In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

[Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Facilitating Access to Speedy 
Transmissions for Networks, E-commerce and Telecommunications (FASTNET) 
Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) The Telecommunications Act of 1996 was enacted to 
        foster the rapid deployment of advanced telecommunications and 
        information technologies and services to all Americans by 
        promoting competition and reducing regulation in 
        telecommunications markets nationwide.
            (2) The Telecommunications Act of 1966 specifically 
        recognized the unique abilities and circumstances of local 
        exchange carriers with fewer than two percent of the Nation's 
        subscriber lines installed in the aggregate nationwide.
            (3) Given the markets two percent carriers typically serve, 
        such carriers are uniquely positioned to accelerate the 
        deployment of advanced services and competitive initiatives for 
        the benefit of consumers in less densely populated regions of 
        the Nation.
            (4) Existing regulations are typically tailored to the 
        circumstances of larger carriers and therefore often impose 
        disproportionate burdens on two percent carriers, impeding such 
        carriers' deployment of advanced telecommunications services 
        and competitive initiatives to consumers in less densely 
        populated regions of the Nation.
            (5) Reducing regulatory burdens on two percent carriers 
        will enable such carriers to devote additional resources to the 
        deployment of advanced services and to competitive initiatives 
        to benefit consumers in less densely populated regions of the 
        Nation.
            (6) Reducing regulatory burdens on two percent carriers 
        will increase such carriers' ability to respond to marketplace 
        conditions, allowing them to accelerate deployment of advanced 
        services and competitive initiatives to benefit consumers in 
        less densely populated regions of the Nation.
    (b) Purposes.--The purposes of this Act are--
            (1) to accelerate the deployment of advanced services and 
        the development of competition in the telecommunications 
        industry for the benefit of consumers in all regions of the 
        Nation, consistent with the Telecommunications Act of 1996, by 
        reducing regulatory burdens on local exchange carriers with 
        fewer than two percent of the Nation's subscriber lines 
        installed in the aggregate nationwide;
            (2) to improve such carriers' flexibility to undertake such 
        initiatives; and
            (3) to allow such carriers to redirect resources from 
        paying the costs of such regulatory burdens to increasing 
        investment in such initiatives.

SEC. 3. DEFINITION.

    Section 3 of the Communications Act of 1934 (47 U.S.C. 153) is 
amended--
            (1) by redesignating paragraphs (51) and (52) as paragraphs 
        (52) and (53), respectively; and
            (2) by inserting after paragraph (50) the following:
            ``(51) Two percent carrier.--The term `two percent carrier' 
        means an incumbent local exchange carrier within the meaning of 
        section 251(h) whose access lines, when aggregated with the 
        access lines of any local exchange carrier that such incumbent 
        local exchange carrier directly or indirectly controls, is 
        controlled by, or is under common control with, are fewer than 
        two percent of the Nation's subscriber lines installed in the 
        aggregate nationwide.''.

SEC. 4. REGULATORY RELIEF FOR TWO PERCENT CARRIERS.

    Title II of the Communications Act of 1934 is amended by adding at 
the end thereof a new part IV as follows:

         ``PART IV--PROVISIONS CONCERNING TWO PERCENT CARRIERS

``SEC. 281. REDUCED REGULATORY REQUIREMENTS FOR TWO PERCENT CARRIERS.

    ``(a) Commission To Take Into Account Differences.--In adopting 
rules that apply to incumbent local exchange carriers (within the 
meaning of section 251(h)), the Commission shall separately evaluate 
the burden that any proposed regulatory, compliance, or reporting 
requirements would have on two percent carriers.
    ``(b) Effect of Commission's Failure To Take Into Account 
Differences.--If the Commission adopts a rule that applies to incumbent 
local exchange carriers and fails to separately evaluate the burden 
that any proposed regulatory, compliance, or reporting requirement 
would have on two percent carriers, the Commission shall not enforce 
the rule against two percent carriers unless and until the Commission 
performs such separate evaluation.
    ``(c) Additional Review Not Required.--Nothing in this section 
shall be construed to require the Commission to conduct a separate 
evaluation under subsection (a) if the rules adopted do not apply to 
two percent carriers, or such carriers are exempted from such rules.
    ``(d) Savings Clause.--Nothing in this section shall be construed 
to prohibit any size-based differentiation among carriers mandated by 
this Act, chapter 6 of title 5, United State Code, the Commission's 
rules, or any other provision of law.
    ``(e) Effective Date.--The provisions of this section shall apply 
with respect to any rule adopted on or after the date of enactment of 
this section.

``SEC. 282. LIMITATION OF REPORTING REQUIREMENTS.

    ``(a) Limitation.--The Commission shall not require a two percent 
carrier--
            ``(1) to file cost allocation manuals or to have such 
        manuals audited or attested, but a two percent carrier that 
        qualifies as a class A carrier shall annually certify to the 
        Commission that the two percent carrier's cost allocation 
        complies with the rules of the Commission; or
            ``(2) to file Automated Reporting and Management 
        Information Systems (ARMIS) reports, except for purposes of 
        section 224.
    ``(b) Preservation of Authority.--Except as provided in subsection 
(a), nothing in this Act limits the authority of the Commission to 
obtain access to information under sections 211, 213, 215, 218, and 220 
with respect to two percent carriers.

``SEC. 283. INTEGRATED OPERATION OF TWO PERCENT CARRIERS.

    ``The Commission shall not require any two percent carrier to 
establish or maintain a separate affiliate to provide any common 
carrier or noncommon carrier services, including local and 
interexchange services, commercial mobile radio services, advanced 
services (within the meaning of section 706 of the Telecommunications 
Act of 1996), paging, Internet, information services or other enhanced 
services, or other services. The Commission shall not require any two 
percent carrier and its affiliates to maintain separate officers, 
directors, or other personnel, network facilities, buildings, research 
and development departments, books of account, financing, marketing, 
provisioning, or other operations.

``SEC. 284. PARTICIPATION IN TARIFF POOLS AND PRICE CAP REGULATION.

    ``(a) NECA Pool.--The participation or withdrawal from 
participation by a two percent carrier of one or more study areas in 
the common line tariff administered and filed by the National Exchange 
Carrier Association or any successor tariff or administrator shall not 
obligate such carrier to participate or withdraw from participation in 
such tariff for any other study area. The Commission may require a two 
percent carrier to give 60 days notice of its intent to participate or 
withdraw from participation in such common line tariff with respect to 
a study area. Except as permitted by section 310(f)(3), a two percent 
carrier's election under this subsection shall be binding for one year 
from the date of the election.
    ``(b) Price Cap Regulation.--A two percent carrier may elect to be 
regulated by the Commission under price cap rate regulation, or elect 
to withdraw from such regulation, for one or more of its study areas. 
The Commission shall not require a carrier making an election under 
this subsection with respect to any study area or areas to make the 
same election for any other study area. Except as permitted by section 
310(f)(3), a two percent carrier's election under this subsection shall 
be binding for one year from the date of the election.

``SEC. 285. DEPLOYMENT OF NEW TELECOMMUNICATIONS SERVICES BY TWO 
              PERCENT COMPANIES.

    ``(a) One-Day Notice of Deployment.--The Commission shall permit 
two percent carriers to introduce new interstate telecommunications 
services by filing a tariff on one day's notice showing the charges, 
classifications, regulations, and practices therefor, without obtaining 
a waiver, or make any other showing before the Commission in advance of 
the tariff filing. The Commission shall not have authority to approve 
or disapprove the rate structure for such services shown in such 
tariff.
    ``(b) Definition.--For purposes of subsection (a), the term `new 
interstate telecommunications service' means a class or subclass of 
service not previously offered by the two percent carrier that enlarges 
the range of service options available to ratepayers of such carrier.

``SEC. 286. ENTRY OF COMPETING CARRIER.

    ``(a) Pricing Flexibility.--Notwithstanding any other provision of 
this Act, any two percent carrier shall be permitted to de-average its 
interstate switched or special access rates, file tariffs on one day's 
notice, and file contract-based tariffs for interstate switched or 
special access services immediately upon certifying to the Commission 
that a telecommunications carrier unaffiliated with such carrier is 
engaged in facilities-based entry within such carrier's service area. A 
two percent carrier subject to rate-of-return regulation with respect 
to an interstate switched or special access service, for which pricing 
flexibility has been exercised pursuant to this subsection, shall 
compute its interstate rate of return based on the nondiscounted rate 
for such service.
    ``(b) Streamlined Pricing Regulation.--Notwithstanding any other 
provision of this Act, upon receipt by the Commission of a 
certification by a two percent carrier that--
            ``(1) a local exchange carrier, or its affiliate, or
            ``(2) a local exchange carrier operated by, or owned in 
        whole or part by, a governmental authority,
is engaged in facilities-based entry within the two percent carrier's 
service area, the Commission shall regulate the two percent carrier as 
non-dominant and shall not require the tariffing of the interstate 
service offerings of the two percent carrier.
    ``(c) Participation in Exchange Carrier Association Tariff.--A two 
percent carrier that meets the requirements of subsection (a) or (b) of 
this section with respect to one or more study areas shall be permitted 
to participate in the common line tariff administered and filed by the 
National Exchange Carrier Association or any successor tariff or 
administrator, by electing to include one or more of its study areas in 
such tariff.
    ``(d) Definitions.--For purposes of this section:
            ``(1) Facilities-based entry.--The term `facilities-based 
        entry' means, within the service area of a two percent 
        carrier--
                    ``(A) the provision or procurement of local 
                telephone exchange switching or its equivalent; and
                    ``(B) the provision of telephone exchange service 
                to at least one unaffiliated customer.
            ``(2) Contract-based tariff.--The term `contract-based 
        tariff' shall mean a tariff based on a service contract entered 
        into between a two percent carrier and one or more customers of 
        such carrier. Such tariff shall include--
                    ``(A) the term of the contract, including any 
                renewal options;
                    ``(B) a brief description of each of the services 
                provided under the contract;
                    ``(C) minimum volume commitments for each service, 
                if any;
                    ``(D) the contract price for each service or 
                services at the volume levels committed to by the 
                customer or customers;
                    ``(E) a brief description of any volume discounts 
                built into the contract rate structure; and
                    ``(F) a general description of any other 
                classifications, practices, and regulations affecting 
                the contract rate.
            ``(3) Service area.--The term `service area' has the same 
        meaning as in section 214(e)(5).

``SEC. 287. SAVINGS PROVISIONS.

    ``(a) Commission Authority.--Nothing in this part shall be 
construed to restrict the authority of the Commission under sections 
201 through 208.
    ``(b) Rural Telephone Company Rights.--Nothing in this part shall 
be construed to diminish the rights of rural telephone companies 
otherwise accorded by this Act, or the rules, policies, procedures, 
guidelines, and standards of the Commission as of the date of enactment 
of this section.
    ``(c) State Authority.--Nothing in this part shall be construed to 
limit or affect any authority (as of August 1, 2001) of the States over 
charges, classifications, practices, services, facilities, or 
regulations for or in connection with intrastate communications service 
by wire or radio of any carrier.''.

SEC. 5. LIMITATION ON MERGER REVIEW.

    (a) Amendment.--Section 310 of the Communications Act of 1934 (47 
U.S.C. 310) is amended by adding at the end the following:
    ``(f) Deadline for Making Public Interest Determination.--
            ``(1) Time limit.--In connection with any merger between 
        two percent carriers, or the acquisition, directly or 
        indirectly, by a two percent carrier or its affiliate of 
        securities or assets of another carrier or its affiliate, if 
the merged or acquiring carrier remains a two percent carrier after the 
merger or acquisition, the Commission shall make any determinations 
required by this section and section 214, and shall rule on any 
petition for waiver of the Commission's rules or other request related 
to such determinations, not later than 60 days after the date an 
application with respect to such merger or acquisition is submitted to 
the Commission.
            ``(2) Approval absent action.--If the Commission does not 
        approve or deny an application as described in paragraph (1) by 
        the end of the period specified, the application shall be 
        deemed approved on the day after the end of such period. Any 
        such application deemed approved under this subsection shall be 
        deemed approved without conditions.
            ``(3) Election permitted.--The Commission shall permit a 
        two percent carrier to make an election pursuant to section 284 
        with respect to any local exchange facilities acquired as a 
        result of a merger or acquisition that is subject to the review 
        deadline established in paragraph (1) of this subsection.''.
    (b) Effective Date.--The provisions of this section shall apply 
with respect to any application that is submitted to the Commission on 
or after the date of enactment of this Act. Applications pending with 
the Commission on the date of enactment of this Act shall be subject to 
the requirements of this section as if they had been filed with the 
Commission on the date of enactment of this Act.

SEC. 6. TIME LIMITS FOR ACTION ON PETITIONS FOR RECONSIDERATION OR 
              WAIVER.

    (a) Amendment.--Section 405 of the Communications Act of 1934 (47 
U.S.C. 405) is amended by adding to the end the following:
    ``(c) Expedited Action Required.--
            ``(1) Time limit.--Within 90 days after receiving from a 
        two percent carrier a petition for reconsideration or other 
        review filed under this section or a petition for waiver of a 
        rule, policy, or other Commission requirement, the Commission 
        shall issue an order granting or denying such petition. If the 
        Commission fails to act on a petition for waiver subject to the 
        requirements of this section within this 90-day period, the 
        relief sought in such petition shall be deemed granted. If the 
        Commission fails to act on a petition for reconsideration or 
        other review subject to the requirements of this section within 
        such 90-day period, the Commission's enforcement of any rule 
        the reconsideration or other review of which was specifically 
        sought by the petitioning party shall be stayed with respect to 
        that party until the Commission issues an order granting or 
        denying such petition.
            ``(2) Finality of action.--Any order issued under paragraph 
        (1), or any grant of a petition for waiver that is deemed to 
        occur as a result of the Commission's failure to act under 
        paragraph (1), shall be a final order and may be appealed.''.
    (b) Effective Date.--The provisions of this section shall apply 
with respect to any petition for reconsideration or other review or 
petition for waiver that is submitted to the Commission on or after the 
date of enactment of this Act. Petitions for reconsideration or 
petitions for waiver pending with the Commission on the date of 
enactment of this Act shall be subject to the requirements of this 
section as if they had been filed on the date of enactment of this Act.

SEC. 7. NATIONAL SECURITY AND LAW ENFORCEMENT EXCEPTIONS.

    Notwithstanding sections 310 and 405 of the Communications Act of 
1934 (47 U.S.C. 310 and 405), the 60-day time period under section 
310(f)(1) of that Act, as added by section 5 of this Act, and the 90-
day time period under section 405(c)(1) of that Act, as added by 
section 6 of this Act, shall not apply to a petition or application 
under section 310 or 405 if an Executive Branch agency with cognizance 
over national security, law enforcement, or public safety matters, 
including the Department of Defense, Department of Justice, and the 
Federal Bureau of Investigation, submits a written filing to the 
Federal Communications Commission advising the Commission that the 
petition or application may present national security, law enforcement, 
or public safety concerns that may not be resolved within the 60-day or 
90-day time period, respectively.
[A]: Facilitating Access to Speedy Transmissions for Networks, E-commerce and Telecommunications (FASTNET) Act - Amends the Communications Act of 1934 to define a "two percent carrier" (carrier) as an incumbent local exchange carrier whose access lines, when combined with the access lines of any other carrier that such carrier controls, are fewer than two percent of the subscriber lines installed in the aggregate nationwide.Directs the Federal Communications Commission (FCC), in adopting rules that apply to such carriers, to separately evaluate the burden that any proposed regulatory, compliance, or reporting requirements would have on such carriers. Prohibits the FCC from requiring such carriers to: (1) file cost allocation manuals or Automated Reporting and Management Information Systems reports; or (2) establish or maintain a separate affiliate to provide any common carrier or noncommon carrier services.Limits carrier participation in tariff pools and price cap regulation.Requires the FCC to permit such carriers to introduce new interstate telecommunications services by filing a tariff on one day's notice.Allows such carriers to de-average its interstate switched or special access rates, file tariffs on one day's notice, and file contract-based tariffs for switched or special access services upon certifying that a telecommunications carrier unaffiliated with such carrier is engaged in facilities-based entry within such carrier's service area. Limits FCC carrier merger review authority. Provides time limits for FCC action on petitions for reconsideration or waiver of a rule, policy, or requirement.


[Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Early Education Employee Benefit Act 
of 2002''.

SEC. 2. AUTHORITY TO MAKE GRANTS.

    The Secretary of Health and Human Services may make grants on a 
competitive basis, and payable during a period of not less than 2 years 
and not more than 5 years, to eligible States and political 
subdivisions of States--
            (1) to establish innovative partnerships with private 
        partners to reduce the cost incurred by employees and union 
        members to obtain early education (including child care, 
        preschool, and other early childhood programs), or
            (2) to assist private partners to pay part of the cost of 
        acquiring, building, and renovating physical premises to be 
        used as new early education facilities.

SEC. 3. ELIGIBILITY OF STATES AND POLITICAL SUBDIVISIONS OF STATES TO 
              RECEIVE GRANTS.

    To be eligible to receive a grant under section 2, a State or a 
political subdivision of a State shall submit to the Secretary an 
application at such time, in such form, and containing such information 
as the Secretary may require by rule, including--
            (1) the agency designated by the State, or the political 
        subdivision of a State, to serve as the lead agency that will 
        administer such grant,
            (2) a description of the program such applicant intends to 
        carry out with such grant,
            (3) a description of the source, and increasing annual 
        amount, of the funds such applicant will use to pay the non-
        Federal share of the cost to carry out such program during a 
        period not less than 2 years and not more than 5 years, and
            (4) an agreement that such State or such political 
        subdivision--
                    (A) will contribute (from non-Federal funds) to 
                carry out such program, an amount equal to 50 percent 
                of the amount of such grant,
                    (B) will not require a private partner to offer on-
                site early education as a condition for participation 
                in an Early Education Benefit Agreement, and
                    (C) will use such grant to supplement, not 
                supplant, spending by such State, such political 
                subdivision, and private partners to improve access to 
                and enhance the quality of early education.

SEC. 4. SELECTION OF APPLICANTS TO RECEIVE GRANTS.

    In making grants under this Act, the Secretary shall give priority 
to eligible applicants that--
            (1) are, in the judgment of the Secretary, most likely to 
        increase the number of employees and members who receive an 
        Early Education Benefit through their employers and unions,
            (2) propose innovative public-private partnerships that 
        will carry out early education programs that are likely to be 
        replicated,
            (3) are likely to be sustainable beyond the period during 
        which such grant is expended,
            (4) are developed in consultation with child care resource 
        and referral agencies and networks, and with employers and 
        unions,
            (5) demonstrate the intention and ability to provide--
                    (A) with funds to be expended for the use described 
                in section 5(1), Early Education Benefits through Early 
                Education Benefit Agreements to a significant number of 
                employees of private employers with fewer than 50 
                employees, or
                    (B) with funds to be expended for the use described 
                in section 5(2), Early Education Start-up Grants to 
                private employers with fewer than 50 employees, and
                    (6) have experience working on early childhood 
                issues and working in partnership with the business 
                community, or have an agreement to implement the 
                program funded by a grant made under section 2 through 
                a nonprofit entity with such experience.

SEC. 5. USES OF FUNDS.

    A recipient of a grant made under section 2 shall use such grant--
            (1) to enter into Early Education Benefit Agreements to 
        provide Early Education Benefits, or
            (2) to provide funds to private partners to establish new 
        early education facilities,
except that not more than 5 percent of such grant may be used to pay 
administrative costs incurred by such recipient to carry out this Act, 
including providing outreach to private partners.

SEC. 6. EARLY EDUCATION BENEFIT AGREEMENTS.

    (a) Eligibility.--To be eligible to receive funds to be used for 
the purpose specified in section 5(1) from a grant made under section 
2, a private partner, or consortia of private partners, shall enter 
into an Early Education Benefit Agreement with the recipient of such 
grant that includes the following:
            (1) An assurance that such private partner, or such 
        consortia, will pay not less than--
                    (A) \1/3\ of the cost of such Early Education 
                Benefit, or
                    (B) \1/5\ of such cost if such private partner, or 
                such consortia, creates a new early education facility 
                that--
                            (i) serves children less than 2 years of 
                        age or children with disabilities, or
                            (ii) is available during nontraditional 
                        work hours.
            (2) An assurance that such private partner, or such 
        consortia, shall offer such Early Education Benefit on a 
        priority basis to such employees or such members who have lower 
        incomes if such Early Education Benefit is not offered to all 
        such employees or all such members.
            (3) An assurance that if such private partner, or such 
        consortia, requires that such Early Education Benefit received 
        by an employee or member be expended at a limited number of 
        sites where early education (including child care, preschool, 
        and other early childhood programs) is provided, then 
there shall be at least 1 provider of early education (including child 
care, preschool, and other early childhood programs) for which such 
Early Education Benefit may be expended, that is--
                    (A) located at or near the residence or place of 
                employment of such employee or such member, and
                    (B) accredited by the National Association for the 
                Education of Young Children or the National Association 
                for Family Child Care, or taking steps to obtain such 
                accreditation.
            (4) An assurance that early education paid for in whole or 
        in part by such Early Education Benefit will be provided by a 
        provider that is licensed or regulated by the State.
            (5) A detailed description of--
                    (i) the nature of the Early Education Benefit to be 
                provided,
                    (ii) the respective financial contributions of such 
                private partner, or such consortia, and such grant 
                recipient, and the procedures by which such 
                contributions will be made,
                    (iii) the number of employees or members expected 
                to receive the Early Education Benefit provided under 
                such Agreement, and
                    (iv) the estimated total cost of such Benefit to 
                such private partner (or such consortia), such grant 
                recipient, and such employees or such members.
    (b) Selection of Private Partners To Enter Into Early Education 
Benefit Agreements.--In selecting private partners with which to enter 
into Early Education Benefit Agreements, a recipient of a grant made 
under section 2 shall give priority to--
            (1) private partners that will make larger financial 
        contributions to the Early Education Benefit,
            (2) private partners with fewer employees or members,
            (3) private partners that will make an Early Education 
        Benefit available to employees and members on a sliding scale 
        inversely proportional to their level of earned income, and
            (4) private partners that have a history of personnel 
        policies and practices that enable their employees or their 
        members to balance work commitments with family obligations.

SEC. 7. EARLY EDUCATION START-UP GRANTS.

    (a) Eligibility To Receive Funds.--To be eligible to receive funds 
for the use specified in section 5(2) from a grant made under section 
2, a private partner shall agree--
            (1) to subsidize attendance at the proposed new early 
        education facility for children of lower-paid employees or 
        members, and
            (2) to pay not less than \1/3\ of the cost of acquiring, 
        building, and renovating physical premises to be used as such 
        facility.
    (b) Selection of Private Partners To Receive Funds.--In providing 
funds to private partners from a grant received for the use specified 
in section 5(2), a recipient of a grant made under section 2 shall give 
priority to--
            (1) private partners that will create a facility to provide 
        early education that--
                    (A) serves children less than 2 years of age or 
                children with disabilities, or
                    (B) is available during nontraditional hours during 
                which their parents are employed,
            (2) private partners that will operate such a facility that 
        is accredited, has a low ratio of children to adults, or 
        demonstrates other facts that show such facility offers an 
        early education program of high quality,
            (3) private partners that will pay with nongovernmental 
        funds a larger share of the cost of the use for which the Early 
        Education Start-up Grant funds will be expended,
            (4) private partners that have fewer employees or members, 
        and
            (5) private partners that have a history of personnel 
        policies and practices that enable their employees or members 
        to balance work commitments with family obligations.

SEC. 8. REPORTS.

    (a) Reports by Grantees.--The Secretary shall issue rules that 
require each recipient of a grant made under section 2 to submit 
annually to the Secretary a report that includes the following 
information for the fiscal year for which such report is submitted:
            (1) The number of Early Education Benefit Agreements 
        participated in and Start-Up Grants made.
            (2) Information about the private partners, including the 
        industry of which they are a part and their size.
            (3) Information about the number of employees who are both 
        offered and are receiving Early Education Benefits as a result 
        of such grant,including the number and average incomes of 
        employees who are receiving Early Education Benefits and the 
        number of employees who were offered and declined Early 
        Education Benefits.
            (4) Information about the amount of private spending on 
        Early Education Benefits and on the investment in new early 
        education facilities leveraged by the grants.
            (5) If appropriate and available, information about whether 
        and at what level private partners have continued to provide 
        Early Education Benefits after the conclusion of the grantee's 
        participation in an Early Education Benefit Agreement.
    (b) Reports by the Secretary.--The Secretary shall submit to the 
Congress biennially a report that includes the following information 
for the period of 2 fiscal years for which such report is submitted:
            (1) Summaries of the reports received under subsection (a) 
        by the Secretary for such period.
            (2) A description of the implementation of this Act, and 
        its impact on employees' access to early education programs for 
        their children, during such period.

SEC. 9. DEFINITIONS.

    For purposes of this Act:
            (1) Child.--The term ``child'' means an individual who is 
        less that 6 years of age.
            (2) Early Education Benefit.--The term ``Early Education 
        Benefit'' means assistance, in cash or in kind, to pay any part 
        of the cost incurred by employees and union members to obtain 
        early education (including child care, preschool, and other 
        early childhood programs) for their children.
            (3) Early Education Benefit Agreement.--The term ``Early 
        Education Benefit Agreement'' means a contract under which a 
        recipient of a grant under section 2 and a private partner that 
        receives from such recipient funds provided for the use 
        described in section 5(1) agree to provide jointly an Early 
        Education Benefit for children of the members or employees of 
        such private partner.
            (4) Private Partner.--The term ``private partner'' means a 
        private employer, labor union, and consortia of employers or 
        labor unions.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act such 
sums as may be necessary for fiscal years 2003 through 2007.
[A]: Early Education Employee Benefit Act of 2002 - Authorizes the Secretary of Health and Human Services (HHS) to make competitive matching grants to States and local governments to: (1) enter Early Education Benefit Agreements with private partners to provide part of the cost of Early Education Benefits, which reduce costs incurred by employees and union members to obtain early education (including child care, preschool, and other early childhood programs); or (2) make Early Education Start-Up Grants to assist private partners to pay part of the cost of acquiring, building, and renovating physical premises to be used as new early education facilities, if such partners subsidize attendance at those facilities for children of lower-paid employees or union members.


[Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Benefit Rating Acceleration for 
Veteran Entitlements Act of 2008''.

SEC. 2. TREATMENT OF SERVICE-CONNECTED DISABILITY RATED AND CERTIFIED 
              AS TOTAL BY REASON OF UNEMPLOYABILITY BY THE SECRETARY OF 
              VETERANS AFFAIRS AS DISABILITY FOR PURPOSES OF TITLE II 
              OF THE SOCIAL SECURITY ACT.

    (a) Disability for Purposes of Entitlement to Disability Insurance 
Benefits and Other Benefits Based on Disability.--
            (1) In general.--Section 223(d) of the Social Security Act 
        (42 U.S.C. 423(d)) is amended by adding at the end the 
        following new paragraph:
    ``(7)(A) Notwithstanding the preceding provisions of this 
subsection, any individual who has a service-connected disability rated 
by the Secretary of Veterans Affairs as total by reason of 
unemployability for purposes of benefits under chapter 11 of title 38, 
United States Code, is expected by such Secretary to have such 
disability for not less than one year, and presents written 
certification of such rating determination to the Commissioner of 
Social Security shall be deemed to be under a disability (within the 
meaning of the preceding paragraphs of this subsection) for each 
month--
            ``(i) beginning with the first month for which the 
        Secretary of Veterans Affairs determines the individual to have 
        such a rating, and
            ``(ii) ending with the earlier of--
                    ``(I) any month during which certification is made 
                to the Commissioner pursuant to subparagraph (B) that 
                such service-connected disability has ceased, or
                    ``(II) any month during which the Commissioner 
                determines that such individual is no longer entitled 
                to benefits under this title on the basis of being 
                disabled as a result of a continuing disability review 
                or a determination that the individual is able to 
                engage in substantial gainful activity.
    ``(B) In any case in which the Secretary of Veterans Affairs 
determines that an individual who has been determined by such Secretary 
to be totally disabled by reason of unemployability for purposes of 
benefits under chapter 11 of title 38, United States Code, and with 
respect to whom a certification has been made to the Commissioner 
pursuant to subparagraph (A)(ii)(I) that such individual has ceased to 
be so disabled, such Secretary shall promptly certify to the 
Commissioner such Secretary's determination that such individual has 
ceased to be so disabled.
    ``(C) Nothing in this paragraph shall be construed to preclude a 
determination under this title that an individual who is not deemed to 
be under a disability under subparagraph (A) is under a disability 
(within the meaning of the preceding paragraphs of this subsection).
    ``(D) The Commissioner of Social Security and the Secretary of 
Veterans Affairs shall enter into such arrangements as are necessary 
and appropriate for purposes of carrying out the provisions of this 
paragraph. Such arrangements shall include requirements for--
            ``(i) the Secretary of Veterans Affairs to--
                    ``(I) include in the written certification required 
                under subparagraph (A) the dates of services which 
                resulted in the service connected disability of the 
                individual; and
                    ``(II) immediately notify the Commissioner of 
                Social Security of any knowledge of such Secretary that 
                an individual who is deemed to be under a disability 
                under subparagraph (A) engages or is able to engage in 
                substantial gainful activity; and
            ``(ii) the Commissioner of Social Security to provide the 
        Secretary of Veterans Affairs with the names of each individual 
        deemed to be under a disability under subparagraph (A).
    ``(E) An individual who is deemed to be under a disability under 
subparagraph (A) shall be notified of the requirement to immediately 
notify the Commissioner of Social Security and the Secretary of 
Veterans Affairs of any work activity engaged in by the individual that 
results in earnings that exceed the level of earnings established by 
the Commissioner of Social Security to represent substantial gainful 
activity and that are not conducted during a period of trial work (as 
defined in section 222(c)).''.
            (2) Other benefits based on disability.--
                    (A) Child's insurance benefits.--Section 202(d)(1) 
                of such Act (42 U.S.C. 402(d)(1)) is amended by adding 
                at the end the following new sentence: ``Under 
                regulations of the Commissioner of Social Security, the 
                provisions of section 223(d)(7) shall apply with 
                respect to benefits under this section (and 
                determinations of disability made for purposes of 
                determinations of entitlement to such benefits) in the 
                same manner and to the same extent as such provisions 
                apply with respect to benefits under section 223 (and 
                determinations of disability made for purposes of 
                determinations of entitlement to benefits under section 
                223).''.
                    (B) Widow's insurance benefits.--Section 202(e)(1) 
                of such Act (42 U.S.C. 402(e)(1)) is amended by adding 
                at the end the following new sentence: ``Under 
                regulations of the Commissioner of Social Security, the 
                provisions of section 223(d)(7) shall apply with 
                respect to benefits under this section (and 
                determinations of disability made for purposes of 
                determinations of entitlement to such benefits) in the 
                same manner and to the same extent as such provisions 
                apply with respect to benefits under section 223 (and 
                determinations of disability made for purposes of 
                determinations of entitlement to benefits under section 
                223).''.
                    (C) Widower's insurance benefits.--Section 
                202(f)(1) of such Act (42 U.S.C. 402(f)(1)) is amended 
                by adding at the end the following new sentence: 
                ``Under regulations of the Commissioner of Social 
                Security, the provisions of section 223(d)(7) shall 
                apply with respect to benefits under this section (and 
                determinations of disability made for purposes of 
                determinations of entitlement to such benefits) in the 
                same manner and to the same extent as such provisions 
                apply with respect to benefits under section 223 (and 
                determinations of disability made for purposes of 
                determinations of entitlement to benefits under section 
                223).''.
    (b) Determinations of Periods of Disability.--Section 216(i) of 
such Act (42 U.S.C. 416(i)) is amended by adding at the end the 
following new paragraph:
    ``(4)(A) Notwithstanding paragraphs (1) and (2), any individual who 
has a service-connected disability rated by the Secretary of Veterans 
Affairs as total by reason of unemployability for purposes of benefits 
under chapter 11 of title 38, United States Code, is expected by such 
Secretary to have such disability for not less than one year, and 
presents written certification of such rating determination to the 
Commissioner of Social Security shall be deemed to be under a 
disability (within the meaning of paragraph (1)) for each month--
            ``(i) beginning with the first month for which the 
        Secretary of Veterans Affairs determines the individual to have 
        such a rating, and
            ``(ii) ending with the earlier of--
                    ``(I) any month during which certification is made 
                to the Commissioner pursuant to subparagraph (B) that 
                such service-connected disability has ceased, or
                    ``(II) any month during which the Commissioner 
                determines that such individual is no longer entitled 
                to benefits under this title on the basis of being 
                disabled as a result of a continuing disability review 
                or a determination that the individual is able to 
                engage in substantial gainful activity.
    ``(B) In any case in which the Secretary of Veterans Affairs 
determines that an individual who has been determined by such Secretary 
to be totally disabled by reason of unemployability for purposes of 
benefits under chapter 11 of title 38, United States Code, and with 
respect to whom a certification has been made to the Commissioner 
pursuant to subparagraph (A) that such individual has ceased to be so 
disabled, such Secretary shall promptly certify to the Commissioner 
such Secretary's determination that such individual has ceased to be so 
disabled.
    ``(C) Nothing in this paragraph shall be construed to preclude a 
determination under this title that an individual who is not deemed to 
be under a disability under subparagraph (A) is under a disability 
(within the meaning of paragraph (1)).
    ``(D) The Commissioner of Social Security and the Secretary of 
Veterans Affairs shall enter into such arrangements as are necessary 
and appropriate for purposes of carrying out the provisions of this 
paragraph. Such arrangements shall include requirements for--
            ``(i) the Secretary of Veterans Affairs to--
                    ``(I) include in the written certification required 
                under subparagraph (A) the dates of services which 
                resulted in the service connected disability of the 
                individual; and
                    ``(II) immediately notify the Commissioner of 
                Social Security of any knowledge of such Secretary that 
                an individual who is deemed to be under a disability 
                under subparagraph (A) engages or is able to engage in 
                substantial gainful activity; and
            ``(ii) the Commissioner of Social Security to provide the 
        Secretary of Veterans Affairs with the names of each individual 
        deemed to be under a disability under subparagraph (A).
    ``(E) An individual who is deemed to be under a disability under 
subparagraph (A) shall be notified of the requirement to immediately 
notify the Commissioner of Social Security and the Secretary of 
Veterans Affairs of any work activity engaged in by the individual that 
results in earnings that exceed the level of earnings established by 
the Commissioner of Social Security to represent substantial gainful 
activity and that are not conducted during a period of trial work (as 
defined in section 222(c)).''.

SEC. 3. TREATMENT OF DISABILITY RATED AND CERTIFIED AS TOTAL BY REASON 
              OF UNEMPLOYABILITY BY THE SECRETARY OF VETERANS AFFAIRS 
              AS DISABILITY FOR PURPOSES OF TITLE XVI OF THE SOCIAL 
              SECURITY ACT.

    Section 1614(a)(3) of the Social Security Act (42 U.S.C. 
1382c(a)(3)) is amended by adding at the end the following new 
subparagraph:
                    ``(K) In making determinations with respect to 
                disability under this title, the provisions of section 
                223(d)(7) shall apply in the same manner as they apply 
                to determinations of disability under title II.''.

SEC. 4. APPLICATION OF MEDICAL FINDINGS BY THE SECRETARY OF VETERANS 
              AFFAIRS FOR INDIVIDUALS WITH A SERVICE-CONNECTED 
              DISABILITY FOR PURPOSES OF DISABILITY DETERMINATIONS 
              UNDER TITLES II AND XVI OF THE SOCIAL SECURITY ACT.

    Section 223(d)(5) of the Social Security Act (42 U.S.C. 423(d)(5)) 
is amended by adding at the end the following new subparagraph:
    ``(C) In making any determination with respect to whether an 
individual is under a disability or continues to be under a disability, 
the medical findings of the Secretary of Veterans Affairs, including 
any findings of physical limitations, regarding any individual who has 
a service-connected disability certified by the Secretary of Veterans 
Affairs (without regard to whether such service-connected disability is 
rated by the Secretary of Veterans Affairs as total by reason of 
unemployability for purposes of benefits under chapter 11 of title 38, 
United States Code, and is expected by such Secretary to have such 
disability for not less than one year) shall be conclusive evidence of 
disability.''.

SEC. 5. TREATMENT OF VETERANS DETERMINED DISABLED FOR PURPOSES OF THE 
              SOCIAL SECURITY ACT AS VETERANS TOTALLY DISABLED BY 
              REASON OF INDIVIDUAL UNEMPLOYABILITY.

    (a) In General.--Subchapter VI of chapter 11 of title 38, United 
States Code, is amended by adding at the end the following new section:
``Sec. 1164. Treatment of certain veterans as totally disabled by 
              reason of individual unemployability
    ``(a) In General.--A veteran who is determined by the Commissioner 
of Social Security to be under a disability for purposes of title II or 
XVI of the Social Security Act (42 U.S.C. 401 et seq., 1381 et seq.) 
shall be treated for purposes of this chapter as being a veteran with a 
disability or a combination of disabilities rated as 100 percent 
disabling by reason of a determination of individual unemployability.
    ``(b) No Establishment of Service-Connection.--The requirement in 
subsection (a) shall not be construed to establish a service-connection 
or presumption of service-connection with respect to any disability of 
a veteran.
    ``(c) Termination of Treatment.--(1) Subsection (a) shall cease to 
apply to a veteran otherwise covered by that subsection upon either of 
the following:
            ``(A) A reduction by the Secretary of the combined 
        disability rating of the veteran in accordance with a 
        determination by the Secretary that an improvement in one or 
        more of the veteran's disabilities has occurred.
            ``(B) A determination by the Commissioner of Social 
        Security that the veteran is no longer under a disability for 
        purposes of titles II and XVI of the Social Security Act.
    ``(2) The Commissioner of Social Security shall promptly notify the 
Secretary of each determination covered by paragraph (1)(B).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 11 of such title is amended by adding at the end the following 
new item:

``1164. Treatment of certain veterans as totally disabled by reason of 
                            individual unemployability.''.

SEC. 6. EFFECTIVE DATE.

    The amendments made by this Act shall apply with respect to 
determinations of disability in connection with applications for 
benefits or periods of disability filed or pending on or after the date 
of the enactment of this Act.
[A]:
Benefit Rating Acceleration for Veteran Entitlements Act of 2008 - Amends titles II (Old Age, Survivors and Disability Insurance) (OASDI) and XVI (Supplemental Security Income) (SSI) of the Social Security Act to treat as a disability for OASDI and SSI disability payment purposes any service-connected disability rated and certified by the Secretary of Veterans Affairs as total by reason of unemployability, and expected to last at least one year.

Applies the same treatment to related child's insurance and widow's and widower's insurance benefits.

Makes medical findings by the Secretary of Veterans Affairs of total service-connected disability by reason of unemployability conclusive evidence of disability for OASDI and SSI purposes.

Requires treatment of any determination of a veteran's disability by the Commissioner of Social Security for OASDI and SSI purposes as a disability or a combination of disabilities rated as 100% disabling by reason of individual unemployability for veterans' benefits purposes. Cautions, however, that such requirement shall not be construed to establish a service-connection or presumption of service-connection with respect to any disability of a veteran.