SECTION 1. SHORT TITLE. This Act may be cited as the ``Tony Dean Cheyenne River Valley Conservation Act of 2010''. SEC. 2. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (2) State.--The term ``State'' means the State of South Dakota. (3) Wilderness area.--The term ``wilderness area'' means any of the areas designated as components of the National Wilderness Preservation System by section 3(a). SEC. 3. WILDERNESS AREAS. (a) Designation.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System: (1) The approximately 27,500 acres of land, as generally depicted on the map entitled ``Indian Creek East and Indian Creek West'', which shall be known as the ``Indian Creek Wilderness''. (2) The approximately 16,007 acres of land, as generally depicted on the map entitled ``Red Shirt and Red Shirt East'', which shall be known as the ``Red Shirt Wilderness''. (3) The approximately 4,518 acres of land, as generally depicted on the map entitled ``Chalk Hills'', which shall be known as the ``Chalk Hills Wilderness''. (b) Maps and Legal Description.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a map and legal description for each wilderness area. (2) Effect.--Each map and legal description submitted under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct minor errors in the map or legal description. (3) Availability.--Each map and legal description submitted under paragraph (1) shall be available in the Office of the Chief of the Forest Service. (c) Administration.-- (1) In general.--Subject to valid existing rights, the wilderness areas shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in that Act to the effective date shall be considered to be a reference to the date of enactment of this Act. (2) Withdrawal.--Subject to valid existing rights, the wilderness areas are withdrawn from all forms of-- (A) entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) disposition under the mineral leasing, mineral materials, and geothermal leasing laws. (3) Continuation of livestock grazing.--In the wilderness areas, the grazing of livestock and the maintenance of existing facilities related to grazing in areas in which grazing is established as of the date of enactment of this Act shall be allowed to continue, consistent with-- (A) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and (B) the guidelines set forth in House Report 96-617 to accompany H.R. 5487 of the 96th Congress. (4) Fish and wildlife management.-- (A) State jurisdiction.--In accordance with section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this Act affects or diminishes the jurisdiction of the State with respect to fish and wildlife management in the wilderness areas (including the regulation of hunting, fishing, and trapping). (B) Management activities.--In furtherance of the purposes and principles of the Wilderness Act (16 U.S.C. 1131 et seq.), management activities to maintain or restore fish and wildlife populations and the habitats to support those populations may be carried out within the wilderness areas in accordance with relevant wilderness management plans and appropriate policies (such as those described in Appendix B of House Report 101-405 of the 101st Congress), including the occasional and temporary use of motorized vehicles, if the Secretary determines that the activities would-- (i) promote healthy, viable, and more naturally distributed wildlife populations; and (ii) using the minimum tool necessary, enhance wilderness values. (5) Fire, insects, invasive species, and diseases management activities.--The Secretary may undertake such measures as are necessary to control and prevent fire, insects, invasive species, and diseases, in accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), including the coordination of those activities with a State or local agency. (6) Military activities.--Nothing in this Act precludes-- (A) low-level overflights of military aircraft over the wilderness areas; (B) the designation of new units of special airspace over the wilderness areas; or (C) the use or establishment of military flight training routes over the wilderness areas. (7) Native american uses and interests.--Nothing in this Act diminishes the rights of Indian tribes with respect to access to Federal land for tribal activities (including spiritual, cultural, and traditional food-gathering activities). (8) Access to property.--The Secretary shall provide any owner of private property within the boundary of a wilderness area, including the State, adequate access to the private property. (9) Acquisition of land and interests in land.-- (A) In general.--Consistent with applicable law, the Secretary may acquire from willing sellers land or interests in land within the boundaries of the wilderness areas by purchase, donation, or exchange. (B) Incorporation of acquired land.--Any land or interest in land within a wilderness area that is acquired by the United States shall be added to, and administered as part of, the applicable wilderness area. (10) Adjacent management.-- (A) No protective perimeters or buffer zones.-- Congress does not intend for the designation of a wilderness area to result in the creation of protective perimeters or buffer zones around any of the wilderness areas. (B) Nonwilderness activities.--The fact that nonwilderness activities or uses outside of a wilderness area can be seen or heard from inside of the wilderness area shall not preclude the conduct of the nonwilderness activities or uses outside the boundaries of the wilderness area. SEC. 4. PRAIRIE DOGS. Nothing in this Act enhances or diminishes the existing authority of the Secretary and the Secretary of the Interior to manage prairie dog populations and habitats on public land.

Summary: Tony Dean Cheyenne River Valley Conservation Act of 2010 - Designates specified lands in South Dakota as wilderness areas and as components of the National Wilderness Preservation System. Sets forth requirements for the administration of the wilderness areas, including with respect to military overflight activities, fish and wildlife management, access to private property, U.S. acquisition of lands and interests, protective perimeters and buffer zones, and nonwilderness activities and uses outside of the wilderness areas. Withdraws such areas from specified public land laws, mining laws, and mineral leasing, mineral materials, and geothermal leasing laws. Permits livestock grazing and the maintenance of related facilities to continue in the wilderness areas in which grazing is established. Authorizes the Secretary of Agriculture (USDA) to undertake necessary measures for the control and prevention of fire, insects, invasive species, and diseases. Prohibits anything in this Act from: (1) diminishing the rights of Indian tribes to access federal land for tribal activities; or (2) enhancing or diminishing the authority of the Secretary and the Secretary of the Interior to manage prairie dog populations and habitats.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Incentives for our Nation's Veterans in Energy Sustainability Technologies'' or as the ``INVEST Act''. SEC. 2. WORK OPPORTUNITY TAX CREDIT FOR VETERANS HIRED IN THE FIELD OF RENEWABLE ENERGY. (a) In General.--Section 51(d)(14) of the Internal Revenue Code of 1986 is amended to read as follows: ``(14) Certain veterans hired in the field of renewable energy.-- ``(A) In general.--For purposes of this subpart, an individual shall be treated a member of a targeted group if such individual is a specified veteran, but qualified wages with respect to such individual shall include only wages attributable to services rendered in a field of renewable energy. ``(B) Specified veteran.--For purposes of this paragraph, the term `specified veteran' means any veteran (as defined in paragraph (3)) who is certified by the designated local agency as-- ``(i) having received a credential or certification from the Department of Defense of military occupational specialty or skill in a field of renewable energy or with respect to advanced manufacturing, machinist or welding, or engineering, ``(ii) having completed a vocational degree in a field of renewable energy during the 1- year period ending on the hiring date, or ``(iii) having completed a LEED certification with the United States Green Building Council. ``(C) Renewable energy.--For purposes of this paragraph, renewable energy means resources that rely on fuel sources that restore themselves over short periods of time and do not diminish, including the sun, wind, moving water, organic plant and waste material, and the earth's heat.''. (b) Treatment of Possessions.-- (1) Payments to possessions.-- (A) Mirror code possessions.--The Secretary of the Treasury shall pay to each possession of the United States with a mirror code tax system amounts equal to the loss to that possession by reason of the amendment made by this section. Such amounts shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession of the United States. (B) Other possessions.--The Secretary of the Treasury shall pay to each possession of the United States which does not have a mirror code tax system the amount estimated by the Secretary of the Treasury as being equal to the loss to that possession that would have occurred by reason of the amendment made by this section if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply with respect to any possession of the United States unless such possession establishes to the satisfaction of the Secretary that the possession has implemented (or, at the discretion of the Secretary, will implement) an income tax benefit which is substantially equivalent to the income tax credit in effect after the amendments made by this section. (2) Coordination with credit allowed against united states income taxes.--The credit allowed against United States income taxes for any taxable year under the amendment made by this section to section 51 of the Internal Revenue Code of 1986 to any person with respect to any qualified veteran shall be reduced by the amount of any credit (or other tax benefit described in paragraph (1)(B)) allowed to such person against income taxes imposed by the possession of the United States by reason of this subsection with respect to such qualified veteran for such taxable year. (3) Definitions and special rules.-- (A) Possession of the united states.--For purposes of this subsection, the term ``possession of the United States'' includes American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the United States Virgin Islands. (B) Mirror code tax system.--For purposes of this subsection, the term ``mirror code tax system'' means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States. (C) Treatment of payments.--For purposes of section 1324(b)(2) of title 31, United States Code, the payments under this subsection shall be treated in the same manner as a refund due from credit provisions described in such section. (c) Effective Date.--The amendment made by this section shall apply to individuals who begin work for the employer after December 31, 2016.

Summary: Incentives for our Nation's Veterans in Energy Sustainability Technologies or the INVEST Act This bill amends the Internal Revenue Code to allow the work opportunity tax credit for the hiring of a specified veteran who works in a field of renewable energy. A "specified veteran" means any veteran who is certified as: (1) having received a credential or certification from the Department of Defense of a military occupational specialty or skill in a field of renewable energy or with respect to advanced manufacturing, machinist or welding, or engineering; (2) having completed a vocational degree in a field of renewable energy; or (3) having completed a LEED (Leadership in Energy & Environmental Design) certification with the United States Green Building Council. The Department of the Treasury shall pay: (1) each U.S. possession (i.e., American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the U.S. Virgin Islands) with a mirror code tax system amounts equal to the loss to such possession due to this Act; and (2) each U.S. possession without such a tax system an amount estimated to equal the loss to such possession that would have occurred due to this Act if such a tax system had been in effect.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Conflicts from Political Fundraising Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) Public confidence in the Federal Government is based on the expectation that officers and employees will discharge their duties impartially, and avoid either actual conflicts of interest or the appearance thereof. (2) The risk of an actual conflict of interest, or the appearance thereof, arises when a nominee or appointee to a Senate-confirmed position or an individual in a position of a confidential or policymaking character has previously donated to, solicited for, or received funds from a political action committee or entity organized under section 501(c)(4) or section 501(c)(6) of the Internal Revenue Code of 1986. (3) Since the 2010 decision by the Supreme Court of the United States in Citizens United v. Federal Election Commission, spending by corporations subject to Federal laws and regulations has increased dramatically. (4) While some corporate political spending is done publicly, contributions to entities organized under section 501(c)(4) of the Internal Revenue Code of 1986 need not be disclosed, making this spending effectively anonymous. The risk of an actual conflict of interest, or the appearance thereof, arises whether political spending is public or anonymous. (5) Current financial disclosure requirements do not require filers to report funds they have donated to, solicited for, or received from political action committees or entities organized under section 501(c)(4) or section 501(c)(6) of the Internal Revenue Code of 1986. (6) Apparent or actual conflicts of interest are best ameliorated through public disclosure of this activity to the Office of Government Ethics so the apparent or actual conflicts can be addressed in ethics agreements negotiated between the filer and the agency in which the filer will serve. SEC. 3. DISCLOSURE OF CERTAIN TYPES OF CONTRIBUTIONS. (a) Definitions.--Section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended-- (1) by redesignating paragraphs (2) through (19) as paragraphs (5) through (22), respectively; and (2) by inserting after paragraph (1) the following: ``(2) `covered contribution' means a payment, advance, forbearance, rendering, or deposit of money, or any thing of value-- ``(A)(i) that-- ``(I) is-- ``(aa) made by or on behalf of a covered individual; or ``(bb) solicited in writing by or on behalf of a covered individual; and ``(II) is made-- ``(aa) to a political organization, as defined in section 527 of the Internal Revenue Code of 1986; or ``(bb) to an organization-- ``(AA) that is described in paragraph (4) or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; and ``(BB) that promotes or opposes changes in Federal laws or regulations that are (or would be) administered by the agency in which the covered individual has been nominated for appointment to a covered position or is serving in a covered position; or ``(ii) that is-- ``(I) solicited in writing by or on behalf of a covered individual; and ``(II) made-- ``(aa) by an individual or entity the activities of which are subject to Federal laws or regulations that are (or would be) administered by the agency in which the covered individual has been nominated for appointment to a covered position or is serving in a covered position; and ``(bb) to-- ``(AA) a political organization, as defined in section 527 of the Internal Revenue Code of 1986; or ``(BB) an organization that is described in paragraph (4) or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; and ``(B) that is made to an organization described in item (aa) or (bb) of clause (i)(II) or clause (ii)(II)(bb) of subparagraph (A) for which the total amount of such payments, advances, forbearances, renderings, or deposits of money, or any thing of value, during the calendar year in which it is made is not less than the contribution limitation in effect under section 315(a)(1)(A) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30116(a)(1)(A)) for elections occurring during such calendar year; ``(3) `covered individual' means an individual who has been nominated or appointed to a covered position; and ``(4) `covered position'-- ``(A) means-- ``(i) a position described under sections 5312 through 5316 of title 5, United States Code; ``(ii) a position placed in level IV or V of the Executive Schedule under section 5317 of title 5, United States Code; ``(iii) a position as a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132(a) of title 5, United States Code; and ``(iv) a position in the executive branch of the Government of a confidential or policy- determining character under schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations; and ``(B) does not include a position if the individual serving in the position has been excluded from the application of section 101(f)(5);''. (b) Disclosure Requirements.--The Ethics in Government Act of 1978 (5 U.S.C. App.) is amended-- (1) in section 101-- (A) in subsection (a)-- (i) by inserting ``(1)'' before ``Within''; (ii) by striking ``unless'' and inserting ``and, if the individual is assuming a covered position, the information described in section 102(j), except that, subject to paragraph (2), the individual shall not be required to file a report if''; and (iii) by adding at the end the following: ``(2) If an individual has left a position described in subsection (f) that is not a covered position and, within 30 days, assumes a position that is a covered position, the individual shall, within 30 days of assuming the covered position, file a report containing the information described in section 102(j)(2)(A).''; (B) in subsection (b)(1), in the first sentence, by inserting ``and the information required by section 102(j)'' after ``described in section 102(b)''; (C) in subsection (d), by inserting ``and, if the individual is serving in a covered position, the information required by section 102(j)(2)(A)'' after ``described in section 102(a)''; and (D) in subsection (e), by inserting ``and, if the individual was serving in a covered position, the information required by section 102(j)(2)(A)'' after ``described in section 102(a)''; and (2) in section 102-- (A) in subsection (g), by striking ``Political campaign funds'' and inserting ``Except as provided in subsection (j), political campaign funds''; and (B) by adding at the end the following: ``(j)(1) In this subsection-- ``(A) the term `applicable period' means-- ``(i) with respect to a report filed pursuant to subsection (a) or (b) of section 101, the year of filing and the 4 calendar years preceding the year of the filing; and ``(ii) with respect to a report filed pursuant to subsection (d) or (e) of section 101, the preceding calendar year; and ``(B) the term `covered gift' means a gift that-- ``(i) is made to a covered individual, the spouse of a covered individual, or the dependent child of a covered individual; ``(ii) is made by an entity described in item (aa) or (bb) of section 109(2)(A)(i)(II); and ``(iii) would have been required to be reported under subsection (a)(2) if the covered individual had been required to file a report under section 101(d) with respect to the calendar year during which the gift was made. ``(2)(A) A report filed pursuant to subsection (a), (b), (d), or (e) of section 101 by a covered individual shall include, for each covered contribution made by or on behalf of, or that was solicited in writing by or on behalf of, the covered individual during the applicable period-- ``(i) the date on which the covered contribution was made; ``(ii) if applicable, the date or dates on which the covered contribution was solicited; ``(iii) the value of the covered contribution; ``(iv) the name of the person making the covered contribution; and ``(v) the name of the person receiving the covered contribution. ``(B)(i) Subject to clause (ii), a covered contribution made by or on behalf of, or that was solicited in writing by or on behalf of, a covered individual shall constitute a conflict of interest, or an appearance thereof, with respect to the official duties of the covered individual. ``(ii) The Director of the Office of Government Ethics may exempt a covered contribution from the application of clause (i) if the Director determines the circumstances of the solicitation and making of the covered contribution do not present a risk of a conflict of interest and the exemption of the covered contribution would not affect adversely the integrity of the Government or the public's confidence in the integrity of the Government. ``(3) A report filed pursuant to subsection (a) or (b) of section 101 by a covered individual shall include the information described in subsection (a)(2) with respect to each covered gift received during the applicable period.''. (c) Provision of Reports and Ethics Agreements to Congress.-- Section 105 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following: ``(e) Not later than 30 days after receiving a written request from the Chairman or Ranking Member of a committee or subcommittee of either House of Congress with jurisdiction of the agency in which a covered individual has been nominated for appointment to a covered position or is serving in a covered position, the Director of the Office of Government Ethics shall provide to the Chairman or Ranking Member, respectively, each report filed under this title by the covered individual and any ethics agreement entered into between the agency and the covered individual.''. (d) Rules on Ethics Agreements.--The Director of the Office of Government Ethics shall promptly issue rules regarding how an agency in the executive branch shall address information required to be disclosed under the amendments made by this Act in drafting ethics agreements between the agency and individuals appointed to positions in the agency. (e) Technical and Conforming Amendments.-- (1) The Ethics in Government Act of 1978 (5 U.S.C. App.) is amended-- (A) in section 101(f)-- (i) in paragraph (9), by striking ``section 109(12)'' and inserting ``section 109(15)''; (ii) in paragraph (10), by striking ``section 109(13)'' and inserting ``section 109(16)''; (iii) in paragraph (11), by striking ``section 109(10)'' and inserting ``section 109(13)''; and (iv) in paragraph (12), by striking ``section 109(8)'' and inserting ``section 109(11)''; (B) in section 103(l)-- (i) in paragraph (9), by striking ``section 109(12)'' and inserting ``section 109(15)''; and (ii) in paragraph (10), by striking ``section 109(13)'' and inserting ``section 109(16)''; and (C) in section 105(b)(3)(A), by striking ``section 109(8) or 109(10)'' and inserting ``section 109(11) or 109(13)''. (2) Section 3(4)(D) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602(4)(D)) is amended by striking ``section 109(13)'' and inserting ``section 109(16)''. (3) Section 21A of the Securities Exchange Act of 1934 (15 U.S.C. 78u-1) is amended-- (A) in subsection (g)(2)(B)(ii), by striking ``section 109(11) of the Ethics in Government Act of 1978 (5 U.S.C. App. 109(11)))'' and inserting ``section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.))''; and (B) in subsection (h)(2)-- (i) in subparagraph (B), by striking ``section 109(8) of the Ethics in Government Act of 1978 (5 U.S.C. App. 109(8))'' and inserting ``section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.)''; and (ii) in subparagraph (C), by striking ``section 109(10) of the Ethics in Government Act of 1978 (5 U.S.C. App. 109(10))'' and inserting ``section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.)''. (4) Section 499(j)(2) of the Public Health Service Act (42 U.S.C. 290b(j)(2)) is amended by striking ``section 109(16) of the Ethics in Government Act of 1978'' and inserting ``section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.)''.

Summary: Conflicts from Political Fundraising Act of 2017 This bill amends the Ethics in Government Act of 1978 to revise financial disclosure requirements for federal personnel, including: (1) the disclosure of contributions made or solicited by, or on behalf of, individuals nominated or appointed to high level executive positions or to positions of a confidential or policymaking character to political action committees and tax-exempt social welfare or business organizations; and (2) the disclosure of certain gifts to appointees, their spouses, or dependent children. The Office of Government Ethics shall, upon request, provide to the Chairman or Ranking Member of a House or Senate committee or subcommittee with jurisdiction over the agency to which an individual has been nominated or appointed to a covered position (certain Executive Schedule or Senior Executive Service positions) or is serving in a covered position, each financial disclosure report filed by such individual and any ethics agreement entered into between the agency and the individual. The office shall issue rules on how an executive branch agency shall address conflicts of interest identified in disclosures through ethics agreements between the agency and its appointees.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Digital Coast Act of 2012''. SEC. 2. FINDINGS. The Congress finds that-- (1) the lack of current, accurate, uniform, and standards- based geospatial information to characterize the United States coastal region presents a significant liability to adequately manage and maintain the Nation's-- (A) environment; (B) infrastructure; (C) economy; and (D) public safety and homeland security; (2) more than half of all people of the United States (153 million) currently live on or near a coast and an additional 12 million are expected in the next decade; (3) coastal counties in the United States average 300 persons per square mile, compared with the national average of 98; (4) on a typical day, more than 1,540 permits for construction of single-family homes are issued in coastal counties, combined with other commercial, retail, and institutional construction to support this population; (5) over half of the Nation's economic productivity is located within coastal regions; (6) highly accurate, high-resolution remote sensing and other geospatial data play an important role in management of the coastal zone and economy, including for flood and coastal storm surge prediction; hazard risk and vulnerability assessment; emergency response and recovery planning; community resilience to longer range climate change impacts; permitting and zoning decisionmaking; habitat and ecosystem health assessments; and landscape change detection; and (7) the Digital Coast is a model approach in effective Federal partnerships with local and State government, nongovernmental organizations, and the private sector. SEC. 3. DEFINITIONS. In this Act: (1) The term ``Digital Coast'' means a constituent-driven effort led by the Secretary to provide an enabling platform that integrates geospatial data, decision support tools, training, and best practices to address coastal and emergency management issues and needs. The Digital Coast strives to sustain and enhance coastal economies and ecosystem services by helping communities address their issues, needs, and challenges through cost-effective and participatory solutions. (2) The term ``remote sensing and other geospatial'' means collecting, storing, retrieving, or disseminating graphical or digital data depicting natural or manmade physical features, phenomena, or boundaries of the Earth and any information related thereto, including surveys, maps, charts, satellite and airborne remote sensing data, images, lidar, and services performed by professionals such as surveyors, photogrammetrists, hydrographers, geodesists, cartographers, and other such services. (3) The term ``Secretary'' means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration. (4) The term ``State''-- (A) means a State of the United States in, or bordering on, the Atlantic, Pacific, or Arctic Ocean, the Chesapeake Bay, the Gulf of Mexico, Long Island Sound, or one or more of the Great Lakes; and (B) includes Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, the Trust Territories of the Pacific Islands, American Samoa, and any portion of a State that is located within 100 kilometers of the Atlantic or Pacific Ocean, the Chesapeake Bay, the Gulf of Mexico, or the Great Lakes. (5) The term ``coastal region'' means the area of United States waters extending inland from the shoreline to include coastal watersheds and seaward to the territorial sea. (6) The term ``Federal Geographic Data Committee'' means the interagency committee that promotes the coordinated development, use, sharing, and dissemination of geospatial data on a national basis. SEC. 4. BUILDING THE DIGITAL COAST. (a) Establishment and Implementation.-- (1) In general.--The Secretary shall establish and implement the Digital Coast to collect the following priority supporting data and integrate such data with other available data for the benefit of the broadest measure of coastal resource management constituents and applications: (A) Coastal elevation data. (B) Land use and land cover data. (C) Benthic habitat and submerged aquatic vegetation data. (D) Parcels data. (E) Planimetric data. (F) Socioeconomic and human use data. (2) Focus on filling needs and gaps.--In implementing this section, the Secretary shall-- (A) recognize that remote sensing and other geospatial data acquisition for navigational and positioning purposes is carried out through other authorities and programs; and (B) focus on filling data needs and gaps for critical coastal management issues. (b) Data Integration, Tool Development, Training, Documentation, Dissemination, and Archive.--The Secretary shall-- (1) make data and resulting integrated products developed under this section readily accessible via the Digital Coast and other related Internet technologies; (2) develop decision support tools that use and display resulting integrated data and provide training on use of such tools; (3) document such data to Federal Geographic Data Committee standards; and (4) archive all raw data acquired under this Act at the appropriate National Oceanic and Atmospheric Administration data center or other appropriate Federal data center. (c) Coordination.--The Secretary shall coordinate the activities carried out pursuant to this Act to maximize data sharing and integration and minimize duplication by-- (1) coordinating activities, when appropriate, with-- (A) other Federal efforts, including efforts under the Ocean and Coastal Mapping Integration Act (33 U.S.C. 3501 et seq.), the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.), and the Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3601 et seq.); (B) coastal States and United States territories; (C) local governments; and (D) representatives of nongovernmental entities; (2) participating, pursuant to section 216 of Public Law 107-347 (44 U.S.C. 3501 note), in the establishment of such standards and common protocols as are necessary to assure the interoperability of remote sensing and other geospatial data with all users of such information within-- (A) the National Oceanic and Atmospheric Administration; (B) other Federal agencies; (C) State and local government; and (D) the private sector; (3) coordinating with, seeking assistance and cooperation of, and providing liaison to the Federal Geographic Data Committee pursuant to Office of Management and Budget Circular A-16 and Executive Order No. 12906; and (4) providing for the utilization of contracts with the private sector, to the maximum extent practicable, to provide such products and services as are necessary to collect remote sensing and other geospatial data; which contracts shall be considered ``surveying and mapping'' services as such term is used and as such contracts are awarded at the discretion of the Secretary in accordance with the selection procedures in chapter 11 of title 40, United States Code. SEC. 5. COASTAL SERVICES CENTERS. (a) Establishment.--The Secretary shall establish, within the National Oceanic and Atmospheric Administration, the Coastal Services Centers to facilitate the development of products and services that address the needs of local, State, and regional entities involved with coastal and ocean decisionmaking including those State coastal management and research reserves benefitting from this Act, and to lead development and maintenance of the Digital Coast. (b) Purpose.--The purpose of the Coastal Services Centers shall be to-- (1) support the environmental, social, and economic well- being of the coast by linking people, information, and technology; (2) identify and assess coastal and ocean management needs and increase the capabilities and capacities of managers to address them at the local, State, and regional levels; (3) manage the Digital Coast program to carry out the intent of this Act; (4) convene and engage coastal managers and decisionmakers in dialog concerning coastal issues and share information and best practices across this audience; and (5) collaborate with various programs of the National Oceanic and Atmospheric Administration, other Federal agencies, and nongovernmental entities to bring data, information, services, and tools to the Nation's coastal and ocean decisionmakers. (c) Financial Agreements.--To carry out this Act, including to provide program support to non-Federal entities that participate in implementing this Act, the Secretary-- (1) may enter into financial agreements including grants, cooperative agreements, interagency agreements, and contracts with other Federal, tribal, State, and local governmental and nongovernmental entities; and (2) may collect registration fees in support of training, workshops, and conferences that advance the purposes of this Act. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Secretary $85,000,000 for each of fiscal years 2013 through 2018 to carry out this Act.

Summary: Digital Coast Act of 2012 - Defines "Digital Coast" as a constituent-driven effort led by the Secretary of Commerce, through the National Oceanic and Atmospheric Administration (NOAA), to provide an enabling platform integrating geospatial data, decision support tools, training, and best practices to address coastal and emergency management issues and enhance coastal economies and ecosystem services by helping communities with cost-effective and participatory solutions. Directs NOAA to establish and implement the Digital Coast to: (1) collect data concerning coastal elevations, land use and cover, habitat and submerged aquatic vegetation, parcels, planimetrics, socioeconomics, and human use; and (2) integrate other data sources for the broadest measure of coastal resource management constituents and applications. Directs NOAA to: (1) make such data and resulting products accessible via the Digital Coast and other related Internet technologies, (2) provide training on decision support tools developed under this Act, (3) document data to Federal Geographic Data Committee standards, and (4) archive the raw data at appropriate NOAA or federal data centers. Requires coordination and data sharing with states, U.S. territories, local governments, nongovernmental entities, and other federal efforts. Requires the establishment of NOAA Coastal Services Centers to facilitate the development of products and services addressing the needs of local, state, and regional entities involved with coastal and ocean decisionmaking and to lead development and maintenance of the Digital Coast.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Disaster Savings and Resilient Construction Act of 2012''. SEC. 2. RESILIENT CONSTRUCTION TAX CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 45R the following new section: ``SEC. 45S. RESILIENT CONSTRUCTION. ``(a) General Rule.--For purposes of section 38, in the case of an eligible contractor, the resilient construction credit for the taxable year is the applicable amount for each building-- ``(1) constructed by the eligible contractor in a disaster area determined as a result of a federally declared major disaster, ``(2) the construction of which began after the date of such disaster in that area, ``(3) which-- ``(A) in the case of qualified commercial property, is placed in service for commercial purposes, and ``(B) in the case of qualified residential property, is placed in service for residential purposes, and ``(4) for which a certificate of occupancy is issued before the end of the 2-year period beginning on the date of such disaster declaration in that area. ``(b) Applicable Amount.--For purposes of subsection (a), the applicable amount is: ``(1) Commercial property.--In the case of a qualified commercial property, the applicable amount is the lesser of-- ``(A) 1 percent of the cost of construction, or ``(B) $25,000. ``(2) Residential property.--In the case of a qualified residential property, the applicable amount is the lesser of-- ``(A) 1 percent of the cost of construction, or ``(B) $3,000. ``(c) Qualified Property.--For purposes of this section: ``(1) Qualified commercial property.--The term `qualified commercial property' means a building that is-- ``(A) located in the United States, ``(B) defined in the scope of the 2009 or later International Building Code published by the International Code Council, and ``(C) designed and constructed to meet resilient construction requirements. ``(2) Qualified residential property.--The term `qualified residential property' means a building that is-- ``(A) located in the United States, ``(B) defined in the scope of the 2009 or later International Residential Code published by the International Code Council, and ``(C) designed and constructed to meet resilient construction requirements. ``(d) Resilient Construction Requirements.--For purposes of this section: ``(1) In general.--The resilient construction requirements with respect to a property are that the property is designed and constructed to-- ``(A) resist hazards brought on by a major disaster and continues to provide its primary functions after a major disaster, ``(B) reduce the magnitude or duration of a disruptive event, and ``(C) have the absorptive capacity, adaptive capacity, recoverability to withstand a potentially disruptive event. ``(2) Treated as meeting resiliency requirements.--For purposes of paragraph (1)-- ``(A) in the case of a qualified commercial property, the property shall be treated as meeting the requirements specified in paragraph (1) if the property is a building which-- ``(i) was designed to meet the requirements of the 2009 or later International Building Code published by the International Code Council and received the Insurance Institute for Business and Home Safety FORTIFIED for Safer Business designation, or ``(ii) was designed and built in a jurisdiction that requires commercial buildings to meet the requirements of the 2009 or later International Building Code published by the International Code Council with amendments that are equivalent or more restrictive than the requirements described in FORTIFIED for Safer Business Standards published by the Insurance Institute for Business and Home Safety and received a certificate of occupancy (or other documentation stating that it has met the requirements of the building code) from the jurisdiction, and ``(B) in the case of a qualified residential property, the property shall be treated as meeting the requirements specified in paragraph (1) if the property is a building which was designed to meet the requirements of the 2009 or later International Residential Code published by the International Code Council, and meets one of the following requirements: ``(i) The building received the Insurance Institute for Business and Home Safety as FORTIFIED for Safer Living designation. ``(ii) The building received the Insurance Institute for Business and Home Safety as FORTIFIED for Existing Homes designation. ``(iii) It was designed and built in a jurisdiction that requires residential buildings to meet the requirements of the 2009 or later International Building Code published by the International Code Council with amendments that are equivalent or more restrictive than the requirements described in FORTIFIED for Safer Living Builders Guide published by the Insurance Institute for Business and Home Safety and received a certificate of occupancy (or other documentation stating that it has met the requirements of the building code) from the jurisdiction. ``(3) Absorptive capacity.--The term `absorptive capacity' means the ability of the construction to endure a disruption without significant deviation from normal operating performance. ``(4) Adaptive capacity.--The term `adaptive capacity' means the ability of the construction to adapt to a drastic change in normal operating conditions. ``(5) Recoverability.--The term `recoverability' means the ability of the construction to recover quickly, and at low cost, from potentially disruptive events. ``(e) Other Definitions.--For purposes of this section: ``(1) Eligible contractor.--The term `eligible contractor' means the person who constructed the qualified building. ``(2) Construction.--The term `construction' includes new construction and reconstruction and rehabilitation that meets resilient construction requirements. ``(3) Disaster area.--The term `disaster area' has the meanings given such terms by section 165(h)(3). ``(4) Federally declared major disaster.--The term `federally declared major disaster' means a disaster subsequently determined by the President of the United States to be a `major disaster' that warrants assistance by the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. ``(f) Basis Reduction.--For purposes of this subtitle, the basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit so allowed. ``(g) Termination.--This section shall not apply to any property for which a certificate for occupancy is issued after December 31, 2015.''. (b) Credit Made Part of General Business Credit.--Section 38(b) of such Code, as amended by this Act, is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the resilient construction credit determined under section 45S(a).''. (c) Basis Adjustment.--Subsection (a) of section 1016 is amended by striking ``and'' at the end of paragraph (31), by striking the period at the end of paragraph (32) and inserting ``, and'', and by adding at the end the following new paragraph: ``(38) to the extent provided in section 45S(f), in the case of amounts with respect to which a credit has been allowed under section 45S.''. (d) Deduction for Certain Unused Business Credits.--Section 196(c) (defining qualified business credits) is amended by striking ``and'' at the end of paragraph (13), by striking the period at the end of paragraph (14) and inserting ``, and'', and by adding after paragraph (14) the following new paragraph: ``(15) the resilient construction credit determined under section 45S(a).''. (e) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after section 45R the following new item: ``Sec. 45S. Resilient construction.''. (f) Effective Date.--The amendments made by this section shall apply to property for which a certificate for occupancy is issued after the date of the enactment of this Act.

Summary: Disaster Savings and Resilient Construction Act of 2012 - Amends the Internal Revenue Code to allow a business-related tax credit for the cost of constructing commercial and residential buildings that comply with resilient construction requirements in a federally-declared major disaster area. Defines "resilient construction requirements" as requirements that ensure that such buildings: (1) can resist hazards brought on by a major disaster and can continue to provide their primary functions after a major disaster, (2) can reduce the magnitude or duration of a disruptive event, and (3) have the absorptive capacity, adaptive capacity, and recoverability to withstand a potentially disruptive event. Terminates such credit for any any property for which a certificate of occupancy is issued after December 31, 2015.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Conservation Opportunity Fund Act of 2008'' or the ``ECO Fund Act of 2008''. SEC. 2. REVOLVING FUND FOR LOANS TO STATES AND INDIAN TRIBES TO CARRY OUT RENEWABLE ENERGY SOURCES ACTIVITIES. (a) Establishment of Fund.--There is established in the Treasury of the United States a revolving fund, to be known as the ``Alternative Energy Sources State Revolving Fund''. (b) Credits.--The Fund shall be credited with-- (1) any amounts appropriated to the Fund pursuant to subsection (g); (2) any amounts of principal and interest from loan repayments received by the Secretary pursuant to subsection (d)(7); and (3) any interest earned on investments of amounts in the Fund pursuant to subsection (e). (c) Expenditures.-- (1) In general.--Subject to paragraph (2), on request by the Secretary of Housing and Urban Development, the Secretary of the Treasury shall transfer from the Fund to the Secretary such amounts as the Secretary determines are necessary to provide loans under subsection (d)(1). (2) Administrative expenses.--Of the amounts in the Fund, not more than 5 percent shall be available for each fiscal year to pay the administrative expenses of the Department of Housing and Urban Development to carry out this section. (d) Loans to States and Indian Tribes.-- (1) In general.--The Secretary shall use amounts in the Fund to provide loans to States and Indian tribes to provide incentives to owners of single-family and multifamily housing, commercial properties, and public buildings to provide-- (A) renewable energy sources for such structures, such as wind, wave, solar, biomass, or geothermal energy sources, including incentives to companies and business to change their source of energy to such renewable energy sources and for changing the sources of energy for public buildings to such renewable energy sources; (B) energy efficiency and energy conserving improvements and features for such structures; or (C) infrastructure related to the delivery of electricity and hot water for structures lacking such amenities. (2) Eligibility.--To be eligible to receive a loan under this subsection, a State or Indian tribe, through an appropriate State or tribal agency, shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (3) Criteria for approval.--The Secretary may approve an application of a State or Indian tribe under paragraph (2) only if the Secretary determines that the State or tribe will use the funds from the loan under this subsection to carry out a program to provide incentives described in paragraph (1) that-- (A) requires that any such renewable energy sources, and energy efficiency and energy conserving improvements and features, developed pursuant to assistance under the program result in compliance of the structure so improved with the energy efficiency requirements under section 2(a) of the; and (B) includes such compliance and audit requirements as the Secretary determines are necessary to ensure that the program is operated in a sound and effective manner. (4) Preference.--In making loans during each fiscal year, the Secretary shall give preference to States and Indian tribes that have not previously received a loan under this subsection. (5) Maximum amount.--The aggregate outstanding principal amount from loans under this subsection to any single State or Indian tribe may not exceed $500,000,000. (6) Loan terms.--Each loan under this subsection shall have a term to maturity of not more than 10 years and shall bear interest at annual rate, determined by the Secretary, that shall not exceed interest rate charged by the Federal Reserve Bank of New York to commercial banks and other depository institutions for very short-term loans under the primary credit program, as most recently published in the Federal Reserve Statistical Release on selected interest rates (daily or weekly), and commonly referred to as the H.15 release, preceding the date of a determination for purposes of applying this paragraph. (7) Loan repayment.--The Secretary shall require full repayment of each loan made under this section. (e) Investment of Amounts.-- (1) In general.--The Secretary of the Treasury shall invest such amounts in the Fund that are not, in the judgment of the Secretary of the Treasury, required to meet needs for current withdrawals. (2) Obligations of united states.--Investments may be made only in interest-bearing obligations of the United States. (f) Reports.-- (1) Reports to secretary.--For each year during the term of a loan made under subsection (d), the State or Indian tribe that received the loan shall submit to the Secretary a report describing the State or tribal alternative energy sources program for which the loan was made and the activities conducted under the program using the loan funds during that year. (2) Report to congress.--Not later than September 30 of each year that loans made under subsection (d) are outstanding, the Secretary shall submit a report to the Congress describing the total amount of such loans provided under subsection (d) to each eligible State and Indian tribe during the fiscal year ending on such date, and an evaluation on effectiveness of the Fund. (g) Authorization of Appropriations.--There is authorized to be appropriated to the Fund $5,000,000,000. (h) Definitions.--For purposes of this section, the following definitions shall apply: (1) Indian tribe.--The term ``Indian tribe'' has the meaning given such term in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103). (2) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (3) State.--The term ``State'' means each of the several States, the Commonwealth of Puerto Rico, the District of Columbia, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, the Trust Territories of the Pacific, or any other possession of the United States.

Summary: Energy Conservation Opportunity Fund Act of 2008 or the ECO Fund Act of 2008 - Establishes in the Treasury an Alternative Energy Sources State Revolving Fund. Directs the Secretary of Housing and Urban Development to use amounts in the Fund to provide loans to states and Indian tribes to provide incentives to owners of single family and multifamily housing, commercial properties, and public buildings to provide: (1) renewable energy sources, such as wind, wave, solar, biomass, or geothermal energy, for such structures; (2) energy efficiency and energy conserving improvements and features for such structures; or (3) infrastructure related to the delivery of electricity and hot water for structures lacking such amenities.


SECTION 1. CENTENNIAL CHALLENGE PROGRAM. Title III of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2451 et seq.), is amended by adding at the end the following: ``SEC. 316. AUTHORITY FOR COMPETITIVE PRIZE AWARD PROGRAM TO ENCOURAGE DEVELOPMENT OF ADVANCED SPACE AND AERONAUTICAL TECHNOLOGIES. ``(a) Program Authorized.--The Administrator may carry out a program, known as the Centennial Challenge Program, to award prizes to stimulate innovation in basic and applied research, technology development, and prototype demonstration that have the potential for application to the performance of the space and aeronautical activities of the Administration. ``(b) Program Requirements.-- ``(1) Competitive process.--Recipients of prizes under the program under this section shall be selected through one or more competitions conducted by the Administrator. ``(2) Advertisement of competitions.--The Administrator shall widely advertise any competitions conducted under the program. ``(c) Registration; Assumption of Risk.-- ``(1) Registration.--Each potential recipient of a prize in a competition under the program under this section shall register for the competition. ``(2) Assumption of risk.--In registering for a competition under paragraph (1), a potential recipient of a prize shall assume any and all risks, and waive claims against the United States Government and its related entities (including contractors and subcontractors at any tier, suppliers, users, customers, cooperating parties, grantees, investigators, and detailees), for any injury, death, damage, or loss of property, revenue, or profits, whether direct, indirect, or consequential, arising from participation in the competition, whether such injury, death, damage, or loss arises through negligence or otherwise, except in the case of willful misconduct. ``(d) Budgeting and Awarding of Funds.-- ``(1) Availability of funds.--Any funds appropriated to carry out this section shall remain available until expended, but for not more than 4 fiscal years. ``(2) Deposit and withdrawal of funds.--When a prize is offered, the total amount of funding made available for that prize shall be deposited in the Centennial Challenge Trust Fund. If funding expires before a prize is awarded, the Administrator shall deposit additional funds in the account to ensure the availability of funding for all prizes. If a prize competition expires before its goals are met, the Administrator may redesignate those funds for a new challenge, but any redesignated funds will be considered as newly deposited for the purposes of paragraph (3). All cash awards made under this section shall be paid from that account. ``(3) Overall limit.--The Administrator may not deposit more than $25,000,000 annually in the Centennial Challenge Trust Fund. ``(4) Maximum prize.--No competition under the program may result in the award of more than $1,000,000 in cash prizes without the approval of the Administrator. ``(e) Relationship to Other Authority.--The Administrator may exercise the authority in this section in conjunction with or in addition to any other authority of the Administrator to acquire, support, or stimulate basic and applied research, technology development, or prototype demonstration projects.''. SEC. 2. NATIONAL AERONAUTICS AND SPACE FOUNDATION. Title III of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2451 et seq.), as amended by section 1, is amended by adding at the end the following: ``SEC. 317. NATIONAL AERONAUTICS AND SPACE FOUNDATION. ``(a) In General.--There is established a charitable and nonprofit corporation to be known as the National Aeronautics and Space Foundation. ``(b) Purposes.--The purposes of the foundation are-- ``(1) to encourage private gifts of real and personal property or any income therefrom or other interest therein for the benefit of, or in connection with, NASA, its activities, or its services; and ``(2) to further the public's knowledge of and inspiration by the Earth, the Earth's atmosphere, space, and celestial bodies in space, for current and future generations of Americans. ``(c) Board of Directors.-- ``(1) In general.--The Foundation shall be governed by a board of directors of 6 individuals appointed by the Administrator, in consultation with the chairman and ranking member of the Senate Committee on Commerce, Science, and Transportation and of the House of Representatives Committee on Science. The Administrator shall designate 1 member to serve as chair. ``(2) Term of office.--Each member shall serve for a term of 6 years, except that of the members first appointed to the board-- ``(A) 1 member shall be appointed for a term of 1 year; ``(B) 1 member shall be appointed for a term of 2 years; ``(C) 1 member shall be appointed for a term of 3 years; ``(D) 1 member shall be appointed for a term of 4 years; ``(E) 1 member shall be appointed for a term of 5 years; and ``(F) 1 member shall be appointed for a term of 6 years. ``(3) Vacancies.--An individual appointed to fill a vacancy occurring other than by the expiration of a term shall be appointed for the remainder of the term of the former member the individual succeeds. ``(4) Status.--Membership on the Board shall not be deemed to be an office within the meaning of the statutes of the United States. ``(5) Administrator to serve ex officio.--The Administrator shall be a member of the board ex officio but without the right to vote. ``(6) By-laws.--Upon the appointment and qualification of all members of the board, the board may by majority vote adopt by-laws, adopt an official seal (which shall be judicially recognized), and establish a schedule for meetings and a mechanism for calling non-scheduled meetings. Except as provided in the preceding sentence and unless modified by the Board-- ``(A) a majority of the members serving shall consitute a quorum; and ``(B) the board shall meet at least once each year and at the call of the chair. ``(7) Compensation and expenses.--No compensation shall be paid to the members of the Board for their services as members, but they shall be reimbursed for actual and necessary traveling and subsistence expenses incurred by them in the performance of their duties as such members out of Foundation funds available to the Board for such purposes. ``(d) Powers and Duties.-- ``(1) In general.--Except as otherwise provided in this section, the Foundation shall have the powers of, and be subject to the limitations of, a charitable and nonprofit corporation provided under the laws of the State (or the District of Columbia) in which it is incorporated. ``(2) Perpetual succession; member liability.--The Foundation shall have perpetual succession, with all the usual powers and obligations of a corporation acting as a trustee, including the power to sue and to be sued in its own name, but the members of the Board shall not be personally liable, except for malfeasance. ``(3) Contracts; grants; other instruments.--The Foundation shall have the power to enter into contracts or grants, to execute instruments, and generally to do any and all lawful acts necessary or appropriate to its purposes as approved by the board. ``(4) Gifts; devises; bequests.-- ``(A) In general.--Except as provided in subparagraph (B), the Foundation may accept, receive, solicit, hold, administer, and use any gifts, devises, or bequests, either absolutely or in trust, of real or personal property or any income therefrom or other interest therein for the benefit of or in connection with, NASA, its activities, or its services, including a gift, devise, or bequest that is encumbered, restricted, or subject to beneficial interests of private persons if any current or future interest therein is for the benefit of NASA, its activities, or its services. For purposes of this paragraph, an interest in real property includes easements or other rights for preservation, conservation, protection, or enhancement by and for the public of natural, scenic, historic, scientific, educational, inspirational, or recreational resources. ``(B) Limitation.--The Foundation may not accept a gift, devise, or bequest which entails any expenditure other than from the resources of the Foundation. ``(e) Tax Status and Functions.-- ``(1) Tax-exempt status of foundation.--The Foundation and any income or property received or owned by it, and all transactions relating to such income or property, shall be exempt from all Federal, State, and local taxation with respect thereto. ``(2) In-lieu-of payments.--The Foundation may, in the discretion of the board-- ``(A) contribute toward the costs of local goverment in amounts not in excess of those which it would be obligated to pay such government if it were not exempt from taxation under paragraph (A) or by virtue of its being a charitable and nonprofit corporation; and ``(B) may contribute with respect to property transferred to it and the income derived therefrom if such agreement is a condition of the transfer. ``(3) Deductibility of contributions to foundation.--Gifts and other transfers made to or for the use of the Foundation shall be regarded as contributions, gifts, or transfers to or for the use of the United States. ``(f) Cooperative Work With NASA.-- ``(1) NASA support contracts.--The Administrator may contract with the Foundation for the performance of its duties and activities in support of the Administration. ``(2) NASA may not accept funds from foundation.--Neither NASA nor any employee thereof may be authorized to accept funds from the Foundation. ``(3) Foundation funding may not supplement appropriated funds activities.--Except as otherwise specifically provided by statute, the Foundation may not obligate or expend funds to directly supplement any program or activity of NASA, or any other Federal agency, for which appropriated funds may be obligated or expended. ``(g) Definitions.--In this section: ``(1) Administrator.--The term `Administrator' means the Administrator of the National Aeronautics and Space Administration. ``(2) Board.--The term `board' means the board of directors of the Foundation. ``(3) Foundation.--The term `Foundation' means the National Aeronautics and Space Foundation established by subsection (a). ``(4) NASA.--The term `NASA' means the National Aeronautics and Space Administration.''.

Summary: Amends the National Aeronautics and Space Act of 1958 to: (1) authorize the Administrator of the National Aeronautics and Space Administration (NASA) to carry out a Centennial Challenge Program to award prizes to stimulate innovation in basic and applied research, technology development, and prototype demonstration that have the potential for application to the performance of NASA's space and aeronautical activities; and (2) establish a charitable and nonprofit corporation to be known as the National Aeronautics and Space Foundation to encourage private gifts of real and personal property for the benefit of, or in connection with, NASA and to further the public's knowledge of, and inspiration by, the Earth and space.


SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Bankruptcy Fairness and Employee Benefits Protection Act of 2014''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title. TITLE I--FAIRNESS FOR EMPLOYEES AND RETIREES IN CORPORATE BANKRUPTCIES Sec. 101. Prohibition of unfair reductions to employee and retiree benefits. Sec. 102. Payment of insurance benefits to retirees. Sec. 103. Fair treatment of compensation. Sec. 104. Venue; change of venue. Sec. 105. Protection of benefits in chapter 9 bankruptcy. Sec. 106. Requirement to make pension contributions. TITLE II--PROTECTION OF EMPLOYEE AND RETIREE HEALTH BENEFITS Sec. 201. Notification of extent to which health benefits can be modified or terminated. Sec. 202. Protection of retirees under certain collectively bargained agreements. Sec. 203. Comptroller General report. TITLE I--FAIRNESS FOR EMPLOYEES AND RETIREES IN CORPORATE BANKRUPTCIES SEC. 101. PROHIBITION OF UNFAIR REDUCTIONS TO EMPLOYEE AND RETIREE BENEFITS. (a) Collective Bargaining Agreements.--Section 1113 of title 11, United States Code, is amended-- (1) in subsection (b)-- (A) in paragraph (1)(A), by striking ``necessary modifications in the employees benefits and protections that are necessary to permit the reorganization of the debtor'' and insert ``minimum modifications in the employees benefits and protections that are necessary to prevent the liquidation of the debtor''; and (B) by adding at the end the following: ``(3)(A) If the proposal made under paragraph (1) provides for a modification of the health insurance benefits of employees of the debtor, the proposal shall provide for a modification of the health insurance benefits of officers and directors of the debtor-- ``(i) to, at a minimum, be comparable to the modification of health insurance benefits of employees of the debtor; and ``(ii) such that the health insurance benefits of officers and directors are not more generous than those of employees of the debtor. ``(B) If the proposal made under paragraph (1) provides for a modification of any benefit of employees of the debtor other than health insurance benefits, including wages and pension benefits, the proposal shall provide for a modification of such benefit of officers and directors of the debtor that is, at a minimum, in an amount equal to the percentage by which such benefit of employees of the debtor was modified.''; (2) in subsection (c)-- (A) in paragraph (1), by striking ``subsection (b)(1)'' and inserting ``paragraphs (1) and (3) of subsection (b)''; (B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (C) by inserting after paragraph (1) the following: ``(2) the debtor established by clear and convincing evidence that any modification of the benefits and protections of an employee of the debtor proposed under subsection (b)(1) is the minimum modification necessary to prevent the liquidation of the debtor;''; and (3) by adding at the end the following: ``(g) The rejection of a collective bargaining agreement under this section constitutes a breach of the agreement, and shall entitle employees of the debtor to a claim for damages.''. (b) Health Insurance Benefits of Retired Employees.--Section 1114 of title 11, United States Code, is amended-- (1) in subsection (f)-- (A) in paragraph (1)(A), by striking ``necessary modifications in the retiree benefits that are necessary to permit the reorganization of the debtor'' and insert ``minimum modifications in the retiree benefits that are necessary to prevent the liquidation of the debtor''; and (B) by adding at the end the following: ``(3) If the proposal made under paragraph (1) provides for a modification of the health insurance benefits of retired employees of the debtor, the proposal shall provide for a modification of the health insurance benefits of officers and directors of the debtor-- ``(A) to, at a minimum, be comparable to the modification of health insurance benefits of retired employees of the debtor; and ``(B) such that the health insurance benefits of officers and directors are not more generous than those of retired employees of the debtor.''; and (2) in subsection (g)(3), by striking ``necessary to permit the reorganization of the debtor'' and insert ``the minimum modification necessary to prevent the liquidation of the debtor''. SEC. 102. PAYMENT OF INSURANCE BENEFITS TO RETIREES. (a) In General.--Section 1114(j) of title 11, United States Code, is amended to read as follows: ``(j)(1) No claim for retiree benefits shall be limited by section 502(b)(7). ``(2)(A) A retired employee whose retiree benefits are modified under subsection (e)(1) or (g) shall have a claim in an amount equal to the value of the retiree benefits lost as a result of the modification, which shall be reduced by the amount paid by a debtor under subparagraph (B). ``(B)(i) In accordance with section 1129(a)(13)(B), a debtor shall pay a retired employee with a claim under subparagraph (A)-- ``(I) cash in an amount equal to the 2-year cost of premiums for continuation coverage (as defined in section 602 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1162)) for the retired employee under section 602(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1162(3)); or ``(II) if the retired employee is not eligible for continuation coverage, cash in an amount equal to the 2-year cost of premiums for a comparable health insurance plan offered through a State Exchange, Federally Facilitated Exchange, or Federal-State Partnership Exchange established under the Patient Protection and Affordable Care Act (42 U.S.C. 18001 et seq.). ``(ii) Notwithstanding clause (i), if the court determines it to be in the interest of fairness and equity, the court may require a debtor to pay a retired employee with a claim under subparagraph (A) cash in an amount equal to the cost of premiums for continuation coverage under clause (i)(I) or for a comparable health insurance plan under clause (i)(II) for a period of more than 2 years. ``(iii) The amount paid by a debtor under this subparagraph shall not exceed the amount of the claim under subparagraph (A). ``(C) Any amount of the claim under subparagraph (A) that is not paid under subparagraph (B) shall be a general unsecured claim.''. (b) Confirmation of Plan.--Section 1129(a)(13) of title 11, United States Code, is amended to read as follows: ``(13) The plan provides-- ``(A) for the continuation, after the effective date of the plan, of the payment of all retiree benefits (as defined in section 1114(a)), at the level established pursuant to subsection (e)(1) or (g) of section 1114, at any time before the confirmation of the plan, for the duration of the period the debtor has obligated itself to provide such benefits; and ``(B) that the holder of a claim under section 1114(j)(2)(A) shall receive from the debtor, on the effective date of the plan, cash equal to the amount calculated under section 1114(j)(2)(B).''. SEC. 103. FAIR TREATMENT OF COMPENSATION. (a) Prohibition of Bonus Payments.--Section 503(c) of title 11, United States Code, is amended-- (1) in paragraph (2)(B), by striking ``or'' at the end; (2) by redesignating paragraph (3) as paragraph (4); and (3) by inserting after paragraph (2) the following: ``(3) a bonus payment to an insider of the debtor, including an incentive-based bonus payment; or''. (b) Increased Priority Claim Amount for Employee Wages and Benefits.--Section 507(a) of title 11, United States Code, is amended-- (1) in paragraph (4)-- (A) by striking ``$10,000'' and inserting ``$25,000''; and (B) by striking ``180 days'' and inserting ``1 year''; and (2) in paragraph (5)-- (A) in subparagraph (A), by striking ``180 days'' and inserting ``1 year''; and (B) in subparagraph (B)(i), by striking ``$10,000'' and inserting ``$25,000''. (c) Recovery of Excess Compensation.--Section 547 of title 11, United States Code, is amended by adding at the end the following: ``(j) The court, upon motion of a party in interest, may prohibit a transfer of compensation made to an insider of the debtor within 1 year before the date on which the petition is filed if the court finds, after notice and hearing, that the transfer-- ``(1) was not made in the ordinary course of business; or ``(2) resulted in unjust enrichment.''. SEC. 104. VENUE; CHANGE OF VENUE. Chapter 87 of title 28, United States Code, is amended-- (1) by amending section 1408 to read as follows: ``Sec. 1408. Venue of cases under title 11 ``Except as provided in section 1410, a case under title 11 shall be commenced in the district court for the district in which the largest share of employees, retired employees, physical assets, and operations of the person or entity that is the subject of the case were located in the year immediately preceding the commencement of the case.''; and (2) in section 1412, by striking ``to a district court for another district'' and inserting ``to the district court for the district in which the principal place of business in the United States of the person or entity that is the subject of the case was located in the year immediately preceding the commencement of the case''. SEC. 105. PROTECTION OF BENEFITS IN CHAPTER 9 BANKRUPTCY. Section 901(a) of title 11, United States Code, is amended-- (1) by inserting ``507(a)(4), 507(a)(5),'' after ``507(a)(2)''; (2) by inserting ``1113, 1114,'' after ``1111(b)''; and (3) by inserting ``1129(a)(13),'' after ``1129(a)(10)''. SEC. 106. REQUIREMENT TO MAKE PENSION CONTRIBUTIONS. (a) Requirement To Pay Minimum Funding Contributions.--Subchapter I of chapter 11 of title 11, United States Code, is amended by adding at the end the following: ``Sec. 1117. Duty of debtor in possession to make required pension contributions ``(a) Definitions.--In this section-- ``(1) the term `pension plan' has the meaning given that term under section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002); and ``(2) the term `required pension contributions' means contributions necessary to satisfy the minimum funding standards under sections 412 and 430 of the Internal Revenue Code of 1986 and sections 302 and 303 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1082 and 1083), including any required installment contributions. ``(b) Requirement.--A debtor in possession that sponsors a pension plan or is a member of the controlled group with respect to such a plan, or the trustee of the debtor in possession, shall-- ``(1) make all required pension contributions to the pension plan that become due after the filing of the petition; and ``(2) make such contributions on or before the due dates specified in section 430(j) of the Internal Revenue Code and section 303(j) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1083(j)).''. (b) Treatment as Administrative Expenses.--Section 503(b) of title 11, United States Code, is amended-- (1) in paragraph (8)(B), by striking ``and'' at the end; (2) in paragraph (9), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(10) any required pension contributions under section 1117 due to be made after the filing of the petition that are unpaid.''. (c) Perfection of Statutory Liens for Missed Pension Contributions.--Section 362(b) of title 11, United States Code, is amended-- (1) in paragraph (27), by striking ``and'' at the end; (2) in paragraph (28), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(29) under subsection (a), of any act to perfect, or to maintain or continue the perfection of, a statutory lien imposed by section 430(k) of the Internal Revenue Code of 1986 or section 303(k) of the Employee Retirement Income Security Act (29 U.S.C. 1083(k)) (which shall not be voidable under section 545 of this title), for failure to make contribution payments required under those sections, without regard to whether such contributions became due or whether such lien arose before or after the filing of the petition.''. TITLE II--PROTECTION OF EMPLOYEE AND RETIREE HEALTH BENEFITS SEC. 201. NOTIFICATION OF EXTENT TO WHICH HEALTH BENEFITS CAN BE MODIFIED OR TERMINATED. (a) Inclusion in Summary Plan Description.--Section 102(b) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1022) is amended by inserting ``; in the case of a group health plan (as so defined), whether the provisions of the plan permit the plan sponsor or any employer participating in the plan to unilaterally modify or terminate the benefits under the plan with respect to employees, retired employees, and beneficiaries, and when and to what extent benefits under the plan are fully vested with respect to employees, retired employees, and beneficiaries'' after ``the name and address of such issuer''. (b) Presumption That Retired Employee Health Benefits Cannot Be Modified or Terminated.--Section 502 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132) is amended by adding at the end the following new subsection: ``(n) In the case of a suit brought under this title by a participant or beneficiary relating to benefits of a retired employee or the dependents of a retired employee under a group health plan (as defined in section 733(a)(1)), the presumption for purposes of such suit shall be that as of the date an employee retires or completes 20 years of service with the employer, benefits available under the plan during retirement of the employee are fully vested and cannot be modified or terminated for the life of the employee or, if longer, the life of the employee's spouse. This presumption can be overcome only upon a showing, by clear and convincing evidence, that the terms of the group health plan allow for a modification or termination of benefits available under the plan and that the employee, prior to becoming a participant in the plan, was made aware, in clear and unambiguous terms, that the plan allowed for such modification or termination of benefits.''. SEC. 202. PROTECTION OF RETIREES UNDER CERTAIN COLLECTIVELY BARGAINED AGREEMENTS. Section 8 of the National Labor Relations Act (29 U.S.C. 158) is amended by adding at the end the following: ``(h) It shall be an unfair labor practice for any labor organization and any employer to enter into any contract or agreement, express or implied, whereby the organization and employer agree to modify the terms of any previous agreement in a manner that would result in a reduction or termination of retiree health insurance benefits provided to an employee or a dependent of an employee under the previous agreement, if such modification of the terms of the previous agreement occurs after the date on which the employee retires.''. SEC. 203. COMPTROLLER GENERAL REPORT. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the strategies that corporations use to avoid obligations to pay promised employee and retiree benefits. (b) Contents.--The report under subsection (a) shall include a discussion of-- (1) the use of spin-offs, mergers, subsidiaries, bankruptcies, asset sales, and other strategies to avoid obligations to pay promised employee and retiree benefits; (2) the impact of such avoidance on the financial, physical, and mental well-being of employees and retirees; (3) the impact on Federal and State budgets when employers terminate or reduce the benefits of employees and retirees, including the costs that are incurred when employees and retirees seek assistance from Federal and State government programs and services as a result of the termination or reduction of their employment-related benefits; and (4) recommendations to prevent corporations from evading contractual obligations to pay employee and retiree benefits.

Summary: Bankruptcy Fairness and Employee Benefits Protection Act of 2014 - Amends federal bankruptcy law to require the debtor in possession, prior to filing an application seeking rejection of a collective bargaining agreement, to propose only those minimum modifications to employee and retiree benefits and protections (including health insurance) that are necessary to prevent liquidation of the debtor. Requires a proposal which modifies employee or retired employee health insurance benefits to modify also the health insurance benefits of the debtor's officers and directors so that their benefits are not more generous than those of debtor's employees. Requires a proposal which modifies other employee benefits, including wages and pension benefits, also to modify such benefits of the debtor's officers and directors by an amount that, at a minimum, is equal to the percentage by which the employees' benefits are modified. Conditions court approval of an application for rejection of a collective bargaining agreement upon a finding that the debtor has established by clear and convincing evidence that modification of employee benefits and protections is the minimum modification necessary to prevent the debtor's liquidation. Declares that rejection of a collective bargaining agreement constitutes a breach of the agreement that entitles debtor's employees to a claim for damages. Grants any retirees whose benefits are modified by a court according to certain procedures a claim equal to the value of benefits lost as a result of the modification. Requires a debtor to pay cash to a retired employee making a claim in an amount equal to the two-year cost of premiums for: (1) continuation coverage; or (2) a comparable health insurance plan offered through a health care exchange established under the Patient Protection and Affordable Care Act. Authorizes the court to require the debtor to pay such retiree claim in an amount equal to the cost of premiums for continuation of coverage, or for such a health insurance plan, for more than two years. Prohibits allowance or payment of a bonus payment to an insider of the debtor, including an incentive-based bonus payment. Increases the priority claim amount for employee wages and benefits. Authorizes the court to prohibit a transfer of compensation made to an insider of the debtor within one year before the petition is filed if it finds that the transfer: (1) was not made in the ordinary course of business, or (2) resulted in unjust enrichment. Amends the Judicial Code to require that a case under bankruptcy law be commenced in the district court for the district in which the largest share of employees, retired employees, physical assets, and operations of the person or entity that is the subject of the case were located in the year immediately preceding commencement of the case. Requires a debtor in possession that sponsors a pension plan or is a member of the controlled group with respect to such a plan, or the trustee of the debtor in possession, to make all required pension contributions that fall due after filing the petition in bankruptcy. Amends the Employee Retirement Income Security Act of 1974 (ERISA) to require the mandatory summary description of a group health plan to declare: (1) whether the plan permits either the plan sponsor or any participating employer to unilaterally modify or terminate plan benefits affecting employees, retirees, and beneficiaries; and (2) when and to what extent plan benefits are fully vested with respect to these individuals. Presumes that retiree health benefits cannot be modified or terminated as of the date an employee retires or completes 20 years of service with the employer. Allows this presumption to be overcome only upon a showing, by clear and convincing evidence, that the employee, before becoming a plan participant, was made aware, in clear and unambiguous terms, that the plan allowed for such a modification or termination of benefits. Amends the National Labor Relations Act to make it an unfair labor practice for a labor organization and employer to enter into a contract or agreement to modify a previous agreement in a manner that results in a reduction or termination of retiree health insurance benefits, if the modification occurs after the retiree's retirement date. Directs the Comptroller General (GAO) to report to Congress on strategies used by corporations to avoid obligations to pay promised employee and retiree benefits.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Global Nuclear Security Initiative Act of 2002''. SEC. 2. SECURITY OF NUCLEAR MATERIALS AND FACILITIES WORLDWIDE. (a) Sense of Congress on Program To Secure Stockpiles of Highly Enriched Uranium and Plutonium.--(1) It is the sense of Congress that the Secretary of Energy, in consultation with the Secretary of State and Secretary of Defense, should develop a comprehensive program of activities to encourage all countries with nuclear materials to adhere to, or to adopt standards equivalent to, the International Atomic Energy Agency standard on The Physical Protection of Nuclear Material and Nuclear Facilities (INFCIRC/225/Rev.4), relating to the security of stockpiles of highly enriched uranium (HEU) and plutonium (Pu). (2) To the maximum extent practicable, the program should be developed in consultation with the Russian Federation, other Group of 8 countries, and other allies of the United States. (3) Activities under the program may include specific, targeted incentives intended to encourage countries that cannot undertake the expense of conforming to the standard referred to in paragraph (1) to relinquish their highly enriched uranium or plutonium, including incentives in which a country, group of countries, or international body-- (A) purchases such materials and provides for their security (including by removal to another location); (B) undertakes the costs of decommissioning facilities that house such materials; (C) in the case of research reactors, converts such reactors to low-enriched uranium reactors; or (D) upgrades the security of facilities that house such materials in order to meet stringent security standards that are established for purposes of the program based upon agreed best practices. (b) Study of Program To Secure Certain Radiological Materials.--(1) The Secretary of Energy, acting through the Administrator for Nuclear Security, shall require the Office of International Materials Protection, Control, and Accounting of the Department of Energy to conduct a study to determine the feasibility and advisability of developing a program to secure radiological materials outside the United States that pose a threat to the national security of the United States. (2) The study under paragraph (1) shall include the following: (A) An identification of the categories of radiological materials that are covered by that paragraph, including an order of priority for securing each category of such radiological materials. (B) An estimate of the number of sites at which such radiological materials are present. (C) An assessment of the effort required to secure such radiological materials at such sites, including-- (i) a description of the security upgrades, if any, that are required at such sites; (ii) an assessment of the costs of securing such radiological materials at such sites; (iii) a description of any cost-sharing arrangements to defray such costs; (iv) a description of any legal impediments to such effort, including a description of means of overcoming such impediments; and (v) a description of the coordination required for such effort among appropriate United States Government entities (including the Nuclear Regulatory Commission), participating countries, and international bodies (including the International Atomic Energy Agency). (D) A description of the pilot project undertaken in Russia. (3) In identifying categories of radiological materials under paragraph (2)(A), the Secretary shall take into account matters relating to specific activity, half-life, radiation type and energy, attainability, difficulty of handling, and toxicity, and such other matters as the Secretary considers appropriate. (4) Not later than one year after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study conducted under this subsection. The report shall include the matters specified under paragraph (2) and such other matters, including recommendations, as the Secretary considers appropriate as a result of the study. (5) In this subsection, the term ``radiological material'' means any radioactive material, other than plutonium or uranium enriched above 20 percent uranium-235. (c) Study of Actions To Address Terrorist Threat to Nuclear Power Plants Outside the United States.--(1) The Secretary of Energy shall, in consultation with the Nuclear Regulatory Commission and the International Atomic Energy Agency, conduct a study of the feasibility and advisability of various actions to reduce the risks associated with terrorist attacks on nuclear power plants outside the United States. (2) Not later than nine months after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the results of the study under paragraph (1). The report shall include the following: (A) A description of the actions studied. (B) An assessment of the feasibility and advisability of undertaking one or more such actions. (C) Any other matters, including recommendations, that the Secretary considers appropriate. (d) Amendment of Convention on Physical Protection of Nuclear Materials.--(1) It is the sense of Congress that the President should encourage amendment of the Convention on the Physical Protection of Nuclear Materials in order to provide that the Convention shall-- (A) apply to both the domestic and international use and transport of nuclear materials; (B) incorporate fundamental practices for the physical protection of such materials; and (C) address protection against sabotage involving nuclear materials. (2) In this subsection, the term ``Convention on the Physical Protection of Nuclear Materials'' means the Convention on the Physical Protection of Nuclear Materials, With Annex, done at Vienna on October 26, 1979.

Summary: Global Nuclear Security Initiative Act of 2002 - Expresses the sense of Congress that the Secretary of Energy should develop a comprehensive program of activities to encourage all countries with nuclear materials to adhere to, or adopt standards equivalent to, the International Atomic Energy Agency standard on the Physical Protection of Nuclear Material and Nuclear Facilities relating to the security of stockpiles of highly enriched uranium and plutonium. Directs the Secretary to require the Office of International Materials Protection, Control, and Accounting of the Department of Energy to conduct a study of the feasibility and advisability of developing a program to secure radiological materials outside the United States that pose a threat to U.S. national security. Requires the Secretary to report to Congress on: (1) such study's results; and (2) results of a study by the Secretary of the feasibility and advisability of various actions to reduce the risks associated with terrorist attacks on nuclear power plants outside the United States.Expresses the sense of Congress that the President should encourage amendment of the Convention on the Physical Protection of Nuclear Materials to make it: (1) apply to both domestic and international use and transport of nuclear materials; (2) incorporate fundamental practices for the physical protection of such materials; and (3) address protection against sabotage involving nuclear materials.