Congressional Record, Volume 160 Issue 134 (Thursday, September 18, 2014)

[Congressional Record Volume 160, Number 134 (Thursday, September 18, 2014)]
[Senate]
[Pages S5787-S5796]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Mr. KAINE (for himself, Ms. Baldwin, and Mr. Portman):
S. 2867. A bill to amend the Higher Education Act of 1965 to provide
for the preparation of career and technical education teachers; to the
Committee on Health, Education, Labor, and Pensions.
Mr. KAINE. Mr. President, school districts across the nation are
facing serious shortages in high-quality career and technical
education, CTE, teachers. When CTE teachers have real-world experience
in a related industry before entering the classroom, students not only
benefit from their hands-on knowledge, but also look to them as career
role models. Through grant in the Higher Education and Opportunity Act
of 2008, many teacher residency partnerships already exist between
postsecondary institutions and local schools to train prospective
educators, but none are CTE focused.
This is why I am pleased to introduce with my colleagues, Senator
Baldwin and Senator Portman, the Creating Quality Technical Educators
Act, which would create a CTE teacher-training grant partnership to
give aspiring CTE teachers the preparation necessary to mirror their
success in the business world with that in the classroom. The Creating
Technical Education Act will foster CTE teacher training partnerships
between high-needs secondary schools and postsecondary institutions to
create a 1-year residency initiative for prospective teachers and
includes teacher mentorship for a minimum of 2 years.
This bipartisan bill amends the Higher Education Act and would give
aspiring CTE teachers the experience necessary to succeed in the
classroom,

[[Page S5788]]

where students can benefit from their work experience and credibility.
The Creating Quality Technical Educators Act would take a robust
proactive approach to recruit and train high-quality CTE teachers. In
addition to midcareer professionals in related technical fields, CTE
teacher residencies would target candidates who are recent college
graduates or veterans or currently licensed teachers with a desire to
transition to a CTE focus.
I am pleased we are beginning to see a renaissance of interest in
career and technical education, but we have to recruit and train
talented teachers to meet this rising demand for CTE. The Creating
Quality Technical Educators Act will take an important step to ensure
students in communities of all sizes have access to high-quality CTE
teachers and career-training programs.
______

By Mr. REED (for himself, Mr. Levin, Mr. Markey, Mrs. Shaheen,
and Ms. Warren):
S. 2868. A bill to establish a statute of limitations for certain
actions of the Securities and Exchange Commission, and for other
purposes; to the Committee on Banking, Housing, and Urban Affairs.
Mr. REED. Mr. President, today I am introducing legislation that
extends the time period the Securities and Exchange Commission, SEC,
would have to seek civil monetary penalties for securities law
violations.
This legislation is necessary in light of the Supreme Court's
decision in Gabelli v. SEC in which the Court held that the 5 year
clock to take action aginst wrongdoing starts when the fraud occurs,
not when it is discovered. In effect, Gabelli has made the SEC's job of
protecting investors even tougher by shortening the amount of time that
the SEC has to investigate and pursue securities law violations.
Financial fraud has evolved significantly over the years and now
involves multiple parties, complex financial products, and elaborate
transactions that are executed in a variety of securities markets, both
domestic and foreign. As a result, many of the critical facts necessary
to initiate an action may go undetected for years. Securities law
violators may simply run out the clock, now with greater ease in the
aftermath of Gabelli.
Couple this with the fact that while we have given the SEC even
greater responsibilities, Congress, despite my ongoing efforts to urge
otherwise, has not provided the agency with all the resources necessary
to carry out its duties. SEC Chair White recently testified before the
Banking Committee that ``if the SEC does not receive sufficient
additional resources, the agency will be unable to fully build out its
technology and hire the industry experts and other staff needed to
oversee and police our areas of responsibility, especially in light of
the expanding size and complexity of our overall regulatory space.''
To give just one example of the impact of this resource shortfall,
Chair White also testified that ``in 2004, the SEC had 19 examiners per
trillion dollars in investment adviser assets under management. Today,
we have only 8.''
This legislation would address these challenges by giving the SEC the
breathing room it needs to better police our markets and protect
investors. Specifically, this bill extends the time period the SEC has
to seek civil monetary penalties from five years to ten years, thereby
strengthening the integrity of our markets, better protecting public
investors, and empowering the SEC to investigate and pursue more
securities law violators, particularly those most sophisticated at
evading detection.
In so doing, the bill would align the SEC's statute of limitations
with the limitations period applicable to complex civil financial fraud
actions initiated pursuant to the Financial Institutions Reform,
Recovery, and Enforcement Act of 1989, FIRREA. For over 2 decades, the
Department of Justice has benefited from FIRREA, which allows the DOJ
to seek civil penalties within a 10-year time period against persons
who have committed fraud against financial institutions. The SEC, which
pursues similarly complex financial fraud cases, should have the same
time necessary to bring wrongdoers that violate the securities laws to
justice.
I urge my colleagues to join me in supporting this legislation.
______

By Mr. ROCKEFELLER:
S. 2880. A bill to amend the Internal Revenue Code of 1986 to provide
a tax incentive to individuals teaching in elementary and secondary
schools located in rural or high unemployment areas and to individuals
who achieve certification from the National Board for Professional
Teaching Standards, and for other purposes; to the Committee on
Finance.
Mr. ROCKEFELLER. Mr. President, today, I rise to reintroduce the
Incentives to Educate American Children, or I TEACH, Act of 2014. With
teacher retention rates on a steady decline nationwide, it is my hope
that this legislation will encourage our best and brightest teachers to
remain in the classroom.
In the past two decades, the number of years of experience for the
average teacher has decreased from 15 years to 5 years. Almost half of
our education workforce today has less than ten years of experience.
This is partly because teachers continue to be paid less than those
employed in other fields, earning approximately 79 percent of the
average wage of other workers with a bachelor's degree. In addition,
their salaries have remained static since 2009, with the average
starting salary for a new teacher estimated at just $36,141. At the
same time, college debt levels continue to increase. The average
student graduating in 2014 had $33,000 worth of student debt, making it
difficult for young, eager graduates to pursue a career in teaching
while paying down student loans and other living expenses.
No dedicated young person should have to decide that they simply
cannot ``afford'' to be a teacher, but this happens. If passed, the I
TEACH Act would invest in our most critical educators by providing a
$1,000 refundable tax credit to teachers serving in rural or high
poverty schools. It would also provide every teacher, regardless of
school or district, the chance to earn a $1,000 refundable tax credit
if they receive accreditation from the National Board for Professional
Teaching Standards. This means that a National Board Teacher in a rural
or high poverty school would be eligible to receive $2,000 in
refundable tax credits.
In doing so, the I TEACH Act will provide meaningful incentives to
teachers willing to serve in rural or high poverty schools, as well as
rewarding quality teachers for staying in the classroom and continuing
their professional development by earning National Board certification.
Today, the majority of States see the value in this effort, providing
some type of financial incentive to National Board certified teachers,
and this refundable tax credit will work in tandem with those efforts.
My home State of West Virginia, for example, offers a $3,500 bonus for
National Board teachers. If I TEACH is enacted, a National Board
teacher in my State would receive a nearly 12 percent bonus. That is a
clear sign of appreciation for their hard work and a meaningful
incentive to continue teaching.
Our teachers are among the most important members of our society.
They inspire and educate our children, preparing the next generation
for success. They deserve our respect and full support, and that is why
I urge my colleagues to work with me to enact I TEACH and invest in our
children's education.
______

By Mr. McCONNELL:
S. 2882. A bill to amend the Internal Revenue Code of 1986 to allow
certain individuals a credit against income tax for contributions to
529 plans, and for other purposes; to the Committee on Finance.
Mr. McCONNELL. Mr. President, today I am proud to offer legislation
that will make it easier for American families to pay for their child's
higher education. This legislation is the Enhanced 529-Setting Aside
for a Valuable Education, or Enhanced 529-SAVE, Act. This measure will
make the 529 college savings plans more accessible to lower and middle-
income families.
A 529 plan is a tax-advantaged savings plan that is designed to
encourage Americans to save for future college costs. 529 plans can be
sponsored by states, state agencies, or educational institutions and
they are authorized by Section 529 of the Internal Revenue

[[Page S5789]]

Code. I championed efforts to ensure that 529 plans would be 100
percent tax-free at the Federal level. In 2001, I authored the Setting
Aside for Valuable Education, or SAVE, Act, which was included in a tax
package that became law. In 2006, I helped make the tax benefits under
these accounts permanent.
The Enhanced 529-SAVE Act will make 529 plans more accessible by
encouraging employers to contribute to an employee's 529 plan. My bill
would exclude up to $600 of an employer's contribution from an
employee's gross income. This will help families and individuals save
more for higher education expenses.
The Enhanced 529-SAVE Act will also create an incentive for lower-
income families and individuals to save money for college by allowing
the individual that contributes to the 529 plan to qualify for the
Saver's Credit, which is an income-based, non-refundable tax credit up
to $4,000.
The Enhanced 529-SAVE Act is similar to H.R. 529, introduced in the
House of Representatives by Congresswoman Lynn Jenkins of Kansas. I
want to commend her for her leadership on this important issue. I urge
my colleagues to consider and pass the Enhanced 529-SAVE Act, and I
look forward to its eventual passage.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 2882

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Enhanced 529 - Setting Aside
for a Valuable Education Act'' or the ``Enhanced 529 -
S.A.V.E. Act''.

SEC. 2. CREDIT FOR CONTRIBUTIONS TO 529 PLANS.

(a) In General.--Paragraph (1) of section 25B(d) of the
Internal Revenue Code of 1986 is amended by striking ``and''
at the end of subparagraph (B)(ii), by striking the period at
the end of subparagraph (C) and inserting ``, and'', and by
adding at the end the following new subparagraph:
``(D) the amount of the contributions to qualified tuition
programs described in paragraph (2) made by the eligible
individual.''.
(b) Contributions to Qualified Tuition Programs.--
Subsection (d) of section 25B of the Internal Revenue Code of
1986 is amended by redesignating paragraph (2) as paragraph
(3) and by inserting after paragraph (1) the following new
paragraph:
``(2) Contributions to qualified tuition programs.--
``(A) In general.--The term `contributions to qualified
tuition programs' means any purchase or contribution
described in paragraph (1)(A) of section 529(b) to a
qualified tuition program (as defined in such section) if--
``(i) the eligible individual has the power to authorize
distributions and otherwise administer the account, and
``(ii) the designated beneficiary of such purchase or
contribution is the eligible individual, the eligible
individual's spouse, or an individual with respect to whom
the eligible individual is allowed a deduction under section
151.
``(B) Limitation based on compensation.--The amount treated
as a qualified savings contribution by reason of subparagraph
(A) for any taxable year shall not exceed the sum of--
``(i) the compensation (as defined in section 219(f)(1))
includible in the eligible individual's gross income for the
taxable year, and
``(ii) the amount excluded from the eligible individual's
gross income under section 112 (relating to combat pay) for
such year.
``(C) Determination of adjusted gross income.--Solely for
purposes of determining the applicable percentage under
subsection (b) which applies with respect to the amount
treated as contributions to qualified tuition programs,
adjusted gross income (determined without regard to this
subparagraph) shall be increased by the excess (if any) of--
``(i) the social security benefits received during the
taxable year (within the meaning of section 86), over
``(ii) the amount included in gross income for such year
under section 86.''.
(c) Conforming Amendments.--
(1) Section 25B of the Internal Revenue Code of 1986 is
amended by striking ``qualified retirement savings'' each
place it appears and inserting ``qualified savings''.
(2) The heading of subsection (d) of section 25B of such
Code is amended by striking ``Retirement''.
(3) Subparagraph (A) of section 25B(d)(3) of such Code, as
redesignated by subsection (a), is amended--
(A) by striking ``paragraph (1)'' the first place it
appears and inserting ``paragraph (1) or (2)'', and
(B) by striking ``paragraph (1)'' the second place it
appears and inserting ``paragraph (1), or (2), as the case
may be,''.
(4) The heading for section 25B of such Code is amended by
striking ``and ira contributions'' and inserting ``, ira
contributions, and qualified tuition program contributions''.
(5) The table of sections for subpart A of part IV of
subchapter A of chapter 1 of such Code is amended by striking
the item relating to section 25B and inserting the following
new item:

``Sec. 25B. Elective deferrals, IRA contributions, and qualified
tuition program contributions by certain individuals.''.

(d) Effective Date.--The amendments made by this section
shall apply to contributions made after December 31, 2014, in
taxable years ending after such date.

SEC. 3. EXCLUSION FROM GROSS INCOME FOR EMPLOYER
CONTRIBUTIONS TO QUALIFIED TUITION PROGRAMS.

(a) In General.--Part III of subchapter B of chapter 1 of
the Internal Revenue Code of 1986 is amended by inserting
after section 127 the following new section:

``SEC. 127A. EMPLOYER CONTRIBUTIONS TO QUALIFIED TUITION
PROGRAMS.

``(a) In General.--Gross income of an employee does not
include amounts paid by the employer as contributions to a
qualified tuition program held by the employee or spouse of
the employee if the contributions are made pursuant to a
program which is described in subsection (c).
``(b) Maximum Exclusion.--The amount excluded from the
gross income of an employee under this section for the
taxable year shall not exceed $600.
``(c) Qualified Tuition Assistance Program.--For purposes
of this section, a qualified tuition assistance program is a
separate written plan of an employer for the benefit of such
employer's employees--
``(1) under which the employer makes matching contributions
to qualified tuition programs of--
``(A) such employees,
``(B) their spouses, or
``(C) any individual with respect to whom such an employee
or spouse--
``(i) is allowed a deduction under section 151, and
``(ii) has the power to authorize distributions and
otherwise administer such individual's account under the
qualified tuition program, and
``(2) which meets requirements similar to the requirements
of paragraphs (2), (3), (4), (5), and (6) of section 127(b).
``(d) Definitions and Special Rules.--For purposes of this
section--
``(1) Qualified tuition program.--The term `qualified
tuition program' means a qualified tuition program as defined
in section 529(b).
``(2) Employee and employer.--The terms `employee' and
`employer' shall have the meaning given such terms by
paragraphs (2) and (3), respectively, of section 127(c).
``(3) Applicable rules.--Rules similar to the rules of
paragraphs (4), (5), (6), and (7) of section 127(c) shall
apply.
``(e) Inflation Adjustment.--
``(1) In general.--In the case of any taxable year
beginning in a calendar year after 2015, the $600 amount
contained in subsection (b)(1) shall be increased by an
amount equal to--
``(A) such dollar amount, multiplied by
``(B) 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 2014'
for `calendar year 1992' in subparagraph (B) thereof.

Any increase determined under the preceding sentence shall be
rounded to the nearest multiple of $50.
``(f) Cross Reference.--For reporting and recordkeeping
requirements, see section 6039D.''.
(b) Exclusion From Employment Taxes.--
(1) Sections 3121(a)(18), 3306(b)(13), and 3401(a)(18) of
such Code are each amended by inserting ``, 127A'' after
``127'' each place it appears.
(2) Section 3231(e)(6) of such Code is amended by striking
``section 127'' and inserting ``section 127 or 127A''.
(c) Reporting and Recordkeeping Requirements.--Section
6039D(d)(1) of such Code is amended by inserting ``, 127A''
after ``127''.
(d) Other Conforming Amendments.--
(1) Sections 125(f), 414(n)(3)(C), and 414(t)(2) of such
Code are each amended by inserting ``, 127A'' after ``127''
each place it appears.
(2) Section 132(j)(8) of such Code is amended by striking
``section 127'' and inserting ``section 127 or 127A''.
(3) Section 1397(a)(2)(A) of such Code is amended by
inserting at the end the following new clause:
``(iii) Any amount paid or incurred by an employer which is
excludable from the gross income of an employee under section
127A, but only to the extent paid or incurred to a person not
related to the employer.''.
(4) Section 209(a)(15) of the Social Security Act (42
U.S.C. 409(a)(15)) is amended by striking ``or 129'' and
inserting ``, 127A, or 129''.
(e) Clerical Amendment.--The table of sections for part III
of subchapter B of chapter 1 of such Code is amended by
inserting after the item relating to section 127 the
following new item:

``Sec. 127A. Employer contributions to qualified tuition programs.''.

(f) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after the date of the
enactment of this Act.
______

By Mr. HARKIN:

[[Page S5790]]

S. 2887. A bill to expand access to transportation services for
individuals with disabilities; to the Committee on Finance.
Mr. HARKIN. Mr. President, 24 years ago, Congress passed the
Americans with Disabilities Act. I will never forget the day, July 26,
1990, the ADA was signed into law. It was one of the proudest days of
my legislative career.
The ADA set forth four great goals for individuals with
disabilities--equality of opportunity, full participation, independent
living, and economic self-sufficiency. In many ways, we have been
successful in making progress toward these goals. We have increased the
accessibility of our buildings, our streets, even our parks, beaches
and recreation areas. We have made our books and TVs, phones,
computers, and other technology more accessible. And for many Americans
with disabilities, our workplaces have become increasingly more open
and accessible.
America is far more inclusive, today, for individuals with
disabilities. But our work is still far from complete.
According to new data released this week, almost 30 percent of people
with disabilities are living in poverty, and fewer than one in three
individuals with a disability participate in the workforce. This is
further evidence that we are far from realizing the ADA's goal of
economic self-sufficiency for all people with disabilities.
Today, the Health, Education, Labor, and Pensions Committee, which I
chair, released a report titled ``Fulfilling the Promise: Overcoming
Persistent Barriers to Economic Self-Sufficiency for People with
Disabilities.'' In our report, we detail many of the barriers that
adversely impact the economic well-being of individuals with
disabilities--including the lack of accessible transportation and the
lack of accessible housing. These barriers don't only affect
individuals with disabilities who are living in poverty; they also
impact individuals with disabilities who are striving to reach the
American dream as members of the middle class.
That is why, today, I am introducing three bills that I believe will
begin to address these barriers to individuals with disabilities, S.
2887, S. 2888, and S. 2889. The first bill, the Universal Home Design
Act, will increase the availability of accessible housing for
individuals with disabilities. The second, the Accessible
Transportation for All Act, will increase the availability of
accessible passenger cars and taxis. The third, the Exercise and
Fitness for All Act, will increase the availability of exercise and
fitness equipment that is accessible to individuals with disabilities,
which will help individuals with disabilities maintain and improve
their health through appropriate physical activity.
I am confident that these three bills, along with the Community
Integration Act, and the recently passed Workforce Innovation and
Opportunity Act, will help provide the framework for a future of
continued opportunities, inclusion and advancement for individuals with
disabilities in America. I urge my Senate colleagues to support these
important bills.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 2887

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Accessible Transportation
for All Act''.

SEC. 2. DEFINITIONS.

In this Act:
(1) Accessible vehicle for hire.--The term ``accessible
vehicle for hire'' means a vehicle used in a demand
responsive system by private entities to provide non-fixed
route transportation service, including taxi service and
transportation network operator vehicles, which--
(A) is designed to enable persons who use wheelchairs or
other mobility devices to be transported, and to remain in
their wheelchairs or other mobility devices if they so
choose; and
(B) affords independent access for people with disabilities
to all in-vehicle functions generally available to other
passengers in such vehicles, including credit card payment
devices.
(2) Accessible passenger car.--The term ``accessible
passenger car'' means a passenger car that is designed to
enable persons who use wheelchairs or other mobility devices
as a result of a significant mobility impairment--
(A) to independently enter and exit the car via a ramp,
lift, or similar device that permits access to the driver's
seat, while remaining in a manual wheelchair, power
wheelchair, or other mobility device;
(B) to safely store a wheelchair or other mobility device
in the car, if desired; and
(C) to independently operate the car, including through
using hand controls or other optional modifications.
(3) Accessible taxi vehicle.--The term ``accessible taxi
vehicle'' means an accessible vehicle for hire operated by a
taxi company or other company that provides immediate service
through on-street hailing or on-demand dispatch by telephone
or electronic means.
(4) Administration.--The term ``Administration'' means the
Federal Transit Administration.
(5) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Transit Administration.
(6) Discriminatory terms or conditions.--The term
``discriminatory terms or conditions'' includes--
(A) denial of participation (as described in section
302(b)(1)(A)(i) of the Americans with Disabilities Act of
1990 (42 U.S.C. 12182(b)(1)(A)(i)));
(B) participation in an unequal benefit (as described in
section 302(b)(1)(A)(ii) of such Act);
(C) the imposition or application of eligibility criteria
described in section 302(b)(2)(A)(i) of such Act;
(D) a failure to make reasonable accommodations in
policies, practices, or procedures (as described in section
302(b)(2)(A)(ii) of such Act);
(E) imposing a surcharge for the use of an accessible taxi
or an accessible for-hire vehicle by a person with a
disability; and
(F) failing to permit an individual with a disability with
his service animal.
(7) For hire transportation company.--The term ``for hire
transportation company'' means a public or private entity
operating a demand responsive system, including a taxi
service, a transportation network company, or other public or
private entity providing transportation or access to non-
fixed route transportation services.
(8) Passenger car.--The term ``passenger car'' has the
meaning given the term ``passenger automobile'' in section
32901(a) of title 49, United States Code.
(9) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(10) Transportation network company.--The term
``transportation network company'' means a company that uses
a digital network, a software application, or other means to
connect a passenger to transportation network services
provided by a transportation network operator.
(11) Transportation network operator.--The term
``transportation network operator'' means an individual who
operates a motor vehicle that is--
(A) owned or leased by the individual;
(B) not licensed as a taxi or other public vehicle for
hire; and
(C) used to provide services through a transportation
network or transportation network company.

SEC. 3. ACCESSIBILITY AND NONDISCRIMINATION.

(a) Adequate Provision of Accessible Vehicles.--Any person
who owns, leases, operates, or arranges for the operation of
transportation services to members of the public through a
for hire transportation company, taxi service, or
transportation network company shall provide, or arrange for,
the adequate provision of accessible vehicles for hire to
serve individuals with disabilities who require such
services.
(b) Rights of Disabled Individuals.--An individual with a
disability may not, as a result of such disability--
(1) be denied full and equal access to appropriate and
useable transportation by a person providing transportation
services, including services--
(A) through a transportation network company;
(B) through a for hire transportation company;
(C) through a taxi service; or
(D) by a driver, owner, or operator of a taxi vehicle; or
(2) be subject to discriminatory terms or conditions by any
person who owns, leases, or operates a transportation
vehicle, or arranges for such transportation services, to
members of the public, including the services set forth in
subparagraphs (A) through (D) of paragraph (1).
(c) Applicable Remedies and Procedures.--The remedies and
procedures set forth in sections 308(a) and 505 of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12188(a)
and 12205) shall be available to any person aggrieved by the
failure of a person to comply with this section.

SEC. 4. MODEL ACCESSIBLE TAXI COMPETITION.

[[Page S5791]]

be manufactured for an amount not to exceed the sum of the
average manufacturing cost of a minivan that is generally
available for purchase by consumers in the United States.
(b) Eligible Competitors.--Any automobile manufacturer that
manufacturers vehicles for sale in the United States may
submit a proposal for the competition authorized under this
section, regardless of size.
(c) Guidelines.--
(1) In general.--The Administration shall establish
guidelines for the competition authorized under this section
in accordance with paragraphs (2) through (5).
(2) Cost.--A proposal may not be selected for a cash prize
under subsection (d) unless the Administrator determines that
the cost for manufacturing the proposed accessible taxi
vehicle does not exceed the average manufacturing cost of a
minivan that is generally available for purchase by consumers
in the United States.
(3) Collaboration requirement.--Each proposal submitted
under this section shall represent designs collaboratively
developed by--
(A) an eligible automobile manufacturer; and
(B) at least 1 national organization serving people with
disabilities.
(4) Adoptability.--Proposals submitted under this section
shall be judged on whether the design for an accessible taxi
vehicle represents a design that a local taxi commission
could realistically adopt. The Administrator shall encourage
competitors to seek feedback on their designs from members of
a local taxi commission before such submission.
(5) Vehicle attributes.--Each proposal submitted under this
section shall describe the specifications of the proposed
accessible taxi vehicle, including--
(A) accessibility features and the extent to which such
features allow for the full inclusion of individuals with
various disabilities;
(B) estimated highway and city fuel economy;
(C) the cost of the vehicle;
(D) the extent to which the vehicle provides adequate space
for passengers and any mobility devices, including
wheelchairs;
(E) the relative comfort provided for passengers with
disabilities and others; and
(F) available luggage or storage space.
(d) Selection.--The Administrator shall convene a selection
panel to select the winning proposals for the competition
that includes representatives from the taxi industry, the
for-hire transportation industry, and the disability
community.
(e) Payment.--
(1) In general.--The Administrator shall award automobile
manufacturers that are selected pursuant to subsection (d)
with cash prizes in an amount to be determined by the
Administrator.
(2) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section.

SEC. 5. MODEL ACCESSIBLE PASSENGER CAR COMPETITION.

(a) In General.--
(1) Competition authorized.--Not later than 180 days after
the date of the enactment of this Act, the Administrator
shall organize a national competition to design 1 or more
model accessible passenger cars.
(2) Purpose.--The purpose of the competition under this
section shall be to develop 1 or more designs for an
accessible passenger car which, without additional
modification--
(A) can be manufactured for an amount not to exceed 75
percent of the average manufacturing cost of a passenger car
that is available for purchase by consumers in the United
States; and
(B) can be sold to the public for an amount not to exceed
75 percent of the average sale price of a new passenger car
that is available for purchase by consumers in the United
States.
(b) Eligible Competitors.--Any automobile manufacturer that
manufacturers passenger cars for sale in the United States
may submit a proposal for the competition authorized under
this section, regardless of size.
(c) Guidelines.--
(1) In general.--The Administrator shall establish
guidelines for the competition authorized under this section
in accordance with paragraphs (2) through (5).
(2) Cost.--A proposal may not be selected for a cash prize
under subsection (d) unless the Administrator determines
that--
(A) the cost for manufacturing the proposed accessible
passenger car does not exceed 75 percent of the average
manufacturing cost of a passenger car that is generally
available for purchase by consumers in the United States; and
(B) the sale price of the proposed accessible passenger car
will not to exceed 75 percent of the average sale price of a
new passenger car that is available for purchase by consumers
in the United States.
(3) Collaboration requirement.--Each proposal submitted
under this section shall represent designs collaboratively
developed by--
(A) an eligible automobile manufacturer;
(B) a postsecondary school of design; and
(C) at least 1 national organization serving people with
disabilities.
(4) Standards.--Proposals submitted under this section
shall meet the general requirements set by the Department of
Transportation for all passenger cars available for purchase
in the United States.
(5) Vehicle attributes.--Each proposal submitted under this
section shall describe the specifications of the proposed
accessible passenger car, including--
(A) the extent to which the car meets the requirements of
an accessible passenger car set forth in subsection (a)(2);
(B) estimated highway and city fuel economy;
(C) the cost of the vehicle;
(D) the extent to which the vehicle provides adequate space
for using and storing mobility devices, including
wheelchairs;
(E) whether the car includes hand controls, either as
standard equipment or as an option available from the
manufacturer;
(F) the ease and comfort with which drivers with
disabilities can enter and exit the car;
(G) the ease with which drivers with disabilities can reach
and utilize car controls;
(H) the ease of making additional modifications to the car,
if necessary; and
(I) available luggage or storage space.
(d) Selection.--The Administrator shall convene a selection
panel to select the winning proposals for the competition
that includes representatives from the automobile industry
and the disability community.
(e) Payment.--
(1) In general.--The Administrator shall award cash prizes,
in an amount to be determined by the Administrator, to the
automobile manufacturers, post secondary schools of design,
and disability organizations that collaborated on a design
that was selected under subsection (d).
(2) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section.

SEC. 6. ACCESSIBLE TAXI AND FOR-HIRE TRANSPORTATION BOARD.

(a) Establishment.--Chapter 1 of subtitle I of title 49,
United States Code, is amended by adding at the end the
following:

``Sec. 116. Accessible Taxi and For-Hire Transportation Board

``(a) In General.--There is established in the
Administration an Accessible Taxi and For-Hire Transportation
Board (referred to in this section as the `Board').
``(b) Membership.--The Board shall be composed of 9
members, who shall be appointed as follows:
``(1) Public members.--
``(A) In general.--The Secretary of Transportation shall
appoint 5 people with disabilities to the Board, including--
``(i) at least 1 person who uses a wheelchair for mobility;
``(ii) at least 1 person who is deaf or hard of hearing;
``(iii) at least 1 person who is blind or visually
impaired; and
``(iv) at least 1 person with an intellectual disability or
a developmental disability.
``(B) Term.--Each public member appointed under this
paragraph shall be appointed for a 2-year term.
``(2) Administration representatives.--The Administrator
shall designate 2 officials of the Administration to
represent the Administration on the Board.
``(3) Taxi industry members.--The Secretary shall appoint 2
members from the taxi and for-hire transportation industry to
the Board.
``(c) Chairperson.--The Secretary shall designate a
Chairperson of the Board from among the appointed public
members of the Board.
``(d) Meetings.--The Board shall meet at the call of the
Chairperson, but not less frequently than 4 times per year.
``(e) Duties.--The Board shall conduct activities to
increase the availability of accessible taxis and other for-
hire vehicles, including--
``(1) coordinating with the Federal Transit Administration
to provide information and technical assistance to local
municipalities, taxi commissions, and for hire transportation
companies (as defined in section 2 of the Accessible
Transportation for All Act)--
``(A) to increase the availability of accessible taxi
vehicles and accessible vehicles for hire; and
``(B) to facilitate improvements to access to taxis and
other accessible for-hire transportation options for people
with disabilities; and
``(2) submitting an annual report to the Secretary that
includes studies, findings, conclusions, and recommendations
about the availability of accessible taxi vehicles and
accessible vehicles for hire throughout the Nation,
including--
``(A) the number of accessible taxi vehicles and accessible
vehicles for hire in the various States and localities,
including in the 25 most populated cities in the United
States;
``(B) improvements, increases, or changes in the
availability of accessible taxi vehicles and accessible
vehicles for hire to access to taxis and other for-hire
transportation in the States, localities, and cities referred
to in subparagraph (A);
``(C) any State or local policies, ordinances, regulations,
or statutes that led to the increases or changes referred to
in subparagraph (B);
``(D) barriers to further increases in the availability of
accessible taxi vehicles and accessible vehicles for hire;
and
``(E) recommendations about how best to address the
barriers described in subparagraph (D).

[[Page S5792]]

``(f) Personnel Matters.--
``(1) Travel expenses.--The members of the Board may not
receive compensation for the performance of services for the
Board, but shall be allowed travel expenses, including per
diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of chapter 57 of
title 5, United States Code, while away from their homes or
regular places of business in the performance of services for
the Board. Notwithstanding section 1342 of title 31, United
States Code, the Secretary may accept the voluntary
uncompensated services of members of the Board.
``(2) Staff.--The Secretary may designate such personnel as
may be necessary to enable the Board to perform its duties.
``(3) Detail of government employees.--Any Federal
Government employee, with the approval of the head of the
appropriate Federal agency, may be detailed to the Board
without reimbursement, and such detail shall be without
interruption or loss of civil service status or privilege.
``(4) Facilities, equipment, and services.--The Secretary
shall make available to the Board necessary office space and
furnish the Board, under such arrangements respecting
financing as may be appropriate, with necessary equipment,
supplies, and services.''.
(b) Clerical Amendment.--The table of sections in chapter 1
of title 49, United States Code, is amended by adding at the
end the following:

``116. Accessible Taxi and For-Hire Transportation Board.''.

SEC. 7. STATE STRATEGIC PLANS FOR IMPROVING ACCESS TO TAXIS
AND FOR-HIRE TRANSPORTATION.

(a) In General.--Not later than the last day of the first
calendar year beginning after the date of the enactment of
this Act, each State shall develop a strategic plan that
describes ways to increase the availability of accessible
taxi vehicles, accessible vehicles for hire, and other
accessible for-hire transportation options for people with
disabilities in the State.
(b) Best Practices.--Each strategic plan developed under
this section shall describe--
(1) current best practices, if any, for increasing the
availability of accessible taxi vehicles, accessible vehicles
for hire, and other accessible for hire transportation
options for people with disabilities within local
municipalities in the State; and
(2) any policies, ordinances, or regulations adopted by
municipalities to achieve the highest possible standard for
accessibility and lowest possible cost for accessible taxi
vehicles and accessible vehicle for hire.
(c) Goals and Objectives.--Each strategic plan developed
under this section--
(1) shall outline long-term goals and specific objectives
for increasing the availability of accessible taxi vehicles,
accessible vehicles for hire, and other accessible for hire
transportation options for people with disabilities;
(2) shall consider options, including incentives, to help
reduce the cost of implementing an increase in the
availability of accessible taxi vehicles, accessible vehicles
for hire, and other accessible for hire transportation
options for people with disabilities in the State; and
(3) may examine how to reduce costs through the use of low-
cost model taxis and other means.
(d) Collaboration.--Each strategic plan developed under
this section--
(1) set yearly goals for the number and availability of
accessible taxi vehicles and accessible vehicles for hire
throughout the State;
(2) describe how the State will meet the goals referred to
in paragraph (1);
(3) describe how the State will encourage interstate and
intrastate collaboration to increase the availability of
accessible taxi vehicles, accessible vehicles for hire, and
other accessible for hire transportation options for people
with disabilities through collaboration--
(A) among municipalities;
(B) between municipalities and the State; and
(C) between municipalities and private industry.
(e) Distribution.--
(1) Submission.--Not later than April 1st of each year,
each State shall submit the strategic plan developed under
this section to the Secretary.
(2) Review.--The Secretary shall review each State plan
submitted under paragraph (1). Following each such review,
the Secretary shall post the State strategic plan on a
publicly available website to facilitate collaboration and to
share information and best practices.

SEC. 8. ACCESSIBILITY AND SERVICE STANDARDS FOR ACCESSIBLE
TAXIS VEHICLES AND ACCESSIBLE VEHICLES FOR
HIRE.

(a) In General.--Not later than 18 months after the date of
the enactment of this Act, the Administrator, in
collaboration and consultation with the Access Board
established under section 502 of the Rehabilitation Act (29
U.S.C. 792), shall promulgate regulatory standards, in
accordance with this section, including--
(1) accessibility standards for accessible taxi vehicles
and accessible vehicles for hire; and
(2) service standards for vehicles referred to in paragraph
(1).
(b) Accessibility Standards.--Accessibility standards for
accessible taxi vehicles and accessible vehicles for hire
promulgated under this section shall ensure that such
vehicles are fully accessible to, and usable by, passengers
with disabilities, including individuals that use wheelchairs
or other mobility devices.
(c) Service Standards.--Service standards for accessible
taxi vehicles and accessible vehicles for hire promulgated
under this section shall, at a minimum, ensure that such
vehicles--
(1) are readily available in a manner (including wait
times) that is comparable to other, nonaccessible taxi
vehicles or nonaccessible vehicles for hire in the area being
served;
(2) can be requested using a variety of technological
methods or systems; and
(3) are operated by individuals who are trained in properly
loading, unloading, securing, and transporting individuals
with disabilities.

SEC. 9. TAX CREDIT FOR EXPENDITURES FOR ACCESSIBLE TAXI
VEHICLES.

(a) In General.--Subsection (c) section 44 of the Internal
Revenue Code of 1986 is amended--
(1) in paragraph (1)--
(A) by striking ``paid or incurred by an eligible small
business'' and inserting ``paid or incurred--
``(A) by an eligible small business'';
(B) by striking ``section).'' and inserting ``section),
and''; and
(C) by inserting at the end the following:
``(B) by an eligible small business which is a qualified
taxi company for the purpose of purchasing or adapting a
vehicle for use as an accessible taxi vehicle that meets the
guidelines established under section 8 of the Accessible
Transportation for All Act.''; and
(2) by adding at the end the following:
``(6) Definitions.--
``(A) In general.--Any term used in paragraph (1)(B), which
is defined in section 2 of the Accessible Transportation for
All Act shall have the meaning given such term in such
section, as in effect on the date of the enactment of this
paragraph.
``(B) Qualified taxi company.--The term `qualified taxi
company' means a person that provides passenger land
transportation for a fixed fare by a taxicab and is licensed
to engage in the trade or business of furnishing such
transportation by a Federal, State, or local authority having
jurisdiction over transportation furnished by such person.''.
(b) Effective Date.--The amendments made by this section
shall apply to expenses paid or incurred in taxable years
beginning after the date of the enactment of this Act.
______

By Mr. HARKIN:
S. 2888. A bill to promote the provision of exercise and fitness
equipment that is accessible to individuals with disabilities; to the
Committee on Finance.
Mr. HARKIN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 2888

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Exercise and Fitness For All
Act''.

SEC. 2. FINDINGS AND PURPOSE.

(a) Findings.--Congress finds the following:
(1) Individuals with disabilities can maintain and improve
their health through appropriate physical activity.
(2) In the 2008 Physical Activity Guidelines for Americans
(referred to as the ``Guidelines''), the Department of Health
and Human Services recommends that individuals with
disabilities, who are able, participate in regular aerobic
activity.
(3) The Guidelines also recommend that adults with
disabilities, who are able, do muscle-strengthening
activities of moderate or high intensity on 2 or more days a
week, as these activities provide additional health benefits.
(4) The Guidelines recommend that when adults with
disabilities are not able to meet the Guidelines, they should
engage in regular physical activity according to their
abilities and avoid inactivity.
(5) Unfortunately, many individuals with disabilities are
unable to engage in the recommended exercise or fitness
activities due to the inaccessibility of exercise or fitness
equipment.
(6) Physical inactivity by adults with disabilities can
lead to increased risk for functional limitations and
secondary health conditions.
(b) Purpose.--The purposes of this Act are--
(1) to encourage exercise and fitness service providers to
provide accessible exercise and fitness equipment for
individuals with disabilities; and
(2) to provide guidance about the requirements necessary to
ensure that such exercise and fitness equipment is accessible
to, and usable by, individuals with disabilities.

SEC. 3. DEFINITIONS.

In this Act:
(1) Access board.--The term ``Access Board'' means the
Architectural and Transportation Barriers Compliance Board
established under section 502 of the Rehabilitation Act of
1973 (29 U.S.C. 792).

[[Page S5793]]

(2) Accessible exercise or fitness equipment.--The term
``accessible exercise or fitness equipment'' means exercise
or fitness equipment that is accessible to, and can be
independently used and operated by, individuals with
disabilities.
(3) Exercise or fitness equipment.--The term ``exercise or
fitness equipment'' means devices such as motorized
treadmills, stair climbers or step machines, stationary
bicycles, rowing machines, weight machines, circuit training
equipment, cardiovascular equipment, strength equipment, or
other exercise or fitness equipment.
(4) Exercise or fitness service provider.--The term
``exercise or fitness service provider'' means a fitness
facility, health spa, health club, college or university
facility, gymnasium, or other similar place of exercise or
fitness that--
(A) is considered a public accommodation under section 301
of the Americans with Disabilities Act of 1990 (42 U.S.C.
12181) or is considered a public entity under section 201 of
such Act (42 U.S.C. 12131); and
(B) provides exercise or fitness equipment for the use of
its patrons.
(5) Individual with a disability.--The term ``individual
with a disability'' means any person with a disability as
defined in section 3 of the Americans with Disabilities Act
of 1990 (42 U.S.C. 12102).
(6) Individuals with disabilities.--The term ``individuals
with disabilities'' means more than one individual with a
disability.

SEC. 4. EXERCISE AND FITNESS ACCESSIBILITY GUIDELINES.

(a) Establishment of Guidelines.--Not later than 18 months
after the date of enactment of this Act, the Access Board
shall develop and publish guidelines for exercise or fitness
service providers regarding the provision of accessible
exercise or fitness equipment, including relevant personnel
training.
(b) Contents of Guidelines.--The guidelines described in
subsection (a) shall--
(1) be consistent with the Standard Specification for
Universal Design of Fitness Equipment for Inclusive Use by
Persons with Functional Limitations and Impairments of the
American Society for Testing and Materials (ASTM F3021-13)
(and any future revisions thereto);
(2) ensure that--
(A) exercise or fitness equipment is accessible to, and
usable by, individuals with disabilities; and
(B) individuals with disabilities have independent entry
to, use of, and exit from the exercise or fitness equipment,
to the maximum extent possible; and
(3) take into consideration the following:
(A) Whether the exercise or fitness service provider is a
new or existing facility.
(B) Whether the exercise or fitness service provider is
staffed or not.
(C) Instruction and additional assistance on the use of the
accessible exercise or fitness equipment (including specific
accessibility features) for individuals with disabilities.
(D) The size and overall financial resources of the
exercise or fitness service provider.
(E) The availability of closed captioning of video
programing displayed on equipment and televisions provided by
an exercise or fitness service provider.
(c) Review and Amendment.--The Access Board shall
periodically review and, as appropriate, amend the
guidelines, and shall issue the resulting guidelines as
revised guidelines.

SEC. 5. TAX CREDIT FOR EXPENDITURES TO PROVIDE ACCESSIBLE
EXERCISE OR FITNESS EQUIPMENT.

(a) In General.--Paragraph (1) of section 44(c) of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``paid or incurred by an eligible small
business'' and inserting ``paid or incurred--
``(A) by an eligible small business'',
(2) by striking ``section).'' and inserting ``section),
and'', and
(3) by inserting at the end the following:
``(B) by an eligible small business which is an exercise or
fitness service provider for the purpose of providing for use
by individuals with disabilities accessible exercise or
fitness equipment that meets the guidelines established by
the Access Board under section 4 of the Exercise and Fitness
for All Act.

Any term used in subparagraph (B) which is defined in section
3 of the Exercise and Fitness for All Act shall have the
meaning given such term in such section, as in effect on the
date of the enactment of such subparagraph.''.
(b) Effective Date.--The amendments made by this section
shall apply to expenses paid or incurred in taxable years
beginning after the date of the enactment of this Act.
______

By Mr. HARKIN:
S. 2889. A bill to require compliance with established universal home
design guidelines, and for other purposes; to the Committee on Banking,
Housing, and Urban Affairs.
Mr. HARKIN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 2889

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Universal Home Design Act of
2014''.

SEC. 2. DEFINITIONS.

In this Act:
(1) Accessible.--The term ``accessible'' (except when used
in the context of accessible format) means--
(A) consistent with--
(i) subpart D of part 36 of title 28, Code of Federal
Regulations (or any corresponding similar regulation or
ruling); and
(ii) appendices B and D to part 1191 of title 36, Code of
Federal Regulations (or any corresponding similar regulation
or ruling); and
(B) independently usable by individuals with disabilities,
including those who use a mobility device such as a
wheelchair.
(2) Access board.--The term ``Access Board'' means the
Architectural and Transportation Barriers Compliance Board
established under section 502 of the Rehabilitation Act of
1973 (29 U.S.C. 792).
(3) Covered dwelling unit.--The term ``covered dwelling
unit'' means a dwelling unit that--
(A) is a detached single family house, a townhouse or
multi-level dwelling unit (whether detached or attached to
other units or structures), or a ground-floor unit in a
building of not more than 3 dwelling units;
(B) is designed as, or intended for occupancy as, a
residence;
(C)(i) was designed, constructed, or commissioned,
contracted, or otherwise arranged for construction, by a
person or entity who, at any time before the design or
construction, received or was guaranteed Federal financial
assistance for any program or activity;
(ii) is purchased by a person or entity using amounts that
are provided or guaranteed under a program that provides
Federal financial assistance for homeownership; or
(iii) is offered for purchase by a person or entity using
amounts that are provided or guaranteed under a program that
provides Federal financial assistance for homeownership; and
(D) is made available for first occupancy after the
expiration of the 30-month period beginning on the date of
the enactment of this Act.
(4) Department.--The term ``Department'' means the
Department of Housing and Urban Development.
(5) Federal financial assistance.--The term ``Federal
financial assistance'' means--
(A) any assistance that is provided or otherwise made
available by the Federal National Mortgage Association, the
Federal Home Loan Mortgage Corporation, any Federal Home Loan
Bank, the Secretary of Housing and Urban Development, the
Secretary of Veterans Affairs, or any program or activity of
the Department of Housing and Urban Development or the
Department of Veterans Affairs, through any grant, loan,
insurance, guarantee, contract, or any other arrangement,
after the expiration of the 1-year period beginning on the
date of the enactment of this Act, including--
(i) a grant, subsidy, or any other funds;
(ii) real or personal property or any interest in or use of
such property, including--

(I) transfers or leases of the property for less than the
fair market value or for reduced consideration; and
(II) proceeds from a subsequent transfer or lease of the
property if the Federal share of the fair market value is not
returned to the Federal Government;

(iii) any tax credit, mortgage or loan guarantee, or
insurance; and
(iv) community development funds in the form of obligations
guaranteed under section 108 of the Housing and Community
Development Act of 1974 (42 U.S.C. 5308); and
(B) any assistance that is provided or otherwise made
available by the Secretary of Agriculture under title V of
the Housing Act of 1949 (42 U.S.C. 1471 et seq.).
(6) Individual with a disability.--The term ``individual
with a disability'' means an individual with a disability, as
defined in section 3 of the Americans with Disabilities Act
of 1990 (42 U.S.C. 12102).
(7) Individuals with disabilities.--The term ``individuals
with disabilities'' means more than 1 individual with a
disability.
(8) Person or entity.--The term ``person or entity''
includes 1 or more individuals, corporations (including not-
for-profit corporations), partnerships, associations, labor
organizations, legal representatives, mutual corporations,
joint-stock companies, trusts, unincorporated associations,
trustees, trustees in cases under title 11 of the United
States Code, receivers, and fiduciaries.
(9) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(10) Universal home design.--The term ``universal home
design'' means the inclusion of architectural and other
landscaping features that allow basic access to and within a
residential dwelling by an individual with a disability who
cannot climb stairs, including an individual who uses a
mobility device such as a wheelchair.

SEC. 3. ESTABLISHMENT OF UNIVERSAL HOME DESIGN GUIDELINES.

(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Access Board, in consultation with
the Secretary, shall develop and issue guidelines setting
forth the minimum technical criteria and scoping requirements
for a covered dwelling unit to be in compliance with
universal home design under this Act.

[[Page S5794]]

(b) Universal Home Design Features Covered.--The guidelines
required to be developed and issued under subsection (a)
shall include, at a minimum, basic access to a covered
dwelling unit and to not less than 1 level within such
covered dwelling unit, including--
(1) an accessible entrance located on an accessible path
from the public street or driveway;
(2) accessible interior doors with sufficient clear width
and accessible thresholds;
(3) accessible environmental controls on the wall;
(4) at least 1 accessible indoor room that has an area of
not less than 70 square feet and contains no side or
dimension narrower than 7 feet;
(5) an accessible bathroom with--
(A) an accessible sink and toilet; and
(B) reinforced walls that permit the installation of grab
bars; and
(6) a kitchen space--
(A) with accessible food preparation, washing, and storage
areas; and
(B) that can easily be further adapted to accommodate an
individual with a disability.
(c) Regulations.--Not later than 6 months after the date on
which the guidelines are issued under subsection (a), the
Secretary shall issue regulations, in an accessible format--
(1) to carry out the provisions of this Act; and
(2) that include accessibility standards that are
consistent with the guidelines issued under subsection (a).
(d) Review and Amendment.--
(1) Access board.--The Access Board, in consultation with
the Secretary, shall--
(A) periodically review and, as appropriate, amend the
guidelines issued under subsection (a); and
(B) issue such amended guidelines as revised guidelines.
(2) Secretary.--Not later than 6 months after the date on
which revised guidelines are issued under paragraph (1)(B),
the Secretary shall issue revised regulations that are
consistent with such revised guidelines.

SEC. 4. USE OF UNIVERSAL HOME DESIGN GUIDELINES IN NEW
CONSTRUCTION.

It shall be unlawful for any person described in clauses
(i), (ii), and (ii) of section 2(3)(C), with respect to a
covered dwelling unit, to fail to ensure that the covered
dwelling unit complies with the universal home design
guidelines established under section 3.

SEC. 5. ENFORCEMENT.

(a) Requirement for Federal Financial Assistance.--Each
applicant for Federal financial assistance that is to be used
for a covered dwelling unit shall submit to the agency
providing such Federal financial assistance an assurance, at
such time and in such manner as the head of the agency may
require, verifying that the applicant is in compliance with
the universal home design guidelines established under
section 3 with respect to the covered dwelling unit.
(b) Civil Action for Private Persons.--Any person aggrieved
by an act or omission that is unlawful under section 3 or 4
may commence a civil action in an appropriate United States
district court against any person or entity responsible for
any part of the design, construction, or sale of a covered
dwelling unit.
(c) Enforcement by Attorney General.--Whenever the Attorney
General has reasonable cause to believe that any person or
group of persons has violated section 3 or 4, the Attorney
General may commence a civil action in any appropriate United
States district court. The Attorney General may also, upon
timely application, intervene in any civil action brought
under subsection (b) by a private person if the Attorney
General certifies that the case is of general public
importance.
(d) Relief.--In any civil action brought under subsection
(b) or (c), if the court finds that a violation of section 3
or 4 of this Act has occurred or is about to occur, it may
award to the plaintiff actual and punitive damages, and may
grant as relief, as the court finds appropriate, any
permanent or temporary injunction, temporary restraining
order, or other order (including an order enjoining the
defendant from violating section 3 or 4 of this Act or
ordering such affirmative action as may be appropriate).
(e) Attorney's Fees.--In any civil action brought under
subsection (b) or (c), the court, in its discretion, may
allow the prevailing party, other than the United States, a
reasonable attorney's fee and costs.
(f) Violations.--For purposes of this section, a violation
involving a covered dwelling unit that is not designed or
constructed in conformity with the universal home design
guidelines established under section 3 shall not be
considered to terminate until the violation is corrected.

SEC. 6. OFFICE OF ACCESSIBLE HOUSING AND DEVELOPMENT.

(a) Establishment.--Not later than 60 days after the date
of enactment of this Act, the Secretary shall establish in
the Department an Office of Accessible Housing and
Development.
(b) Director.--The Office of Accessible Housing and
Development shall be headed by a Director of Accessible
Housing and Development, who shall be--
(1) appointed by the Secretary;
(2) an individual with substantial knowledge of individuals
with disabilities and universal design; and
(3) responsible for implementing the responsibilities
described in subsection (c).
(c) Responsibilities.--
(1) Information dissemination.--The Office of Accessible
Housing and Development shall disseminate information to
inform the public about the importance of universal home
design by--
(A) sharing information and resources about the
requirements under this Act, the Fair Housing Act (42 U.S.C.
3601 et seq.), section 504 of the Rehabilitation Act of 1973
(29 U.S.C. 794), and the Americans with Disabilities Act (42
U.S.C. 12101 et seq.); and
(B) creating a website in accordance with section 508 of
the Rehabilitation Act of 1973 (29 U.S.C. 794d) to facilitate
the dissemination of information and resources under
subparagraph (A).
(2) Surveying the availability of affordable and accessible
housing.--Not later than 180 days after the date of enactment
of this Act, the Office of Accessible Housing and Development
shall conduct a study and submit to the Secretary a report on
the number of covered dwelling units and other housing units
that are accessible to individuals with disabilities in each
State, disaggregated by type of housing, cost, and location.
(3) Promoting universal home design.--The Office of
Accessible Housing and Development shall--
(A) help monitor progress and compliance with the universal
home design guidelines established under section 3;
(B) submit to the Secretary an annual report detailing
compliance with the universal home design guidelines
established under section 3, including the number of covered
dwelling units that were built in each State that were in
compliance with such guidelines;
(C) coordinate with, and provide technical assistance to,
the Department of Justice to assist in the enforcement of
this Act; and
(D) perform any other duties as the Secretary may determine
appropriate.

SEC. 7. SEVERABILITY.

If any provision of this Act of the application thereof to
any person or circumstances is held invalid, the remainder of
the Act and the application of the provision to other persons
not similarly situated shall not be affected thereby.
______

By Mr. BOOKER (for himself, Mr. Wicker, Mr. Begich, Mr. Cochran,
and Mr. Casey):
S. 2891. A bill to amend title 23, United States Code, to direct the
Secretary of Transportation to establish an innovation in surface
transportation program, and for other purposes; to the Committee on
Environment and Public Works.
Mr. BOOKER. Mr. President, I rise today to introduce with Senate
colleagues the Innovation in Surface Transportation Act, which will
spur economic development and include more local stakeholders in
transportation projects. I am proud to join with Senators Wicker,
Begich, Cochran, and Casey to sponsor this important bipartisan
legislation.
As a former Mayor, I understand local leaders are often in the best
position to make sound, cost-effective investment decisions to boost
the local economy. Today, our cities, towns and suburbs are not getting
the transportation investments they need to remain competitive and
attract the kind of investment needed to create jobs and put more
people to work.
This legislation establishes a statewide program of competitive
grants to local communities overseen by a diverse selection panel,
including state Departments of Transportation, local jurisdictions,
port authorities, and representatives from air quality and safety
organizations. This innovative proposal would encourage communities to
compete against their peers, and stretch to make the most of every
project and every dollar. Recognizing each state and region has
different transportation needs, the panel would create criteria
specific to their State's needs, such as improving the movement of
freight, or connecting low-income communities to jobs. The bill would
also require a metric-based, objective, fully transparent process based
off critical criteria, such as return on investment, job creation, and
reducing environmental impacts.
The most cost-effective and economically important projects will rise
to the top, which will help communities across the country meet the
great challenge of maintaining aging infrastructure and preparing for
future growth with constrained funding.
I look forward to working with my colleagues to build further support
for this legislation and continue working to provide long-term
transportation investment that strengthens communities across the
nation.
______

By Ms. COLLINS (for herself and Mr. Nelson):

[[Page S5795]]

S. 2896. A bill to amend title 31, United States Code, to adjust for
inflation the amount that is exempt from administrative offsets by the
Department of Education for defaulted student loans; to the Committee
on Finance.
Ms. COLLINS. Mr. President, today Senator Nelson and I are
introducing legislation to limit the amount the Federal Government can
garnish from Social Security benefits for unpaid student loan debt. Our
bill would adjust the current $750 garnishment floor for inflation and
index it going forward, to make sure that garnishments do not force
seniors into poverty.
According to a recent study by the Government Accountability Office,
GAO, the number of borrowers who have experienced garnishments to
Social Security retirement, survivor, or disability benefits to repay
student loans has increased over time. In 2001, about 31,000 Social
Security beneficiaries had part of their benefits garnished to pay
defaulted student loans. In 2013, this number had grown to
approximately 155,000 beneficiaries, an increase of 400 percent.
The Debt Collection Improvement Act limits the amount the federal
government can garnish from monthly Federal benefits. In 1998, this
amount was set at $750 per month, and since then, it has not been
raised or adjusted for inflation. This means that the federal
government can garnish Social Security benefits so long as the
beneficiary is not left with less than $750 per month. Fifteen years
ago, this was above the poverty line, but as a result of inflation, the
$750 limit now represents just 81 percent of the poverty threshold for
a single adult 65 or older.
GAO found that if the garnishment limit had been indexed to match the
rate of increase in the poverty threshold, in 2013, 68 percent of all
borrowers whose Social Security benefits were garnished for Federal
student loan debt would have kept their entire benefit. This means that
in more than 2/3 of all cases involving the garnishment of Social
Security benefits for unpaid student loan debt, the senior was forced
into poverty. Indexing the floor to keep up with cost of living would
keep this from happening.
I urge my colleagues to support this legislation to protect the
financial security of seniors facing garnishment for unpaid student
loan debt.
Mr. NELSON. Mr. President, today I announce my support of the Social
Security Garnishment Modernization Act. I once again want to thank and
commend Senator Collins, my co-sponsor on this legislation and co-
leader on the Senate Special Committee on Aging. This is the fifth bill
I have cosponsored with Senator Collins as a direct result of a hearing
we have held in the Aging Committee.
Earlier this month, our Committee examined the growing problem of
seniors facing student loan debt in retirement. A senior with student
loan debt who reaches the age of 65 has a one in four chance of being
in default on that loan. If a senior still has student loan debt by the
time he reaches 75, there's a better chance than not that the senior is
in default on those loans.
The consequences for being in default on those loans in retirement
can be devastating. The Department of Education can direct the Treasury
Department to garnish a substantial portion of a senior's monthly
Social Security payment. Seniors can be left with just $750 a month,
well below the official monthly poverty threshold of $931. This figure
has not been updated since the late 1990s. This bill would update the
amount of money protected from garnishment and index it for inflation
going forward so that a senior today would get to keep $1,072 a month
even if he was in default on his student loans.
This bill could help people like 72-year-old Janet Lee Dupree of
Citra, FL, whose Social Security check was garnished for a $3,000 loan
she took out in the early 1970s. With interest and fees, that loan
ballooned to $15,000, which means that she will likely be in debt the
rest of her life. If this bill passed, she would get to keep more of
her hard-earned Social Security benefits that she needs to get by and
pay for health care costs associated with two chronic and debilitating
diseases.
We need to fix this problem soon because the next wave of retirees is
coming, and a substantial number of them are still carrying student
loan debt. Nearly 18 million people ages 50 to 64 owe on their student
loans, and one in five of those people are already in default, meaning
they could face garnishment once they start taking Social Security
benefits. We need to protect today's retirees and tomorrow's retirees
so that they have enough money to live with dignity.
______

By Mr. REED (for himself, Mr. Harkin, and Mr. Whitehouse):
S. 2906. A bill to provide for the treatment and extension of
temporary financing of short-time compensation programs; to the
Committee on Finance.
Mr. REED. Mr. President, today I am joined by Senators Harkin and
Whitehouse in introducing the Layoff Prevention Extension Act of 2014.
This bill would extend the financing and grant provisions for the work
sharing initiative I authored and worked to include as part of the
Middle Class Tax Relief and Job Creation Act of 2012. Since becoming
law, work sharing has helped save over 110,000 jobs, including 1,200
jobs in my State of Rhode Island, according to the Department of Labor.
It has saved States $225 million by reimbursing them for work sharing
benefits they paid out to workers--benefits that helped keep people on
the job as employees and employers elected to reduce hours across the
board instead of laying workers off.
Before my bill became law only a handful of States had work sharing
programs. By tilting the incentives away from layoffs and toward work
sharing a majority of states now have laws on their books. However, the
100 percent Federal financing of these work sharing benefits will
expire in the summer of 2015 and the $100 million in implementation
grants by the end of this year. My bill would extend both of these
deadlines by one year so States with existing work sharing programs and
those that are looking to enact a program can qualify for Federal
support.
I urge my colleagues to join me in passing this bill to keep American
workers on the job and encourage more States to enact work sharing
programs that enjoy broad support in States that have adopted them and
economists on both sides of the spectrum.
______

By Mrs. FEINSTEIN:
S. 2908. A bill to amend the Internal Revenue Code of 1986 to expand
eligibility for the refundable credit for coverage under a qualified
health plan, and for other purposes; to the Committee on Finance.
Mrs. FEINSTEIN. Mr. President, the Affordable Care Act made great
strides in improving access to health insurance for millions of
Americans. Unfortunately, especially in high-cost geographic areas,
some in the middle class are facing high insurance premiums.
If you make a penny over $45,960 you lose all Federal assistance for
purchasing health insurance through the new exchanges. This is
especially hard for individuals between the ages of 50 and 64, who are
facing higher premiums but do not yet qualify for Medicare.
I have received thousands of calls and emails about access to health
insurance. The high costs are a real problem. For example, Dave, one of
my constituents from Livermore, CA, wrote to me to share how this
policy has affected him. Dave is 60 and self-employed, making $65,000
per year. He signed up for a plan through the new health insurance
exchange to cover both himself and his wife. If they made just $3,000
less per year they would have qualified for a subsidy and paid $491 for
the second lowest cost silver plan. Since they are just over the
threshold, the full cost of this plan is $1552. They decided to go with
less robust coverage and still pay $1147 for a bronze plan. Under this
legislation, Dave and his wife could get a better plan for less than
half of what they pay now.
Another constituent, Dan, lives in Riverside, CA, and is 62 years
old. He wrote to me and explained that his pension is just barely too
high to receive help with his health insurance premiums and that he
just can't afford it. Currently, the second lowest cost silver plan for
Dan and his wife would be $1141 per month. Under this legislation, they
would be able to afford health insurance.
The way the law is currently designed, there is a steep subsidy
cliff.

[[Page S5796]]

This should gradually reduce, in a way that provides some help for more
middle-income Americans so they pay no more than 9.5 percent their
income in health insurance premiums.
The Affordable Health Insurance for the Middle Class Act would do
just that. This legislation extends the current subsidy up to 600
percent of the Federal poverty level, which is $68,940 for an
individual. As an individual makes more, their subsidy goes down.
I am particularly concerned about older individuals who need medical
care but face premiums they simply cannot afford. In California, it is
estimated that approximately 360,600 individuals between the ages of
50-64 who do not qualify for Medicaid or have employer-based coverage
would see premiums greater than 9.5 percent of their income. Nearly
98,000 of these are expected to remain uninsured due to the cost. This
is a simple fix to improve the law that will further increase access to
coverage.
The bill is paid for by a nominal increase in the federal cigarette
tax, which amounts to five cents per pack.
I urge my colleagues to join me in supporting the Affordable Health
Insurance for the Middle Class Act. It is commonsense to have a gradual
decline in the federal assistance for health insurance and help those
who are just out of reach of affording it on their own.
I look forward to working with my colleagues on this important issue.

____________________