SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Conservation Through Trees Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) the utility sector is the largest single source of greenhouse gas emissions in the United States today, producing approximately one-third of the country's emissions; (2) heating and cooling homes accounts for nearly 60 percent of residential electricity usage in the United States; (3) shade trees planted in strategic locations can reduce residential cooling costs by as much as 30 percent; (4) shade trees have significant clean-air benefits associated with them; (5) every 100 healthy large trees removes about 300 pounds of air pollution (including particulate matter and ozone) and about 15 tons of carbon dioxide from the air each year; (6) tree cover on private property and on newly developed land has declined since the 1970s, even while emissions from transportation and industry have been rising; and (7) in over a dozen test cities across the United States, increasing urban tree cover has generated between two and five dollars in savings for every dollar invested in such tree planting. SEC. 3. DEFINITIONS. As used in this Act: (1) The term ``Secretary'' refers to the Secretary of Energy. (2) The term ``retail power provider'' means any entity authorized under applicable State or Federal law to generate, distribute, or provide retail electricity, natural gas, or fuel oil service. (3) The term ``tree-planting organization'' means any nonprofit or not-for-profit group which exists, in whole or in part, to-- (A) expand urban and residential tree cover; (B) distribute young trees for planting; (C) increase awareness of the environmental and energy-related benefits of trees; (D) educate the public about proper tree planting, care, and maintenance strategies; or (E) carry out any combination of the foregoing activities. (4) The term ``tree-siting guidelines'' means a comprehensive list of science-based measurements outlining the species and minimum distance required between trees planted pursuant to this Act, in addition to the minimum required distance to be maintained between such trees and-- (A) building foundations; (B) air conditioning units; (C) driveways and walkways; (D) property fences; (E) preexisting utility infrastructure; (F) septic systems; (G) swimming pools; and (H) other infrastructure as deemed appropriate. SEC. 4. PURPOSES. The purpose of this Act is to establish a grant program to assist retail power providers with the establishment and operation of targeted residential tree-planting programs, for the following purposes: (1) Reducing the peak-load demand for electricity in residential areas during the summer months through direct shading of buildings provided by strategically planted trees. (2) Reducing wintertime demand for energy in residential areas by blocking cold winds from reaching homes, which lowers interior temperatures and drives heating demand. (3) Protecting public health by removing harmful pollution from the air. (4) Utilizing the natural photosynthetic and transpiration process of trees to lower ambient temperatures and absorb carbon dioxide, thus mitigating the effects of climate change. (5) Lowering electric bills for residential ratepayers by limiting electricity consumption without reducing benefits. (6) Relieving financial and demand pressure on retail power providers that stems from large peak-load energy demand. (7) Protecting water quality and public health by reducing stormwater runoff and keeping harmful pollutants from entering waterways. (8) Ensuring that trees are planted in locations that limit the amount of public money needed to maintain public and electric infrastructure. SEC. 5. GENERAL AUTHORITY. (a) Assistance.--The Secretary is authorized to provide financial, technical, and related assistance to retail power providers to assist with the establishment of new, or continued operation of existing, targeted residential tree-planting programs. (b) Public Recognition Initiative.--In carrying out the authority provided under this Act, the Secretary shall also create a national public recognition initiative to encourage participation in tree- planting programs by retail power providers. (c) Eligibility.--Only those programs which utilize targeted, strategic tree-siting guidelines to plant trees in relation to residence location, sunlight, and prevailing wind direction shall be eligible for assistance under this Act. (d) Requirements.--In order to qualify for assistance under this Act, a tree-planting program shall meet each of the following requirements: (1) The program shall provide free or discounted shade- providing or wind-reducing trees to residential consumers interested in lowering their home energy costs. (2) The program shall optimize the electricity-consumption reduction benefit of each tree by planting in strategic locations around a given residence. (3) The program shall either-- (A) provide maximum amounts of shade during summer intervals when residences are exposed to the most sun intensity; or (B) provide maximum amounts of wind protection during fall and winter intervals when residences are exposed to the most wind intensity. (4) The program shall use the best available science to create tree siting guidelines which dictate where the optimum tree species are best planted in locations that achieve maximum reductions in consumer energy demand while causing the least disruption to public infrastructure, considering overhead and underground facilities. (5) The program shall receive certification from the Secretary that it is designed to achieve the goals set forth in paragraphs (1) through (4). In designating criteria for such certification, the Secretary shall collaborate with the United States Forest Service's Urban and Community Forestry Program to ensure that certification requirements are consistent with such above goals. (e) New Program Funding Share.--The Secretary shall ensure that no less than 30 percent of the funds made available under this Act are distributed to retail power providers which-- (1) have not previously established or operated qualified tree-planting programs; (2) are operating qualified tree-planting programs which were established no more than three years prior to the date of enactment of this Act. SEC. 6. AGREEMENTS BETWEEN ELECTRICITY PROVIDERS AND TREE-PLANTING ORGANIZATIONS. (a) Grant Authorization.--In providing assistance under this Act, the Secretary is authorized to award grants only to retail power providers that have entered into binding legal agreements with nonprofit tree-planting organizations. (b) Conditions of Agreement.--Those agreements between retail power providers and tree-planting organizations shall set forth conditions under which nonprofit tree-planting organizations shall provide targeted residential tree-planting programs which may require these organizations to-- (1) participate in local technical advisory committees responsible for drafting general tree-siting guidelines and choosing the most effective species of trees to plant in given locations; (2) coordinate volunteer recruitment to assist with the physical act of planting trees in residential locations; (3) undertake public awareness campaigns to educate local residents about the benefits, cost savings, and availability of free shade trees; (4) establish education and information campaigns to encourage recipients to maintain their shade trees over the long term; (5) serve as the point of contact for existing and potential residential participants who have questions or concerns regarding the tree-planting program; (6) require tree recipients to sign agreements committing to voluntary stewardship and care of provided trees; (7) monitor and report on the survival, growth, overall health, and estimated energy savings of provided trees up until the end of their establishment period which shall be no less than five years; and (8) ensure that trees planted near existing power lines will not interfere with energized electricity distribution lines when mature, and that no new trees will be planted under or adjacent to high-voltage electric transmission lines without prior consultation with the applicable retail power provider receiving assistance under this Act. (c) Lack of Nonprofit Organization.--If qualified nonprofit or not- for-profit tree planting organizations do not exist or operate within areas served by retail power providers applying for assistance under this Act, the requirements of this section shall apply to binding legal agreements entered into by such retail power providers and one of the following entities-- (1) local municipal governments with jurisdiction over the urban or suburban forest; (2) the State Forester for the State in which the tree planting program will operate; or (3) the United States Forest Service's Urban and Community Forestry representative for the State in which the tree- planting program will operate. SEC. 7. TECHNICAL ADVISORY COMMITTEES. (a) Description.--In order to qualify for assistance under this Act, the retail power provider shall establish and consult with a local technical advisory committee which shall provide advice and consultation to the program, and may-- (1) design and adopt an approved plant list that emphasizes the use of hardy, noninvasive tree species and, where geographically appropriate, the use of native or low water-use shade trees or both; (2) design and adopt planting, installation, and maintenance specifications and create a process for inspection and quality control; (3) ensure that tree recipients are educated to care for and maintain their trees over the long term; (4) help the public become more engaged and educated in the planting and care of shade trees; (5) prioritize which sites receive trees, giving preference to locations with the most potential for energy conservation and secondary preference to areas where the average annual income is below the regional median; and (6) assist with monitoring and collection of data on tree health, tree survival, and energy conservation benefits generated under this Act. (b) Compensation.--Individuals serving on local technical advisory committees shall not receive compensation for their service. (c) Composition.--Local technical advisory committees shall be composed of representatives from public, private, and nongovernmental agencies with expertise in demand-side energy efficiency management, urban forestry, or arboriculture, and shall be composed of the following: (1) Up to 4 persons, but no less than one person, representing the retail power provider receiving assistance under this Act. (2) Up to 4 persons, but no less than one person, representing the local tree-planting organization which will partner with the retail power provider to carry out this Act. (3) Up to 3 persons representing local nonprofit conservation or environmental organizations. Preference shall be given to those entities which are organized under section 501(c)(3) of the Internal Revenue Code of 1986, and which have demonstrated expertise engaging the public in energy conservation, energy efficiency, or green building practices or a combination thereof, such that no single organization is represented by more than one individual under this subsection. (4) Up to 2 persons representing a local affordable housing agency, affordable housing builder, or community development corporation. (5) Up to 3, but no less than one, persons representing local city or county government for each municipality where a shade tree-planting program will take place; at least one of these representatives shall be the city or county forester, city or county arborist, or functional equivalent. (6) Up to one person representing the local government agency responsible for management of roads, sewers, and infrastructure, including but not limited to public works departments, transportation agencies, or equivalents. (7) Up to 2 persons representing the nursery and landscaping industry. (8) Up to 3 persons representing the research community or academia with expertise in natural resources or energy management issues. (d) Chairperson.--Each local technical advisory committee shall elect a chairperson to preside over Committee meetings, act as a liaison to governmental and other outside entities, and direct the general operation of the committee; only committee representatives from subsection (c)(1) or subsection (c)(2) of this section shall be eligible to act as local technical advisory committee chairpersons. (e) Credentials.--At least one of the members of each local technical advisory committee shall be certified with one or more of the following credentials: International Society of Arboriculture; Certified Arborist, ISA; Certified Arborist Municipal Specialist, ISA; Certified Arborist Utility Specialist, ISA; Board Certified Master Arborist; or Registered Landscape Architect recommended by the American Society of Landscape Architects. SEC. 8. COST-SHARE PROGRAM. (a) Federal Share.--The Federal share of support for projects funded under this Act shall not exceed 50 percent of the cost of such project and shall be provided on a matching basis. (b) Non-Federal Share.--The non-Federal share of such costs may be paid or contributed by any governmental or nongovernmental entity other than from funds derived directly or indirectly from an agency or instrumentality of the United States. SEC. 9. RULEMAKING. (a) Rulemaking Period.--The Secretary shall be authorized to solicit comments and initiate a rulemaking period that shall last no more than 6 months after the date of enactment of this Act. (b) Competitive Grant Rule.--At the conclusion of the rulemaking period under subsection (a), the Secretary shall promulgate a rule governing a public, competitive grants process through which retail power providers may apply for Federal support under this Act. SEC. 10. NONDUPLICITY. Nothing in this Act shall be construed to supersede, duplicate, cancel, or negate the programs or authorities provided under section 9 of the Cooperative Forestry Assistance Act of 1978 (92 Stat. 369; Public Law 95-313; 16 U.S.C. 2105). SEC. 11. AUTHORIZATION OF APPROPRIATIONS. There are hereby authorized to be appropriated such sums as may be necessary for the implementation of this Act.

Summary: Energy Conservation Through Trees Act - Authorizes the Secretary of Energy (DOE) to provide financial, technical, and related assistance to retail power providers to assist with the establishment of new, or continued operation of existing, targeted residential tree-planting programs. Requires the Secretary to create a national public recognition initiative to encourage participation in tree-planting programs by such providers. Limits assistance provided under this Act to programs that utilize targeted, strategic tree-siting guidelines to plant trees in relation to residence location, sunlight, and prevailing wind direction. Sets forth requirements that must be met for tree-planting programs to qualify for assistance. Authorizes the Secretary to award grants only to providers that have entered into binding legal agreements with nonprofit tree-planting organizations. Requires providers, in order to qualify for assistance, to establish and consult with a local technical advisory committee, which shall provide advice and consultation to the program, and which may: (1) design and adopt an approved plant list that emphasizes the use of hardy, noninvasive tree species, native or low water-use shade trees, or both; (2) design and adopt planting, installation, and maintenance specifications and create a process for inspection and quality control; (3) ensure that tree recipients are educated to care for and maintain their trees over the long term; (4) help the public become more engaged and educated in the planting and care of shade trees; (5) prioritize which sites receive trees, giving preference to locations with the most potential for energy conservation and secondary preference to areas where the average annual income is below the regional median; and (6) assist with monitoring and collection of data on tree health, tree survival, and energy conservation benefits generated under this Act.


SECTION 1. SHORT TITLE; FINDINGS; PURPOSE. (a) Short Title.--This Act may be cited as the ``Home Lead Safety Tax Credit Act of 2003''. (b) Findings.--Congress finds that: (1) Of the 98,000,000 housing units in the United States, 38,000,000 have lead-based paint. (2) Of the 38,000,000 housing units with lead-based paint, 25,000,000 pose a hazard, as defined by Environmental Protection Agency and Department of Housing and Urban Development standards, due to conditions such as peeling paint and settled dust on floors and windowsills that contain lead at levels above Federal safety standards. (3) Though the number of children in the United States ages 1 through 5 with blood levels higher than the Centers for Disease Control action level of 10 micrograms per deciliter has declined to 300,000, lead poisoning remains a serious, entirely preventable threat to a child's intelligence, behavior, and learning. (4) The Secretary of Health and Human Services has established a national goal of ending childhood lead poisoning by 2010. (5) Current Federal lead abatement programs, such as the Lead Hazard Control Grant Program of the Department of Housing and Urban Development, only have resources sufficient to make approximately 7,000 homes lead-safe each year. In many cases, when State and local public health departments identify a lead- poisoned child, resources are insufficient to reduce or eliminate the hazards. (6) Approximately 15 percent of children are lead-poisoned by home renovation projects performed by remodelers who fail to follow basic safeguards to control lead dust. (7) Old windows typically pose significant risks because wood trim is more likely to be painted with lead-based paint, moisture causes paint to deteriorate, and friction generates lead dust. The replacement of old windows that contain lead based paint significantly reduces lead poisoning hazards in addition to producing significant energy savings. (c) Purpose.--The purpose of this section is to encourage the safe removal of lead hazards from homes and thereby decrease the number of children who suffer reduced intelligence, learning difficulties, behavioral problems, and other health consequences due to lead- poisoning. SEC. 2. LEAD ABATEMENT TAX CREDIT. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 (relating to foreign tax credit, etc.) is amended by adding at the end the following new section: ``SEC. 30B. HOME LEAD ABATEMENT. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter an amount equal to 50 percent of the abatement cost paid or incurred by the taxpayer during the taxable year for each eligible dwelling unit of the taxpayer. ``(b) Limitation.--The amount of the credit allowed under subsection (a) for any eligible dwelling unit shall not exceed-- ``(1) $1,500, over ``(2) the aggregate cost taken into account under subsection (a) with respect to such unit for all preceding taxable years. ``(c) Definitions and Special Rules.--For purposes of this section: ``(1) Abatement cost.-- ``(A) In general.--The term `abatement cost' means, with respect to any eligible dwelling unit-- ``(i) the cost for a certified risk assessor to conduct an assessment to determine the presence of a lead-based paint hazard, ``(ii) the cost for a certified lead abatement supervisor to perform the removal of paint and dust, the permanent enclosure or encapsulation of lead-based paint, the replacement of painted surfaces or fixtures, or the removal or permanent covering of soil when lead-based paint hazards are present in such paint, dust, or soil, ``(iii) the cost for a certified lead abatement supervisor to perform all preparation, cleanup, disposal, and postabatement clearance testing activities associated with the activities described in clause (ii), and ``(iv) costs incurred by or on behalf of any occupant of such dwelling unit for any relocation which is necessary to achieve occupant protection (as defined under section 1345 of title 24, Code of Federal Regulations). ``(B) Limitation.--The term `abatement cost' does not include any cost to the extent such cost is funded by any grant, contract, or otherwise by another person (or any governmental agency). ``(2) Eligible dwelling unit.-- ``(A) In general.--The term `eligible dwelling unit' means any dwelling unit-- ``(i) placed in service before 1978, ``(ii) located in the United States, and ``(iii) determined by a certified risk assessor to have a lead-based paint hazard. ``(B) Dwelling unit.--The term `dwelling unit' has the meaning given such term by section 280A(f)(1). ``(3) Lead-based paint hazard.--The term `lead-based paint hazard' has the meaning given such term under part 745 of title 40, Code of Federal Regulations. ``(4) Certified lead abatement supervisor.--The term `certified lead abatement supervisor' means an individual certified by the Environmental Protection Agency pursuant to section 745.226 of title 40, Code of Federal Regulations, or an appropriate State agency pursuant to section 745.325 of title 40, Code of Federal Regulations. ``(5) Certified inspector.--The term `certified inspector' means an inspector certified by the Environmental Protection Agency pursuant to section 745.226 of title 40, Code of Federal Regulations, or an appropriate State agency pursuant to section 745.325 of title 40, Code of Federal Regulations. ``(6) Certified risk assessor.--The term `certified risk assessor' means a risk assessor certified by the Environmental Protection Agency pursuant to section 745.226 of title 40, Code of Federal Regulations, or an appropriate State agency pursuant to section 745.325 of title 40, Code of Federal Regulations. ``(7) Documentation required for credit allowance.--No credit shall be allowed under subsection (a) with respect to any eligible dwelling unit unless-- ``(A) after lead abatement is complete, a certified inspector or certified risk assessor provides written documentation to the taxpayer that includes-- ``(i) a certification that the postabatement procedures (as defined by section 745.227 of title 40, Code of Federal Regulations) have been performed and that the unit does not contain lead dust hazards (as defined by section 745.227(e)(8)(viii) of title 40, Code of Federal Regulations), and ``(ii) documentation showing that the lead abatement meets the requirements of this section, and ``(B) the taxpayer files with the appropriate State agency-- ``(i) the documentation described in subparagraph (A), ``(ii) a receipt from the certified risk assessor documenting the costs of determining the presence of a lead-based paint hazard, ``(iii) a receipt from the certified lead abatement supervisor documenting the abatement cost (other than the costs described in paragraph (1)(A)(i)), and ``(iv) a statement indicating the age of the dwelling unit. ``(8) Basis reduction.--The basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit (determined without regard to subsection (d)). ``(d) Limitation Based on Amount of Tax.--The credit allowed under subsection (a) for the taxable year shall not exceed the excess of-- ``(1) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(2) the sum of the credits allowable under subpart A and sections 27, 29, 30, and 30A for the taxable year. ``(e) Carryforward Allowed.-- ``(1) In general.--If the credit amount allowable under subsection (a) for a taxable year exceeds the amount of the limitation under subsection (d) for such taxable year (referred to as the `unused credit year' in this subsection), such excess shall be allowed as a credit carryforward for each of the 20 taxable years following the unused credit year. ``(2) Rules.--Rules similar to the rules of section 39 shall apply with respect to the credit carryforward under paragraph (1).''. (b) Conforming Amendments.-- (1) Section 1016(a) is amended by striking ``and'' in paragraph (27), by striking the period and inserting ``, and'' in paragraph (28), and by inserting at the end the following new paragraph: ``(29) in the case of an eligible dwelling unit with respect to which a credit for lead abatement was allowed under section 30B, to the extent provided in section 30B(c)(8).''. (2) The table of sections for subpart B of part IV of subchapter A of chapter 1 is amended by inserting after the item relating to section 30A the following new item: ``Sec. 30B. Home lead abatement.''. (c) Effective Date.--The amendments made by this section shall apply to abatement costs incurred after December 31, 2003, in taxable years ending after that date.

Summary: Home Lead Safety Tax Credit Act of 2003 - Amends the Internal Revenue Code to provide owners of residential properties built in the United States before 1978 with a tax credit for lead-based paint abatement costs performed by a certified lead abatement contractor (50 percent of the cost of the abatement, not to exceed $1,500 per dwelling unit).


SECTION 1. SHORT TITLE. This Act may be cited as the ``International Space Station Independent Safety Commission Act of 2004''. SEC. 2. DEFINITIONS. For purposes of this Act-- (1) the term ``Commission'' means the Commission established under this Act; (2) the term ``ISS'' means the International Space Station; (3) the term ``NASA'' means the National Aeronautics and Space Administration; (4) the term ``NASA Administrator'' means the Administrator of NASA; and (5) the term ``NTSB'' means the National Transportation Safety Board. SEC. 3. ESTABLISHMENT OF COMMISSION. (a) Establishment.--The President shall establish an independent, nonpartisan Commission within the executive branch to discover and assess any vulnerabilities of the International Space Station that could lead to its destruction, compromise the health of its crew, or necessitate its premature abandonment. (b) Deadline for Establishment.--The President shall issue an executive order establishing a Commission within 30 days after the date of enactment of this Act. SEC. 4. COMPOSITION OF COMMISSION. (a) Number of Commissioners.--The Commission shall consist of 15 members. (b) Selection.--The members of the Commission shall be chosen in the following manner: (1) The Chairman of the NTSB shall be a member of the Commission. (2) The President shall appoint the remaining 14 members, and shall designate the Chairman and Vice Chairman of the Commission from among its members. (3) Five of the 14 members appointed by the President shall be selected by the President in the following manner: (A) The majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, the minority leader of the House of Representatives, and the President of the collective- bargaining organization including the largest number of NASA engineers, shall each provide to the President a list of candidates for membership on the Commission. (B) The President shall select one of the candidates from each of the 5 lists for membership on the Commission. (4)(A) With the exception of the Chairman of the NTSB, no officer or employee of the Federal Government shall serve as a member of the Commission. (B) No member of the Commission shall have, or have pending, a contractual relationship with NASA. (C) The President may waive the prohibitions in subparagraphs (A) and (B) with respect to the selection of not more than 2 members of the Commission. (5) The President shall not appoint any individual as a member of the Commission who has a current or former relationship with the NASA Administrator that the President determines would constitute a conflict of interest. (6) To the extent practicable, the President shall ensure that the members of the Commission include some individuals with experience relative to human-carrying spacecraft, as well as some individuals with investigative experience and some individuals with legal experience. (7) To the extent practicable, the President shall seek diversity in the membership of the Commission. (c) Deadline for Appointment.--All members of the Commission shall be appointed no later than 60 days after issuance of the executive order establishing the Commission. (d) Initial Meeting.--The Commission shall meet and begin operations as soon as practicable. (e) Quorum; Vacancies.--After its initial meeting, the Commission shall meet upon the call of the Chairman or a majority of its members. Eight members of the Commission shall constitute a quorum. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. SEC. 5. TASKS OF THE COMMISSION. The Commission shall, to the extent possible, undertake the following tasks: (1) Catalog threats to and vulnerabilities of the ISS, including design flaws, natural phenomena, computer software or hardware flaws, sabotage or terrorist attack, number of crewmembers, and inability to adequately deliver replacement parts and supplies, and management or procedural deficiencies. (2) Make recommendations for corrective actions. (3) Provide any additional findings or recommendations considered by the Commission to be important, whether or not they are related to ISS safety. (4) Prepare a report to Congress, the President, and the public. SEC. 6. POWERS OF COMMISSION. (a) In General.-- (1) Hearings and evidence.--The Commission or, on the authority of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out this Act-- (A) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, administer such oaths; and (B) subject to paragraph (2)(A), require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission or such designated subcommittee or designated member may determine advisable. (2) Subpoenas.-- (A) Issuance.-- (i) In general.--A subpoena may be issued under this subsection only-- (I) by the agreement of the Chairman and the Vice Chairman; or (II) by the affirmative vote of 8 members of the Commission. (ii) Signature.--Subject to clause (i), subpoenas issued under this subsection may be issued under the signature of the Chairman or any member designated by a majority of the Commission, and may be served by any person designated by the Chairman or by a member designated by a majority of the Commission. (B) Enforcement.-- (i) In general.--In the case of contumacy or failure to obey a subpoena issued under subparagraph (A), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court. (ii) Additional enforcement.--In the case of a failure of a witness to comply with a subpoena or to testify when summoned under authority of this section, the Commission may, by majority vote, certify a statement of fact constituting such failure to the appropriate United States attorney, who may bring the matter before a grand jury for its action, under the same statutory authority and procedures as if the United States attorney had received a certification under sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192 through 194). (b) Contracting.--The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this Act. (c) Information From Federal Agencies.-- (1) In general.--The Commission may secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates, and statistics for the purposes of this Act. Each department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the Chairman, the chairman of any subcommittee created by a majority of the Commission, or any member designated by a majority of the Commission. (2) Receipt, handling, storage, and dissemination.-- Information shall be received, handled, stored, and disseminated by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive orders. (d) Assistance From Federal Agencies.-- (1) General services administration.--The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the Commission's tasks. (2) Other departments and agencies.--In addition to the assistance prescribed in paragraph (1), departments and agencies of the United States may provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law. (3) NASA engineering and safety center.--The NASA Engineering and Safety Center shall provide data and technical support as requested by the Commission. (e) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. SEC. 7. PUBLIC MEETINGS, INFORMATION, AND HEARINGS. (a) Public Meetings and Release of Public Versions of Reports.--The Commission shall-- (1) hold public hearings and meetings to the extent appropriate; and (2) release public versions of the reports required under this Act. (b) Public Hearings.--Any public hearings of the Commission shall be conducted in a manner consistent with the protection of information provided to or developed for or by the Commission as required by any applicable statute, regulation, or Executive order. SEC. 8. STAFF OF COMMISSION. (a) In General.-- (1) Appointment and compensation.--The Chairman, in consultation with Vice Chairman, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this paragraph may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. Employees of NASA shall not be appointed to the staff of the Commission. (2) Personnel as federal employees.-- (A) In general.--The executive director and any personnel of the Commission shall be considered employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title. (B) Members of commission.--Subparagraph (A) does not apply to members of the Commission. (b) Detailees.--Any Federal Government employee, except for an employee of NASA, may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. (c) Consultant Services.--The Commission may procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. Any consultant or expert whose services are procured under this subsection shall disclose any contract or association it has with NASA or any NASA contractor. SEC. 9. COMPENSATION AND TRAVEL EXPENSES. (a) Compensation.--Each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. (b) Travel Expenses.--While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. SEC. 10. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF. The appropriate Federal agencies or departments shall cooperate with the Commission in expeditiously providing to the Commission members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements. No person shall be provided with access to classified information under this Act without the appropriate security clearances. SEC. 11. REPORTING REQUIREMENTS AND TERMINATION. (a) Interim Reports.--The Commission may submit to the President and Congress interim reports containing such findings, conclusions, and recommendations for corrective actions as have been agreed to by a majority of Commission members. (b) Final Report.--The Commission shall submit to the President and Congress, and make concurrently available to the public, a final report containing such findings, conclusions, and recommendations for corrective actions as have been agreed to by a majority of Commission members. Such report shall include any minority views or opinions not reflected in the majority report. (c) Termination.-- (1) In general.--The Commission, and all the authorities of this Act with respect to the Commission, shall terminate 60 days after the date on which the final report is submitted under subsection (b). (2) Administrative activities before termination.--The Commission may use the 60-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the final report. (d) National Academy of Sciences Review.--The NASA Administrator shall enter into an arrangement with the National Academy of Sciences for a review of compliance with the recommendations of the Commission. The National Academy of Sciences may consult with former members of the Commission as appropriate. The NASA Administrator shall transmit a report to the Congress containing the results of the review not later than 18 months after the date the final report of the Commission is submitted under section 11(b). SEC. 12. FUNDING. Such sums as are necessary to carry out this Act are authorized to be appropriated. Sums authorized by this Act shall remain available until the termination of the Commission.

Summary: International Space Station Independent Safety Commission Act of 2004 - Directs the President to establish, an independent, non-partisan Commission within the executive branch to discover and assess any vulnerabilities of the International Space Station (ISS) that could lead to its destruction, compromise the health of its crew, or necessitate its premature abandonment. Provides for the Commission to consist of 15 members, including the Chairman of the National Transportation Safety Board. Prohibits: (1) any Commission member from having or having pending a contractual relationship with the National Aeronautics and Space Administration (NASA); and (2) the President from appointing any individual as a Commission member who has a current or former relationship with the Administrator of NASA that the President determines would constitute a conflict of interest. Instructs the Commission to undertake the following tasks: (1) catalog threats to and vulnerabilities of the ISS, including sabotage or terrorist attack; (2) make recommendations for corrective actions; and (3) provide any additional findings or recommendations considered by the Commission to be important, whether or not they are related to ISS safety. Sets forth the powers and other authorities of the Commission. Directs the NASA Engineering and Safety Center to provide data and technical support as requested by the Commission. Requires the appropriate Federal agencies or departments to cooperate with the Commission in expeditiously providing appropriate security clearances to the Commission members and staff. Prohibits any person from being provided access to classified information under this Act without the appropriate security clearances. Allows the Commission to submit interim reports containing findings, conclusions, and recommendations for corrective actions to the President and Congress. Terminates the Commission and all the authorities of this Act with respect to the Commission after the Commission's final report containing findings, conclusions, and recommendations for such actions is submitted to the President and Congress and made available to the public. Directs the NASA Administrator to enter into an arrangement with the National Academy of Sciences for a review of compliance with the Commission's recommendations and to transmit a report to Congress containing the results of such review.


SECTION 1. EXTENSION. (a) In General.--Chapter 5 of subtitle B of the Agricultural Marketing Act of 1946 (7 U.S.C. 1636 et seq.) is amended by adding at the end the following new section: ``SEC. 260. TERMINATION OF AUTHORITY. ``The authority provided by this subtitle terminates on September 30, 2010.''. (b) Conforming Amendment and Extension.--Section 942 of the Livestock Mandatory Reporting Act of 1999 (7 U.S.C. 1635 note; Public Law 106-78) is amended by striking ``terminate on September 30, 2005'' and inserting ``(other than section 911 of subtitle A and the amendments made by that section) terminate on September 30, 2010''. SEC. 2. DEFINITIONS. (a) Base Market Hogs.--Section 231(4) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1635i(4)) is amended to read as follows: ``(4) Base market hog.--The term `base market hog' means a barrow or gilt for which no discounts are subtracted from and no premiums are added to the base price.''. (b) Boars.--Section 231(5) of such Act (7 U.S.C. 1635i(5)) is amended to read as follows: ``(5) Boar.--The term `boar' means a sexually-intact male swine.''. (c) Packer of Sows and Boars.--Section 231(12) of such Act (7 U.S.C. 1635i(12)) is amended by-- (1) striking subparagraph (B) and inserting the following new subparagraph: ``(B) for any calendar year, the term includes only-- ``(i) a swine processing plant that slaughtered an average of at least 100,000 swine per year during the immediately preceding five calendar years; and ``(ii) a person that slaughtered an average of at least 200,000 sows, boars, or any combination thereof, per year during the immediately preceding five calendar years; and''; and (2) in subparagraph (C)-- (A) by inserting ``or person'' after ``swine processing plant''; (B) by inserting ``or person'' after ``plant capacity of the processing plant''; and (C) by inserting ``or person'' after ``determining whether the processing plant''. SEC. 3. REPORTING; BARROWS AND GILTS. Section 232(c) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1635j(c)) is amended to read as follows: ``(c) Daily Reporting; Barrows and Gilts.-- ``(1) Prior day report.-- ``(A) In general.--The corporate officers or officially designated representatives of each packer processing plant that processes barrows or gilts shall report to the Secretary, for each business day of the packer, such information as the Secretary determines necessary and appropriate to-- ``(i) comply with the publication requirements of this section; and ``(ii) provide for the timely access to the information by producers, packers, and other market participants. ``(B) Reporting deadline and plants required to report.--A packer required to report under subparagraph (A) shall-- ``(i) not later than 7:00 a.m. Central Time on each reporting day, report information regarding all barrows and gilts purchased or priced, and ``(ii) not later than 9:00 a.m. Central Time on each reporting day, report information regarding all barrows and gilts slaughtered, during the prior business day of the packer. ``(C) Information required.--The information from the prior business day of a packer required under this paragraph shall include-- ``(i) all purchase data, including-- ``(I) the total number of-- ``(aa) barrows and gilts purchased; and ``(bb) barrows and gilts scheduled for delivery; and ``(II) the base price and purchase data for slaughtered barrows and gilts for which a price has been established; ``(ii) all slaughter data for the total number of barrows and gilts slaughtered, including-- ``(I) information concerning the net price, which shall be equal to the total amount paid by a packer to a producer (including all premiums, less all discounts) per hundred pounds of carcass weight of barrows and gilts delivered at the plant-- ``(aa) including any sum deducted from the price per hundredweight paid to a producer that reflects the repayment of a balance owed by the producer to the packer or the accumulation of a balance to later be repaid by the packer to the producer; and ``(bb) excluding any sum earlier paid to a producer that must later be repaid to the packer; ``(II) information concerning the average net price, which shall be equal to the quotient (stated per hundred pounds of carcass weight of barrows and gilts) obtained by dividing-- ``(aa) the total amount paid for the barrows and gilts slaughtered at a packing plant during the applicable reporting period, including all premiums and discounts, and including any sum deducted from the price per hundredweight paid to a producer that reflects the repayment of a balance owed by the producer to the packer, or the accumulation of a balance to later be repaid by the packer to the producer, less all discounts; by ``(bb) the total carcass weight (in hundred pound increments) of the barrows and gilts; ``(III) information concerning the lowest net price, which shall be equal to the lowest net price paid for a single lot or a group of barrows or gilts slaughtered at a packing plant during the applicable reporting period per hundred pounds of carcass weight of barrows and gilts; ``(IV) information concerning the highest net price, which shall be equal to the highest net price paid for a single lot or group of barrows or gilts slaughtered at a packing plant during the applicable reporting period per hundred pounds of carcass weight of barrows and gilts; ``(V) the average carcass weight, which shall be equal to the quotient obtained by dividing-- ``(aa) the total carcass weight of the barrows and gilts slaughtered at the packing plant during the applicable reporting period, by ``(bb) the number of the barrows and gilts described in item (aa), adjusted for special slaughter situations (such as skinning or foot removal), as the Secretary determines necessary to render comparable carcass weights; ``(VI) the average sort loss, which shall be equal to the average discount (in dollars per hundred pounds carcass weight) for barrows and gilts slaughtered during the applicable reporting period, resulting from the fact that the barrows and gilts did not fall within the individual packer's established carcass weight or lot variation range; ``(VII) the average backfat, which shall be equal to the average of the backfat thickness (in inches) measured between the third and fourth from the last ribs, 7 centimeters from the carcass split (or adjusted from the individual packer's measurement to that reference point using an adjustment made by the Secretary) of the barrows and gilts slaughtered during the applicable reporting period; ``(VIII) the average lean percentage, which shall be equal to the average percentage of the carcass weight comprised of lean meat for the barrows and gilts slaughtered during the applicable reporting period, except that when a packer is required to report the average lean percentage under this subclause, the packer shall make available to the Secretary the underlying data, applicable methodology and formulae, and supporting materials used to determine the average lean percentage, which the Secretary may convert to the carcass measurements or lean percentage of the barrows and gilts of the individual packer to correlate to a common percent lean measurement; and ``(IX) the total slaughter quantity, which shall be equal to the total number of barrows and gilts slaughtered during the applicable reporting period, including all types of purchases and barrows and gilts that qualify as packer-owned swine; and ``(iii) packer purchase commitments, which shall be equal to the number of barrows and gilts scheduled for delivery to a packer for slaughter for each of the next 14 calendar days. ``(D) Publication.-- ``(i) In general.--The Secretary shall publish the information obtained under this paragraph in a prior day report-- ``(I) in the case of information regarding barrows and gilts purchased or priced, not later than 8:00 a.m. Central Time, and ``(II) in the case of information regarding barrows and gilts slaughtered, not later than 10:00 a.m. Central Time, on the reporting day on which the information is received from the packer. ``(ii) Price distributions.--The information published by the Secretary under clause (i) shall include a distribution of net prices in the range between and including the lowest net price and the highest net price reported. The publication shall include a delineation of the number of barrows and gilts at each reported price level or, at the option of the Secretary, the number of barrows and gilts within each of a series of reasonable price bands within the range of prices. ``(2) Morning report.-- ``(A) In general.--The corporate officers or officially designated representatives of each packer processing plant that processes barrows or gilts shall report to the Secretary not later than 10:00 a.m. Central Time each reporting day-- ``(i) the packer's best estimate of the total number of barrows and gilts, and barrows and gilts that qualify as packer-owned swine, expected to be purchased throughout the reporting day through each type of purchase; ``(ii) the total number of barrows and gilts, and barrows and gilts that qualify as packer-owned swine, purchased up to that time of the reporting day through each type of purchase; ``(iii) the base price paid for all base market hogs purchased up to that time of the reporting day through negotiated purchases; and ``(iv) the base price paid for all base market hogs purchased through each type of purchase other than negotiated purchase up to that time of the reporting day, unless such information is unavailable due to pricing that is determined on a delayed basis. ``(B) Publication.--The Secretary shall publish the information obtained under this paragraph in the morning report as soon as practicable, but not later than 11:00 a.m. Central Time, on each reporting day. ``(3) Afternoon report.-- ``(A) In general.--The corporate officers or officially designated representatives of each packer processing plant that processes barrows or gilts shall report to the Secretary not later than 2:00 p.m. Central Time each reporting day-- ``(i) the packer's best estimate of the total number of barrows and gilts, and barrows and gilts that qualify as packer-owned swine, expected to be purchased throughout the reporting day through each type of purchase; ``(ii) the total number of barrows and gilts, and barrows and gilts that qualify as packer-owned swine, purchased up to that time of the reporting day through each type of purchase; ``(iii) the base price paid for all base market hogs purchased up to that time of the reporting day through negotiated purchases; and ``(iv) the base price paid for all base market hogs purchased up to that time of the reporting day through each type of purchase other than negotiated purchase, unless such information is unavailable due to pricing that is determined on a delayed basis. ``(B) Publication.--The Secretary shall publish the information obtained under this paragraph in the afternoon report as soon as practicable, but not later than 3:00 p.m. Central Time, on each reporting day.''. SEC. 4. REPORTING; SOWS AND BOARS. Section 232 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1635j) is amended by-- (1) redesignating subsection (d) as subsection (e); and (2) inserting after subsection (c) the following new subsection: ``(d) Daily Reporting; Sows and Boars.-- ``(1) Prior day report.--The corporate officers or officially designated representatives of each packer of sows and boars shall report to the Secretary, for each business day of the packer, such information reported by hog class as the Secretary determines necessary and appropriate to-- ``(A) comply with the publication requirements of this section; and ``(B) provide for the timely access to the information by producers, packers, and other market participants. ``(2) Reporting.--Not later than 9:30 a.m. Central Time, or such other time as the Secretary considers appropriate, on each reporting day, a packer required to report under paragraph (1) shall report information regarding all sows and boars purchased or priced during the prior business day of the packer. ``(3) Information required.--The information from the prior business day of a packer required under this subsection shall include all purchase data, including-- ``(A) the total number of sows purchased and the total number of boars purchased, each divided into at least three reasonable and meaningful weight classes specified by the Secretary; ``(B) the number of sows that qualify as packer-owned swine; ``(C) the number of boars that qualify as packer-owned swine; ``(D) the average price paid for all sows; ``(E) the average price paid for all boars; ``(F) the average price paid for sows in each weight class specified by the Secretary under subparagraph (A); ``(G) the average price paid for boars in each weight class specified by the Secretary under subparagraph (A); ``(H) the number of sows and the number of boars for which prices are determined, by each type of purchase; ``(I) the average prices for sows and the average prices for boars for which prices are determined, by each type of purchase; and ``(J) such other information as the Secretary considers appropriate to carry out this subsection. ``(4) Price calculations without packer-owned swine.--A packer shall omit the prices of sows and boars that qualify as packer- owned swine from all average price calculations, price range calculations, and reports required by this subsection. ``(5) Reporting exception: public auction purchases.--The information required to be reported under this subsection shall not include purchases of sows or boars made by agents of the reporting packer at a public auction at which the title of the sows and boars is transferred directly from the producer to such packer. ``(6) Publication.--The Secretary shall publish the information obtained under this paragraph in a prior day report not later than 11:00 a.m. Central Time on the reporting day on which the information is received from the packer. ``(7) Electronic submission of information.--The Secretary of Agriculture shall provide for the electronic submission of any information required to be reported under this subsection through an Internet website or equivalent electronic means maintained by the Department of Agriculture.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Summary: Amends the Agricultural Marketing Act of 1946 to extend the provisions of the Livestock Mandatory Price Reporting Act of 1999 through September 30, 2010. Amends swine price reporting provisions.


SECTION 1. SHORT TITLE. This Act may be cited as the ``American Family Business Preservation Act''. SEC. 2. REDUCED ESTATE TAX RATE ON FAMILY-OWNED BUSINESS INTERESTS. (a) In General.--Part I of subchapter A of chapter 11 of the Internal Revenue Code of 1986 (relating to tax imposed) is amended by adding at the end the following new section: ``SEC. 2003. REDUCED RATE ON FAMILY-OWNED BUSINESS INTERESTS. ``(a) In General.--In the case of an estate of a decedent to which this section applies, the tax imposed by section 2001 shall not exceed the sum of-- ``(1) a tax computed at the rates and in the manner as if this section had not been enacted on the greater of-- ``(A) the sum described in section 2001(c)(1) reduced by the qualified family-owned business interests, or ``(B) the sum (if any) described in section 2001(c)(1) taxed at a rate below the applicable rate, plus ``(2) a tax equal to the applicable rate of the portion of the taxable estate in excess of the amount determined under paragraph (1). ``(b) Estates to Which Section Applies.--This section shall apply to an estate if-- ``(1) the decedent was (at the date of his or her death) a citizen of the United States, ``(2) the sum of-- ``(A) the value of the qualified family-owned business interests which are included in determining the gross estate and which are acquired from or passed from the decedent to a qualified heir of the decedent, and ``(B) the amount (taken into account under subsection 2001(b)(1)(B)) of the adjusted taxable gifts of such interests to members of the decedent's family, exceeds 50 percent of the adjusted gross estate, and ``(3) during the 8-year period ending on the date of the decedent's death there have been periods aggregating 5 years or more during which-- ``(A) such interests were owned by the decedent or a member of the decedent's family, and ``(B) there was material participation by the decedent or a member of the decedent's family in the operation of the business to which such interests relate. ``(c) Applicable Rate.--For purposes of this section, the applicable rate is-- ``(1) 15 percent if the requirement of subsection (b)(3)(B) is met by a member of the decedent's family, and ``(2) 20 percent in any other case. ``(d) Qualified Family-Owned Business Interest.-- ``(1) In general.--For purposes of this section, the term `qualified family-owned business interest' means-- ``(A) an interest as a proprietor in a trade or business carried on as a proprietorship; ``(B) an interest as a partner in a partnership carrying on a trade or business, if such partnership had 15 or fewer partners; or ``(C) stock in a corporation carrying on a trade or business if such corporation had not more than the number of shareholders specified in section 1361(b)(1)(A). Such term shall not include any interest which is readily tradable on an established securities market or otherwise. ``(2) Rules for applying paragraph (1).--For purposes of paragraph (1), rules similar to the rules of paragraphs (2), (3), (4), and (6) of section 6166(b) shall apply. ``(e) Recapture of Tax Benefit if Interests Not Held for 10 Years.-- ``(1) In general.--If-- ``(A) during the 10-year period beginning on the date of death of the decedent-- ``(i)(I) any portion of a qualified family- owned business interest is distributed, sold, exchanged, or otherwise disposed of, or ``(II) money and other property attributable to such an interest is withdrawn from such trade or business, and ``(B) the aggregate of such distributions, sales, exchanges, or other dispositions and withdrawals equals or exceeds 20 percent of the value of such interest, or there is hereby imposed an additional estate tax. ``(2) Additional estate tax.-- ``(A) In general.--The amount of the additional estate tax imposed by paragraph (1) shall be the applicable percentage of the excess of what would have been the estate tax liability but for subsection (a) over the adjusted estate tax liability. ``(B) Applicable percentage.--For purposes of subparagraph (A), the term `applicable percentage' means 100 percent reduced (but not below zero) by the product of-- ``(i) 10 percentage points, and ``(ii) the number of years (if any) after the date of the decedent's death which the year during which the additional estate tax is imposed by paragraph (1) is after the 1st year after the date of the decedent's death. ``(C) Adjusted estate tax liability.--For purposes of subparagraph (A), the term `adjusted estate tax liability' means the estate tax liability increased by the amount (if any) of any prior additional estate tax imposed by subsection (f). ``(D) Estate tax liability.--For purposes of this paragraph, the term `estate tax liability' means the tax imposed by section 2001 reduced by the credits allowable against such tax. ``(3) Certain rules to apply.--For purposes of this subsection, rules similar to the rules of subparagraphs (B), (C), and (D) of section 6166(g)(1) shall apply. ``(f) Recapture of Portion of Tax Benefit if Heirs Cease to Materially Participate During 10 Years After Death.-- ``(1) In general.--If-- ``(A) the applicable rate which applied under subsection (a) to the estate of the decedent was 15 percent, ``(B) at any time during the 10-year period beginning on the date of death of the decedent, no qualified heir materially participates in the operation of the business to which the qualified family-owned business interests relate, and ``(C) there is no recapture under subsection (e) on or before the earliest date during such 10-year period that no qualified heir so materially participated, there is hereby imposed an additional estate tax. ``(2) Additional estate tax.--The amount of the additional estate tax imposed by paragraph (1) shall be the applicable percentage of the excess of what would have been the estate tax liability but for subsection (c)(1) over the estate tax liability. ``(3) Definitions.--For purposes of paragraph (2), the terms `applicable percentage' and `estate tax liability' have the meanings given to such terms by subsection (e). ``(g) Other Definitions.--For purposes of this section, the terms `qualified heir' and `member of the family' have the meanings given to such terms by section 2032A(e).'' (b) Clerical Amendment.--The table of sections for part I of subchapter A of chapter 11 of such Code is amended by adding at the end the following new item: ``Sec. 2003. Reduced rate on family-owned business interests.'' (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying after the date of the enactment of this section. SEC. 3. LIMITATION ON 4 PERCENT RATE OF INTEREST ON ESTATE TAX EXTENDED UNDER SECTION 6166 NOT TO APPLY TO ESTATE TAX ATTRIBUTABLE TO QUALIFIED FAMILY-OWNED BUSINESS INTERESTS. (a) In General.--Paragraph (2) of section 6601(j) of the Internal Revenue Code of 1986 (relating to 4-percent portion) is amended by adding at the end the following new flush sentence: ``Subparagraph (B) shall not take into account the amount of the tax imposed by chapter 11 which is attributable to qualified family-owned business interests (as defined in section 2003(b)) unless an election is in effect under section 2032A with respect to the estate.''. (b) Effective Date.--The amendment made by this section shall apply to estates of decedents dying after the date of the enactment of this section. SEC. 4. EXTENSION OF ALTERNATE VALUATION DATE TO 40 MONTHS WITH RESPECT TO ESTATE CONSISTING LARGELY OF QUALIFIED FAMILY-OWNED BUSINESS INTERESTS. (a) In General.--Section 2032 of the Internal Revenue Code of 1986 (relating to alternate valuation) is amended by redesignating subsections (c) and (d) as subsections (d) and (e), respectively, and by inserting after subsection (b) the following new subsection: ``(c) Estates Largely Consisting of Qualified Family-Owned Business Interests.--In the case of an estate to which section 2003 applies-- ``(1) subsection (a) shall be applied by substituting `40 months' for `6 months' each place it appears, and ``(2) section 6075(a) (relating to time for filing estate tax return) shall be applied by substituting `43 months' for `9 months'.'' (b) Effective Date.--The amendment made by this section shall apply to estates of decedents dying after the date of the enactment of this section. SEC. 5. INCREASE IN GIFT TAX EXCLUSION. (a) In General.--Subsection (b) of section 2503 of the Internal Revenue Code of 1986 (relating to taxable gifts) is amended by adding at the end the following new sentence: ``In the case of gifts made during a calendar year by a donor to ancestors or lineal descendents of the donor, the aggregate amount of such gifts which are not included in the total amount of gifts by reason of this subsection shall not be less than 15 percent of the donor's earned income (as defined in section 32(c)(2)) for the taxable year ending with or within such calendar year.'' (b) Effective Date.--The amendment made by subsection (a) shall apply to gifts made in calendar years beginning after the date of the enactment of this section. SEC. 6. INCREASE IN UNIFIED ESTATE AND GIFT TAX CREDITS. (a) Estate Tax Credit.-- (1) Subsection (a) of section 2010 of the Internal Revenue Code of 1986 (relating to unified credit against estate tax) is amended by striking ``$192,800'' and inserting ``the applicable credit amount''. (2) Section 2010 of such Code is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: ``(c) Applicable Credit Amount.--For purposes of this section-- ``(1) In general.--The applicable credit amount is the amount of the tentative tax which would be determined under the rate schedule set forth in section 2001(c) if the amount with respect to which such tentative tax is to be computed were $600,000. ``(2) Cost-of-living adjustments.--In the case of any decedent dying in a calendar year after December 31, 1995, the $600,000 amount set forth in paragraph (1) shall be increased by an amount equal to-- ``(A) $600,000, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting `calendar year 1996' for `calendar year 1992' in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $1,000.'' (3) Paragraph (1) of section 6018(a) of such Code is amended by striking ``$600,000'' and inserting ``$600,000 (adjusted as provided in section 2010(c)(2)''. (b) Unified Gift Tax Credit.--Paragraph (1) of section 2505(a) of such Code is amended by striking ``$192,800'' and inserting ``the applicable credit amount in effect under section 2010(c) for such calendar year''. (c) Effective Date.--The amendments made by this section shall apply to the estates of decedents dying, and gifts made, after December 31, 1995.

Summary: American Family Business Preservation Act - Amends the Internal Revenue Code to reduce the rate of estate tax on certain family-owned businesses. Provides for a recapture of tax benefits if the business is not held for at least ten years by the heirs or the heirs do not materially participate during such ten years. Provides that the limitation on the four percent rate of interest on estate tax extended for estates consisting largely of a closely held business is not applicable to estate tax attributable to qualified family-owned business interests. Extends the alternate valuation date from six months to 40 months for estates consisting largely of qualified family-owned business interests. Increases the tax exclusion for gifts to ancestors or descendants. Increases the unified estate and gift tax credits.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Amtrak Reauthorization Act of 2002''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. Section 24104 of title 49, United States Code, is amended to read as follows: ``Sec. 24104. Authorization of appropriations ``(a) Capital Expenses.-- ``(1) Authorization.--There are authorized to be appropriated to the Secretary of Transportation, for the benefit of Amtrak, $800,000,000 for fiscal year 2003 for capital expenditures. ``(2) Payment to amtrak.-- ``(A) New capital projects.--The Secretary shall make payments to Amtrak of amounts authorized under paragraph (1) for capital projects not begun before the date of the enactment of the Amtrak Reauthorization Act of 2002 only if the Secretary has received, either in an annual work plan or a supplement thereto, a description of the work to be funded, a work timetable, cost estimates, and a list of other funding sources if the project is not entirely funded by the Federal Government, with an identification for each project as to which business unit described in subsection (e)(1) it is associated with. The Secretary shall determine, within 30 days after receiving a work plan or supplement, whether each of the capital projects proposed is sufficiently justified. To the extent that the Secretary determines that a project is justified, the Secretary shall make payments under this subparagraph within 30 days after receipt from Amtrak of a request for funds for the project. ``(B) Ongoing capital projects.--In the case of capital projects begun before the date of the enactment of the Amtrak Reauthorization Act of 2002, Amtrak shall transmit to the Secretary within 180 days after such date of enactment a description of the work funded, a work timetable, cost estimates, and a list of other funding sources if the project is not entirely funded by the Federal Government. The Secretary shall determine, within 30 days after receiving a description of the work funded, whether each of the capital projects proposed is sufficiently justified. To the extent that the Secretary determines that a project is justified, the Secretary shall make payments under this subparagraph within 30 days after receipt from Amtrak of a request for funds for the project. The Secretary shall not provide any further funding for a project until the Secretary receives a description required under this subparagraph. ``(3) Project oversight.-- ``(A) Notice of changes.--If the scope, timetable, or cost of a project funded under paragraph (2) substantially changes, Amtrak shall notify the Secretary within 30 days after Amtrak learns of the change. ``(B) Oversight.--The Secretary shall conduct oversight activities, including inspections as necessary, to ensure appropriate progress of projects funded under paragraph (2). ``(b) Operating Expenses.-- ``(1) Authorization.--There are authorized to be appropriated to the Secretary, for the benefit of Amtrak, $200,000,000 for fiscal year 2003 for operating expenditures. ``(2) Payment to amtrak.--The Secretary shall make payments to Amtrak of amounts authorized under paragraph (1) as follows: ``(A) 50 percent on October 1. ``(B) 25 percent on January 1. ``(C) 25 percent on April 1. Payments under this paragraph may only be made after 30 days have expired after receipt by the Secretary of all documents due under subsection (e). ``(c) Excess RRTA.-- ``(1) Authorization.--There are authorized to be appropriated to the Secretary, for payment to the Treasury by the Secretary on behalf of Amtrak, for fiscal year 2003 an amount equal to the amount Amtrak is required to pay under section 3221 of the Internal Revenue Code of 1986 that is more than the amount needed for anticipated benefits for individuals who retire from Amtrak and for their beneficiaries. ``(2) Request for transfer of funds.--The Secretary shall make payments to the Treasury of amounts authorized under paragraph (1) only after the Secretary has received from Amtrak a request for the transfer of such funds, which shall include materials supporting, to the satisfaction of the Secretary, the amount of the request. ``(d) Rail Security.--In addition to amounts authorized under subsections (a), (b), and (c), there are authorized to be appropriated to the Secretary of Transportation for fiscal year 2003-- ``(1) $375,000,000 for grants to finance the cost of enhancements to the security and safety of Amtrak intercity rail passenger service; and ``(2) $400,000,000 for grants for life safety improvements to 6 New York Amtrak tunnels built in 1910, the Baltimore & Potomac Amtrak tunnel built in 1872, and the Washington, D.C. Union Station Amtrak tunnels built in 1904 under the Supreme Court and House and Senate Office Buildings. ``(e) Annual Business Plan and Quarterly Assessments.-- ``(1) Business plan.--Not later than September 1, 2002, Amtrak shall transmit to the Secretary a comprehensive business plan for fiscal year 2003, including targets for ridership, revenues, and capital and operating expenses. The plan shall include a separate accounting of such targets for each of the following business units: ``(A) Northeast Corridor. ``(B) Autotrain. ``(C) Amtrak West. ``(D) Each other long-distance intercity train route, accounted for separately. ``(E) Contract Operations. ``(F) Mail and Express. ``(G) Corporate. ``(2) Quarterly assessments.--Not later than 30 days before the beginning of each fiscal quarter, Amtrak shall transmit to the Secretary-- ``(A) an assessment of the extent to which each goal identified in the plan transmitted under paragraph (1) has been achieved; ``(B) an explanation of any failure to achieve such a goal; and ``(C) a description of any deviation from the business plan. The assessment required under subparagraph (A) shall be prepared by an outside financial consultant, which shall not be an entity that has assisted Amtrak in the preparation of a business plan under paragraph (1). ``(3) Certification.--The President of Amtrak shall certify each business plan and quarterly assessment transmitted under this subsection, and any other document required by this section to be transmitted to the Secretary. ``(f) Availability of Amounts and Early Appropriations.--(1) Amounts appropriated under this section remain available until expended. ``(2) Amounts for capital acquisitions and improvements may be appropriated in a fiscal year before the fiscal year in which the amounts will be obligated. ``(g) Limitations on Use.--Amounts appropriated under this section may not be used to subsidize operating losses of commuter rail passenger or rail freight transportation.''.

Summary: Amtrak Reauthorization Act of 2002 - Authorizes appropriations for Amtrak for FY 2003 for: (1) capital expenditures; (2) operating expenses; (3) payment to the Treasury in an amount equal to the tax Amtrak must pay as an employer under the Railroad Retirement Tax Act that is more than the amount needed for anticipated benefits for Amtrak retirees and for their beneficiaries; and (4) certain rail security projects.Requires Amtrak to transmit to the Secretary of Transportation a comprehensive business plan, including targets for ridership, revenues, and capital and operating expenses, and quarterly assessments of the extent to which the business plan goals have been achieved.


SECTION 1. SHORT TITLE. This Act may be cited as ``Joseph Moakley Memorial Fire Safe Cigarette Act of 2002''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Cigarette ignited fires are the leading cause of fire deaths in the United States. (2) In 1998 there were 903 deaths from cigarette ignited fires, 2,453 civilian injuries from such fires, and $411,700,000 in property damage caused by such fires. (3) Nearly 100 children are killed each year from cigarette related fires. (4) The results accomplished under the Cigarette Safety Act of 1984 and the Fire Safe Cigarette Act of 1990 complete the necessary technical work for a cigarette fire safety standard. (5) It is appropriate for Congress to require by law the establishment of a cigarette fire safety standard for the manufacture and importation of cigarettes. (6) A recent study by the Consumer Product Safety Commission found that the cost of the loss of human life and personal property from not having a cigarette fire safety standard is $4,600,000,000 a year. (7) It is appropriate that the regulatory expertise of the Consumer Product Safety Commission be used to implement a cigarette fire safety standard. SEC. 3. CIGARETTE FIRE SAFETY STANDARD. (a) In General.-- (1) Requirement for standard.--Not later than 18 months after the date of the enactment of this Act, the Commission shall, by rule, prescribe one or more fire safety standards for cigarettes to reduce the risk of ignition presented by cigarettes. (2) General test requirements.-- (A) Testing methodology.--Except as provided in paragraph (3), in establishing standards under paragraph (1), the Commission shall use the testing methodology for determining the ignition propensity of cigarettes referred to in ``Relative Ignition Propensity of Test Market Cigarettes--National Institute of Standards and Technology--NIST Technical Note 1436, January, 2001--Appendix D: Cigarette Extinction Method'', together with any requirements specified in this paragraph. (B) Additional requirement.--Testing shall be conducted on 10 layers of filter paper, as described in the testing methodology referred to in subparagraph (A). (C) Complete test trial.--Forty replicate tests shall be required to comprise a complete test trial for each cigarette tested. Test results and the application of an acceptance criterion shall be derived only for complete test trials comprised of 40 replicate tests. (D) Test failure.--A test failure shall consist of more than 25 percent of the cigarettes tested in a test trial failing to self-extinguish before burning the full length of the tobacco column. (3) Cigarettes with unique characteristics.--In establishing standards under paragraph (1) with respect to a cigarette that cannot be tested using the testing methodology referred to in paragraph (2) because of unique or nontraditional characteristics, the Commission shall accept a testing methodology and acceptance criterion that are proposed by the manufacturer or manufacturers of the cigarette if the Commission, after review of the application of the proposed testing methodology and acceptance criterion, determines that the cigarette has an ignition propensity equivalent to or less than cigarettes that pass the acceptance criterion referred to in paragraph (2). (4) Cigarette paper.--In addition to establishing standards under paragraph (1), the Commission may also regulate the ignition propensity of cigarette paper for roll-your-own tobacco products. (5) Exercise of authority.--If the Commission does not prescribe the standard required by paragraph (1) within the time specified in that paragraph, paragraph (1) shall continue to apply, and the provisions of paragraph (2) shall be in effect as a consumer product safety standard under the Consumer Product Safety Act (15 U.S.C. 2051 et seq.) until the Commission prescribes the standard under paragraph (1). (b) Stockpiling.-- (1) In general.--The Commission shall include in the rule prescribed under subsection (a) a prohibition on the stockpiling of cigarettes to which the fire safety standards in the rule will apply. (2) Stockpiling defined.--In this subsection, the term ``stockpiling'', in the case of a cigarette to which a standard under subsection (a) will apply, means the manufacturing or importing of the cigarette, between the date the standard is issued and the date the standard takes effect, at a rate greater than the rate the cigarette was manufactured or imported during the one-year period ending on the date the standard is issued. (c) Procedure.-- (1) In general.--The rule under subsection (a), and any modification thereof, shall be prescribed in accordance with the provisions of section 553 of title 5, United States Code. (2) Modifications.-- (A) Modification by sponsor.--If the sponsor of the testing methodology under subsection (a)(2) modifies the testing methodology in any material respect, the sponsor shall notify the Commission of the modification, and the Commission may incorporate the modification in the rule prescribed under subsection (a) if the Commission determines that the modification will enhance a fire safety standard established under subsection (a)(2). (B) Modification by commission.--The Commission may modify the rule prescribed under subsection (a), including the test requirements specified in subsection (a)(2), in whole or in part, if the Commission determines that compliance with such modification is technically feasible and will enhance a fire safety standard established under that subsection. Any such modification shall not take effect earlier than 3 years after the date on which the rule is first issued. (3) Inapplicability of certain laws.--No Federal law, or any Executive order, other than the rulemaking and review provisions of title 5, United States Code, that are commonly referred to as the Administrative Procedures Act, may be construed to apply to the promulgation of the rule required by subsection (a), or the modification of the rule under paragraph (2), including the following: (A) The Consumer Product Safety Act (15 U.S.C. 2051 et seq.). (B) Chapter 6 of title 5, United States Code. (C) The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (D) The Small Business Regulatory Enforcement Fairness Act of 1996 (Public Law 104-121), and the amendments made by that Act. (d) Effective Date.--The Commission shall specify in the rule prescribed under subsection (a) the effective date of the rule. The effective date may not be later than 30 months after the date of the enactment of this Act. (e) Treatment of Standard.-- (1) In general.--The fire safety standard promulgated under subsection (a) shall be treated as a consumer product safety standard promulgated under the Consumer Product Safety Act (15 U.S.C. 2051 et seq.). (2) Treatment of cigarettes.--A cigarette shall be treated as a consumer product under section 3(a)(1)(B) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(1)(B)) for purposes of implementing and enforcing compliance with this Act and the standard promulgated under this Act, including for purposes of sections 17 and 18 of the Consumer Product Safety Act (15 U.S.C. 2066, 2067). SEC. 4. PREEMPTION. (a) In General.--This Act, and any cigarette fire safety standard established under section 3, may not be construed to preempt or otherwise affect in any way any law or regulation of a State or political subdivision thereof which prescribes a fire safety standard for cigarettes which is more stringent than a fire safety standard established under section 3. (b) Private Remedies.--The provisions of section 25 of the Consumer Product Safety Act (15 U.S.C. 2074) shall apply with respect to the fire safety standard promulgated under subsection (a). SEC. 5. SCOPE OF JURISDICTION OF CONSUMER PRODUCT SAFETY COMMISSION. Except as otherwise provided in this Act, the Commission shall have no jurisdiction over tobacco or tobacco products. SEC. 6. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Consumer Product Safety Commission. (2) Cigarette.--The term ``cigarette'' has the meaning given that term in section 3(1) of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1332(1)). SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization of Appropriations.--There is hereby authorized to be appropriated to the Consumer Product Safety Commission for fiscal year 2002, $2,000,000 for purposes of carrying out this Act. (b) Availability.--Amounts authorized to be appropriated by subsection (a) shall remain available until expended.

Summary: Joseph Moakley Memorial Fire Safe Cigarette Act of 2002 - Directs the Consumer Product Safety Commission to prescribe fire safety standards for cigarettes to reduce the risk of ignition presented by cigarettes (including a proscription against the stockpiling of cigarettes to which the fire safety standards will apply).Sets forth general test requirements.Denies the Commission any jurisdiction over tobacco or tobacco products except as provided in this Act.


SECTION 1. SHORT TITLE. This Act may be cited as the ``NEPA Reciprocity Act''. SEC. 2. USE OF ALTERNATIVE ENVIRONMENTAL REVIEW AND APPROVAL PROCEDURES UNDER STATE LAWS FOR RAIL AND HIGHWAY PROJECTS. (a) Establishment.-- (1) In general.--The Secretary shall establish a program to eliminate duplicative environmental reviews and approvals under State and Federal law of projects. Under this program, a State may use State laws and procedures to conduct reviews and make approvals in lieu of Federal environmental laws and regulations, consistent with the provisions of this section. (2) Participating states.--All States are eligible to participate in the program. (3) Scope of alternative review and approval procedures.-- For purposes of this section, alternative environmental review and approval procedures may include one or more of the following: (A) Substitution of one or more State environmental laws for one or more Federal environmental laws, if the Secretary determines in accordance with this section that the State environmental laws provide environmental protection and opportunities for public involvement that are substantially equivalent to the applicable Federal environmental laws. (B) Substitution of one or more State regulations for Federal regulations implementing one or more Federal environmental laws, if the Secretary determines in accordance with this section that the State regulations provide environmental protection and opportunities for public involvement that are substantially equivalent to the Federal regulations. (b) Application.--To participate in the program, a State shall submit to the Secretary an application containing such information as the Secretary may require, including-- (1) a full and complete description of the proposed alternative environmental review and approval procedures of the State; (2) for each State law or regulation included in the proposed alternative environmental review and approval procedures of the State, an explanation of the basis for concluding that the law or regulation meets the requirements under subsection (a)(3); and (3) evidence of having sought, received, and addressed comments on the proposed application from the public and appropriate Federal environmental resource agencies. (c) Review of Application.--The Secretary shall-- (1) review an application submitted under subsection (b); (2) approve or disapprove the application in accordance with subsection (d) not later than 90 days after the date of the receipt of the application; and (3) transmit to the State notice of the approval or disapproval, together with a statement of the reasons for the approval or disapproval. (d) Approval of State Programs.-- (1) In general.--The Secretary shall approve each such application if the Secretary finds that the proposed alternative environmental review and approval procedures of the State are substantially equivalent to the applicable Federal environmental laws and Federal regulations. (2) Exclusion.--The National Environmental Policy Act of 1969 and the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) shall not apply to any decision by the Secretary to approve or disapprove any application submitted pursuant to this section. (e) Compliance With Permits.--Compliance with a permit or other approval of a project issued pursuant to a program approved by the Secretary under this section shall be considered compliance with the Federal laws and regulations identified in the program approved by the Secretary pursuant to this section. (f) Review and Termination.-- (1) Review.--All State alternative environmental review and approval procedures approved under this section shall be reviewed by the Secretary not less than once every 5 years. (2) Public notice and comment.--In conducting the review process under paragraph (1), the Secretary shall provide notice and an opportunity for public comment. (3) Extensions and terminations.--At the conclusion of the review process, the Secretary may extend the State alternative environmental review and approval procedures for an additional 5-year period or terminate the State program. (g) Report to Congress.--Not later than 2 years after the date of enactment of this section, and annually thereafter, the Secretary shall submit to Congress a report that describes the administration of the program. (h) Definitions.--For purposes of this section: (1) Environmental law.--The term ``environmental law'' includes any law that provides procedural or substantive protection, as applicable, for the natural or built environment with regard to the construction and operation of projects. (2) Federal environmental laws.--The term ``Federal environmental laws'' means laws governing the review of environmental impacts of, and issuance of permits and other approvals for, the construction and operation of projects, including section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344), section 106 of the National Historic Preservation Act (16 U.S.C. 470f), and sections 7(a)(2), 9(a)(1)(B), and 10(a)(1)(B) of the Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2), 1538(a)(1)(B), 1539(a)(1)(B)). (3) Project.--The term ``project'' means any project eligible for federal assistance under title 23, subtitle V of title 49, or chapter 53 of title 49 of the United States Code, or involves the participation of more than one Department of Transportation modal administration or secretarial office.

Summary: NEPA Reciprocity Act Directs the Secretary of Transportation to establish a program to eliminate duplicative environmental reviews and approvals under state and federal law for rail and highway transportation projects. Authorizes a state to use state environmental review and approval laws and procedures, consistent with certain requirements, in lieu of federal environmental laws and regulations.