[Congressional Record (Bound Edition), Volume 160 (2014), Part 11]
[Senate]
[Pages 15333-15341]
[From the U.S. 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, 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 against 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

[[Page 15334]]

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 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.''.


[[Page 15335]]


       (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:
  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--

[[Page 15336]]

       (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.

       (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 taxi vehicles.
       (2) Purpose.--The purpose of the competition under this 
     section shall be to develop 1 or more designs for an 
     accessible taxi vehicle which, without additional 
     modification, can 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.

[[Page 15337]]

       (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).
       ``(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

[[Page 15338]]

     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).
       (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

[[Page 15339]]

     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.
       (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).

[[Page 15340]]

       (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):
  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

[[Page 15341]]

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. 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.

                          ____________________