gallon in the case of
                        liquefied natural gas.''
            (8) Paragraph (3) of section 4041(c) of such Code is
        amended to read as follows:
            ``(3) Termination.--The rate of the taxes imposed by
        paragraph (1) shall be zero after September 30, 2007.''
            (9) Subsection (d) of section 4041 of such Code is amended
        by redesignating paragraph (3) as paragraph (4) and by
        inserting after paragraph (2) the following new paragraph:
            ``(3) Diesel fuel used in trains.--There is hereby imposed
        a tax of 0.1 cent per gallon on any liquid other than gasoline
        (as defined in section 4083)--
                    ``(A) sold by any person to an owner, lessee, or
                other operator of a diesel-powered train for use as a
                fuel in such train, or
                    ``(B) used by any person as a fuel in a diesel-
                powered train unless there was a taxable sale of such
                fuel under subparagraph (A).
        No tax shall be imposed by this paragraph on the sale or use of
        any liquid if tax was imposed on such liquid under section
        4081.''
            (10) Clauses (i) and (ii) of section 4041(m)(1)(A) of such
        Code are amended to read as follows:
                            ``(i) 7 cents per gallon on and after the
                        date of the enactment of this clause and before
                        October 1, 2005, and
                            ``(ii) zero after September 30, 2005,
                        and''.
            (11) Subsection (c) of section 4081 of such Code is amended
        by striking paragraph (6) and by redesignating paragraphs (7)
        and (8) as paragraphs (6) and (7), respectively.
            (12) Paragraphs (1) and (2) of section 4081(d) of such Code
        are amended to read as follows:
            ``(1) In general.--The rates of tax specified in clauses
        (i) and (iii) of subsection (a)(2)(A) shall be zero after
        September 30, 2005.
            ``(2) Aviation gasoline.--The rate of tax specified in
        subsection (a)(2)(A)(ii) shall be zero after September 30,
        2007.''
            (13) Subsection (f) of section 4082 of such Code is amended
        by striking ``section 4041(a)(1)'' and inserting ``subsections
        (d)(3) and (a)(1) of section 4041, respectively''.
            (14) Paragraph (3) of section 4083(a) of such Code is
        amended by striking ``or a diesel-powered train''.
            (15) Subparagraph (A) of section 4091(b)(3) of such Code is
        amended to read as follows:
                    ``(A) The rate of tax specified in paragraph (1)
                shall be zero after September 30, 2007.''
            (16) Paragraph (1) of section 4091(c) of such Code is
        amended--
                    (A) by striking ``14 cents'' and inserting ``9.7
                cents'',
                    (B) by striking ``13.3 cents'' and inserting ``9
                cents'',
                    (C) by striking ``13.2 cents'' and inserting ``8.9
                cents'',
                    (D) by striking ``13.1 cents'' and inserting ``8.8
                cents'', and
                    (E) by striking ``13.4 cents'' and inserting ``9.1
                cents''.
            (17) Subsection (c) of section 4091 of such Code is amended
        by striking paragraph (4), and by redesignating paragraph (5)
        as paragraph (4).
            (18) Subsection (b) of section 4092 of such Code is amended
        by striking ``attributable to'' and all that follows and
        inserting ``attributable to the Leaking Underground Storage
        Tank Trust Fund financing rate imposed by such section. For
        purposes of the preceding sentence, the term `commercial
        aviation' means any use of an aircraft other than in
        noncommercial aviation (as defined in section 4041(c)(2)).''
            (19) Subparagraph (B) of section 6421(f)(2) of such Code is
        amended by striking ``and,'' and all that follows and inserting
        a period.
            (20) Paragraph (3) of section 6421(f) of such Code is
        amended to read as follows:
            ``(3) Gasoline used in trains.--In the case of gasoline
        used as a fuel in a train, this section shall not apply with
        respect to the Leaking Underground Storage Tank Trust Fund
        financing rate under section 4081.''
            (21) Subparagraph (A) of section 6427(b)(2) of such Code is
        amended by striking ``7.4 cents'' and inserting ``3.1 cents''.
            (22) Paragraph (3) of section 6427(l) of such Code is
        amended to read as follows:
            ``(3) Refund of certain taxes on fuel used in diesel-
        powered trains.--For purposes of this subsection, the term
        `nontaxable use' includes fuel used in a diesel-powered train.
        The preceding sentence shall not apply to the tax imposed by
        section 4041(d) and the Leaking Underground Storage Tank Trust
        Fund financing rate under section 4081 except with respect to
        fuel sold for exclusive use by a State or any political
        subdivision thereof.''
            (23) Paragraph (4) of section 6427(l) of such Code is
        amended by striking ``attributable to'' and all that follows
        through the period and inserting ``attributable to the Leaking
        Underground Storage Tank Trust Fund financing rate imposed by
        such section.''
    (g) Effective Date.--The amendments made by this section shall take
effect on the day after the suspension period ends under section
4081(f) of the Internal Revenue Code of 1986 (as added by section 2).

SEC. 4. FLOOR STOCK REFUNDS.

    (a) In General.--If--
            (1) before the tax suspension date, tax has been imposed
        under section 4081 or 4091 of the Internal Revenue Code of 1986
        on any liquid, and
            (2) on such date such liquid is held by a dealer and has
        not been used and is intended for sale,
there shall be credited or refunded (without interest) to the person
who paid such tax (hereafter in this section referred to as the
``taxpayer'') an amount equal to the excess of the tax paid by the
taxpayer over the amount of such tax which would be imposed on such
liquid had the taxable event occurred on such date.
    (b) Time for Filing Claims.--No credit or refund shall be allowed
or made under this section unless--
            (1) claim therefor is filed with the Secretary of the
        Treasury before the date which is 6 months after the tax
        suspension date, and
            (2) in any case where liquid is held by a dealer (other
        than the taxpayer) on the tax suspension date--
                    (A) the dealer submits a request for refund or
                credit to the taxpayer before the date which is 3
                months after the tax suspension date, and
                    (B) the taxpayer has repaid or agreed to repay the
                amount so claimed to such dealer or has obtained the
                written consent of such dealer to the allowance of the
                credit or the making of the refund.
    (c) Exception for Fuel Held in Retail Stocks.--No credit or refund
shall be allowed under this section with respect to any liquid in
retail stocks held at the place where intended to be sold at retail.
    (d) Definitions.--For purposes of this section--
            (1) the terms ``dealer'' and ``held by a dealer'' have the
        respective meanings given to such terms by section 6412 of such
        Code; except that the term ``dealer'' includes a producer, and
            (2) the term ``tax suspension date'' means the date on
        which the suspension period begins under section 4081(f) of the
        Internal Revenue Code of 1986 (as added by section 2).
    (e) Certain Rules To Apply.--Rules similar to the rules of
subsections (b) and (c) of section 6412 of such Code shall apply for
purposes of this section.

SEC. 5. FLOOR STOCKS TAX.

    (a) Imposition of Tax.--In the case of any taxable liquid which is
held on the floor stocks tax date by any person, there is hereby
imposed a floor stocks tax equal to the excess of the tax which would
be imposed under section 4041, 4081, or 4091 of the Internal Revenue
Code of 1986 on such liquid had the taxable event occurred on the floor
stocks tax date over the tax paid under such sections on such liquid.
    (b) Liability for Tax and Method of Payment.--
            (1) Liability for tax.--A person holding a liquid on the
        floor stocks tax date to which the tax imposed by subsection
        (a) applies shall be liable for such tax.
            (2) Method of payment.--The tax imposed by subsection (a)
        shall be paid in such manner as the Secretary shall prescribe.
            (3) Time for payment.--The tax imposed by subsection (a)
        shall be paid on or before the date which is 6 months after the
        floor stocks tax date.
    (c) Definitions.--For purposes of this section--
            (1) Held by a person.--A liquid shall be considered as
        ``held by a person'' if title thereto has passed to such person
        (whether or not delivery to the person has been made).
            (2) Taxable liquid.--The term ``taxable liquid'' means any
        liquid on which tax is imposed under section 4041, 4081, or
        4091 of the Internal Revenue Code of 1986 on the floor stocks
        tax date.
            (3) Gasoline and diesel fuel.--The terms ``gasoline'' and
        ``diesel fuel'' have the respective meanings given such terms
        by section 4083 of such Code.
            (4) Aviation fuel.--The term ``aviation fuel'' has the
        meaning given such term by section 4093 of such Code.
            (5) Floor stocks tax date.--The term ``floor stocks tax
        date'' means the day after the end of the suspension period
        under section 4081(f) of such Code (as added by section 2).
            (6) Secretary.--The term ``Secretary'' means the Secretary
        of the Treasury or the Secretary's delegate.
    (d) Exception for Exempt Uses.--The tax imposed by subsection (a)
shall not apply to taxable liquid held by any person exclusively for
any use to the extent a credit or refund of the tax imposed by section
4041, 4081, or 4091 of such Code is allowable for such use.
    (e) Exception for Fuel Held in Vehicle Tank.--No tax shall be
imposed by subsection (a) on taxable liquid held in the tank of a motor
vehicle or motorboat.
    (f) Exception for Certain Amounts of Fuel.--
            (1) In general.--No tax shall be imposed by subsection
        (a)--
                    (A) on gasoline held on the floor stocks tax date
                by any person if the aggregate amount of gasoline held
                by such person on such date does not exceed 4,000
                gallons, and
                    (B) on diesel fuel, kerosene, or aviation fuel held
                on such date by any person if the aggregate amount of
                diesel fuel, kerosene, or aviation fuel held by such
                person on such date does not exceed 2,000 gallons.
        The preceding sentence shall apply only if such person submits
        to the Secretary (at the time and in the manner required by the
        Secretary) such information as the Secretary shall require for
        purposes of this paragraph.
            (2) Exempt fuel.--For purposes of paragraph (1), there
        shall not be taken into account fuel held by any person which
        is exempt from the tax imposed by subsection (a) by reason of
        subsection (d) or (e).
            (3) Controlled groups.--For purposes of this subsection--
                    (A) Corporations.--
                            (i) In general.--All persons treated as a
                        controlled group shall be treated as 1 person.
                            (ii) Controlled group.--The term
                        ``controlled group'' has the meaning given to
                        such term by subsection (a) of section 1563 of
                        such Code; except that for such purposes the
                        phrase ``more than 50 percent'' shall be
                        substituted for the phrase ``at least 80
                        percent'' each place it appears in such
                        subsection.
                    (B) Nonincorporated persons under common control.--
                Under regulations prescribed by the Secretary,
                principles similar to the principles of subparagraph
                (A) shall apply to a group of persons under common
                control where 1 or more of such persons is not a
                corporation.
    (g) Other Law Applicable.--All provisions of law, including
penalties, applicable with respect to the taxes imposed by section
4041(a)(2) of such Code in the case of special fuels; by section 4081
of such Code in the case of gasoline, diesel fuel, and kerosene; and by
section 4091 of such Code in the case of aviation fuel shall, insofar
as applicable and not inconsistent with the provisions of this
subsection, apply with respect to the floor stock taxes imposed by
subsection (a) to the same extent as if such taxes were imposed by such
section 4041, 4081, or 4091.

Summary: Freedom from Unfair Energy Levy Act - Amends the Internal Revenue Code to: (1) suspend, for six months, motor fuels taxes. And (2) repeal the 1993 4.3 cents per gallon increase in motor fuel taxes. Sets forth floor stock provisions.

To amend the Internal Revenue Code of 1986 to suspend all motor fuel taxes for six months, and to permanently repeal the 4.3-cent per gallon increases in motor fuel taxes enacted in 1993.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Incentives to Educate American
Children (I Teach) Act of 2002''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress makes the following findings:
            (1) An estimated 2,000,000 new teachers will be needed over
        the next decade.
            (2) Under the No Child Left Behind Act of 2001, States must
        recruit qualified teachers by 2006, yet schools in rural areas
        and public schools with high poverty have trouble attracting
        and retaining teachers.
            (3) Fourteen percent of America's school children attend
        rural schools, and according to the Rural School and Community
        Trust 2000 report, ``Why Rural Matters'', rural education is
        crucial or very important to overall education performance in
        25 States, so recruitment and retention of teachers is
        essential.
            (4) A 2000 study by the Education Trust reports that high
        poverty schools are twice as likely not to have teachers
        certified in their fields than other schools, which highlights
        that high poverty schools will need special help to meet the
        goals of No Child Left Behind Act of 2001.
            (5) The National Board for Professional Teaching Standards
        was founded in 1987, as a follow up to the landmark 1983
        report, ``A Nation at Risk'', by the Carnegie Task Force on
        Teaching. The National Board for Professional Teaching
        Standards is an independent, nonprofit, and nonpartisan
        organization the mission of which is to establish high and
        rigorous standards for what accomplished teachers should know
        and be able to do.
            (6) Over 16,000 teachers from all 50 States and the
        District of Columbia have completed certification by the
        National Board for Professional Teaching Standards, which
        certification is a rigorous assessment process for teachers.
            (7) Recent data from the Accomplished Teaching Validation
        Study have demonstrated that teachers who are certified by the
        National Board for Professional Teaching Standards
        significantly outperform their peers who are not National Board
        certified on 11 of 13 key measures of teaching expertise.
            (8) Teacher salaries have remained stagnant over the past
        decade, according to a study by the National Education
        Association, and \2/3\ of the States do not meet the national
        average of $40,582 for teacher salaries.
    (b) Purposes.--The purposes of this Act are as follows:
            (1) To encourage teachers, through a refundable tax credit,
        to work in public elementary and secondary schools located in
        rural areas or schools with high poverty.
            (2) To provide an additional tax credit to teachers who
        achieve certification from the National Board for Professional
        Teaching Standards in order to recruit and retain highly
        qualified teachers in public elementary and secondary schools.

SEC. 3. REFUNDABLE TAX CREDIT FOR INDIVIDUALS TEACHING IN ELEMENTARY
              AND SECONDARY SCHOOLS LOCATED IN HIGH POVERTY OR RURAL
              AREAS AND CERTIFIED TEACHERS.

    (a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by redesignating section 35 as section 36 and by inserting
after section 34 the following new section:

``SEC. 35. TAX CREDIT FOR INDIVIDUALS TEACHING IN ELEMENTARY AND
              SECONDARY SCHOOLS LOCATED IN HIGH POVERTY OR RURAL AREAS
              AND CERTIFIED TEACHERS.

    ``(a) Allowance of Credit.--In the case of an eligible teacher,
there shall be allowed as a credit against the tax imposed by this
subtitle for the taxable year an amount equal to the applicable amount
for the eligible academic year ending during such taxable year.
    ``(b) Applicable Amount.--For purposes of this section--
            ``(1) Teachers in schools in rural areas or schools with
        high poverty.--
                    ``(A) In general.--In the case of an eligible
                teacher who performs services in a public kindergarten
                or a public elementary or secondary school described in
                subparagraph (B) during the eligible academic year, the
                applicable amount is $1,000.
                    ``(B) School described.--A public kindergarten or a
                public elementary or secondary school is described in
                this subparagraph if--
                            ``(i) at least 75 percent of the students
                        attending such kindergarten or school receive
                        free or reduced-cost lunches under the school
                        lunch program established under the National
                        School Lunch Act, or
                            ``(ii) such kindergarten or school has a
                        School Locale Code of 7 or 8, as determined by
                        the Secretary of Education.
            ``(2) Certified teachers.--In the case of an eligible
        teacher who is certified by the National Board for Professional
        Teaching Standards for the eligible academic year, the
        applicable amount is $1,000.
            ``(3) Certified teachers in schools in rural areas or
        schools with high poverty.--In the case of an eligible teacher
        described in paragraphs (1) and (2), the applicable amount is
        $2,000.
    ``(c) Eligible Teacher.--For purposes of this section, the term
`eligible teacher' means, for any eligible academic year, an individual
who is a kindergarten through grade 12 classroom teacher or instructor
in a public kindergarten or a public elementary or secondary school on
a full-time basis for such eligible academic year.
    ``(d) Additional Definitions.--For purposes of this section--
            ``(1) Elementary and secondary schools.--The terms
        `elementary school' and `secondary school' have the respective
        meanings given such terms by section 9101 of the Elementary and
        Secondary Education Act of 1965.
            ``(2) Eligible academic year.--The term `eligible academic
        year' means any academic year ending in a taxable year
        beginning after December 31, 2002.''.
    (b) Conforming Amendments.--
            (1) Paragraph (2) of section 1324(b) of title 31, United
        States Code, is amended by inserting before the period ``, or
        from section 35 of such Code''.
            (2) The table of sections for subpart C of part IV of
        subchapter A of chapter 1 of the Internal Revenue Code of 1986
        is amended by striking the item relating to section 35 and
        inserting the following new items:

``Sec. 35. Tax credit for individuals teaching in elementary and
                            secondary schools located in high poverty
                            or rural areas and certified teachers.
``Sec. 36. Overpayments of tax.''.
    (c) Effective Date.--The amendments made by this section shall
apply to academic years ending in taxable years beginning after
December 31, 2002.

Summary: Incentives to Educate American Children Act of 2002 - Amends the Internal Revenue Code to permit a tax credit of $1,000 for: (1) teachers in public elementary or secondary schools or public kindergartens in rural areas or areas with high poverty. And (2) teachers certified by the National Board for Professional Teaching Standards. Grants a credit of $2,000 for a teacher meeting both criteria.

A bill to amend the Internal Revenue Code of 1986 to provide a tax incentive to individuals teaching in elementary and secondary schools located in rural or high unemployment areas and to individuals who achieve certification from the National Board for Professional Teaching Standards, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Combating Climate Change Through
Individual Action Act of 2008''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Agricultural, grassland, and forestry practices play an
        essential role in capturing atmospheric carbon and sequestering
        it as soil organic matter.
            (2) Released carbon can be captured through improved
        grassland management, tree planting, forest preservation, and
        enhanced agronomic and irrigation practices.
            (3) Promoting increased natural carbon sinks could have a
        significant impact on the world's projected carbon emissions
        from the burning of fossil fuels.
            (4) Certain agricultural and forestry practices can reduce
        greenhouse gases: (A) avoiding emissions by maintaining
        existing carbon storage in trees and soils; (B) increasing
        carbon storage by, e.g., tree planting, conversion from
        conventional to conservation tillage practices on agricultural
        lands;
            (5) The large potentials exist through known cropping and
        land management practices such as adoption of no-till, reduced
        fallow and use of cover crops, and conservation set-asides with
        perennial grasses and trees.

SEC. 3. CARBON SEQUESTRATION AND SOIL CONSERVATION CREDIT.

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

``SEC. 45O. CARBON SEQUESTRATION AND SOIL CONSERVATION.

    ``(a) In General.--For purposes of section 38, in the case of a
taxpayer engaged in the business of farming, the credit determined
under this section for the taxable year is an amount equal to 30
percent of the qualified carbon sequestration and soil conservation
expenditures for the taxable year which are paid or incurred with
respect to the land used in such farming.
    ``(b) Limitation.--The credit allowed with respect to a taxpayer
under this section for a taxable year shall not exceed an amount equal
to $10,000, reduced by the sum of the credits allowed with respect to
the taxpayer under subsection (a) for all preceding taxable years.
    ``(c) Qualified Carbon Sequestration and Soil Conservation
Expenses.--For purposes of this section--
            ``(1) In general.--The term `qualified carbon sequestration
        and soil conservation expenditures' means amounts paid or
        incurred to sequester carbon and conserve soil, including--
                    ``(A) expenditures described in section 175(c),
                    ``(B) conservation tillage expenditures,
                    ``(C) cover cropping expenditures,
                    ``(D) amounts paid or incurred to increase the
                nitrogen use efficiency (other than use of nitrogen
                fertilizers) of land used in farming, and
                    ``(E) amounts paid or incurred for multiple year
                rotations, including introduction of a perennial that
                reduces carbon loss and tillage, builds soil tilth, and
                increases carbon capture capacity.
            ``(2) Conservation tillage expenditures.--The term
        `conservation tillage expenditures' means any expenditures paid
        or incurred for a tilling and planting method in which at least
        30 percent of the previous crop residue remains on the soil
        after planting the current crop. Such term includes the
        following tilling practices: no till, ridge till, minimum till,
        and mulch till.
            ``(3) Cover cropping expenditures.--The term `cover
        cropping expenditures' means expenditures paid or incurred for
        the preparation and seeding of land for any grass, legume, or
        small grain--
                    ``(A) which is not the primary crop of the
                taxpayer,
                    ``(B) the primary purpose of which is to achieve
                one or more of the following: reduction in erosion;
                maintenance or improvement in soil fertility, tilth,
                and structure,
                    ``(C) a purpose of which may be interruption of
                pest cycles or conservation of water.
    ``(d) Per Acre Credit Alternative.--
            ``(1) In general.--Not later than 180 days after the date
        of the enactment of this section, the Secretary shall, in
        consultation with the Secretary of Agriculture, establish an
        alternative procedure for determining the credit under
        subsection (a), which, at the election of the taxpayer, shall
        be treated as the amount determined under subsection (a).
            ``(2) Procedure described.--(A) The Secretary shall
        establish credit amounts to apply to land used in farming on a
        per acre basis with respect to each method of carbon
        sequestration and soil conservation described in subsection
        (c)(1).
            ``(B) Such credit amounts shall be based on the efficacy of
        the method in sequestering carbon and preventing soil erosion.
            ``(C) No such credit amount may exceed $15 per acre.
            ``(D) The Secretary shall prescribe rules similar to the
        rules of paragraphs (1) through (4) of subsection (e) to apply
        for purposes of the procedure established under this
        subsection.
            ``(3) Election.--An election to use such alternative method
        shall be made in such form and manner as the Secretary may
        prescribe, and shall apply to the taxable year for which made
        and for all subsequent taxable years.
    ``(e) Definition and Special Rules.--
            ``(1) Land used in farming.--For purposes of this section,
        land shall be treated as used in farming only if such land is
        used (before or simultaneously with the expenditures described
        in subsection (c)(1)) by the taxpayer or his tenant for the
        production of crops, fruits, or other agricultural products or
        for the sustenance of livestock.
            ``(2) Expenditures must be consistent with soil
        conservation plan.--Notwithstanding any other provision of this
        section, subsection (a) shall not apply to any expenditures
        unless such expenditures are consistent with--
                    ``(A) the plan (if any) approved by the Soil
                Conservation Service of the Department of Agriculture
                for the area in which the land is located, or
                    ``(B) if there is no plan described in clause (i),
                any soil conservation plan of a comparable State
                agency.
            ``(3) Basis adjustment.--For purposes of this subtitle, if
        a credit is determined under this section for any expenditure
        with respect to any property, the increase in the basis of such
        property which would (but for this paragraph) result from such
        expenditure shall be reduced by the amount of the credit so
        determined.
            ``(4) Denial of double benefit.--No deduction or other
        credit shall be allowed under this chapter for any amount taken
        into account in determining the credit under this section.
    ``(f) Termination.--This section shall not apply to taxable years
beginning after December 31, 2013.''.
    (b) Credit Made Part of General Business Credit.--Subsection (b) of
section 38 of such Code (relating to current year business credit) is
amended by striking ``plus'' at the end of paragraph (30), by striking
the period at the end of paragraph (31) and inserting ``plus'', and by
adding at the end the following new paragraph:
            ``(32) the carbon sequestration and soil conservation
        credit determined under section 45O(a).''.
    (c) Conforming Amendments.--Subsection (a) of section 1016 of such
Code (relating to adjustments to basis) is amended by striking ``and''
at the end of paragraph (35), by striking the period at the end of
paragraph (36) and inserting ``and'', and by adding at the end the
following new paragraph:
            ``(37) to the extent provided in section 45O(e).''.
    (d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:

``Sec. 45O. Carbon sequestration and soil conservation.''.
    (e) Effective Date.--The amendments made by this section shall
apply to expenditures paid or incurred after December 31, 2008.

SEC. 4. QUALIFYING PLANTING EXPENDITURE CREDIT.

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

``SEC. 30D. QUALIFIED PLANTING EXPENDITURE CREDIT.

    ``(a) Allowance of Credit.--There shall be allowed as a credit
against the tax imposed by this chapter for the taxable year an amount
equal to 10 percent of the qualified planting expenditures of the
taxpayer for the taxable year.
    ``(b) Limitations.--The amount taken into account under subsection
(a) for any taxable year shall not exceed--
            ``(1) in the case of expenditures paid or incurred by the
        taxpayer with respect to an area which is included under
        section 121 as part of the taxpayer's principal residence,
        $5,000,
            ``(2) in the case of expenditures paid or incurred by the
        taxpayer in the course of, or with respect to, a trade or
        business carried on by the taxpayer, $50,000, and
            ``(3) in any other case, zero.
    ``(c) Qualified Planting Expenditures.--For purposes of this
section--
            ``(1) In general.--The term `qualifying planting
        expenditures' means expenditures paid or incurred--
                    ``(A) for the purchase and planting of any tree,
                plant, shrub, or bush which meets the requirements of
                paragraph (2), and
                    ``(B) for the purchase and installation of a
                vegetated roof system.
        Such term shall not include expenditures relating to any
        property which is held by the taxpayer for use in a trade or
        business or for the production of income, or which is property
        described in section 1221(a)(1) in the hands of the taxpayer.
            ``(2) Trees, plants, shrubs, or bushes.--A tree, plant,
        shrub, or bush satisfies the requirements of the paragraph if
        such tree, plant, shrub, or bush is certified, in accordance
        with guidance prescribed by the Secretary (after consultation
        with the Administrator of the Environmental Protection Agency
        and the Secretary of Agriculture), to be quick-growing,
        appropriate for the region in which it is planted, and
        effective in capturing carbon.
            ``(3) Vegetated roof system.--The term `vegetated roof
        system' means a system by which vegetation growing in a
        substrate is integrated with the roof (or portion thereof) of a
        building owned by the taxpayer.
    ``(d) Application With Other Credits.--The credit allowed under
subsection (a) for any taxable year shall not exceed the excess (if
any) of--
            ``(1) the regular tax liability (as defined in section
        26(b)) reduced by the sum of the credits allowable under
        subpart A and sections 27, 30, 30B, and 30C, over
            ``(2) the tentative minimum tax for the taxable year.
    ``(e) Definition and Special Rules.--For purposes of this section--
            ``(1) Principal residence.--The term `principal residence'
        has the same meaning as when used in section 121, except that
        no ownership requirement shall be imposed.
            ``(2) Joint occupancy, cooperative housing corporations,
        and condominium management associations.--Rules similar to the
        rules of paragraphs (4), (5), and (6) of section 25D(e) shall
        apply.
            ``(3) Expenditures outside united states.--The credit under
        this section shall not be allowed with respect to expenditures
        paid or incurred for areas located outside the United States.
            ``(4) Basis adjustment.--For purposes of this subtitle, if
        a credit is allowed under this section for an expenditure, the
        increase in basis which would result (but for this subsection)
        from such expenditure shall be reduced by the amount of credit
        allowed under this section.
    ``(f) Termination.--This section shall not apply to taxable years
beginning after December 31, 2013.''.
    (b) Conforming Amendments.--
            (1) Subsection (a) of section 1016, as amended by section
        3, is amended by striking ``and'' at the end of paragraph (36),
        by striking the period at the end of paragraph (37) and
        inserting ``and'', and by adding at the end the following new
        paragraph:
            ``(38) to the extent provided in section 30D(e)(4).''.
            (2) The table of sections for subpart B of part IV of
        subchapter A of chapter 1 of such Code is amended by inserting
        after the item relating to section 30C the following new item:

``Sec. 30D. Qualified planting expenditure credit.''.
    (c) Effective Date.--The amendments made by this section shall
apply to expenditures paid or incurred after December 31, 2008.

SEC. 5. GRASSLAND, RANGELAND, AND FOREST CONSERVATION CREDIT.

    (a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Treasury, in consultation
with the Department of Agriculture, shall establish an appropriate tax
credit, with respect to land located in the United States, for--
            (1) the conversion of cropland to pasture for grazing
        purposes or to grassland or rangeland, and
            (2) reforestation and afforestation of land--
                    (A) which is not held by the taxpayer for the
                planting, cultivating, caring for, and cutting of trees
                for sale or use in the commercial production of timber
                products, and
                    (B) with trees which are not held by the taxpayer
                for use in a trade or business or for the production of
                income.
    (b) Other Rules Relating to Credit.--
            (1) Credit to be per acre.--The Secretary shall establish
        credit amounts to apply to land on a per acre basis with
        respect to each method of conservation described in subsection
        (a).
            (2) Pursuant to approved plan.--Such methods must be
        pursuant to a plan submitted by the taxpayer and approved by
        the Secretaries of the Treasury and Agriculture.
            (3) Basis for credit amounts.--Credit amount shall be based
        on--
                    (A) the efficacy of the method in sequestering
                carbon and preventing soil erosion,
                    (B) the expenditures relating to such method, and
                    (C) the number of years the taxpayer certifies to
                the Secretary or ensures (by conservation easement or
                otherwise) that the applicable land will remain subject
                to the approved plan.
            (4) Recapture.--The Secretary shall provide for recapturing
        the benefit of any credit allowed under this section with
        respect to any property that ceases to be used in accordance
        with the approved plan.
            (5) Denial of double benefit and basis adjustment.--The
        Secretary shall provide--
                    (A) an appropriate basis adjustment for property
                with respect to which such credit is allowed, and
                    (B) rules disallowing such deductions and other
                credits as may be appropriate to avoid allowing
                additional tax benefits for the same conservation
                method or expenses.
    (c) Effective Date.--The credit established by the Secretary shall
apply to taxable years beginning after December 31, 2008.

SEC. 6. CARBON SEQUESTRATION CREDIT REPORT.

    (a) In General.--In the case of any substantial change in the
carbon sequestration market (including the enactment into law of a
carbon cap and trade program), the Secretary of the Treasury shall, in
consultation with any appropriate Federal officers, study such change
and any effect of such change on the efficiency of, and need for, the
credits allowed under section 5 of this Act and sections 45O and 30D of
the Internal Revenue Code of 1986.
    (b) Report.--As soon as practicable after sufficient opportunity to
observe the effect of such change in the carbon sequestration market,
the Secretary shall submit a report to Congress containing the results
of the study conducted under subsection (a) and any recommendations of
the Secretary for modifying such credits based on such results.

Summary: Combating Climate Change Through Individual Action Act of 2008 - Amends the Internal Revenue Code to allow tax credits for: (1) 30 of carbon sequestration and soil conservation expenditures made by taxpayers engaged in the business of farming. (2) 10 of qualifying planting expenditures, including expenditures for the purchase and planting of any tree, plant, shrub, or bush, and the purchase and installation of a vegetated roof system. (3) the conversion of cropland to pasture for grazing purposes or to grassland or rangeland, and (4) certain types of reforestation and afforestation of land.

To amend the Internal Revenue Code of 1986 to provide incentives for carbon sequestration.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preservation of Antibiotics for
Human Treatment Act of 2002''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) Several antibiotics and classes of antibiotics,
        particularly penicillins, tetracyclines, macrolides (including
        but not limited to erythromycin and tylosin), lincomycin,
        bacitracin, virginiamycin, aminoglycosides, and sulfonamides,
        that either are used in or are related to antibiotics used in
        humans to treat infectious diseases are also routinely
        administered to healthy agricultural animals, generally via
        feed or water, in order to promote the animals' growth or to
        prevent disease. Such uses do not require a veterinarian's
        prescription.
            (2) Mounting scientific evidence shows that this
        nontherapeutic use of antibiotics in agricultural animals can
        lead to development of antibiotic-resistant bacteria that can
        be transferred to people, making it harder to treat certain
        infections.
            (3) In 1969, the Swann Committee was formed in the United
        Kingdom to examine the public health effects of use of
        antimicrobial drugs in food-producing animals. The Committee
        recommended that antimicrobials be divided into ``feed'' and
        ``therapeutic'' classes of drugs and that the ``feed'' class
        not include drugs used therapeutically in humans or animals.
        Most developed countries in the world, with the exception of
        the United States and Canada, restrict the use of
        antimicrobials in animal production systems for growth
        promotion.
            (4) In 1997, the World Health Organization recommended that
        antibiotics used to treat humans should not also be used to
        promote animal growth, although such antibiotics could still be
        used to treat ill animals.
            (5) In July 1998, the National Academy of Sciences, in a
        report prepared at the request of the United States Department
        of Agriculture and the Food and Drug Administration, concluded
        ``there is a link between the use of antibiotics in food
        animals, the development of bacterial resistance to these
        drugs, and human disease''.
            (6) In December 1998, health ministers for the European
        Union countries voted to ban the remaining human-use
        antibiotics still in use to promote animal growth. The ban on
        using virginiamycin, tylosin, spiramycin, and bacitracin in
        animal feed became effective for the 15 member states of the
        European Union on July 1, 1999. Prior to that action,
        individual European countries, including the United Kingdom,
        Denmark, Finland, and Sweden, had banned the use in animal feed
        of specific antibiotics.
            (7) An April 1999 study by the General Accounting Office
        concluded that resistant strains of three microorganisms that
        cause foodborne illness or disease in humans--salmonella,
        campylobacter, and E. coli--are linked to the use of
        antibiotics in animals.
            (8) In October 2000, the Food and Drug Administration
        issued a notice announcing its intention to withdraw approvals
        for use of fluoroquinolone antibiotics in poultry, in light of
        the fact that increased resistance to fluoroquinolones in
        certain bacteria followed approval of those antibiotics for
        such use in the mid-1990s. While one company (Abbott
        Laboratories) immediately agreed to voluntarily withdraw its
        product, the only other manufacturer (Bayer Corp.) is
        contesting FDA's proposed withdrawal and continues to market
        its product. Previous proceedings by FDA to withdraw approval
        of animal drugs have taken substantial amounts of time
        following initiation of formal action by FDA, including 6 years
        in one instance and 20 in another.
            (9) In November 2000, the American Medical Association,
        American Public Health Association, and other health
        organizations urged Bayer Corp. to comply voluntarily with
        FDA's proposed ban.
            (10) In June 2001, the American Medical Association adopted
        a resolution opposing nontherapeutic use of antimicrobials in
        animal agriculture. Organizations that have taken a similar
        position include the American College of Preventive Medicine,
        the American Public Health Association, and the Council of
        State and Territorial Epidemiologists.
            (11) In October 2001, the New England Journal of Medicine
        published a guest editorial titled ``Antimicrobials in Animal
        Feed--Time to Stop''. The editorial urged a ban on
        nontherapeutic use in animals of medically important
        antibiotics, and on use in animals of fluoroquinolones.
            (12) In January 2001, a Federal Interagency Task Force
        released an Action Plan, which notes that ``drug-resistant
        pathogens are a growing menace to all people, regardless of
        age, gender, or socioeconomic background. If we do not act to
        address the problem... [d]rug choices for the treatment of
        common infections will become increasingly limited and
        expensive--and, in some cases, nonexistent.''.
            (13) Scientific studies have shown that resistance traits
        can be transferred among unrelated species of bacteria,
        including from nonpathogens to pathogens.

SEC. 3. REQUIRING PROOF OF SAFETY OF ANTIMICROBIAL NEW ANIMAL DRUGS.

    (a) Nontherapeutic Use; Applications Pending on or Submitted After
Enactment.--Section 512(d)(1) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 360b(d)(1)) is amended--
            (1) in subparagraph (H), by striking ``or'' at the end;
            (2) by redesignating subparagraph (I) as subparagraph (J);
            (3) by inserting after subparagraph (H) the following
        subparagraph:
            ``(I) such drug is an antimicrobial new animal drug and the
        applicant has failed to demonstrate that there is a reasonable
        certainty of no harm to human health due to the development of
        antimicrobial resistance that is attributable, in whole or in
        part, to the nontherapeutic use of such drug; or''; and
            (4) in the matter after and below subparagraph (J) (as
        redesignated by paragraph (2) of this subsection), by striking
        ``(A) through (I)'' and inserting ``(A) through (J)''.
    (b) Nontherapeutic Use; Rescinding of Approval for Certain
Currently Approved Drugs.--Section 512 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360b) is amended by adding at the end the
following subsection:
    ``(q) With respect to each antimicrobial new animal drug for which,
as of the day before the date of the enactment of the Preservation of
Antibiotics for Human Treatment Act of 2002, there was in effect an
approval of an application filed pursuant to subsection (b), the
approval of a nontherapeutic use of such drug (including use through
animal feed that bears or contains such drug) is subject to the
following, as applicable:
            ``(1) In the case of penicillins, tetracyclines, macrolides
        (including but not limited to erythromycin and tylosin),
        lincomycin, bacitracin, virginiamycin, aminoglycosides, and
        sulfonamides:
                    ``(A) Each approval of a nontherapeutic use of any
                of such drugs in an animal is rescinded upon the
                expiration of the two-year period beginning on such
                date of enactment unless, before the expiration of such
                period, the Secretary determines that the holder of the
                approved application has demonstrated that there is a
                reasonable certainty of no harm to human health due to
                the development of antimicrobial resistance that is
                attributable, in whole or in part, to the
                nontherapeutic use of such drug.
                    ``(B) In carrying out subparagraph (A), the
                Secretary may not consider any data regarding the
                antimicrobial new animal drug involved that is
                submitted to the Secretary after the expiration of the
                180-day period beginning on such date of enactment,
                unless such data were not available for submission
                within such 180-day period.
                    ``(C) If pursuant to subparagraph (A) the Secretary
                determines, with respect to the antimicrobial new
                animal drug involved, that there is not a reasonable
                certainty of no harm to human health, the Secretary may
                issue an order withdrawing approval of such drug at any
                time before the date on which the drug would be
                rescinded under such subparagraph.
            ``(2) In the case of an antimicrobial new animal drug that
        is not referred to in paragraph (1):
                    ``(A) If the Secretary grants an exemption under
                section 505(i) regarding such a drug, or a drug with
                substantially the same active ingredients, each
                approval of a nontherapeutic use of such new animal
                drug in an animal is rescinded upon the expiration of
                the two-year period beginning on the date on which the
                Secretary provides notice in accordance with
                subparagraph (C) regarding the new animal drug, except
                as provided in subparagraph (D). Such notice shall be
                so provided not later than 10 days after the date on
                which the Secretary grants the exemption under section
                505(i).
                    ``(B) If an application for such a drug, or a drug
                with substantially the same active ingredients, is
                submitted to the Secretary under section 505(b) or
                under section 351 of the Public Health Service Act, and
                the Secretary has not previously granted an exemption
                under section 505(i) regarding the drug, each approval
                of a nontherapeutic use of such new animal drug in an
                animal is rescinded upon the expiration of the two-year
                period beginning on the date on which the Secretary
                provides notice in accordance with subparagraph (C)
                regarding the new animal drug, except as provided in
                subparagraph (D). Such notice shall be so provided
not later than 10 days after the date on which the Secretary receives
the application under section 505(b) or under such section 351, as the
case may be.
                    ``(C) For purposes of subparagraph (A) and (B),
                notice regarding the antimicrobial new animal drug
                involved is provided in accordance with this
                subparagraph if the Secretary informs the holder of the
                approved application for the nontherapeutic use of such
                drug, in writing, of the applicability of this
                paragraph to such application (including that approval
                of the application will be rescinded, except as
                provided in subparagraph (D), and including the
                opportunity under subparagraph (E) to submit data).
                    ``(D) Subparagraph (A) or (B), as the case may be,
                applies to the antimicrobial new animal drug involved
                unless, before the date on which approval would be
                rescinded under such subparagraph, the Secretary
                determines that the holder of the approved application
                has demonstrated that there is a reasonable certainty
                of no harm to human health due to the development of
                antimicrobial resistance that is attributable, in whole
                or in part, to the nontherapeutic use of such drug.
                    ``(E) In carrying out subparagraph (A) or (B), the
                Secretary may not consider any data regarding the
                antimicrobial new animal drug involved that is
                submitted to the Secretary after the expiration of the
                180-day period beginning on the date on which the
                Secretary provides notice in accordance with
                subparagraph (C) to the holder of the approved
                application for the nontherapeutic use of such drug.
                    ``(F) If pursuant to subparagraph (A) or (B) the
                Secretary determines, with respect to the antimicrobial
                new animal drug involved, that there is not a
                reasonable certainty of no harm to human health, the
                Secretary may issue an order withdrawing approval of
                such drug at any time before the date on which the drug
                would be rescinded under such subparagraph.''.
    (c) All Uses of Fluoroquinolones in Poultry; Rescinding of Approval
for Currently Approved Drugs.--Section 512 of the Federal Food, Drug,
and Cosmetic Act, as amended by subsection (b) of this section, is
amended by adding at the end the following:
    ``(r) With respect to a fluoroquinolone for which, as of the day
before the date of the enactment of the Preservation of Antibiotics for
Human Treatment Act of 2002, there was in effect an approval of an
application filed pursuant to subsection (b), the use of such drug
(including use through animal feed that bears or contains such drug) is
subject to the following:
            ``(1) Each approval of the use of such drug in poultry is
        rescinded upon the expiration of the 180-day period beginning
        on such date of enactment unless, before the expiration of such
        period, the Secretary determines that the holder of the
        approved application has demonstrated that there is a
        reasonable certainty of no harm to human health due to the
        development of antimicrobial resistance that is attributable,
        in whole or in part, to the use of such drug in poultry.
            ``(2) In carrying out paragraph (1), the Secretary may not
        consider any data regarding a fluoroquinolone that is submitted
        to the Secretary by the holder of the approved application
        unless such data has been submitted to FDA Docket No. 00N-1571.
        The preceding sentence may not be construed as requiring the
        Secretary to accept further submissions to such docket if the
        period designated by the Secretary for the receipt of such
        submissions has ended.''.
    (d) Definition of Nontherapeutic Use.--Section 512 of the Federal
Food, Drug, and Cosmetic Act, as amended by subsection (c) of this
section, is amended by adding at the end the following:
    ``(s) For purposes of this section, the term `nontherapeutic use',
with respect to an antimicrobial new animal drug, means any use of such
drug in an animal in the absence of disease, including use for growth
promotion, feed efficiency, or routine disease prevention.''.

Summary: Preservation of Antibiotics for Human Treatment Act of 2002 - Amends the Federal Food, Drug, and Cosmetic Act to require the Secretary of Health and Human Services to refuse to approve an application for an antimicrobial new animal drug when the applicant fails to demonstrate to a reasonable certainty that human health will not be harmed because of the development of antimicrobial resistance attributable to the nontherapeutic use of such drug. Rescinds within a specified period existing approvals and exemptions concerning the nontherapeutic use of certain antimicrobial drugs until the applicant meets the same standard of lack of harm to human health as required for new animal drugs, including the use of penicillins, tetracyclines, macrolides, lincomycin, bacitracin, virginiamycin, aminoglycosides, and sulfonamides in an animal and fluroroquinolones in poultry.

To amend the Federal Food, Drug, and Cosmetic Act to ensure that use of certain antibiotic drugs in animal agriculture does not compromise human health by contributing to the development of antibiotic resistance.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safe, Convenient, Reliable,
Efficient, Effective, Next-Generation, Functional, and Secure TSA Act
of 2016'' or the ``SCREEN FAST Act''.

SEC. 2. PILOT PROGRAM FOR INCREASED EFFICIENCY AND SECURITY AT CATEGORY
              X AIRPORTS.

    (a) In General.--The Administrator of the Transportation Security
Administration shall establish a pilot program at 3 airports to
reconfigure and install security systems that increase efficiency and
reduce vulnerabilities in airport terminals, particularly at airports
that have large open areas where screening is conducted.
    (b) Selection of Airports.--In selecting airports for the pilot
program established under subsection (a), the Administrator shall--
            (1) select airports from among airports classified by the
        Transportation Security Administration as category X airports
        and that are able to begin the reconfiguration and installation
        of security systems expeditiously; and
            (2) give priority to an airport that--
                    (A) submits a proposal that seeks Federal funding
                for reconfiguration of the airport's security systems;
                    (B) has the space needed to reduce vulnerabilities
                and reconfigure the existing security systems; and
                    (C) is able to enter into a cost-sharing
                arrangement with the Transportation Security
                Administration under which the airport will provided
                funding equal to 25 percent of the cost of the pilot
                program.

SEC. 3. PILOT PROGRAM FOR THE DEVELOPMENT AND TESTING OF PROTOTYPES FOR
              AIRPORT SECURITY SYSTEMS.

    (a) In General.--The Administrator of the Transportation Security
Administration shall establish a pilot program at 3 airports to develop
and test prototypes of screening security systems and security
checkpoint configurations to expedite the movement of passengers by
deploying a range of technologies including passive and active systems,
new types of security baggage and personal screening systems, and new
systems to review and address passenger and baggage anomalies.
    (b) Selection of Airports.--In selecting airports for the pilot
program established under subsection (a), the Administrator shall--
            (1) select airports from among airports classified by the
        Transportation Security Administration as category X airports
        that are able to begin the reconfiguration and installation of
        security systems expeditiously;
            (2) consider the space available at airports and the
        ability of airports to test prototypes; and
            (3) give priority to an airport that--
                    (A) submits a proposal that seeks Federal funding
                to test prototypes for new airport security systems;
                    (B) has the space needed to reduce vulnerabilities
                and reconfigure the existing security systems; and
                    (C) is able to enter into a cost-sharing
                arrangement with the Transportation Security
                Administration under which the airport will provided
                funding equal to 25 percent of the cost of the pilot
                program.

SEC. 4. REPORT REQUIRED.

    Not later than 90 days after the date of the enactment of this Act,
the Administrator shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Homeland Security
of the House of Representatives a report on the pilot programs
established under sections 2 and 3.

SEC. 5. FUNDING.

    The Administrator of the Transportation Security Administration
shall carry out the pilot programs established under sections 2 and 3
using amounts--
            (1) appropriated to the Transportation Security
        Administration before the date of the enactment of this Act and
        available for obligation as of such date of enactment; and
            (2) amounts obtained as reimbursements from airports under
        those pilot programs.

SEC. 6. ACCEPTANCE AND PROVISION OF RESOURCES BY THE TRANSPORTATION
              SECURITY ADMINISTRATION.

    Section 114(m) of title 49, United States Code, is amended by
adding at the end the following:
            ``(3) Acceptance and provision of resources.--In carrying
        out the functions of the Administration, the Under Secretary
        shall have the authority--
                    ``(A) to provide or accept services, supplies,
                equipment, personnel, and facilities, with or without
                reimbursement, to or from any other public or private
                entity on such terms as the Under Secretary may
                consider appropriate and notwithstanding sections 1341
                and 1501 through 1519 of title 31; and
                    ``(B) upon the request of any person, to accept a
                monetary gift or bequest, to be available until
                expended, in accordance with the terms of the monetary
                gift or bequest, to the greatest extent practicable.''.

Summary: Safe, Convenient, Reliable, Efficient, Effective, Next-Generation, Functional, and Secure TSA Act of 2016 or the SCREEN FAST Act This bill directs the Transportation Security Administration (TSA) of the Department of Homeland Security to establish a pilot program at three category X airports to reconfigure and install security systems that increase efficiency and reduce vulnerabilities in airport terminals, particularly those that have large open areas where screening occurs. The TSA shall also establish a pilot program at those airports to develop and test prototypes of screening security systems and security checkpoint configurations to expedite the movement of passengers by deploying an array of technologies including passive and active systems, new types of security baggage and passenger screening systems, and new systems to address passenger and baggage anomalies.

SCREEN FAST Act