SECTION 1. MODIFICATIONS TO RULES FOR FRACTIONAL GIFTS.

    (a) Income Tax.--
            (1) Additional requirements for deduction.--Paragraph (1)
        of section 170(o) of the Internal Revenue Code of 1986 is
        amended to read as follows:
            ``(1) Denial of deduction in certain cases.--
                    ``(A) In general.--No deduction shall be allowed
                for a contribution of an undivided portion of a
                taxpayer's entire interest in tangible personal
                property unless--
                            ``(i) all interests in the property are
                        held immediately before such contribution by--
                                    ``(I) the taxpayer, or
                                    ``(II) the taxpayer and the donee,
                            ``(ii) in the case of an initial fractional
                        contribution, such contribution is an undivided
                        portion of not less than 10 percent of all
                        interests in the property,
                            ``(iii) in the case of an initial
                        fractional contribution, the contribution is
                        made pursuant to a written binding contract
                        which requires the donor--
                                    ``(I) to contribute not less than
                                20 percent of all interests in the
                                property on or before the date that is
                                11 years after the date of the initial
                                fractional contribution, and
                                    ``(II) to contribute all of the
                                interests in such property to the donee
                                (or if such donee is no longer in
                                existence, to any person described in
                                subsection (c)) on or before the
                                earlier of the date of the death of the
                                donor or the date which is 20 years
                                after the date of the initial
                                fractional contribution, and
                            ``(iv) if the value of the tangible
                        personal property with respect to which the
                        undivided portion of the taxpayer's entire
                        interest relates is greater than $1,000,000 (or
                        such greater amount as determined by the
                        Secretary), the taxpayer attaches to the return
                        for the taxable year in which such contribution
                        is made a statement of value obtained from the
                        Internal Revenue Service.
                    ``(B) Exceptions.--The Secretary may, by
                regulation, provide for exceptions to subparagraph
                (A)(i) in cases where all persons who hold an interest
                in the property make proportional contributions of an
                undivided portion of the entire interest held by such
                persons. Such regulations may modify the requirements
                of clauses (ii) and (iii) of subparagraph (A) to the
                extent necessary to carry out the purposes of this
                subparagraph.''.
            (2) Valuation of subsequent gifts.--Paragraph (2) of
        section 170(o) of such Code is amended to read as follows:
            ``(2) Valuation of subsequent gifts.--In the case of any
        additional contribution, the fair market value of such
        contribution shall be determined by multiplying--
                    ``(A) the fair market value of all of the donor's
                interest in the property immediately before the
                additional contribution, and
                    ``(B) the interest in the property (expressed as a
                percentage) contributed in such additional
                contribution.''.
            (3) Recapture of deduction.--Paragraph (3) of section
        170(o) of such Code is amended--
                    (A) by redesignating subparagraph (B) as
                subparagraph (C), and
                    (B) by striking subparagraph (A) and inserting the
                following:
                    ``(A) Recapture.--The Secretary shall provide for
                the recapture of the amount of any deduction allowed
                under this section (plus interest) with respect to any
                contribution of an undivided portion of a taxpayer's
                entire interest in tangible personal property--
                            ``(i) in any case in which the donor fails
                        to meet the requirements described in paragraph
                        (1)(A)(iii), and
                            ``(ii) in any case where such property is
                        not in the physical possession of the donee and
                        used in a use which is related to a purpose or
                        function constituting the basis for the donee
                        organization's exemption under section 501
                        during any applicable period for a period of
                        time which bears substantially the same ratio
                        to 5 years as--
                                    ``(I) the percentage of the
                                undivided interest of the donee in the
                                property (determined on the day after
                                such contribution was made), bears to
                                    ``(II) 100 percent.
                    ``(B) Applicable period.--For purposes of
                subparagraph (A), the applicable period means--
                            ``(i) the 5-year period beginning on the
                        date of the later of the initial fractional
                        contribution, and
                            ``(ii) each subsequent 5-year period
                        occurring during the 20-year period described
                        in paragraph (1)(A)(iii)(II).''.
    (b) Estate Tax.--Paragraph (1) of section 2055(g) of the Internal
Revenue Code of 1986 is amended to read as follows:
            ``(1) Valuation of subsequent gifts.--In the case of any
        additional contribution, the fair market value of such
        contribution shall be determined by multiplying--
                    ``(A) the fair market value of all of the donor's
                interest in the property immediately before the
                additional contribution, and
                    ``(B) the interest in the property (expressed as a
                percentage) contributed in such additional
                contribution.''.
    (c) Gift Tax.--
            (1) Additional requirements for deduction.--Paragraph (1)
        of section 2522(e) of the Internal Revenue Code of 1986 is
        amended to read as follows:
            ``(1) Denial of deduction in certain cases.--
                    ``(A) In general.--No deduction shall be allowed
                for a contribution of an undivided portion of a
                taxpayer's entire interest in tangible personal
                property unless--
                            ``(i) all interests in the property are
                        held immediately before such contribution by--
                                    ``(I) the taxpayer, or
                                    ``(II) the taxpayer and the donee,
                            ``(ii) in the case of an initial fractional
                        contribution, such contribution is an undivided
                        portion of not less than 10 percent of all
                        interests in the property,
                            ``(iii) in the case of an initial
                        fractional contribution, the contribution is
                        made pursuant to a written binding contract
                        which requires the donor--
                                    ``(I) to contribute not less than
                                20 percent of all interests in the
                                property on or before the date that is
                                11 years after the date of the initial
                                fractional contribution, and
                                    ``(II) to contribute all of the
                                interests in such property to the donee
                                (or if such donee is no longer in
                                existence, to any person described in
                                section 170(c)) on or before the
                                earlier of the date of the death of the
                                donor or the date which is 20 years
                                after the date of the initial
                                fractional contribution, and
                            ``(iv) if the value of the tangible
                        personal property with respect to which the
                        undivided portion of the taxpayer's entire
                        interest relates is greater than $1,000,000 (or
                        such greater amount as determined by the
                        Secretary), the taxpayer attaches to the return
                        for the taxable year in which such contribution
                        is made a statement of value obtained from the
                        Internal Revenue Service.
                    ``(B) Exceptions.--The Secretary may, by
                regulation, provide for exceptions to subparagraph
                (A)(i) in cases where all persons who hold an interest
                in the property make proportional contributions of an
                undivided portion of the entire interest held by such
                persons. Such regulations may modify the requirements
                of clauses (ii) and (iii) of subparagraph (A) to the
                extent necessary to carry out the purposes of this
                subparagraph.''.
            (2) Valuation of subsequent gifts.--Paragraph (2) of
        section 2522(e) of such Code is amended to read as follows:
            ``(2) Valuation of subsequent gifts.--In the case of any
        additional contribution, the fair market value of such
        contribution shall be determined by multiplying--
                    ``(A) the fair market value of all of the donor's
                interest in the property immediately before the
                additional contribution, and
                    ``(B) the interest in the property (expressed as a
                percentage) contributed in such additional
                contribution.''.
            (3) Recapture of deduction.--Paragraph (3) of section
        2522(e) of such Code is amended--
                    (A) by redesignating subparagraph (B) as
                subparagraph (C), and
                    (B) by striking subparagraph (A) and inserting the
                following:
                    ``(A) Recapture.--The Secretary shall provide for
                the recapture of the amount of any deduction allowed
                under this section (plus interest) with respect to any
                contribution of an undivided portion of a taxpayer's
                entire interest in tangible personal property--
                            ``(i) in any case in which the donor fails
                        to meet the requirements described in paragraph
                        (1)(A)(iii), and
                            ``(ii) in any case where such property is
                        not in the physical possession of the donee and
                        used in a use which is related to a purpose or
                        function constituting the basis for the donee
                        organization's exemption under section 501
                        during any applicable period for a period of
                        time which bears substantially the same ratio
                        to 5 years as--
                                    ``(I) the percentage of the
                                undivided interest of the donee in the
                                property (determined on the day after
                                such contribution was made), bears to
                                    ``(II) 100 percent.
                    ``(B) Applicable period.--For purposes of
                subparagraph (A), the applicable period means--
                            ``(i) the 5-year period beginning on the
                        date of the later of the initial fractional
                        contribution, and
                            ``(ii) each subsequent 5-year period
                        occurring during the 20-year period described
                        in paragraph (1)(A)(iii)(II).''.
    (d) Return Requirement.--Section 6033 of the Internal Revenue Code
of 1986 is amended by redesignating subsection (m) as subsection (n)
and by inserting after subsection (l) the following new subsection:
    ``(m) Additional Provisions Relating to Organizations Described in
Section 170(c).--Every organization described in section 170(c) shall,
on any return required under subsection (a), list each charitable
contribution received by the organization during the period covered by
the return which represents a contribution of an undivided portion of a
taxpayer's entire interest in tangible personal property and provide
such other information with respect to such contribution as required by
the Secretary.''.
    (e) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the
        amendments made by this section shall apply to contributions,
        bequests, and gifts made after the date of the enactment of
        this Act.
            (2) Return requirement.--The amendments made by subsection
        (d) shall apply to returns for taxable years ending after the
        date of the enactment of this Act.
    (f) Transition Rule.--In the case of any additional contribution
(as defined in section 170(o)(4) of the Internal Revenue Code of 1986)
with respect to an initial fractional contribution (as defined in such
section) made after August 17, 2006, and before the date of the
enactment of this Act--
            (1) except for purposes of determining the fair market
        value of such contribution under sections 170(o)(2),
        2055(g)(1), and 2522(e)(2) of the Internal Revenue Code of 1986
        (as such sections were amended by this Act), such contribution
        shall be treated as an initial fractional contribution (as so
        defined) subject to the amendments made by this section, and
            (2) sections 170(o)(3)(A)(i) and 2522(e)(3)(A)(i) of such
        Code (as in effect before the date of the enactment of this
        Act) shall not apply with respect to any prior contribution of
        an undivided portion of the taxpayer's interest in the
        property.

Summary: Amends Internal Revenue Code provisions relating to the tax deduction for donations of fractional interests in tangible personal property to: (1) permit donors to claim an increased deduction based upon the market value of subsequent gifts of fractional interests, (2) extend to 20 years the period in which donors of fractional interests must contribute their entire interest in donated property, and (3) require donors of fractional interests greater than $1 million to attach a statement of value obtained from the Internal Revenue Service (IRS) to their tax returns.

A bill to amend the Internal Revenue Code of 1986 to reform the rules relating to fractional charitable donations of tangible personal property.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Flagship Species Conservation Act of
2004''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds the following:
            (1) Numerous species of fauna have continued to decline to
        the point that the long-term survival of those species in the
        wild is in serious jeopardy.
            (2) Many of those species are listed under section 4 of the
        Endangered Species Act of 1973 (16 U.S.C. 1533) or in Appendix
        I or II of the Convention on International Trade in Endangered
        Species of Wild Fauna and Flora.
            (3) There are insufficient resources available for
        addressing the threats facing those species, which will require
        the joint commitment and effort of countries within the range
        of those species, the United States and other countries, and
        the private sector.
            (4) The grant programs established by the Congress for
        tigers, rhinoceroses, Asian elephants, African elephants, great
        apes, neotropical migratory birds, and marine turtles have
        proven to be extremely successful, provide Federal funds for
        conservation projects in an efficient and expeditious manner,
        and encourage additional support for conservation in countries
        where those species exist in the wild.
            (5) A new grant program modeled on the existing programs
        for tigers, rhinoceroses, elephants, great apes, neotropical
        migratory birds, and marine turtles would provide an effective
        means to assist in the conservation of flagship species for
        which there are no existing grant programs.
    (b) Purpose.--The purpose of this Act is to conserve flagship
species of fauna throughout the world, and the ecosystems on which
those species depend, by supporting the conservation programs for those
species and the CITES Secretariat, promoting partnerships between the
public and private sectors, and providing financial resources for those
programs and partnerships.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Account.--The term ``Fund'' means the Flagship Species
        Conservation Fund established by section 5.
            (2) CITES.--The term ``CITES'' means the Convention on
        International Trade in Endangered Species of Wild Fauna and
        Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS
        8249), including its appendices and amendments.
            (3) Conservation.--The term ``conservation'' means the use
        of methods and procedures necessary to bring a flagship species
        to the point at which there are sufficient populations in the
        wild to ensure that the species does not become extinct,
        including--
                    (A) protection and management of populations of a
                flagship species;
                    (B) maintenance, management, protection, and
                restoration of habitat of a flagship species;
                    (C) research and monitoring;
                    (D) law enforcement; and
                    (E) community outreach and education.
            (4) Fish or wildlife.--The term ``fish or wildlife'' means
        any mammal, fish, bird, or reptile.
            (5) Flagship species.--The term ``flagship species''--
                    (A) subject to subparagraph (B), means a species of
                fish or wildlife--
                            (i) that is listed as an endangered species
                        or threatened species under section 4 of the
                        Endangered Species Act of 1973 (16 U.S.C. 1533)
                        or that is listed in Appendix I or II of CITES;
                            (ii) whose range is wholly outside of the
                        United States; and
                            (iii) that appeals to the public and has
                        other features that make it suitable for
                        communicating conservation concerns; and
                    (B) does not include African elephants, Asian
                elephants, rhinoceros, tigers, great apes, neotropical
                migratory birds, and marine turtles.
            (6) Multinational species conservation fund.--The term
        ``Multinational Species Conservation Fund'' means the fund
        established under the heading ``multinational species
        conservation fund'' in title I of the Department of the
        Interior and Related Agencies Appropriations Act, 1999 (16
        U.S.C. 4246).
            (7) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.

SEC. 4. FLAGSHIP SPECIES CONSERVATION ASSISTANCE.

    (a) In General.--Subject to the availability of funds, the
Secretary shall use amounts in the Fund to provide financial assistance
for projects for the conservation of that flagship species throughout
the world, for which project proposals are approved by the Secretary in
accordance with this section.
    (b) Project Proposals.--
            (1) Eligible applicants.--A proposal for a project for the
        conservation of a flagship species may be submitted to the
        Secretary by--
                    (A) any relevant wildlife management authority of a
                country that has within its boundaries any part of the
                range of a flagship species, if the agency has
                authority over fish or wildlife and the activities of
                the agency directly or indirectly affect the species;
                    (B) the CITES Secretariat; or
                    (C) any person with demonstrated expertise in the
                conservation of that flagship species.
            (2) Required information.--A project proposal shall
        include--
                    (A) the name of the individual with primary
                responsibility for conducting the project;
                    (B) a succinct statement of--
                            (i) the purposes of the project and the
                        methodology for implementing the project,
                        including an assessment of the status of the
                        flagship species that is the subject of the
                        project; and
                            (ii) how the project will benefit that
                        species and other species that reside within
                        the same habitat;
                    (C) a description of the qualifications of the
                individuals who will conduct the project;
                    (D) an estimate of the funds and time required to
                complete the project;
                    (E) evidence of support for the project by
                appropriate governmental entities of countries in which
                the project will be conducted, if the Secretary
                determines that such support is required for the
                success of the project;
                    (F) information regarding the source and amount of
                matching funds available for the project; and
                    (G) any other information that the Secretary
                considers to be necessary for evaluating the
                eligibility of the project for funding under this Act.
    (c) Project Review and Approval.--
            (1) In general.--The Secretary shall--
                    (A) not later than 30 days after receiving a
                project proposal, provide a copy of the proposal to
                other Federal officials, as appropriate; and
                    (B) review each project proposal in a timely manner
                to determine whether the proposal meets the criteria
                specified in subsection (d).
            (2) Consultation; approval or disapproval.--Not later than
        180 days after receiving a project proposal, and subject to the
        availability of funds, the Secretary, after consulting with
        other Federal officials, as appropriate, shall--
                    (A) consult on the proposal with the government of
                each country in which the project is to be conducted;
                    (B) after taking into consideration any comments
                resulting from the consultation, approve or disapprove
                the project proposal; and
                    (C) provide written notification of the approval or
                disapproval to the person that submitted the project
                proposal, other Federal officials, and each country
                described in subparagraph (A).
    (d) Criteria for Approval.--The Secretary may approve a project
proposal under this section if the project will help recover and
sustain viable populations of flagship species in the wild by assisting
efforts in foreign countries to implement flagship species conservation
programs.
    (e) Project Sustainability.--To the maximum extent practicable, in
determining whether to approve project proposals under this section,
the Secretary shall give preference to conservation projects that are
designed to ensure effective, long-term conservation of flagship
species and their nesting habitats.
    (f) Matching Funds.--In determining whether to approve project
proposals under this section, the Secretary shall give preference to
projects for which matching funds are available.
    (g) Project Reporting.--
            (1) In general.--Each person that receives assistance under
        this section for a project shall submit to the Secretary
        periodic reports (at such intervals as the Secretary may
        require) that include all information that the Secretary, after
        consultation with other government officials, determines is
        necessary to evaluate the progress and success of the project
        for the purposes of ensuring positive results, assessing
        problems, and fostering improvements.
            (2) Availability to the public.--Reports under paragraph
        (1), and any other documents relating to projects for which
        financial assistance is provided under this Act, shall be made
        available to the public.

SEC. 5. FLAGSHIP SPECIES CONSERVATION FUND.

    (a) Establishment.--There is established in the Multinational
Species Conservation Fund a separate account to be known as the
``Flagship Species Conservation Fund'', consisting of--
            (1) amounts transferred to the Secretary of the Treasury
        for deposit into the Fund under subsection (e);
            (2) amounts appropriated to the Fund under section 6; and
            (3) any interest earned on investment of amounts in the
        Fund under subsection (c).
    (b) Expenditures From Fund.--
            (1) In general.--Subject to paragraph (2), on request by
        the Secretary, the Secretary of the Treasury shall transfer
        from the Fund to the Secretary, without further appropriation,
        such amounts as the Secretary determines are necessary to carry
        out section 4.
            (2) Administrative expenses.--Of the amounts in the account
        available for each fiscal year, the Secretary may expend not
        more than 3 percent, or up to $80,000, whichever is greater, to
        pay the administrative expenses necessary to carry out this
        Act.
    (c) Investment of Amounts.--
            (1) In general.--The Secretary of the Treasury shall invest
        such portion of the Fund as is not, in the judgment of the
        Secretary of the Treasury, required to meet current
        withdrawals. Investments may be made only in interest-bearing
        obligations of the United States.
            (2) Acquisition of obligations.--For the purpose of
        investments under paragraph (1), obligations may be acquired--
                    (A) on original issue at the issue price; or
                    (B) by purchase of outstanding obligations at the
                market price.
            (3) Sale of obligations.--Any obligation acquired by the
        Fund may be sold by the Secretary of the Treasury at the market
        price.
            (4) Credits to fund.--The interest on, and the proceeds
        from the sale or redemption of, any obligations held in the
        Fund shall be credited to and form a part of the Fund.
    (d) Transfers of Amounts.--
            (1) In general.--The amounts required to be transferred to
        the Fund under this section shall be transferred at least
        monthly from the general fund of the Treasury to the Fund on
        the basis of estimates made by the Secretary of the Treasury.
            (2) Adjustments.--Proper adjustment shall be made in
        amounts subsequently transferred to the extent prior estimates
        were in excess of or less than the amounts required to be
        transferred.
    (e) Acceptance and Use of Donations.--The Secretary may accept and
use donations to provide assistance under section 4. Amounts received
by the Secretary in the form of donations shall be transferred to the
Secretary of the Treasury for deposit in the Fund.

SEC. 6. ADVISORY GROUP.

    (a) In General.--To assist in carrying out this Act, the Secretary
may convene an advisory group consisting of individuals representing
public and private organizations actively involved in the conservation
of flagship species.
    (b) Public Participation.--
            (1) Meetings.--The Advisory Group shall--
                    (A) ensure that each meeting of the advisory group
                is open to the public; and
                    (B) provide, at each meeting, an opportunity for
                interested persons to present oral or written
                statements concerning items on the agenda.
            (2) Notice.--The Secretary shall provide to the public
        timely notice of each meeting of the advisory group.
            (3) Minutes.--Minutes of each meeting of the advisory group
        shall be kept by the Secretary and shall be made available to
        the public.
    (c) Exemption From Federal Advisory Committee Act.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory
group.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Fund $10,000,000 for
each of fiscal years 2005 through 2007.

SEC. 8. REPORT TO CONGRESS.

    Not later than October 1, 2005, the Secretary shall submit to the
Congress a report on the results and effectiveness of the program
carried out under this Act, including--
            (1) recommendations concerning how this Act might be
        improved, including guidelines for determining species that are
        flagship species; and
            (2) recommendations concerning whether the Fund should be
        continued in the future.

Summary: Flagship Species Conservation Act of 2004 - Requires the Secretary of the Interior to use amounts in the Multinational Species Conservation Fund (Fund) to provide conservation assistance for flagship species of fish or wildlife where project proposals for such conservation are approved by the Secretary in accordance with this Act. Identifies eligible applicants and sets forth requirements for project proposals. Authorizes the Secretary to approve a project proposal if it will help recover and sustain viable populations of flagship species in the wild by assisting efforts in foreign countries to implement flagship species conservation programs. Establishes in the Fund a separate account to be known as the Flagship Species Conservation Fund to fund approved flagship species conservation projects. Authorizes the Secretary to convene an advisory group to assist in carrying out this Act.

To assist in the conservation of flagship species throughout the world.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bay Area Regional Water Recycling
Program Projects Authorization Act of 2006''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Feasible.--The term ``feasible'' means a project for
        which--
                    (A) the planning and environmental studies,
                together with supporting materials and documentation,
                have been prepared consistent with Bureau of
                Reclamation procedures for projects under consideration
                for financial assistance under the Reclamation
                Wastewater and Groundwater Study and Facilities Act
                (title XVI of Public Law 102-575, as amended, and
                section 103(d)(3)(F) of the Water Supply, Reliability,
                and Environmental Improvement Act (Public Law 108-361);
                and
                    (B) the planning and environmental studies,
                together with supporting materials and documentation,
                demonstrate that the project meets the requirements of
                section 1604 of the Reclamation Wastewater and
                Groundwater Study and Facilities Act (title XVI of
                Public Law 102-575), as amended.
            (2) Financially capable project sponsor.--The term
        ``financially capable project sponsor'' means a non-Federal
        project sponsor that is capable of providing--
                    (A) the non-Federal share of the project costs; and
                    (B) 100 percent of the operations and maintenance
                costs of the project.
            (3) Non-federal project sponsor.--The term ``non-Federal
        project sponsor'' means a State, regional, or local authority
        or other qualifying entity, such as a water conservation
        district, water conservancy district, or rural water district
        or association.
            (4) Technically and financially viable project.--The term
        ``technically and financially viable project'' means a project
        that--
                    (A) is a technically viable project; and
                    (B) has a financially capable project sponsor.
            (5) Technically viable project.--The term ``technically
        viable project'' means a project that--
                    (A) meets generally acceptable engineering, public
                health, and environmental standards; and
                    (B) has obtained or is expected to obtain approval
                of all Federal, State, and local permits necessary for
                implementation of the project.

SEC. 3. BAY AREA REGIONAL WATER RECYCLING PROGRAM PROJECTS.

    (a) Feasible and Viable.--The Bay Area Regional Water Recycling
Program projects described in the amendments made by section 4(a) are
hereby--
            (1) determined to be feasible and eligible for financial
        assistance under the Reclamation Wastewater and Groundwater
        Study and Facilities Act (Public Law 102-575, title XVI; 43
        U.S.C. 390h et seq.); and
            (2) confirmed as technically and financially viable
        projects.
    (b) Statutory Construction.--Nothing in this section shall be
construed to affect the applicability of the National Environmental
Policy Act of 1969, or any other Federal or State law, with regard to
the Bay Area Regional Water Recycling Program projects described in the
amendments made by section 4(a).

SEC. 4. PROJECT AUTHORIZATIONS.

    (a) In General.--The Reclamation Wastewater and Groundwater Study
and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et
seq.) is amended by adding at the end the following:

``SEC. 16XX. CITY OF PALO ALTO WATER REUSE PROJECT.

    ``(a) Authorization.--The Secretary, in cooperation with the City
of Palo Alto, California, is authorized to participate in the design,
planning, and construction of recycled water distribution systems.
    ``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
    ``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
    ``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000.
    ``(e) Sunset.--The authority of the Secretary to carry out any
provisions of this section shall terminate 10 years after the date of
the enactment of this section.

``SEC. 16XX. PITTSBURG RECYCLED WATER PROJECT.

    ``(a) Authorization.--The Secretary, in cooperation with the City
of Pittsburg, California, and the Delta Diablo Sanitation District, is
authorized to participate in the design, planning, and construction of
recycled water system facilities.
    ``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
    ``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
    ``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,300,000.
    ``(e) Sunset.--The authority of the Secretary to carry out any
provisions of this section shall terminate 10 years after the date of
the enactment of this section.

``SEC. 16XX. ANTIOCH RECYCLED WATER PROJECT.

    ``(a) Authorization.--The Secretary, in cooperation with the City
of Antioch, California, and the Delta Diablo Sanitation District, is
authorized to participate in the design, planning, and construction of
recycled water system facilities.
    ``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
    ``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
    ``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,250,000.
    ``(e) Sunset.--The authority of the Secretary to carry out any
provisions of this section shall terminate 10 years after the date of
the enactment of this section.

``SEC. 16XX. PACIFICA RECYCLED WATER PROJECT.

    ``(a) Authorization.--The Secretary, in cooperation with the City
of Pacifica, California, and the North Coast County Water District, is
authorized to participate in the design, planning, and construction of
recycled water system facilities.
    ``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
    ``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
    ``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,400,000.
    ``(e) Sunset.--The authority of the Secretary to carry out any
provisions of this section shall terminate 10 years after the date of
the enactment of this section.

``SEC. 16XX. REDWOOD CITY RECYCLED WATER PROJECT.

    ``(a) Authorization.--The Secretary, in cooperation with the City
of Redwood City, California, is authorized to participate in the
design, planning, and construction of recycled water system facilities.
    ``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
    ``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
    ``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,100,000.
    ``(e) Sunset.--The authority of the Secretary to carry out any
provisions of this section shall terminate 10 years after the date of
the enactment of this section.

``SEC. 16XX. SOUTH SANTA CLARA COUNTY RECYCLED WATER PROJECT.

    ``(a) Authorization.--The Secretary, in cooperation with the City
of Gilroy, California, and the Santa Clara Valley Water District, is
authorized to participate in the design, planning, and construction of
recycled water system distribution facilities.
    ``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
    ``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
    ``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $7,000,000.
    ``(e) Sunset.--The authority of the Secretary to carry out any
provisions of this section shall terminate 10 years after the date of
the enactment of this section.''.
    (b) Conforming Amendments.--The table of sections in section 2 of
Public Law 102-575 is amended by inserting after the item relating to
section 16xx the following:

``Sec. 16xx. Palo Alto Water Reuse Project.
``Sec. 16xx. Pittsburg Recycled Water Project.
``Sec. 16xx. Antioch Recycled Water Project.
``Sec. 16xx. Pacifica Recycled Water Project.
``Sec. 16xx. Redwood City Recycled Water Project.
``Sec. 16xx. South Santa Clara County Recycled Water Project.''.

Summary: Bay Area Regional Water Recycling Program Projects Authorization Act of 2006 - Deems the Bay Area Regional Water Recycling Program projects authorized by this Act to be feasible and eligible for financial assistance under the Reclamation Wastewater and Groundwater Study and Facilities Act. Confirms such projects as technically and financially viable. Authorizes the Secretary of the Interior to participate in the design, planning, and construction of recycled water distribution systems or recycled water system facilities in cooperation with: (1) Palo Alto, California, (2) Pittsburg, California, and the Delta Diablo Sanitation District, (3) Antioch, California, and the Delta Diablo Sanitation District, (4) Pacifica, California, and the North Coast County Water District, (5) Redwood City, California. And (6) Gilroy, California, and the Santa Clara Valley Water District. Limits the federal share to 25 of each project's cost. Terminates the Secretary's authority to carry out this Act 10 years after its enactment.

To amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Bay Area Regional Water Recycling Program projects, and for other purposes.


SECTION 1. AVAILABILITY OF APPROPRIATED FUNDS FOR INTERNATIONAL
              MILITARY-TO-CIVILIAN AND CIVILIAN-TO-CIVILIAN CONTACT
              ACTIVITIES CONDUCTED BY THE NATIONAL GUARD.

    (a) In General.--Chapter 1007 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 10219. International military-civilian contact activities
              conducted by the National Guard: availability of
              appropriated funds to support activities
    ``(a) Availability of Appropriated Funds; Authorized Purposes.--
Funds appropriated to the Department of Defense shall be available for
the payment of costs incurred by the National Guard (including the
costs of pay and allowances of members of the National Guard) in
conducting international military-to-civilian contacts, civilian-to-
civilian contacts, and comparable activities for purposes as follows:
            ``(1) To support the objectives of the commander of the
        combatant command for the theater of operations in which such
        contacts and activities are conducted.
            ``(2) To build international civil-military partnerships
        and capacity.
            ``(3) To strengthen cooperation between the departments and
        agencies of the United States Government and agencies of
        foreign governments.
            ``(4) To facilitate intergovernmental collaboration between
        the United States Government and foreign governments.
            ``(5) To facilitate and enhance the exchange of information
        between the United States Government and foreign governments on
        matters relating to defense and security.
    ``(b) Limitations.--(1) Funds shall not be available under
subsection (a) for contacts and activities described in that subsection
that are conducted in a foreign country unless jointly approved by the
commander of the combatant command concerned and the chief of mission
concerned.
    ``(2) Funds shall not be available under subsection (a) for the
participation of a member of the National Guard in contacts and
activities described in that subsection in a foreign country unless the
member is on active duty in the Armed Forces at the time of such
participation.
    ``(c) Reimbursement.--In the event of the participation of
personnel of a department or agency of the United States Government
(other than the Department of Defense) in contacts and activities for
which payment is made under subsection (a), the head of such department
or agency shall reimburse the Secretary of Defense for the costs
associated with the participation of such personnel in such contacts
and activities. Amounts reimbursed the Department of Defense under this
subsection shall be deposited in the appropriation or account from
which amounts for the payment concerned were derived. Any amounts so
deposited shall be merged with amounts in such appropriation or
account, and shall be available for the same purposes, and subject to
the same conditions and limitations, as amounts in such appropriation
or account.
    ``(d) Definitions.--In this section:
            ``(1) The term `military-to-civilian contacts' means the
        following:
                    ``(A) Contacts between members of the Armed Forces
                and foreign civilian personnel.
                    ``(B) Contacts between members of foreign Armed
                Forces and United States civilian personnel.
            ``(2) The term `civilian-to-civilian contacts' means
        contacts between United States civilian personnel and foreign
        civilian personnel.
            ``(3) The term `United States civilian personnel' means the
        following:
                    ``(A) Personnel of the United States Government
                (including personnel of departments and agencies of the
                United States Government other than the Department of
                Defense) and personnel of State and local governments
                of the United States.
                    ``(B) Members and employees of the legislative
                branch, and non-governmental individuals, if the
                participation of such individuals in contacts and
                activities described in subsection (a)--
                            ``(i) contributes to responsible management
                        of defense resources;
                            ``(ii) fosters greater respect for and
                        understanding of the principle of civilian
                        control of the military;
                            ``(iii) contributes to cooperation between
                        foreign military and civilian government
                        agencies and United States military and
                        civilian governmental agencies; or
                            ``(iv) improves international partnerships
                        and capacity on matters relating to defense and
                        security.
            ``(4) The term `foreign civilian personnel' means the
        following:
                    ``(A) Civilian personnel of foreign governments at
                any level (including personnel of ministries other than
                ministries of defense).
                    ``(B) Non-governmental individuals of foreign
                countries, if the participation of such individuals in
                contacts and activities described in subsection (a)
                will further the achievement of any matter set forth in
                clauses (i) through (iv) of paragraph (3)(B).''.
    (b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:

``10219. International military-civilian contact activities conducted
                            by the National Guard: availability of
                            appropriated funds to support
                            activities.''.

Summary: Makes funds appropriated to the Department of Defense (DOD) available for costs incurred by the National Guard in conducting international military-to-civilian contacts, civilian-to-civilian contacts, and comparable activities in order to: (1) support objectives of the commander of the combatant command for the theater of operations in which the contacts occur, (2) build international civil-military partnerships and capacity, (3) strengthen cooperation between US and foreign departments and agencies. (4) facilitate intergovernmental collaboration between the US government and foreign governments. And (5) facilitate the exchange of information between the US government and foreign governments on matters relating to defense and security.

To amend title 10, United States Code, to authorize the availability of appropriated funds for international partnership contact activities conducted by the National Guard, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Public Safety Officers' Defense
Act''.

SEC. 2. SUBSTANTIVE LIMITS.

     Section 2254 of title 28, United States Code, is amended by adding
at the end the following:
    ``(j) Crimes Against Public Safety Officer.--
            ``(1) Definition of public safety officer.--In this
        subsection, the term `public safety officer' has the meaning
        given such term in section 1204 of the Omnibus Crime Control
        and Safe Streets Act of 1968 (42 U.S.C. 3796b).
            ``(2) In general.--A court, justice, or judge shall not
        have jurisdiction to consider any claim relating to the
        judgment or sentence in an application described under
        paragraph (3), unless the applicant shows that the claim
        qualifies for consideration on the grounds described in
        subsection (e)(2). Any such application that is presented to a
        court, justice, or judge other than a district court shall be
        transferred to the appropriate district court for consideration
        or dismissal in conformity with this subsection, except that a
        court of appeals panel must authorize any second or successive
        application in conformity with section 2244 prior to any
        consideration by the district court.
            ``(3) Application of subsection.--This subsection shall
        apply to an application for a writ of habeas corpus on behalf
        of a person in custody pursuant to the judgment of a State
        court for a crime that involved the killing of a public safety
        officer while the public safety officer was engaged in the
        performance of official duties, or on account of the public
        safety officer's performance of official duties.''.

SEC. 3. TIME LIMITS.

    Section 2254(j) of title 28, United States Code, as added by
section 2 of this Act, is further amended by adding at the end the
following:
            ``(4) Time limits in district court.--For any application
        described under paragraph (3), in the district court the
        following shall apply:
                    ``(A) Any motion by either party for an evidentiary
                hearing shall be filed and served not later than 90
                days after the State files its answer or, if no timely
                answer is filed, the date on which such answer is due.
                    ``(B) Any motion for an evidentiary hearing shall
                be granted or denied not later than 30 days after the
                date on which the party opposing such motion files a
                pleading in opposition to such motion or, if no timely
                pleading in opposition is filed, the date on which such
                pleading in opposition is due.
                    ``(C) Any evidentiary hearing shall be--
                            ``(i) convened not less than 60 days after
                        the order granting such hearing; and
                            ``(ii) completed not more than 150 days
                        after the order granting such hearing.
                    ``(D) A district court shall enter a final order,
                granting or denying the application for a writ of
                habeas corpus, not later than 15 months after the date
                on which the State files its answer or, if no timely
                answer is filed, the date on which such answer is due,
                or not later than 60 days after the case is submitted
                for decision, whichever is earlier.
                    ``(E) If the district court fails to comply with
                the requirements of this paragraph, the State may
                petition the court of appeals for a writ of mandamus to
                enforce the requirements. The court of appeals shall
                grant or deny the petition for a writ of mandamus not
                later than 30 days after such petition is filed with
                the court.
            ``(5) Time limits in court of appeals.--For any application
        described under paragraph (3), in the court of appeals the
        following shall apply:
                    ``(A) A timely filed notice of appeal from an order
                issuing a writ of habeas corpus shall operate as a stay
                of that order pending final disposition of the appeal.
                    ``(B) The court of appeals shall decide the appeal
                from an order granting or denying a writ of habeas
                corpus--
                            ``(i) not later than 120 days after the
                        date on which the brief of the appellee is
                        filed or, if no timely brief is filed, the date
                        on which such brief is due; or
                            ``(ii) if a cross-appeal is filed, not
                        later than 120 days after the date on which the
                        appellant files a brief in response to the
                        issues presented by the cross-appeal or, if no
                        timely brief is filed, the date on which such
                        brief is due.
                    ``(C)(i) Following a decision by a panel of the
                court of appeals under subparagraph (B), a petition for
                panel rehearing is not allowed, but rehearing by the
                court of appeals en banc may be requested. The court of
                appeals shall decide whether to grant a petition for
                rehearing en banc not later than 30 days after the date
                on which the petition is filed, unless a response is
                required, in which case the court shall decide whether
                to grant the petition not later than 30 days after the
                date on which the response is filed or, if no timely
                response is filed, the date on which the response is
                due.
                    ``(ii) If rehearing en banc is granted, the court
                of appeals shall make a final determination of the
                appeal not later than 120 days after the date on which
                the order granting rehearing en banc is entered.
                    ``(D) If the court of appeals fails to comply with
                the requirements of this paragraph, the State may
                petition the Supreme Court or a justice thereof for a
                writ of mandamus to enforce the requirements.
            ``(6) Application of time limits.--
                    ``(A) In general.--The time limitations under
                paragraphs (4) and (5) shall apply to an initial
                application described under paragraph (3), any second
                or successive application described under paragraph
                (3), and any redetermination of an application
                described under paragraph (3) or related appeal
                following a remand by the court of appeals or the
                Supreme Court for further proceedings.
                    ``(B) Remand in district court.--In proceedings
                following remand in the district court, time limits
                running from the time the State files its answer under
                paragraph (4) shall run from the date the remand is
                ordered if further briefing is not required in the
                district court. If there is further briefing following
                remand in the district court, such time limits shall
                run from the date on which a responsive brief is filed
                or, if no timely responsive brief is filed, the date on
                which such brief is due.
                    ``(C) Remand in court of appeals.--In proceedings
                following remand in the court of appeals, the time
                limit specified in paragraph (5)(B) shall run from the
                date the remand is ordered if further briefing is not
                required in the court of appeals. If there is further
                briefing in the court of appeals, the time limit
                specified in paragraph (5)(B) shall run from the date
                on which a responsive brief is filed or, if no timely
                responsive brief is filed, from the date on which such
                brief is due.
            ``(7) Failure to comply.--The failure of a court to meet or
        comply with a time limitation under this subsection shall not
        be a ground for granting relief from a judgment of conviction
        or sentence, nor shall the time limitations under this
        subsection be construed to entitle a capital applicant to a
        stay of execution, to which the applicant would otherwise not
        be entitled, for the purpose of litigating any application or
        appeal.''.

SEC. 4. APPLICATION TO PENDING CASES.

    (a) In General.--The amendments made by this Act shall apply to
cases pending on or after the date of enactment of this Act.
    (b) Time Limits.--In a case pending on the date of enactment of
this Act, if the amendments made by this Act provide that a time limit
runs from an event or time that has occurred prior to such date of
enactment, the time limit shall run instead from such date of
enactment.

Summary: Public Safety Officers' Defense Act - Amends the Federal judicial code to deny a court, justice, or judge jurisdiction to consider any claim relating to the judgment or sentence in an application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court for killing a public safety officer, unless the applicant shows constitutional error or that the claim qualifies for consideration based on a new rule of constitutional law or a factual predicate that could not have been previously discovered. Directs that any such application presented to a court, justice, or judge other than a district court be transferred to the appropriate district court for consideration or dismissal, with an exception. Sets forth requirements regarding time limits in: (1) district court. And (2) the court of appeals . Makes time limitations under this Act applicable to an initial application, a second or successive application, and any re-determination of an application or related appeal following a remand by the court of appeals or the Supreme Court for further proceedings.

A bill to limit and expedite Federal collateral review of convictions for killing a public safety officer.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Global Autism Assistance Act of
2008''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) In February 2007, the Centers for Disease Control and
        Prevention released data indicating that--
                    (A) the occurrence of autism spectrum disorders
                (ASD) increased between 1996 and 2006 from an estimated
                1 in 500 to an estimated 1 in 150; and
                    (B) the behaviors of children who were classified
                as suffering from ASD were consistent with the DSM-IV-
                TR criteria for Autistic Disorder, Asperger's Disorder,
                and Pervasive Developmental Disorder--Not Otherwise
                Specified.
            (2) Autism is a complex neurological disorder that affects
        individuals in the areas of social interaction and
        communication. Because autism is a spectrum disorder, it
        affects each individual differently and to varying degrees of
        severity.
            (3) People afflicted with autism process and respond to
        information in unique ways. In some cases, coexisting medical
        issues may be present and aggressive or self-injurious behavior
        may occur.
            (4) The increased number of children diagnosed with autism
        is a growing and urgent concern for families, healthcare
        professionals, and educators. Health and education systems
        struggle to respond to the needs of the autistic population in
        a comprehensive manner.
            (5) The prevalence of autism in developing countries is
        growing rapidly. Health and education systems in these
        countries are particularly ill-equipped to deal with the issues
        surrounding this growth. According to expert estimates, there
        are approximately 2,500,000 people with an autism spectrum
        disorder in China and approximately 2,000,000 with such
        disorder in India. Although reliable statistics are difficult
        to come by, a large number of these people are believed to be
        children.
            (6) Children with autism who receive intensive and
        appropriate educational services before 5 years of age often
        make significant functional improvements. In the United States,
        significant efforts are being pursued to expand early diagnosis
        and the provision of these services.
            (7) In a November 2007 report on the identification,
        evaluation, and management of children with autism, the
        American Academy of Pediatrics recommended that all children
        should be screened twice for autism before 2 years of age, even
        if the children have no recognizable symptoms.
            (8) Early screening and services for autism are sorely
        lacking in most of the developing world. United States
        expertise could be used to significantly aid children and
        families in developing countries for relatively small costs.

SEC. 3. AUTISM DEFINED.

    In this Act, the term ``autism'' means all conditions consistent
with the autism spectrum disorders described in section 2(1).

SEC. 4. GLOBAL AUTISM ASSISTANCE PROGRAM.

    (a) Establishment and Purpose.--The Administrator, United States
Agency for International Development (referred to in this section as
the ``Administrator'') shall establish and administer a health and
education grant program, to be known as the ``Global Autism Assistance
Program'', to--
            (1) support activities described in subsection (c)(2) by
        nongovernmental organizations and other service providers,
        including advocacy groups, focused on treating autism in
        developing countries; and
            (2) establish the ``teach the teachers'' program described
        in subsection (d) to train health and education professionals
        working with children with autism in developing countries.
    (b) Designation of Eligible Regions.--Not later than 120 days after
the date of the enactment of this Act, the Administrator, in
consultation with knowledgeable autism organizations, such as the World
Autism Organization, the Autism Society of America, and Autism Speaks,
shall designate not fewer than 2 regions in developing countries that
the Administrator determines--
            (1) require assistance in dealing with autism; and
            (2) have health and education professionals who are
        sufficiently familiar with issues related to autism to make
        effective use of the Global Autism Assistance Program.
    (c) Selection of Implementing Nongovernmental Organization.--
            (1) In general.--Not later than 180 days after the
        designation of eligible regions under subsection (b), the
        Administrator shall select and provide funding to a
        nongovernmental organization with experience in autism-related
        issues to implement the Global Autism Assistance Program by
        awarding grants to local service providers and advocacy groups
        focused on autism.
            (2) Support and assistance.--The implementing
        nongovernmental organization selected under paragraph (1) shall
        provide, contract for, and coordinate technical assistance in
        support of its mission in meeting the goals and purposes of
        this Act.
            (3) Activities.--A local service provider or advocacy group
        shall use grant funds received under paragraph (1) to carry out
        any of the following activities:
                    (A) Education and outreach to the public.--Use
                public service announcements and other public media to
                help the public become more aware of the signs of
                autism so that children with autism can be diagnosed
                and treated earlier.
                    (B) Support to families.--Develop resources for
                families, such as online Internet resource centers in
                local languages. Disseminate materials to parents of
                newly diagnosed children, such as information contained
                in the Centers for Disease Control and Prevention's
                publication entitled ``Learn the Signs, Act Early'' and
                other suitable alternatives. Disseminate educational
                aids and guides to help parents with their children's
                development.
                    (C) Support to educational institutions.--Provide
                funding for schools or other educational institutions,
                focusing on teachers of the youngest students.
                Distribute equipment or materials referred to in
                subparagraph (B).
                    (D) Support to clinics and medical centers.--
                Provide funding to clinics and medical centers with
                proven records in addressing autism to assist with
                operating expenses, including personnel, equipment
                supplies, and facilities. Develop assessment testing
                for autism. Acquire specialized equipment, such as
                augmentative communication devices.
                    (E) Translation.--Translate relevant English-
                language publications into the local languages spoken
                in the eligible regions designated pursuant to
                subsection (b).
            (4) Applications for grants.--
                    (A) Submission of applications.--A local service
                provider or advocacy group desiring a grant under this
                subsection shall submit an application to the
                implementing nongovernmental organization at such time,
                in such manner, and containing such information as such
                organization may require.
                    (B) Establishment of screening board.--
                            (i) In general.--The implementing
                        nongovernmental organization selected under
                        paragraph (1) shall establish a screening
                        board, to be known as the ``Project Advisory
                        Board'', to review and evaluate applications
                        from local service providers or advocacy groups
                        submitted under subparagraph (A).
                            (ii) Membership.--
                                    (I) Appointment of voting
                                members.--The implementing
                                nongovernmental organization, in
                                consultation with the Administrator,
                                shall appoint at least 7 voting members
                                of the Project Advisory Board who are
                                members of autism advocacy groups,
                                professionals working with autism, or
                                otherwise associated with the autism
                                community, including--
                                            (aa) at least 2 parents
                                        from different families of
                                        individuals with autism;
                                            (bb) at least 1 medical
                                        professional working with
                                        autism;
                                            (cc) at least 1 teacher of
                                        individuals with autism; and
                                            (dd) at least 1 individual
                                        who has autism.
                                    (II) Terms.--Each member appointed
                                under subclause (I)--
                                            (aa) shall serve for a term
                                        of 1 year;
                                            (bb) may serve up to 3
                                        consecutive terms; and
                                            (cc) may continue to serve
                                        after the expiration of the
                                        term of such member until such
                                        time as a successor is
                                        appointed.
                                    (III) Selection criteria.--In
                                appointing members to the Project
                                Advisory Board under subclause (I), the
                                implementing nongovernmental
                                organization shall attempt to--
                                            (aa) ensure objectivity and
                                        balance;
                                            (bb) reduce the potential
                                        for conflicts of interest; and
                                            (cc) include individuals
                                        with experience working in the
                                        developing world.
                                    (IV) Appointment of non-voting
                                members.--The Administrator shall
                                appoint as many non-voting members to
                                the Project Advisory Board as the
                                Administrator determines appropriate.
    (d) Teach the Teachers.--
            (1) In general.--The implementing nongovernmental
        organization, acting on behalf of the Administrator and in
        consultation with the Project Advisory Board, shall establish a
        program, to be known as the ``Teach the Teachers Program'',
        to--
                    (A) identify health and education professionals to
                receive specialized training for teaching and working
                with youth with autism, including training conducted in
                2- or 3-day workshops at locations within 1 of the 2
                regions designated pursuant to subsection (b); and
                    (B) conduct training through 2- or 3-day biomedical
                conferences in the 2 regions designated pursuant to
                subsection (b), including--
                            (i) bringing medical and psychological
                        specialists from the United States to train and
                        educate parents and health professionals who
                        deal with autism;
                            (ii) training related to biomedical
                        interventions that can affect autism;
                            (iii) training on how nutrition and various
                        metabolic issues can impact behavior;
                            (iv) training on the role of applied
                        behavioral analysis; and
                            (v) various occupational and speech
                        therapies in fighting autism.
    (e) Authorization of Appropriations.--There are authorized to be
appropriated to the Administrator to carry out this section--
            (1) $3,000,000 for fiscal year 2009;
            (2) $3,000,000 for fiscal year 2010; and
            (3) $4,000,000 for fiscal year 2011.

Summary: Global Autism Assistance Act of 2008 - Directs the Administrator for the United States Agency for International Development (USAID) to establish and administer a health and education grant program to: (1) support activities by nongovernmental organizations and other service providers, including advocacy groups, focused on autism in developing countries. And (2) establish a teach the teachers program to train health and education professionals working with autistic children in developing countries.

A bill to establish a health and education grant program related to autism spectrum disorders, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Unintended Pregnancy Reduction Act
of 2006''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Rates of unintended pregnancy in the United States
        increased by nearly 30 percent among low-income women between
        1994 and 2002, and a low-income woman today is 4 times as
        likely to have an unintended pregnancy as her higher income
        counterpart.
            (2) Abortion rates decreased among higher income women but
        increased among low income women between 1994 and 2002, and a
        low income woman is more than 4 times as likely to have an
        abortion as her higher income counterpart.
            (3) Contraceptive use reduces a woman's probability of
        having an abortion by 85 percent.
            (4) Levels of contraceptive use among low-income women at
        risk of unintended pregnancy declined significantly between
        1994 and 2002, from 92 percent to 86 percent.
            (5) Publicly funded contraceptive services have been shown
        to prevent 1,300,000 unintended pregnancies each year, and in
        the absence of these services the United States abortion rate
        would likely be 40 percent higher than it is.
            (6) By helping couples avoid unintended pregnancy,
        Medicaid-funded contraceptive services are highly cost-
        effective, and every public dollar spent on family planning
        saves $3 in the cost of pregnancy-related care alone.
            (7) Federal law requires State Medicaid programs to cover
        pregnancy-related care for women with incomes up to 133 percent
        of poverty, and 17 States have expanded this coverage to women
        with incomes up to 200 percent of poverty.
            (8) 18 States have expanded Medicaid coverage for family
        planning services to the same level at which they provide
        Medicaid funded pregnancy-related care.
            (9) Equalizing the eligibility levels for family planning
        and pregnancy-related care nationwide would maximize the cost-
        savings to both the Federal and State Governments.
            (10) A woman should have equal access to contraceptive
        services to help prevent an unintended pregnancy and to
        pregnancy-related care if she does become pregnant.

SEC. 3. CLARIFICATION OF COVERAGE OF FAMILY PLANNING SERVICES AND
              SUPPLIES.

    Section 1937(b) of the Social Security Act (42 U.S.C. 1396u-7(b))
is amended by adding at the end the following:
            ``(5) Coverage of family planning services and supplies.--
        Notwithstanding the previous provisions of this section, a
        State may not provide for medical assistance through enrollment
        of an individual with benchmark coverage or benchmark-
        equivalent coverage under this section unless that coverage
        includes family planning services and supplies as described in
        section 1905(a)(4)(C).''.

SEC. 4. EXPANSION OF FAMILY PLANNING SERVICES.

    (a) Coverage as Mandatory Categorically Needy Group.--
            (1) In general.--Section 1902(a)(10)(A)(i) of the Social
        Security Act (42 U.S.C. 1396a(a)(10)(A)(i)) is amended--
                    (A) in subclause (VI), by striking ``or'' at the
                end;
                    (B) in subclause (VII), by adding ``or'' at the
                end; and
                    (C) by adding at the end the following new
                subclause:
                                    ``(VIII) who are described in
                                subsection (dd) (relating to
                                individuals who meet the income
                                standards for pregnant women);''.
            (2) Group described.--Section 1902 of the Social Security
        Act (42 U.S.C. 1396a) is amended by adding at the end the
        following new subsection:
    ``(dd)(1) Individuals described in this subsection are individuals
who--
            ``(A) meet at least the income eligibility standards
        established under the State plan as of May 1, 2006, for
        pregnant women or such higher income eligibility standard for
        such women as the State may establish; and
            ``(B) are not pregnant.
    ``(2) At the option of a State, individuals described in this
subsection may include individuals who are determined to meet the
income eligibility standards referred to in paragraph (1)(A) under the
terms and conditions applicable to making eligibility determinations
for medical assistance under this title under a waiver to provide the
benefits described in clause (XV) of the matter following subparagraph
(G) of section 1902(a)(10) granted to the State under section 1115 as
of May 1, 2006.''.
            (3) Limitation on benefits.--Section 1902(a)(10) of the
        Social Security Act (42 U.S.C. 1396a(a)(10)) is amended in the
        matter following subparagraph (G)--
                    (A) by striking ``and (XIV)'' and inserting
                ``(XIV)''; and
                    (B) by inserting ``, and (XV) the medical
                assistance made available to an individual described in
                subsection (dd) who is eligible for medical assistance
                only because of subparagraph (A)(10)(i)(VIII) shall be
                limited to family planning services and supplies
                described in 1905(a)(4)(C) and, at the State's option,
                medical diagnosis or treatment services that are
                provided in conjunction with a family planning service
                in a family planning setting provided during the period
                in which such an individual is eligible;'' after
                ``cervical cancer''.
            (4) Conforming amendments.--Section 1905(a) of the Social
        Security Act (42 U.S.C. 1396d(a)) is amended in the matter
        preceding paragraph (1)--
                    (A) in clause (xii), by striking ``or'' at the end;
                    (B) in clause (xii), by adding ``or'' at the end;
                and
                    (C) by inserting after clause (xiii) the following:
                            ``(xiv) individuals described in section
                        1902(dd),''.
    (b) Presumptive Eligibility.--
            (1) In general.--Title XIX of the Social Security Act (42
        U.S.C. 1396 et seq.) is amended by inserting after section
        1920B the following:

         ``presumptive eligibility for family planning services

    ``Sec. 1920C.  (a) State Option.--A State plan approved under
section 1902 may provide for making medical assistance available to an
individual described in section 1902(dd) (relating to individuals who
meet the income eligibility standard for pregnant women in the State)
during a presumptive eligibility period. In the case of an individual
described in section 1902(dd) who is eligible for medical assistance
only because of subparagraph (A)(10)(i)(VIII), such medical assistance
may be limited to family planning services and supplies described in
1905(a)(4)(C) and, at the State's option, medical diagnosis or
treatment services that are provided in conjunction with a family
planning service in a family planning setting provided during the
period in which such an individual is eligible.
    ``(b) Definitions.--For purposes of this section:
            ``(1) Presumptive eligibility period.--The term
        `presumptive eligibility period' means, with respect to an
        individual described in subsection (a), the period that--
                    ``(A) begins with the date on which a qualified
                entity determines, on the basis of preliminary
                information, that the individual is described in
                section 1902(dd); and
                    ``(B) ends with (and includes) the earlier of--
                            ``(i) the day on which a determination is
                        made with respect to the eligibility of such
                        individual for services under the State plan;
                        or
                            ``(ii) in the case of such an individual
                        who does not file an application by the last
                        day of the month following the month during
                        which the entity makes the determination
                        referred to in subparagraph (A), such last day.
            ``(2) Qualified entity.--
                    ``(A) In general.--Subject to subparagraph (B), the
                term `qualified entity' means any entity that--
                            ``(i) is eligible for payments under a
                        State plan approved under this title; and
                            ``(ii) is determined by the State agency to
                        be capable of making determinations of the type
                        described in paragraph (1)(A).
                    ``(B) Regulations.--The Secretary may issue
                regulations further limiting those entities that may
                become qualified entities in order to prevent fraud and
                abuse and for other reasons.
                    ``(C) Rule of construction.--Nothing in this
                paragraph shall be construed as preventing a State from
                limiting the classes of entities that may become
                qualified entities, consistent with any limitations
                imposed under subparagraph (B).
    ``(c) Administration.--
            ``(1) In general.--The State agency shall provide qualified
        entities with--
                    ``(A) such forms as are necessary for an
                application to be made by an individual described in
                subsection (a) for medical assistance under the State
                plan; and
                    ``(B) information on how to assist such individuals
                in completing and filing such forms.
            ``(2) Notification requirements.--A qualified entity that
        determines under subsection (b)(1)(A) that an individual
        described in subsection (a) is presumptively eligible for
        medical assistance under a State plan shall--
                    ``(A) notify the State agency of the determination
                within 5 working days after the date on which
                determination is made; and
                    ``(B) inform such individual at the time the
                determination is made that an application for medical
                assistance is required to be made by not later than the
                last day of the month following the month during which
                the determination is made.
            ``(3) Application for medical assistance.--In the case of
        an individual described in subsection (a) who is determined by
        a qualified entity to be presumptively eligible for medical
        assistance under a State plan, the individual shall apply for
        medical assistance by not later than the last day of the month
        following the month during which the determination is made.
    ``(d) Payment.--Notwithstanding any other provision of this title,
medical assistance that--
            ``(1) is furnished to an individual described in subsection
        (a)--
                    ``(A) during a presumptive eligibility period;
                    ``(B) by a entity that is eligible for payments
                under the State plan; and
            ``(2) is included in the care and services covered by the
        State plan, shall be treated as medical assistance provided by
        such plan for purposes of clause (4) of the first sentence of
        section 1905(b).''.
            (2) Conforming amendments.--
                    (A) Section 1902(a)(47) of the Social Security Act
                (42 U.S.C. 1396a(a)(47)) is amended by inserting before
                the semicolon at the end the following: ``and provide
                for making medical assistance available to individuals
                described in subsection (a) of section 1920C during a
                presumptive eligibility period in accordance with such
                section.''.
                    (B) Section 1903(u)(1)(D)(v) of such Act (42 U.S.C.
                1396b(u)(1)(D)(v)) is amended--
                            (i) by striking ``or for'' and inserting
                        ``, for''; and
                            (ii) by inserting before the period the
                        following: ``, or for medical assistance
                        provided to an individual described in
                        subsection (a) of section 1920C during a
                        presumptive eligibility period under such
                        section''.

SEC. 5. EFFECTIVE DATE.

    (a) In General.--Except as provided in paragraph (2), the
amendments made by this Act take effect on October 1, 2006.
    (b) Extension of Effective Date for State Law Amendment.--In the
case of a State plan under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.) which the Secretary of Health and Human Services
determines requires State legislation in order for the plan to meet the
additional requirements imposed by the amendments made by this Act, the
State plan shall not be regarded as failing to comply with the
requirements of such title solely on the basis of its failure to meet
these additional requirements before the first day of the first
calendar quarter beginning after the close of the first regular session
of the State legislature that begins after the date of enactment of
this Act. For purposes of the previous sentence, in the case of a State
that has a 2-year legislative session, each year of the session is
considered to be a separate regular session of the State legislature.

Summary: Unintended Pregnancy Reduction Act of 2006 - Amends title XIX (Medicaid) of the Social Security Act to: (1) prohibit a state from providing for medical assistance through enrollment of an individual with benchmark coverage or benchmark-equivalent coverage unless it includes certain family planning services and supplies. (2 ) include women who are not pregnant but who meet certain income eligibility standards in a mandatory categorically needy group for family planning services purposes. And (3) allow a state Medicaid plan to provide for making medical assistance available to such individuals during a presumptive eligibility period.

To amend title XIX of the Social Security Act to expand access to contraceptive services for women and men under the Medicaid Program, help low income women and couples prevent unintended pregnancies and reduce abortion, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Personal Health Investment Today Act
of 2009'' or the ``PHIT Act of 2009''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) almost 20 percent of American children between the ages
        of 2 and 19 are overweight or suffer from obesity;
            (2) 8 of the 9 most expensive illnesses in the United
        States are more common among overweight and obese individuals;
            (3) according to the Centers for Disease Control and
        Prevention, the increase in the number of overweight and obese
        Americans between 1987 and 2001 resulted in a 27 percent
        increase in per capita health care costs;
            (4) the World Health Organization determined that in the
        United States a $1 investment in physical activity alone (in
        time and equipment) would reduce medical expenses by $3.20;
            (5) research indicates that 2 in 5 Americans would become
        more physically active if offered a financial incentive;
            (6) the United States ranks last in the world in reducing
        the number of preventable deaths resulting from obesity-related
        chronic illnesses; and
            (7) engaging in physical activities at young ages when
        children are learning lifelong behaviors can have a significant
        impact on their long-term health.
    (b) Purpose.--The purpose of this Act is to promote health and
prevent disease, particularly diseases related to being overweight and
obese, by--
            (1) encouraging healthier lifestyles;
            (2) providing financial incentives to ease the financial
        burden of engaging in healthy behavior; and
            (3) increasing the ability of individuals and families to
        participate in physical fitness activities.

SEC. 3. CERTAIN AMOUNTS PAID FOR PHYSICAL ACTIVITY, FITNESS, AND
              EXERCISE TREATED AS AMOUNTS PAID FOR MEDICAL CARE.

    (a) In General.--Paragraph (1) of section 213(d) of the Internal
Revenue Code of 1986 is amended by striking ``or'' at the end of
subparagraph (C), by striking the period at the end of subparagraph (D)
and inserting
``, or'', and by adding at the end the following new subparagraph:
                    ``(E) for qualified sports and fitness expenses.''.
    (b) Qualified Sports and Fitness Expenses.--Subsection (d) of
section 213 of such Code is amended by adding at the end the following
paragraph:
            ``(12) Qualified sports and fitness expenses.--
                    ``(A) In general.--The term `qualified sports and
                fitness expenses' means amounts paid--
                            ``(i) for membership at a fitness center,
                            ``(ii) for participation or instruction in
                        a program of physical exercise or physical
                        activity, and
                            ``(iii) for equipment for use in a program
                        (including a self-directed program) of physical
                        exercise or physical activity.
                    ``(B) Overall dollar limitation.--The aggregate
                amount treated as qualified sports and fitness expenses
                with respect to any taxpayer for any taxable year shall
                not exceed $1,000 ($2,000 in the case of a joint return
                or a head of household (as defined in section 2(b))).
                    ``(C) Fitness facility defined.--For purposes of
                subparagraph (A)(i), the term `fitness facility' means
                a facility--
                            ``(i) providing instruction in a program of
                        physical exercise, offering facilities for the
                        preservation, maintenance, encouragement, or
                        development of physical fitness, or serving as
                        the site of such a program of a State or local
                        government,
                            ``(ii) which is not a private club owned
                        and operated by its members,
                            ``(iii) which does not offer golf, hunting,
                        sailing, or riding facilities,
                            ``(iv) whose health or fitness facility is
                        not incidental to its overall function and
                        purpose, and
                            ``(v) which is fully compliant with the
                        State of jurisdiction and Federal anti-
                        discrimination laws.
                    ``(D) Limitations related to sports and fitness
                equipment.--Amounts paid for equipment described in
                subparagraph (A)(iii) shall be treated as a qualified
                sports and fitness expense only--
                            ``(i) if such equipment is utilized
                        exclusively for participation in fitness,
                        exercise, sport, or other physical activity
                        programs,
                            ``(ii) if such equipment is not apparel or
                        footwear, and
                            ``(iii) in the case of any item of sports
                        equipment (other than exercise equipment), with
                        respect to so much of the amount paid for such
                        item as does not exceed $250.
                    ``(E) Programs which include components other than
                physical exercise and physical activity.--Rules similar
                to the rules of section 213(d)(6) shall apply in the
                case of any program that includes physical exercise or
                physical activity and also other components. For
                purposes of the preceding sentence, travel and
                accommodations shall be treated as an other
                component.''.
    (c) Exception for Health Savings Accounts.--Subparagraph (A) of
section 223(d)(2) of such Code is amended by inserting ``, determined
without regard to paragraph (1)(E) thereof'' after ``section 213(d)''.
    (d) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.

Summary: Personal Health Investment Today Act of 2009 or the PHIT Act of 2009 - Amends the Internal Revenue Code to allow a medical care tax deduction for up to $1,000 of qualified sports and fitness expenses. Defines qualified sports and fitness expenses as amounts paid for fitness center memberships, physical exercise programs, and exercise equipment.

To amend the Internal Revenue Code of 1986 to treat certain amounts paid for physical activity, fitness, and exercise as amounts paid for medical care.