SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Enhancing Renewable Energy
Investment Act''.

SEC. 2. INCREASE OF ENERGY CREDIT FOR EQUIPMENT USED TO GENERATE
              ELECTRICITY BY GEOTHERMAL POWER.

    (a) In General.--Clause (i) of section 48(a)(2)(A) of the Internal
Revenue Code of 1986 is amended--
            (1) in subclause (III), by striking ``and''; and
            (2) by adding at the end the following:
                                    ``(V) energy property described in
                                paragraph (3)(A)(iii), but only with
                                respect to periods ending before
                                January 1, 2017, and''.
    (b) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act.

SEC. 3. EXTENSION OF SPECIFIED ENERGY PROPERTY GRANTS IN LIEU OF
              CREDIT.

    (a) In General.--Subsection (a) of section 1603 of the American
Recovery and Reinvestment Tax Act of 2009 is amended by striking
``unless such property--'' and all that follows through the period at
the end and inserting the following: ``unless such property is placed
in service before the credit termination date with respect to such
property.''.
    (b) Effective Date.--The amendment made by this section shall apply
to grants made after the date of the enactment of this Act.

SEC. 4. NONQUALIFIED DEFERRED COMPENSATION FROM CERTAIN TAX INDIFFERENT
              PARTIES.

    (a) In General.--Subpart B of part II of subchapter E of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 457 the following new section:

``SEC. 457A. NONQUALIFIED DEFERRED COMPENSATION FROM CERTAIN TAX
              INDIFFERENT PARTIES.

    ``(a) In General.--Any compensation which is deferred under a
nonqualified deferred compensation plan of a nonqualified entity shall
be includible in gross income when there is no substantial risk of
forfeiture of the rights to such compensation.
    ``(b) Nonqualified Entity.--For purposes of this section, the term
`nonqualified entity' means--
            ``(1) any foreign corporation unless substantially all of
        its income is--
                    ``(A) effectively connected with the conduct of a
                trade or business in the United States, or
                    ``(B) subject to a comprehensive foreign income
                tax, and
            ``(2) any partnership unless substantially all of its
        income is allocated to persons other than--
                    ``(A) foreign persons with respect to whom such
                income is not subject to a comprehensive foreign income
                tax, and
                    ``(B) organizations which are exempt from tax under
                this title.
    ``(c) Determinability of Amounts of Compensation.--
            ``(1) In general.--If the amount of any compensation is not
        determinable at the time that such compensation is otherwise
        includible in gross income under subsection (a)--
                    ``(A) such amount shall be so includible in gross
                income when determinable, and
                    ``(B) the tax imposed under this chapter for the
                taxable year in which such compensation is includible
                in gross income shall be increased by the sum of--
                            ``(i) the amount of interest determined
                        under paragraph (2), and
                            ``(ii) an amount equal to 20 percent of the
                        amount of such compensation.
            ``(2) Interest.--For purposes of paragraph (1)(B)(i), the
        interest determined under this paragraph for any taxable year
        is the amount of interest at the underpayment rate under
        section 6621 plus 1 percentage point on the underpayments that
        would have occurred had the deferred compensation been
        includible in gross income for the taxable year in which first
        deferred or, if later, the first taxable year in which such
        deferred compensation is not subject to a substantial risk of
        forfeiture.
    ``(d) Other Definitions and Special Rules.--For purposes of this
section--
            ``(1) Substantial risk of forfeiture.--
                    ``(A) In general.--The rights of a person to
                compensation shall be treated as subject to a
                substantial risk of forfeiture only if such person's
                rights to such compensation are conditioned upon the
                future performance of substantial services by any
                individual.
                    ``(B) Exception for compensation based on gain
                recognized on an investment asset.--
                            ``(i) In general.--To the extent provided
                        in regulations prescribed by the Secretary, if
                        compensation is determined solely by reference
                        to the amount of gain recognized on the
                        disposition of an investment asset, such
                        compensation shall be treated as subject to a
                        substantial risk of forfeiture until the date
                        of such disposition.
                            ``(ii) Investment asset.--For purposes of
                        clause (i), the term `investment asset' means
                        any single asset (other than an investment fund
                        or similar entity)--
                                    ``(I) acquired directly by an
                                investment fund or similar entity,
                                    ``(II) with respect to which such
                                entity does not (nor does any person
                                related to such entity) participate in
                                the active management of such asset (or
                                if such asset is an interest in an
                                entity, in the active management of the
                                activities of such entity), and
                                    ``(III) substantially all of any
                                gain on the disposition of which (other
                                than such deferred compensation) is
                                allocated to investors in such entity.
                            ``(iii) Coordination with special rule.--
                        Paragraph (3)(B) shall not apply to any
                        compensation to which clause (i) applies.
            ``(2) Comprehensive foreign income tax.--The term
        `comprehensive foreign income tax' means, with respect to any
        foreign person, the income tax of a foreign country if--
                    ``(A) such person is eligible for the benefits of a
                comprehensive income tax treaty between such foreign
                country and the United States, or
                    ``(B) such person demonstrates to the satisfaction
                of the Secretary that such foreign country has a
                comprehensive income tax.
            ``(3) Nonqualified deferred compensation plan.--
                    ``(A) In general.--The term `nonqualified deferred
                compensation plan' has the meaning given such term
                under section 409A(d), except that such term shall
                include any plan that provides a right to compensation
                based on the appreciation in value of a specified
                number of equity units of the service recipient.
                    ``(B) Exception.--Compensation shall not be treated
                as deferred for purposes of this section if the service
                provider receives payment of such compensation not
                later than 12 months after the end of the taxable year
                of the service recipient during which the right to the
                payment of such compensation is no longer subject to a
                substantial risk of forfeiture.
            ``(4) Exception for certain compensation with respect to
        effectively connected income.--In the case of a foreign
        corporation with income which is taxable under section 882,
        this section shall not apply to compensation which, had such
        compensation had been paid in cash on the date that such
        compensation ceased to be subject to a substantial risk of
        forfeiture, would have been deductible by such foreign
        corporation against such income.
            ``(5) Application of rules.--Rules similar to the rules of
        paragraphs (5) and (6) of section 409A(d) shall apply.
    ``(e) Regulations.--The Secretary shall prescribe such regulations
as may be necessary or appropriate to carry out the purposes of this
section, including regulations disregarding a substantial risk of
forfeiture in cases where necessary to carry out the purposes of this
section.''.
    (b) Conforming Amendment.--Section 26(b)(2) of such Code is amended
by striking ``and'' at the end of subparagraph (V), by striking the
period at the end of subparagraph (W) and inserting ``, and'', and by
adding at the end the following new subparagraph:
                    ``(X) section 457A(c)(1)(B) (relating to
                determinability of amounts of compensation).''.
    (c) Clerical Amendment.--The table of sections of subpart B of part
II of subchapter E of chapter 1 of such Code is amended by inserting
after the item relating to section 457 the following new item:

``Sec. 457A. Nonqualified deferred compensation from certain tax
                            indifferent parties.''.
    (d) Effective Date.--
            (1) In general.--Except as otherwise provided in this
        subsection, the amendments made by this section shall apply to
        amounts deferred which are attributable to services performed
        after December 31, 2008.
            (2) Application to existing deferrals.--In the case of any
        amount deferred to which the amendments made by this section do
        not apply solely by reason of the fact that the amount is
        attributable to services performed before January 1, 2009, to
        the extent such amount is not includible in gross income in a
        taxable year beginning before 2018, such amounts shall be
        includible in gross income in the later of--
                    (A) the last taxable year beginning before 2018, or
                    (B) the taxable year in which there is no
                substantial risk of forfeiture of the rights to such
                compensation (determined in the same manner as
                determined for purposes of section 457A of the Internal
                Revenue Code of 1986, as added by this section).
            (3) Accelerated payments.--No later than 120 days after the
        date of the enactment of this Act, the Secretary shall issue
        guidance providing a limited period of time during which a
        nonqualified deferred compensation arrangement attributable to
        services performed on or before December 31, 2008, may, without
        violating the requirements of section 409A(a) of the Internal
        Revenue Code of 1986, be amended to conform the date of
        distribution to the date the amounts are required to be
        included in income.
            (4) Certain back-to-back arrangements.--If the taxpayer is
        also a service recipient and maintains one or more nonqualified
        deferred compensation arrangements for its service providers
        under which any amount is attributable to services performed on
        or before December 31, 2008, the guidance issued under
        paragraph (4) shall permit such arrangements to be amended to
        conform the dates of distribution under such arrangement to the
        date amounts are required to be included in the income of such
        taxpayer under this subsection.
            (5) Accelerated payment not treated as material
        modification.--Any amendment to a nonqualified deferred
        compensation arrangement made pursuant to paragraph (4) or (5)
        shall not be treated as a material modification of the
        arrangement for purposes of section 409A of the Internal
        Revenue Code of 1986.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Environmental Improvement Timber
Contract Extension Act of 1996''.

SEC. 2. MODIFICATION OF LONG-TERM CONTRACT REGARDING TONGASS NATIONAL
              FOREST.

    Title III of the Tongass Timber Reform Act (Public Law 101-626; 104
Stat. 4430) is amended by adding at the end the following new section:

``SEC. 302. 1996 CONTRACT MODIFICATIONS.

    ``(a) Definitions.--In this section:
            ``(1) The term `board feet' means net scribner long-log
        scale for all sawlogs and all hemlock and spruce utility grade
        logs.
            ``(2) The term `contract' means the timber sale contract
        numbered A10fs-1042 between the United States and the Ketchikan
        Pulp Company.
            ``(3) The term `contracting officer' means the Regional
        Forester of Region 10 of the United States Forest Service.
            ``(4) The term `mid-market criteria' means an appraisal
        that ensures an average timber operator will have a weighted
        average profit and risk margin of at least 60 percent of normal
        in a mid-market situation, representative of the most recent 10
        years of actual market data.
            ``(5) The term `proportionality' means the proportion of
        high volume stands (stands of 30,000 or more board feet per
        acre) to low volume stands (stands of 8,000 to 30,000 board
        feet per acre).
            ``(6) The term `purchaser' means the Ketchikan Pulp
        Company.
    ``(b) Findings.--Congress finds the following:
            ``(1) On July 26, 1951, the Forest Service, on behalf of
        the United States, and the purchaser entered into a contract to
        harvest 8,250,000,000 board feet of timber from the Tongass
        National Forest in the State of Alaska. While the contract is
        scheduled to end June 30, 2004, it acknowledges an intention on
        the part of the Forest Service to supply adequate timber
        thereafter for permanent operation of the purchaser's
        facilities on a commercially sound and permanently economical
        basis. This legislation is necessary to effectuate that intent.
            ``(2) A pulp mill or similar facility is necessary in
        southeast Alaska to optimize the level of year-round, high-
        paying jobs in the area, to provide high value added use of
        low-grade wood and by-product material from sawmilling
        operations, and to maintain a stable regional economy.
            ``(3) The purchaser plans to make environmental and
        operational improvements to its pulp mill, including conversion
        to an elementally chlorine free bleaching process, expansion of
        wastewater treatment facilities, relocation of the existing
        wastewater outfall, and improvements to chemical recovery and
        power generation equipment. Total capital expenditures are
        estimated to be $200,000,000, $25,000,000 of which the
        purchaser has already invested.
            ``(4) Extension of the contract for 15 years is the minimum
        reasonable extension period to allow amortization of these
        environmental improvement and energy efficiency projects.
            ``(5) Ketchikan is the fourth largest city in Alaska. Its
        economic and job base are extremely dependent upon the
        continuation of the contract, which provides the principal
        source of year-round employment in the area. The purchaser has
        stated among its goals and objectives the following:
                    ``(A) Continuation of a long-term commitment to
                Ketchikan and southeast Alaska, including maintenance
                of a stable Alaskan workforce, utilization of Alaskan
                contractors, vendors, and suppliers to permit those
                businesses to hire and maintain Alaskan employees.
                    ``(B) Participation in the Forest Service's land
                management planning process with other users so that
                the process may be completed expeditiously with maximum
                information.
                    ``(C) Adherence to sound principles of multiple-use
                and sustained yield of forest resources providing for
                the production of sustainable contract volumes for the
                purchaser and the other timber operators in southeast
                Alaska and the protection and promotion of other forest
                uses, including tourism, fishing, subsistence, hunting,
                mining, and recreation.
                    ``(D) Protection of air, water, and land, including
                fish and wildlife habitat, through compliance with
                applicable Federal, State, and local laws.
                    ``(E) Commitment to continue to explore new
                processes and technology to maximize the use of timber
                harvested and increase the value of products
                manufactured in southeast Alaska.
            ``(6) The national interest is served by a policy that
        accomplishes the proper stewardship of publicly owned assets in
        the Tongass National Forest, a fair return to the United States
        for public timber in the Tongass National Forest, and a proper
        balance among multiple use interests in the Tongass National
        Forest to enhance forest health, sustainable harvest, and the
        general economic health and growth in southeast Alaska and the
        United States in order to improve national economic benefits.
        The national interest is best achieved by fostering domestic
        forest product markets and by modifying the terms of the
        contract pursuant to subsection (c).
    ``(c) Contract Fairness Changes.--The contract is hereby modified
as follows:
            ``(1) Extension.--The term of the contract is extended by
        15 years from June 30, 2004.
            ``(2) Sale Offering plan.--The contract shall include a
        plan describing the amount of volume, location, and the
        schedule by which the purchaser shall receive the timber
        required by paragraph (3) for the remainder of the contract
        term. The plan shall be coordinated with the Tongass Land
        Management Plan.
            ``(3) Volume requirements.--The volume of timber required
        under the contract shall be provided in 5-year increments of
        962,500,000 board feet, which the purchaser shall be obligated
        to harvest in an orderly manner, subject to the following:
                    ``(A) Until March 1, 1999, when the next 5-year
                increment is provided to the purchaser, the Forest
                Service shall provide the purchaser with at least
                192,500,000 board feet per year of available timber at
                a date certain each year and shall maintain a supply of
                timber adequate to insure the purchaser can reasonably
                harvest 192,500,000 board feet each year.
                    ``(B) To ensure harvest in an orderly manner, the
                contracting officer shall provide for the construction
                by the purchaser of roads in portions of the 5-year
                increment area of timber in advance of the 5-year
                operating period by including such roads in the
                environmental impact statement prepared for the 5-year
                operating period.
                    ``(C) Timber selected for inclusion in the 5-year
                increment shall meet the mid-market criteria.
            ``(4) Appraisals and rates.--The contracting officer shall
        perform appraisals using normal independent national forest
        timber sale procedures and designate rates for the increments
        of timber to be provided. The rates shall not be designated at
        a level that places the purchaser at a competitive disadvantage
        to a similar enterprise in the Pacific Northwest and those
        rates shall be the sole charges the purchaser shall be required
        to pay for timber provided.
            ``(5) Measurement of proportionality.--The Forest Service
        shall measure proportionality using the following criteria:
                    ``(A) Measure for groups of all contiguous
                management areas.
                    ``(B) Measure proportionality by acres.
                    ``(C) Measure proportionality over the entire
                rotation age.
            ``(6) Conversion or replacement of pulp mill.--The
        purchaser may convert or replace, in part or in whole, its pulp
        mill with a facility the manufactures any other value added
        product that utilizes pulp logs as a raw material component.
            ``(7) Unilateral termination.--The unilateral termination
        clause of the contract is eliminated.
            ``(8) Subsequent modifications.--Any clause in the
        contract, as modified by this subsection, may be further
        modified only by mutual agreement of the Forest Service and the
        purchaser and may be so modified without further Act of
        Congress.
    ``(d) Effective Date for Contract Modification.--
            ``(1) Effective date.--The modifications made by subsection
        (c) shall take effect 45 days after the date of the enactment
        of the Environmental Improvement Timber Contract Extension Act
        of 1996.
            ``(2) Ministerial duty to modify the contract.--Not later
        than such effective date, the contracting officer shall revise,
        as a ministerial function, the text of the contract to conform
        with the modifications made by subsection (c) and implement the
        modified contract. The contracting officer shall make
        conforming changes to provisions of the contract that were not
        modified by subsection (c) in order to ensure that the
        modifications made by such subsection are implemented.
    ``(e) Transition Timber Supply.--Timber volume available or
scheduled to be offered to the purchaser under the contract in effect
on the day before the date of the enactment of the Environmental
Improvement Timber Contract Extension Act of 1996 shall continue to be
offered and scheduled under the contract as modified by subsection (c)
along with such additional timber volume as is necessary to satisfy the
timber volume requirement of 192,500,000 board feet per year.''.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Environmental Justice Act of 1999''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to identify those areas which are subject to the
        highest levels of toxic chemicals, through all media;
            (2) to require the collection of data on environmental
        health effects so that impacts on different individuals or
        groups can be understood;
            (3) to assess the health effects that may be caused by
        emissions in those areas of highest impact;
            (4) to ensure that groups or individuals residing within
        those areas of highest impact have the opportunity to
        participate in developing solutions to environmental and health
        problems confronting their community;
            (5) to promote technologies and practices that reduce or
        eliminate pollution; and
            (6) to promote the development and maintenance of parks and
        green open spaces in polluted communities.

SEC. 3. DEFINITIONS.

    For the purposes of this Act:
            (1) Administrator.--The term ``Administrator'' means the
        Administrator of the United States Environmental Protection
        Agency.
            (2) Environmental high impact area.--The terms
        ``Environmental High Impact Area'' and ``EHIA'' mean the 20
        counties or other geographic units that are designated pursuant
        to section 101.
            (3) Secretary.--The term ``Secretary'' means the Secretary
        of the Department of Health and Human Services.
            (4) Toxic chemicals.--The term ``toxic chemicals'' includes
        all substances as defined in section 101(14) of the
        Comprehensive Environmental Response, Compensation, and
        Liability Act of 1980; any hazardous waste listed or identified
        pursuant to the Solid Waste Disposal Act; any pollutant for
        which air quality standards have been issued pursuant to the
        Clean Air Act; any pollutant for which water quality standards
        have been issued pursuant to the Clean Water Act; any pollutant
        for which a national primary drinking water regulation has been
        issued pursuant to the Safe Drinking Water Act; all materials
        registered pursuant to the Federal Insecticide, Fungicide, and
        Rodenticide Act; and all substances and chemicals subject to
        reporting obligations pursuant to the Emergency Planning and
        Community Right-to-Know Act. The Adminis-

        trator may add other substances as deemed appropriate.
            (5) Toxic chemical facilities.--The term ``toxic chemical
        facilities'' includes all facilities including Federal
        facilities subject to a permit, inspection or review, or
        registration requirement pursuant to the authority of the Solid
        Waste Disposal Act; the Clean Air Act; the Clean Water Act; the
        Federal Insecticide, Fungicide and Rodenticide Act; and the
        OSHA Hazard Communication Standard; as well as any facility
        subject to reporting obligations pursuant to the Emergency
        Planning and Community Right-to-Know Act. The Administrator
        shall have the authority to examine the level of toxic
        chemicals released into the environment by facilities not
        currently subject to Federal review, inspection, or reporting
        requirements if (A) a facility is believed to produce a high
        level of environmental pollution, and (B) the Administrator is
        petitioned by individuals or groups within such EHIA to conduct
        the review.

       TITLE I--IDENTIFICATION OF ENVIRONMENTAL HIGH IMPACT AREAS

SEC. 101. IDENTIFICATION OF ENVIRONMENTAL HIGH IMPACT AREAS.

    (a) Publication of Method.--Within 12 months after the enactment of
this Act, the Administrator shall publish for public comment the method
for selecting the EHIAs.
    (b) Determination of Impacted Areas.--Within 18 months after the
date of enactment of this Act, the Administrator shall publish a list
of 20 Environmental High Impact Areas that are either counties or other
appropriate geographic units in which high levels of chemicals are
present and in which the population is exposed to such chemicals. The
Administrator shall also take into consideration any geographical areas
suggested for review by the Agency for Toxic Substances and Disease
Registry, the National Center for Environmental Health, the National
Center for Health Statistics, other appropriate Federal agencies, and
State and local health authorities.
    (c) Revision and Republication.--The Administrator shall revise and
republish the list described in subsection (a) of this section not less
than every 5 years, using data compiled for that 5-year period.
    (d) Compilation of List.--In selecting a methodology and compiling
or revising the list of EHIAs, the Administrator shall--
            (1) use the most recent data available;
            (2) take into account the relative toxicity of the toxic
        chemicals;
            (3) determine, with the best available data, the actual and
        potential exposures, and toxicity of the toxic chemicals
        present in each impacted area;
            (4) consider and utilize all appropriate data compiled
        pursuant to any environmental regulatory authority and other
        sources, including but not limited to available data on lead-
        based paint and the existence of pollutants from mobile
        sources;
            (5) distinguish between toxic chemicals which are (A) in a
        contained, controlled environment such as barrels, factories,
        warehouses, or lined landfills; and (B) released into the air,
        water, soil or groundwater of the area; and
            (6) take into account the impact of pollution in high
        population density areas.

                   TITLE II--ENFORCEMENT INITIATIVES

SEC. 201. MANDATORY INSPECTION.

    To assure that facilities with the highest potential for release of
toxic chemicals into the environment are operating in compliance with
all applicable environmental, health and safety standards, the
Administrator, and the Assistant Secretary of the Occupational Safety
and Health Administration shall conduct compliance inspections or
reviews of all toxic chemical facilities in Environmental High Impact
Areas subject to their respective jurisdictions within 1 year after the
publication of each list of EHIAs under title I.

                   TITLE III--COMMUNITY PARTICIPATION

SEC. 301. TECHNICAL ASSISTANCE GRANTS.

    The Administrator shall make a technical assistance grant available
to any individual or group of individuals in an EHIA. Such grants shall
be used to seek guidance from independent experts for the purpose of
improving understanding of environmental and health concerns related to
designation as an EHIA. Not more than one grant may be made with
respect to each EHIA, but the grant may be renewed to facilitate public
participation where necessary.

       TITLE IV--IDENTIFICATION AND PREVENTION OF HEALTH IMPACTS

SEC. 401. SECRETARIAL STUDY.

    Within 2 years after the publication of each list of EHIAs under
title I, the Secretary shall issue for public comment a report
identifying the methodology used and nature and extent, if any, of
acute and chronic impacts on human health in EHIAs as compared to non-
EHIAs, including impacts on subgroups within EHIAs. Such impacts shall
include but not be limited to cancer, birth deformities, infant
mortality rates, and respiratory diseases. The report shall be
coordinated by the Administrator of the Agency for Toxic Substances and
Disease Registry and shall involve the community being assessed. The
ATSDR shall work closely with the Directors of the National Institute
for Environmental Health Sciences, the National Center for Health
Statistics, and other appropriate Federal agencies to coordinate the
report, relying on the expertise of leading health and environmental
scientists. The health assessment shall seek to--
            (1) isolate the impacts of environmental pollution;
            (2) segregate the effects of other factors such as health
        care availability or substance abuse or diet;
            (3) evaluate the levels below which release of toxic
        chemicals, either individually or cumulatively, must be reduced
        to avoid adverse impacts on human health; and
            (4) determine the impacts of uncontrolled releases.
In conducting health assessments, the Administrator of the Agency for
Toxic Substances and Disease Registry and other Federal agencies shall
consider: the differential sensitivities to exposures for vulnerable
groups; the effects of low levels of a toxin over a period of time;
cumulative and synergistic effects of multiple toxins; and
methodological issues for studying exposures and diseases among small
numbers of people, including units of measurement and analyses
sensitive to disease clusters; and demographic information relevant for
a determination of environmental justice concerns. As a result of the
report in communities where the Administrator of the Agency for Toxic
Substances Disease Registry has determined that adverse health impacts
exist, the agency shall also make this information readily available to
members of the community by providing information directly to the
affected communities and tribal governments in the Environmental High
Impact Areas.

SEC. 402. MORATORIUM.

    If the report under section 401 finds significant adverse impacts
of environmental pollution on human health in EHIAs, there shall be a
moratorium on the siting or permitting of any new toxic chemical
facility in any EHIA shown to emit toxic chemicals in quantities found
to cause significant adverse impacts on human health. A new toxic
chemical facility may be cited or permitted in such an EHIA during this
period only if the Secretary and Administrator agree that--
            (1) there will be no significant adverse impacts to human
        health;
            (2) the owner or operator of the facility demonstrates that
        the facility has developed a plan to maintain a comprehensive
        pollution prevention program; and
            (3) the facility demonstrates that it will minimize
        uncontrolled releases into the environment.
The moratorium shall continue in effect in such an EHIA until the
Administrator determines, upon petition of any interested party, that
the health-based levels identified pursuant to section 401(5) have been
attained at the EHIA.

                        TITLE V--HEALTH REMEDIES

SEC. 501. HEALTH SCREENING AND TREATMENT GRANTS.

    Within 1 year after the Secretary's biennial health assessment is
released, in EHIAs shown to have adverse health outcomes related to
environmental exposures, the Secretary shall establish a grant program
to make available to public and nonprofit private entities awards for
the purposes of providing community-wide medical screening and
diagnostic services for environmentally related illnesses. Treatment
services shall be provided for community residents with environmentally
related illnesses if they lack private or public health insurance, and
shall continue as long as medically necessary. Following community
screening, the Secretary shall initiate a review of medical services
within EHIAs to determine if the area or population would qualify as
``medically underserved'' or a ``health professional shortage area''.

                     TITLE VI--POLLUTION REDUCTION

SEC. 601. POLLUTION REDUCTION AND PREVENTION GRANTS.

    In EHIAs where the Secretary has determined that adverse health
outcomes are related to environmental exposures, the Administrator
shall immediately take efforts to reduce pollution in the area. The
Administrator shall first make available to States with EHIAs pollution
reduction/prevention grants which will involve community
representatives, public health experts, local business, and government
officials located within the EHIA in developing effective pollution
reduction strategies. If within 1 year, the Administrator determines
that significant steps have not been made to reduce pollution and risk
to human health, the Administrator may take regulatory steps to reduce
pollution in the area.

                  TITLE VII--PROMOTION OF GREEN SPACE

SEC. 701. DEVELOPMENT OF PARKS OR RECREATIONAL AREAS.

    Within 1 year after the Secretary's biennial health assessment is
released, the Secretary of the Interior shall establish a grant program
to make available to local public or nonprofit private entities within
EHIAs awards for the development of parks and recreational spaces, and
provide guidance for promoting environmentally sound use of the land.

                          TITLE VIII--FUNDING

SEC. 801. FUNDING.

    There are authorized to be appropriated to carry out this Act such
sums as may be necessary.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Equal Access to Medicare Options Act
of 2009''.

SEC. 2. GUARANTEED ISSUE OF MEDIGAP POLICIES TO ALL MEDICARE
              BENEFICIARIES.

    (a) In General.--Section 1882(s) of the Social Security Act (42
U.S.C. 1395ss(s)) is amended--
            (1) in paragraph (2)(A), by striking ``65 years of age or
        older and is enrolled for benefits under part B'' and inserting
        ``entitled to, or enrolled for, benefits under part A and
        enrolled for benefits under part B'';
            (2) in paragraph (2)(D), by striking ``who is 65 years of
        age or older as of the date of issuance and''; and
            (3) in paragraph (3)(B)(vi), by striking ``at age 65''.
    (b) Phase-In Authority.--
            (1) In general.--Subject to paragraph (2), the Secretary of
        Health and Human Services may phase in the implementation of
        the amendments made under subsection (a) in such manner as the
        Secretary determines appropriate to minimize any adverse impact
        on individuals enrolled under a Medicare supplemental policy
        prior to the effective date of this Act.
            (2) Limit.--The phase-in period under paragraph (1) shall
        not exceed 5 years.
    (c) Separate Premium Class.--
            (1) In general.--Subject to paragraph (2), any individuals
        enrolled under a Medicare supplemental policy pursuant to the
        amendments made under subsection (a) shall be classified by the
        issuer as part of a separate premium class.
            (2) Limit.--The provision in paragraph (1) shall apply to
        individuals that enroll under a Medicare supplemental policy
        prior to January 1, 2015.
    (d) Additional Enrollment Period for Certain Individuals.--
            (1) One-time enrollment period.--
                    (A) In general.--In the case of an individual
                described in paragraph (2), the Secretary shall
                establish a one-time enrollment period during which
                such an individual may enroll in any Medicare
                supplemental policy of the individual's choosing.
                    (B) Period.--The enrollment period established
                under subparagraph (A) shall begin on the date on which
                the phase-in period under subsection (b) is completed
                and end 6 months after such date.
            (2) Individual described.--An individual described in this
        paragraph is an individual who--
                    (A) is entitled to hospital insurance benefits
                under part A under section 226(b) or section 226A of
                the Social Security Act (42 U.S.C. 426(b); 426-1);
                    (B) is enrolled for benefits under part B of such
                Act (42 U.S.C. 1395j et seq.); and
                    (C) would not, but for the provisions of and
                amendments made by this section, be eligible for the
                guaranteed issue of a Medicare supplemental policy
                under section 1882(s)(2) of such Act (42 U.S.C.
                1395ss(s)(2)).
            (3) Outreach plan.--The Secretary shall develop an outreach
        plan to notify individuals described in paragraph (2) of the
        one-time enrollment period established under paragraph (1).

SEC. 3. GUARANTEED ISSUE OF MEDIGAP POLICIES FOR MEDICARE ADVANTAGE AND
              MEDICAID ENROLLEES.

    (a) In General.--Section 1882(s)(3) of the Social Security Act (42
U.S.C. 1395ss(s)(3)), as amended by section 2, is amended--
            (1) in subparagraph (B), by adding at the end the following
        new clauses:
            ``(vii) The individual was enrolled in a Medicare Advantage
        plan under part C for not less than 12 months and subsequently
        disenrolled from such plan and elects to receive benefits under
        this title through the original Medicare fee-for-service
        program under parts A and B.
            ``(viii) The individual--
                    ``(I) is entitled to, or enrolled for, benefits
                under part A and enrolled for benefits under part B;
                    ``(II) was eligible for medical assistance under a
                State plan or waiver under title XIX and was enrolled
                in such plan or waiver; and
                    ``(III) subsequently lost eligibility for such
                medical assistance.''; and
            (2) by striking subparagraph (C)(iii) and inserting the
        following:
            ``(iii) Subject to subsection (v)(1), for purposes of an
        individual described in clause (vi), (vii), or (viii) of
        subparagraph (B), a Medicare supplemental policy described in
        this subparagraph shall include any Medicare supplemental
        policy.''.
            (3) in subparagraph (E)--
                    (A) in clause (iv), by striking ``and'' at the end;
                    (B) in clause (v), by striking the period at the
                end and inserting a semicolon; and
                    (C) by adding at the end the following new clauses:
            ``(vi) in the case of an individual described in
        subparagraph (B)(vii), the annual, coordinated election period
        (as defined in section 1851(e)(3)(B)) or a continuous open
        enrollment period (as defined in section 1851(e)(2)) during
        which the individual disenrolls from a Medicare Advantage plan
        under part C; and
            ``(vii) in the case of an individual described in
        subparagraph (B)(viii), the period beginning on the date that
        the individual receives a notice of cessation of such
        individual's eligibility for medical assistance under the State
        plan or waiver under title XIX and ending on the date that is
        123 days after the individual receives such notice.''.
    (b) Effective Date.--The amendments made by subsection (a) shall
apply to Medicare supplemental policies effective on or after January
1, 2010.

SEC. 4. ENROLLMENT OF INDIVIDUALS WITH END STAGE RENAL DISEASE IN
              MEDICARE ADVANTAGE.

    (a) In General.--Section 1851(a) of the Social Security Act (42
U.S.C. 1395w-21(a)) is amended by striking paragraph (3) and inserting
the following:
    ``(3) Medicare+Choice Eligible Individual.--In this title, the term
`Medicare+Choice eligible individual' means an individual who is
entitled to benefits under part A and enrolled under part B.''.
    (b) Conforming Amendments.--
            (1) Section 1852(b) of the Social Security Act (42 U.S.C.
        1395w-22(b)) is amended by striking paragraph (1) and inserting
        the following:
    ``(1) Beneficiaries.--A Medicare+Choice organization may not deny,
limit, or condition the coverage or provision of benefits under this
part, for individuals permitted to be enrolled with the organization
under this part, based on any health status-related factor described in
section 2702(a)(1) of the Public Health Service Act. The Secretary
shall not approve a plan of an organization if the Secretary determines
that the design of the plan and its benefits are likely to
substantially discourage enrollment by certain MA eligible individuals
with the organization.''.
            (2) Section 1859(b)(6)(B) of such Act (42 U.S.C. 1395w-
        28(b)(6)(B)) is amended in the second sentence by striking
        ``may waive application of section 1851(a)(3)(B) in the case of
        an individual described in clause (i), (ii), or (iii) of this
        subparagraph and''.
    (c) Effective Date.--The amendments made by this section shall
apply to plan years beginning on or after January 1, 2010.


SECTION 1. EMPLOYER-PROVIDED EDUCATIONAL ASSISTANCE.

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

SEC. 2. DEDUCTION FOR INTEREST ON EDUCATION LOANS.

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

``SEC. 221. INTEREST ON EDUCATION LOANS.

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

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

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

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

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


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Equitable Health Care for Severe
Mental Illnesses Act of 1993''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) American families should have health insurance
        protection for the costs of treating severe mental illnesses
        that is commensurate with the protection provided for other
        illnesses;
            (2) currently, many private health insurance policies and
        public insurance programs discriminate against persons with
        severe mental illnesses by providing more restrictive coverage
        for treatments of those illnesses compared to coverage provided
        for treatments of other medical problems;
            (3) many health insurance plans limit the number of days
        allowed for facility care or limit the number of outpatient
        visits allowed for the treatment of severe mental illnesses
        while providing no limit for the treatment of other physical
        illnesses;
            (4) only 21 percent of all health insurance policies
        provide inpatient coverage for severe mental illnesses
        comparable to coverage for other illnesses, and only 2 percent
        have comparable outpatient coverage;
            (5) only 2 percent of Americans with private health care
        coverage have policies that adequately and fairly cover severe
        mental illnesses;
            (6) over 60 percent of health maintenance and preferred
        provider organizations specifically exclude treatment for those
        with severe mental illnesses;
            (7) private health insurance provides some type of coverage
        for 64 percent of all individuals with severe mental illness,
        but provides only 46 percent of the annual expenditures
        required for the treatment of severe mental illnesses;
            (8) health care reform plans designed to make health care
        more accessible and affordable often incorporate the policies
        that are discriminatory with respect to persons with severe
        mental illnesses which now exist in common private health
        insurance plans;
            (9) unequal health insurance coverage contributes to the
        destructive and unfair stigmatization of persons with severe
        mental illnesses, illnesses that are beyond the control of the
        individuals, just like cancer, diabetes, and other serious
        physical health problems;
            (10) schizophrenia strikes more than 2,500,000 Americans
        over the course of their lifetimes, and approximately 30
        percent of all hospitalized psychiatric patients in the United
        States suffer from this most disabling group of mental
        disorders;
            (11) left untreated, severe mental illnesses are some of
        the most disabling and destructive illnesses afflicting
        Americans;
            (12) studies have found that up to 90 percent of all
        persons who commit suicide suffer from a treatable severe
        mental illness, such as schizophrenia, depression, or manic
        depressive illness;
            (13) some 10 percent of all inmates, or 100,000 people, in
        prisons and jails in the United States suffer from
        schizophrenia or manic-depressive psychosis;
            (14) severe mental illness places an individual at high
        risk for homelessness, as approximately one-third of the
        Nation's 600,000 homeless persons suffer from severe mental
        illnesses;
            (15) many persons suffering from severe mental illnesses
        can be treated effectively but ignorance and stigma continue to
        prevent many mentally ill individuals from obtaining help;
            (16) seventy to 80 percent of those suffering from
        depression respond quickly to treatment and 80 percent of the
        victims of schizophrenia can be relieved of acute symptoms with
        proper medication;
            (17) about 95 percent of what is known about both normal
        and abnormal structure and function of the brain has been
        learned in the last 10 years, but millions of severely mentally
        ill people have yet to benefit from these startling research
        advances in clinical and basic neuroscience;
            (18) ensuring adequate health insurance coverage for the
        treatment of severe mental illnesses can reduce health and
        societal costs by as much as $2,200,000,000 annually by
        preventing more costly interventions in the lives of persons
        with untreated severe mental illnesses and by helping those
        with severe mental illnesses, many of whom are young adults,
        remain productive members of society; and
            (19) legislation to reform the health care system should
        not condone or perpetuate discrimination against persons with
        severe mental illnesses.

SEC. 3. STATEMENT OF POLICY.

    (a) In General.--It is the policy of the United States that--
            (1) persons with severe mental illnesses must not be
        discriminated against in the health care system; and
            (2) health care coverage, whether provided through public
        or private health insurance or any other means of financing,
        must provide for the treatment of severe mental illnesses in a
        manner that is equitable and commensurate with that provided
        for other major physical illnesses.
    (b) Construction.--Subsection (a) shall not be construed to
preclude the adoption of laws or policies requiring or providing for
appropriate and equitable coverage for other mental health services.

SEC. 4. NONDISCRIMINATORY AND EQUITABLE HEALTH CARE COVERAGE.

    With respect to persons with severe mental illnesses, to be
considered nondiscriminatory and equitable under this Act, health care
coverage shall cover services that are essential to the effective
treatment of severe mental illnesses in a manner that--
            (1) is not more restrictive than coverage provided for
        other major physical illnesses;
            (2) provides adequate financial protection to the person
        requiring the medical treatment for a severe mental illness;
        and
            (3) is consistent with effective and common methods of
        controlling health care costs for other major physical
        illnesses.

SEC. 5. COMMITMENT TO POLICY.

    It is the purpose of this Act to commit the Congress and the
Executive Branch to incorporating the policy set forth in section 3
through efforts, including the enactment of legislation, which are
intended to improve access to or control the costs of health care.

SEC. 6. DEFINITION.

    As used in this Act, the term ``severe mental illness'' means an
illness that is defined through diagnosis, disability and duration, and
includes disorders with psychotic symptoms such as schizophrenia,
schizoaffective disorder, manic depressive disorder, autism, as well as
severe forms of other disorders such as major depression, panic
disorder, and obsessive compulsive disorder.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Exclusion and Asylum Reform
Amendments of 1993''.

SEC. 2. ADMISSIONS FRAUD.

    (a) Exclusion for Fraudulent Documents and Failure To Present
Documents.--Section 212(a)(6)(C) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)(6)(C)) is amended--
            (1) by striking ``(C) Misrepresentation'' and inserting in
        lieu thereof the following:
                    ``(C) Fraud, misrepresentation, and failure to
                present documents'';
            (2) by adding at the end the following new clause:
                            ``(iii) Fraudulent documents and failure to
                        present documents.--
                                    ``(I) Any alien who, in seeking
                                entry to the United States or boarding
                                a common carrier for the purpose of
                                coming to the United States, presents
                                any document which, in the
                                determination of the immigration
                                officer, is forged, counterfeit,
                                altered, falsely made, stolen, or
                                inapplicable to the alien presenting
                                the document, or otherwise contains a
                                misrepresentation of a material fact,
                                is excludable.
                                    ``(II) Any alien who, in boarding a
                                common carrier for the purpose of
                                coming to the United States, presents a
                                document that relates or purports to
                                relate to the alien's eligibility to
                                enter the United States, and fails to
                                present such document to an immigration
                                officer upon arrival at a port of entry
                                into the United States, is
                                excludable.''.
    (b) Availability of Asylum and Other Discretionary Relief.--
            (1) Section 208 of the Immigration and Nationality Act (8
        U.S.C. 1158) is amended by adding at the end the following new
        subsection:
    ``(e)(1) Application of Fraud Exclusion.--Notwithstanding
subsection (a) and except as provided in paragraph (2), any alien who
is excludable under section 212(a)(6)(C)(iii) or section
212(a)(7)(A)(i) may not apply for or be granted asylum.
    ``(2) Exception.--The limitation under paragraph (1) shall not
apply if the action upon which the exclusion is based was pursuant to
direct departure from a country in which (A) the alien has a credible
fear of persecution, or (B) there is a significant danger that the
alien would be returned to a country in which the alien would have a
credible fear of persecution.
    ``(3) Definition.--As used in this subsection, the term `credible
fear of persecution' means (A) that it is more probable than not that
the statements made by the alien in support of his or her claim are
true, and (B) that there is a significant possibility, in light of such
statements and of such other facts as are known to the officer about
country conditions, that the alien could establish eligibility as a
refugee within the meaning of section 101(a)(42)(A).''.
            (2) Section 212(c) of the Immigration and Nationality Act
        (8 U.S.C. 1182(c)) is amended in the third sentence by
        inserting before the period ``or to any alien who is excludable
        pursuant to section 212(a)(6)(C)(iii)''.

SEC. 3. INSPECTION AND EXCLUSION BY IMMIGRATION OFFICERS.

    Section 235(b) of the Immigration and Nationality Act (8 U.S.C.
1225(b)) is amended to read as follows:
    ``(b) Inspection and Exclusion by Immigration Officers.--
            ``(1) An immigration officer shall inspect each alien who
        is seeking entry to the United States.
            ``(2)(A) If the examining immigration officer determines
        that an alien seeking entry--
                    ``(i)(I) is excludable under section
                212(a)(6)(C)(iii), or
                    ``(II) is excludable under section 212(a)(7)(A)(i),
                    ``(ii) does not have any reasonable basis for legal
                entry into the United States, and
                    ``(iii) does not indicate an intention to apply for
                asylum under section 208,
        the alien shall be specially excluded from entry into the
        United States without a hearing.
            ``(B) The examining immigration officer shall refer to an
        immigration officer, specially trained to conduct interviews
        and make determinations bearing on eligibility for asylum, any
        alien who is (i) excludable under section 212(a)(6)(C)(iii) or
        section 212(a)(7)(A) (i) and (ii) who has indicated an
        intention to apply for asylum. Such an alien shall not be
        considered to have entered the United States for purposes of
        this Act.
            ``(C) An alien under subparagraph (B) who is determined by
        an immigration officer, specially trained to conduct interviews
        and make determinations bearing on eligibility for asylum, to
        be excludable and ineligible for the exception under section
        208(e)(2), shall be specially excluded and deported from the
        United States without further hearing.
            ``(3)(A) Except as provided in subparagraph (B), if the
        examining immigration officer determines that an alien seeking
        entry is not clearly and beyond a doubt entitled to enter, the
        alien shall be detained for a hearing before an immigration
        judge.
            ``(B) The provisions of subparagraph (A) shall not apply--
                    ``(i) to an alien crewman,
                    ``(ii) to an alien described in paragraph (2)(A) or
                (2)(C), or
                    ``(iii) if the conditions described in section
                273(d) exist.
            ``(4) The decision of the examining immigration officer, if
        favorable to the admission of any alien, shall be subject to
        challenge by any other immigration officer and such challenge
        shall operate to take the alien, whose privilege to enter is so
        challenged, before an immigration judge for a hearing on
        exclusion of the alien.
            ``(5) The Attorney General shall establish procedures that
        ensure that aliens are not specially excluded under paragraph
        (2)(A) without an inquiry into their reasons for seeking entry
        into the United States.
            ``(6)(A) Subject to subparagraph (B), an alien has not
        entered the United States for purposes of this Act unless and
        until such alien has been inspected and admitted by an
        immigration officer pursuant to this subsection.
            ``(B) An alien who (i) is physically present in the United
        States, (ii) has been physically present in the United States
        for a continuous period of one year, and (iii) has not been
        inspected and admitted by an immigration officer may be said to
        have entered the United States without inspection. Such an
        alien is subject to deportation pursuant to section
        241(a)(1)(B).''.

SEC. 4. JUDICIAL REVIEW.

    Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225)
(as amended by section 3) is amended by adding after subsection (c) the
following new subsections:
    ``(d) Habeas Corpus Review.--Notwithstanding any other provision of
law, no court shall have jurisdiction to review, except by petition for
habeas corpus, any determination made with respect to an alien found
excludable pursuant to section 212(a)(6)(C)(iii) or section
212(a)(7)(A)(i). In any such case, review by habeas corpus shall be
limited to examination of whether the petitioner (1) is an alien, and
(2) was ordered excluded from the United States pursuant to section
235(b)(2).
    ``(e) Other Limits on Judicial Review and Action.--Notwithstanding
any other provision of law, no court shall have jurisdiction (1) to
review the procedures established by the Attorney General for the
determination of exclusion pursuant to section 212(a)(6)(C)(iii) or
section 212(a)(7)(A)(i), or (2) to enter declaratory or injunctive
relief with respect to the implementation of subsection (b)(2).
Regardless of the nature of the suit or claim, no court shall have
jurisdiction except by habeas corpus petition as provided in subsection
(d) to consider the validity of any adjudication or determination of
special exclusion or to provide declaratory or injunctive relief with
respect to the special exclusion of any alien.
    ``(f) Collateral Enforcement Proceedings.--In any action brought
for the assessment of penalties for improper entry or re-entry of an
alien under section 275 or 276, no court shall have jurisdiction to
hear claims collaterally attacking the validity of orders of exclusion,
special exclusion, or deportation entered under sections 235, 236, and
242.''.

SEC. 5. CONFORMING AMENDMENTS.

    Section 237(a) of the Immigration and Nationality Act (8 U.S.C.
1227(a)) is amended--
            (1) in the second sentence of paragraph (1) by striking out
        ``Deportation'' and inserting in lieu thereof ``Subject to
        section 235(b)(2), deportation''; and
            (2) in the first sentence of paragraph (2) by striking out
        ``If'' and inserting in lieu thereof ``Subject to section
        235(b)(2), if''.

SEC. 6. ENHANCED PENALTIES FOR CERTAIN ALIEN SMUGGLING.

    Section 274(a)(1) of the Immigration and Nationality Act (8 U.S.C.
1324(a)(1)) is amended by striking ``five years'' and inserting ``ten
years''.

SEC. 7. EFFECTIVE DATE.

    Except as otherwise provided, the amendments made by this Act shall
take effect on the date of the enactment of this Act and shall apply to
aliens who arrive in or seek admission to the United States on or after
such date.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Executive Appointee Ethics
Improvement Act''.

SEC. 2. AMENDMENTS TO SECTION 207 OF TITLE 18.

    (a) Extension of Post-Employment Ban on Lobbying for Certain Former
Government Employees.--Section 207 of title 18, United States Code, is
amended--
            (1) in subsection (c)--
                    (A) in the subsection heading, by striking ``One-
                year'' and inserting ``Two-Year'';
                    (B) in paragraph (1)--
                            (i) by striking ``within 1 year after'' and
                        inserting ``within 2 years after''; and
                            (ii) by striking ``within 1 year before
                        such termination''; and
                    (C) in paragraph (2), by adding at the end the
                following:
            ``(D) Not later than 30 days after a waiver is granted
        under subparagraph (C), the waiver shall be published in the
        Federal Register and accompanied by a signed statement by the
        Director of the Office of Government Ethics describing in
        detail the reasons for providing such waiver unless such a
        description would compromise national security.'';
            (2) in subsection (d)(1), in the matter following
        subparagraph (C), by striking ``within 2 years'' and inserting
        ``within 5 years''; and
            (3) in subsection (d)(2)(A), by striking ``in such
        position'' and all that follows through ``terminated''.
    (b) Lifetime Ban on Representation of Foreign Entities for Certain
High-Level Former Employees.--Section 207(f) of such title is amended--
            (1) in paragraph (1), by inserting ``(or, in the case of an
        individual described in paragraph (2), at any time)'' after
        ``within 1 year'';
            (2) in paragraph (2), by striking ``paragraph (1)'' and
        inserting ``paragraphs (1) and (2)'';
            (3) by redesignating paragraphs (2) and (3) as paragraphs
        (3) and (4); and
            (4) by inserting after paragraph (1) the following new
        paragraph:
            ``(2) Description of individuals subject to lifetime ban.--
        An individual described in this paragraph is any individual who
        was--
                    ``(A) employed in a position described under
                sections 5312 through 5316 of title 5, United States
                Code (relating to the Executive Schedule);
                    ``(B) a limited term appointee, limited emergency
                appointee, or noncareer appointee in the Senior
                Executive Service, as defined under paragraphs (5),
                (6), and (7), respectively, of section 3132(a) of title
                5, United States Code; or
                    ``(C) employed in a position of a confidential or
                policy-determining character under schedule C of
                subpart C of part 213 of title 5 of the Code of Federal
                Regulations.''.

SEC. 3. PROHIBITION ON PARTICIPATION IN MATTER RELATING TO PREVIOUS
              EMPLOYMENT.

    (a) In General.--Chapter 11 of title 18, United States Code, is
amended by inserting after section 219 the following new section:
``Sec. 220. Prohibition on participation in matter relating to previous
              employment
    ``(a) During the 2-year period beginning on the date an individual
is appointed to a covered position at an agency, any such individual
who has not received a waiver under subsection (b)--
            ``(1) who participates in any particular matter involving
        specific parties that is directly and substantially related to
        the individual's former employer or former clients, or
            ``(2) with respect to any such individual who was a
        registered lobbyist under the Lobbying Disclosure Act of 1995,
        or who was not a registered lobbyist under such Act but who
        engaged in lobbying activity as defined in subsection (c),
        during the 2-year period preceding the date of such
        appointment, who--
                    ``(A) participates in any particular matter on
                which the individual made a lobbying contact (in the
                case of a registered lobbyist under such Act), or
                engaged in such activity, during such 2-year period,
                    ``(B) participates in the specific issue area in
                which such particular matter falls, or
                    ``(C) seeks or accepts employment with any agency
                with respect to which the individual made a lobbying
                contact (in the case of a registered lobbyist under
                such Act), or engaged in such activity, during such 2-
                year period,
shall be punished as provided in section 216 of this title.
    ``(b)(1) The Director of the Office of Management and Budget, in
consultation with the Counsel to the President, may waive the
requirements of subsection (a) with respect to any individual covered
by such subsection if the Director certifies, in writing, to the
Committee on Oversight and Government Reform of the House of
Representatives, the Committee on Homeland Security and Governmental
Affairs of the Senate, and the appropriate congressional committees of
jurisdiction, that it is in the public interest to grant the waiver.
    ``(2) For purposes of carrying out paragraph (1)--
            ``(A) the public interest includes exigent circumstances
        relating to public health, public safety, or national security;
            ``(B) de minimis contact with an agency shall be cause for
        a waiver of subsection (a)(2); and
            ``(C) any waiver shall take effect when the certification
        is published in the Federal Register, accompanied by a signed
        statement by the Director describing in detail the reasons for
        providing the waiver unless such a description would compromise
        national security.
    ``(c)(1) In this section, the term `lobbying activity' means, with
respect to an individual, knowingly making, with the intent to
influence, any communication to or appearance before any officer or
employee of the Federal Government on behalf of another person as an
employee of a lobbying firm or lobbying organization, in connection
with any matter on which such person seeks official action by such
officer or employee of the Federal Government. The previous sentence
applies only with respect to an individual who spends greater than 20%
of the individual's time as an employee of a lobbying firm or lobbying
organization engaged in such lobbying activity.
    ``(2) In paragraph (1), the term `lobbying firm' means any firm,
corporation, or limited liability company in which--
            ``(A) employees of the firm in the aggregate make 2 or more
        lobbying contacts at any time on behalf of a particular client;
        and
            ``(B) the firm receives or expects to receive from a
        particular client for matters related to lobbying activities at
        least the amount specified in section 4(a)(3)(A) of the
        Lobbying Disclosure Act of 1995 (2 U.S.C. 1603(a)(3)(A)) in the
        quarterly period during which registration would be made under
        such Act.
    ``(3) In paragraph (1), the term `lobbying organization' includes
any organization in which--
            ``(A) employees of the firm in the aggregate make 2 or more
        lobbying contacts at any time on its behalf; and
            ``(B) the organization expends in connection with lobbying
        activities at least the amount specified in section 4(a)(3)(B)
        of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603(a)(3)(A))
        in the quarterly period during which registration would be made
        under such Act.
    ``(4) In this subsection, the term `employee' has the meaning given
such term in section 3(5) of the Lobbying Disclosure Act of 1995 (2
U.S.C. 1602(5)).
    ``(d) In this section, the following definitions apply:
            ``(1) The term `agency' means an `Executive agency' (as
        that term is defined in section 105 of title 5), the Executive
        Office of the President, the United States Postal Service, and
        the Postal Regulatory Commission, but does not include the
        Government Accountability Office.
            ``(2) The term `covered position'--
                    ``(A) means any--
                            ``(i) full-time, non-career position which
                        requires appointment by the President or Vice-
                        President;
                            ``(ii) non-career position within the
                        Senior Executive Service or other SES-type
                        system; or
                            ``(iii) position that has been excepted
                        from the competitive service by reason of being
                        of a confidential or policymaking character,
                        including positions under schedule C of subpart
                        C of part 213 of title 5 of the Code of Federal
                        Regulations; and
                    ``(B) does not include any individual appointed as
                a member of the Senior Foreign Service or solely as a
                uniformed service commissioned officer.
            ``(3) The term `directly and substantially related to
        former employer or former clients' means matters in which the
        individual's former employer or a former client is a party or
        represents a party.
            ``(4) The term `former client' means any person for whom
        the individual served personally as agent, attorney, or
        consultant, but does include instances where the service
        provided was limited to a speech or similar appearance or
        clients of the individual's former employer to whom the
        individual did not personally provide services.
            ``(5) The term `former employer' means any person for whom
        the individual has within the 2 years prior to the date of
        appointment served as an employee, officer, director, trustee,
        or general partner, but does not include any agency or other
        entity of the Federal Government, Native American tribe, or any
        United States territory or possession.
            ``(6) The term `lobbying contact' has the meaning given
        such term in section 3(8) of the Lobbying Disclosure Act of
        1995 (2 U.S.C. 1602(8)).
            ``(7) The term `particular matter' has the meaning given
        that term in section 207 and section 2635.402(b)(3) of title 5,
        Code of Federal Regulations, or any successor regulation.
            ``(8) The term `participate' means to participate
        personally and substantially.
            ``(9) The term `particular matter involving specific
        parties' has the meaning as set forth in section 2641.201(h) of
        title 5, Code of Federal Regulations, or any successor
        regulation, except that it shall also include any meeting or
        other communication relating to the performance of an
        individual's official duties with a former employer or former
        client, unless the communication applies to a particular matter
        of general applicability and participation in the meeting or
        other event is open to all interested parties.''.
    (b) Clerical Amendment.--The table of sections of chapter 11 of
title 18, United States Code, is amended by inserting after the item
relating to section 219 the following new item:

``220. Prohibition on participation in matter relating to previous
                            employment.''.
    (c) Application.--The amendments made after subsection (a) shall
apply to any individual appointed to a covered position (as that term
is defined in section 220(d)(2) of title 18, United States Code, as
added by such subsection) after the date of enactment of this Act.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Executive Cyberspace Coordination
Act of 2015''.

SEC. 2. NATIONAL OFFICE FOR CYBERSPACE.

    (a) Coordination of Federal Information Policy.--Subchapter II of
chapter 35 of title 44, United States Code, is amended--
            (1) in section 3552(b), by adding at the end the following
        new paragraphs:
            ``(8) The term `Director' means the Director of the
        National Office for Cyberspace.
            ``(9) The term `information infrastructure' means the
        underlying framework that information systems and assets rely
        on in processing, storing, or transmitting information
        electronically.'';
            (2) in section 3553--
                    (A) in subsection(a)--
                            (i) in paragraph (5), by striking ``; and''
                        and inserting a semicolon;
                            (ii) in paragraph (6), by striking the
                        period at the end and inserting a semicolon;
                        and
                            (iii) by inserting after paragraph (6) the
                        following new paragraphs:
            ``(7) reviewing at least annually, and approving or
        disapproving, agency information security programs required
        under section 3554(b);
            ``(8) coordinating the defense of information
        infrastructure operated by agencies in the case of a large-
        scale attack on information infrastructure, as determined by
        the Director;
            ``(9) coordinating information security training for
        Federal employees with the Office of Personnel Management;
            ``(10) ensuring the adequacy of protections for privacy and
        civil liberties in carrying out the responsibilities of the
        Director under this subchapter;
            ``(11) making recommendations that the Director determines
        are necessary to ensure risk-based security of the Federal
        information infrastructure and information infrastructure that
        is owned, operated, controlled, or licensed for use by, or on
        behalf of, the Department of Defense, a military department, or
        another element of the intelligence community to--
                    ``(A) the Director of the Office of Management and
                Budget;
                    ``(B) the head of an agency; or
                    ``(C) to Congress with regard to the reprogramming
                of funds;
            ``(12) ensuring, in consultation with the Administrator of
        the Office of Information and Regulatory Affairs, that the
        efforts of agencies relating to the development of regulations,
        rules, requirements, or other actions applicable to the
        national information infrastructure are complementary;
            ``(13) when directed by the President, carrying out the
        responsibilities for national security and emergency
        preparedness communications described in section 706 of the
        Communications Act of 1934 (47 U.S.C. 606) to ensure
        integration and coordination; and
            ``(14) as assigned by the President, other duties relating
        to the security and resiliency of cyberspace.'';
            (3) by adding at the end of section 3554, the following new
        subsection:
    ``(f) Budget Assessment and Reporting.--
            ``(1) Agency submission.--The head of each agency shall
        submit to the Director a budget each year for the following
        fiscal year relating to the protection of information
        infrastructure for such agency, by a date determined by the
        Director that is before July 1 of each year. Such budget shall
        include--
                    ``(A) a review of any threats to information
                technology for such agency;
                    ``(B) a plan to secure the information
                infrastructure for such agency based on threats to
                information technology, using the National Institute of
                Standards and Technology guidelines and
                recommendations;
                    ``(C) a review of compliance by such agency with
                any previous year plan described in subparagraph (B);
                and
                    ``(D) a report on the development of the
                credentialing process to enable secure authentication
                of identity and authorization for access to the
                information infrastructure of such agency.
            ``(2) Assessment and certification.--The Director shall
        assess and certify the adequacy of each budget submitted under
        paragraph (1).
            ``(3) Agency recommendations.--Not later than July 1 of
        each year, the Director shall submit to the head of each agency
        budget recommendations, including requests for specific
        initiatives that are consistent with the priorities of the
        President relating to the protection of information
        infrastructure. Such budget recommendations shall--
                    ``(A) apply to the next budget year scheduled for
                formulation under chapter 11 of title 31, and each of
                the 4 subsequent fiscal years; and
                    ``(B) address funding priorities developed in the
                National Office for Cyberspace.
            ``(4) Recommendations to the president.--The Director shall
        make recommendations to the President that the Director
        determines are appropriate regarding changes in the
        organization, management, and budget of each agency relating to
        the protection of information infrastructure in each such
        agency, and changes in the allocation of personnel to and
        within such agency, including monetary penalties or incentives
        necessary to encourage and maintain accountability of any
        agency, or senior agency official, for efforts to secure the
        information infrastructure of such agency.''; and
            (4) by adding at the end the following new section:
``Sec. 3559. National Office for Cyberspace
    ``(a) Establishment.--There is established within the Executive
Office of the President an office to be known as the National Office
for Cyberspace.
    ``(b) Director.--
            ``(1) In general.--There shall be at the head of the
        National Office for Cyberspace a Director, who shall be
        appointed by the President by and with the advice and consent
        of the Senate. The Director of the National Office for
        Cyberspace shall administer all functions designated to such
        Director under section 3553 and collaborate to the extent
        practicable with the heads of appropriate agencies, the private
        sector, and international partners. The Office shall serve as
        the principal office for coordinating issues relating to
        cyberspace, including achieving an assured, reliable, secure,
        and survivable information infrastructure and related
        capabilities for the Federal Government, while promoting
        national economic interests, security, and civil liberties.
            ``(2) Basic pay.--The Director of the National Office for
        Cyberspace shall be paid at the rate of basic pay for level III
        of the Executive Schedule.
    ``(c) Staff.--The Director of the National Office for Cyberspace
may appoint and fix the pay of additional personnel as the Director
considers appropriate.
    ``(d) Experts and Consultants.--The Director of the National Office
for Cyberspace may procure temporary and intermittent services under
section 3109(b) of title 5.''.
    (b) Technical and Conforming Amendments.--The table of sections for
subchapter II of chapter 35 of title 44, United States Code, is amended
by adding at the end the following:

        ``3559. National Office for Cyberspace.''.
    (c) National Strategy Required.--Not later than one year after the
date of the enactment of this Act, the Director of the National Office
for Cyberspace shall establish a national strategy for improving agency
information security.
    (d) Effective Date.--This section, and the amendments made by this
section, shall take effect 180 days after the date of the enactment of
this Act.