SECTION 1. SHORT TITLE. This Act may be cited as the ``Space to Schools Act of 2010''. SEC. 2. PROGRAM. (a) Purpose.--The Secretary of Education may carry out a program (in this Act referred to as the ``Program'') to-- (1) encourage highly skilled retiring or displaced aerospace professionals with backgrounds in science, technology, engineering, or mathematics to pursue careers as elementary, secondary, or vocational school teachers; and (2) promote science, technology, engineering, and mathematics (STEM) education in kindergarten through grade 12 by encouraging aerospace professionals to pursue careers in teaching. (b) Eligibility.-- (1) Eligible individuals.--An individual who is eligible to participate in the Program is an individual-- (A) who is a former employee of the National Aeronautics and Space Administration, its suppliers, or a related contractor; and (B) who has relevant work experience in the aerospace industry. (2) School eligibility.--An eligible local education agency, charter school, or vocational school may receive Program participants. (c) Submission of Applications.-- (1) Form and submission.--Selection of eligible individuals to participate in the Program shall be made on the basis of applications submitted to the Secretary of Education within the time periods specified in paragraph (2). An application shall be in such form and contain such information as the Secretary may require. (2) Time for submission.--An application shall be considered to be submitted on a timely basis if it submitted not later than 4 years after the date on which the individual is retired, separated, or released from employment in the aerospace industry. (d) Selection Criteria.-- (1) Establishment.--Subject to paragraphs (2) and (3), the Secretary shall prescribe the criteria to be used to select eligible individuals to participate in the Program. (2) Educational background.-- (A) Elementary or secondary school teacher.--If an applicant is applying for assistance for placement as an elementary or secondary school teacher, the Secretary shall require the applicant to have received a baccalaureate or advanced degree from an accredited institution of higher education in a science, technology, engineering, or mathematics field. (B) Vocational or technical teacher.--If an applicant for assistance for placement as vocational or technical teacher, the Secretary shall require the applicant to have-- (i) received an associate degree, postsecondary training, or related certification obtained through service in the Armed Forces; (ii) have 6 or more years of work experience in a vocational or technical field; or (iii) otherwise meet the certification or licensing requirements for a vocational or technical teacher in the State in which the applicant seeks assistance for placement under the Program. (3) Termination of employment.--An applicant who was terminated from previous employment for cause shall be ineligible to participate in the Program. (e) Participation Agreement.-- (1) In general.--An eligible individual selected to participate in the Program and receive financial assistance under this section shall be required to enter into an agreement with the Secretary in which the participant agrees-- (A) within such time as the Secretary may require, to obtain certification or licensing as an elementary, secondary, vocational, or technical school teacher, and to become a highly qualified teacher; and (B) to accept an offer of full-time employment as an elementary, secondary, vocational, or technical school teacher for not less than 3 school years and commit to teaching in the subjects of science, technology, engineering, or mathematics with an eligible local educational agency, charter school, or vocational school to begin the school year after obtaining such certification or licensing. (2) Waiver.--The Secretary may waive the 3-year commitment described in paragraph (1)(B) for a participant if the Secretary determined such waiver to be appropriate. (3) Stipends for participants.-- (A) Stipend authorized.--The Secretary may pay to a participant in the Program a stipend in an amount of not more than $5,000 to be used towards obtaining licensing or certification for elementary or secondary teaching or vocational teaching programs. (B) Stipend bonus.--The Secretary, in lieu of paying a stipend under subparagraph (A), may pay a bonus of $10,000 to a participant in the Program who agrees in the participation agreement to become a highly qualified teacher and accept full-time employment as an elementary, secondary, vocational, or technical teacher for not less than 3 years in a high- need school and teach in the subject area of science, technology, engineering, or mathematics. (f) Reimbursement Under Certain Circumstances.-- (1) Reimbursement required.--A participant in the Program who is paid a stipend or bonus under this section shall be required to repay the stipend or bonus under the following circumstances: (A) Failure to obtain qualifications or employment.--The participant fails to obtain teacher certification or licensing, to become a highly qualified teacher, or to obtain employment as an elementary school teacher, secondary school teacher, or vocational or technical teacher as required by the participation agreement under subsection (e). (B) Termination of employment.--The participant voluntarily leaves, or is terminated for cause from, employment as an elementary school teacher, secondary school teacher, or vocational or technical teacher during the 3 years of required service in violation of the participation agreement. (2) Amount of reimbursement.--A participant required to reimburse the Secretary for a stipend or bonus paid to the participant under this section shall pay an amount that bears the same ratio to the amount of the stipend or bonus as the unserved portion of required service bears to the 3 years of required service. Any amount owed by the participant shall bear interest at the rate equal to the highest rate being paid by the United States on the day on which the reimbursement is determined to be due for securities having maturities of 90 days or less and shall accrue from the day on which the participant is first notified of the amount due. (3) Treatment of obligation.--The obligation to reimburse the Secretary under this subsection is, for all purposes, a debt owing the United States. A discharge in bankruptcy under title 11, United States Code, shall not release a participant from the obligation to reimburse the Secretary under this subsection. (g) Advisory Board.-- (1) No later than 120 days after enactment of this Act, the Secretary shall establish an Advisory Board whose duties include-- (A) collecting, considering, and disseminating feedback from participants, State educational agencies, local educational agencies, charter schools, and vocational schools on best practices for recruitment of eligible individuals to participate in the Program; (B) ensuring elementary schools, secondary schools, and vocational schools are aware of the Program and how to participate in it; (C) developing guidelines to help individuals selected to participate in the Program identify and enroll in licensing or certification training for elementary or secondary education teaching or vocational teaching programs; and (D) coordinating the goals of the Program with other Federal, State, and local education needs. (2) No later than 1 year after the date of enactment of this Act, and annually thereafter, prepare and submit a report to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, which shall include-- (A) information with respect to the activities of the Advisory Board; (B) information with respect to the Program, including-- (i) the number of participants in the Program; (ii) the number of States participating in the Program; (iii) the local educational agencies and schools where participants are employed; (iv) the grade levels at which the participants teach; (v) the academic subjects taught by participants; (vi) the hours of clinical and classroom time participants completed during the certification or licensing required for participation in the Program; (vii) a review of the stipend and bonus available to participants; and (viii) other demographic information as may be necessary to evaluate the effectiveness of the Program; and (C) recommendations for improvements and other necessary changes to ensure that the Program is meeting the purpose as described in subsection (a). (h) Definitions.--In this Act: (1) In general.--The terms ``elementary school'', ``highly qualified''; ``local educational agency'', ``secondary school'', ``State educational agency'', and ``State'' have the meaning given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) Charter school.--The term ``charter school'' has the meaning given such term in section 5210 of the Elementary and Secondary Act of 1965 (20 U.S.C. 7221i). (3) Eligible local educational agency.--The term ``eligible local educational agency'' means a local educational agency receiving funding under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.). (4) High-need school.--The term ``high-need school'' means an elementary school, secondary school, or vocational school under the jurisdiction of an eligible local educational agency, or a charter school, or vocational school, where at least 50 percent of the students enrolled in the school are-- (A) in poverty counted in the most recent census data approved by the Secretary; (B) eligible for free and reduced priced lunches under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); (C) in families receiving assistance under the State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.); or (D) eligible to receive medical assistance under the State Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). (5) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (6) Vocational school.--The term ``vocational school'' means-- (A) a specialized public secondary school used exclusively or principally for the provision of vocational and technical education to individuals who are available for study in preparation for entering the labor market; or (B) the department or division of an institution of higher education that provides vocational and technical education in not fewer than five different occupational fields leading to immediate employment but not necessarily leading to a baccalaureate degree. (7) Secretary.--The term ``Secretary'' means the Secretary of Education. (i) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated $20,000,000 to carry out this Act for fiscal year 2011 and each of fiscal years 2012 through 2014. (2) No fiscal year limitation on funding.--Funds appropriated under paragraph (1) shall remain available until expended.

Summary: Space to Schools Act of 2010 - Authorizes the Secretary of Education to implement a program to encourage individuals who are former employees of the National Aeronautics and Space Administration (NASA), its suppliers, or related contractors who have relevant work experience in the aerospace industry to pursue careers as elementary, secondary, or vocational school teachers. Sets forth educational background requirements for program participants. Requires program participants to enter into an agreement to: (1) obtain certification or licensing as an elementary, secondary, vocational, or technical school teacher, and to become a highly qualified teacher; and (2) accept an offer of full-time employment as an elementary, secondary, vocational, or technical school teacher for at least three school years and commit to teaching science, technology, engineering, or mathematics after obtaining such certification or licensing. Directs the Secretary to provide program participants with: (1) a stipend for use in obtaining certification or licensing; or (2) a larger bonus if they agree to perform their service in high-need schools. Requires the Secretary to establish an Advisory Board to oversee the program.


SECTION 1. SHORT TITLE. This Act may be cited as the ``USDA Debarment Act of 1993''. SEC. 2. FINDINGS. Congress finds that-- (1) dating back to 1986, several Secretaries of Agriculture have failed to comply with Executive Order No. 12549, which was intended to ensure that the Federal Government did not continue to do business with companies that violate the regulations of a program of any Executive agency; (2) several companies that have violated the regulations of programs within the Department of Agriculture (such as programs related to international agricultural trade, food and nutrition, commodity storage, and livestock trade) continue to participate in the programs with respect to which the companies have violated the regulations; and (3) companies that have violated, and continue to violate, regulations governing Department programs have received billions of dollars, and continue to monetarily benefit. SEC. 3. DEFINITIONS. As used in this Act: (1) Department.--The term ``Department'' means the United States Department of Agriculture. (2) Executive agency.--The term ``Executive agency'' has the same meaning as is provided in section 105 of title 5, United States Code. (3) Final determination.--The term ``final determination'' means the final decision of the Secretary in a nonprocurement debarment proceeding involving a person as to whether the person has committed a material violation-- (A) including a final decision regarding the term of the debarment; but (B) not including a decision as to whether there is sufficient reason for initiation of a nonprocurement debarment proceeding. (4) Material violation.--The term ``material violation'' means an action or series of actions taken by a person that constitute a substantial and material violation of a regulation of a program of the Department, as determined by the Secretary. (5) Nonprocurement debarment.--The term ``nonprocurement debarment'' means an action to bar a person from programs and activities involving Federal financial and nonfinancial assistance offered by the Department, but not including-- (A) Federal procurement programs and activities; (B) contracts entered into by the Commodity Credit Corporation under the price support operations and other programs of the Corporation with persons in the capacities of the persons as agricultural producers; (C) conservation programs administered by the Secretary; and (D) individuals and households who participate in nutrition assistance programs administered by the Secretary. (6) Person.--The term ``person'' means any individual, corporation, partnership, association, or other legal entity, however organized, who is participating, or has participated, in a program or activity of the Department. (7) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 4. NONPROCUREMENT DEBARMENT. (a) Initiation of Proceedings.--Except as provided in subsection (c), if the Secretary obtains notice of the alleged occurrence of a material violation of a regulation of a program or activity of the Department and the Secretary determines under subsection (b) that there is sufficient reason for initiation of a nonprocurement debarment proceeding the Secretary shall initiate a nonprocurement debarment proceeding against the person not later than 180 days after the determination. (b) Sufficient Reason for Initiation of Nonprocurement Debarment Proceedings.--Subject to subsection (c), sufficient reason for initiation of a nonprocurement debarment proceeding includes, as determined by the Secretary-- (1) the violation of a Federal or State law relevant to the integrity or orderly administration of the program or activity of the Department in which the person is participating; or (2) the commission of an action that may constitute a material violation of a regulation applicable to a program or activity of the Department. (c) Exception.--If the Secretary determines that a decision to initiate a nonprocurement debarment proceeding cannot be made within the 180-day period referred to in subsection (a) because of the need to further investigate the actions of a person relating to the alleged material violation, the Secretary may have such additional time as the Secretary considers necessary to make a decision, but not more than 180 days beyond the original 180-day period. SEC. 5. NONPROCUREMENT DEBARMENT PROCEEDINGS. (a) Notice and Hearing.--Subsequent to the determination that there is sufficient reason for initiation of a nonprocurement debarment proceeding under section 4, the Secretary shall provide the person against whom the proceeding has been initiated with-- (1) full notice of the allegations; (2) the opportunity for an informal hearing not on the record, in which the person is provided appropriate due process procedures, as determined by the Secretary, including an opportunity to rebut any allegation of a material violation; (3) notice of the finding of the Secretary on whether 1 or more material violations were committed by the person; and (4) notice of the appropriate period of debarment. (b) Period of Debarment.--Subject to subsection (e), a person determined to have committed a material violation shall be ineligible to participate in the program or activity in which the material violation occurred during the 5-year period beginning on the date of the determination. (c) Previous Debarment.--Subject to subsection (e), a person who has been previously debarred by another Executive agency, or has been previously debarred under a nonprocurement debarment proceeding under this Act, who is determined by the Secretary to have committed a material violation based on a separate set of factual occurrences, shall be permanently debarred from participating in any program or activity of the Department. (d) Exhaustion of Administrative Remedies.--Prior to seeking judicial review in a court of competent jurisdiction, a person against whom a nonprocurement debarment proceeding has been initiated shall-- (1) exhaust all administrative procedures prescribed by the Secretary; and (2) receive notice of the final determination of the Secretary. (e) Good Faith.--If the Secretary determines that a person, against whom there is sufficient reason for initiation of a nonprocurement debarment proceeding, or against whom a finding of material violation has already been made, committed the act that is the subject of the nonprocurement debarment proceeding in good faith, the Secretary may reduce or eliminate the applicable periods of debarment specified in subsections (b) and (c). (f) Coordination.--To the maximum extent practicable, the Secretary shall consolidate and coordinate any nonprocurement debarment action taken under this Act with other adverse actions within the Department, including other nonprocurement debarment actions. (g) Precedence.--This Act shall take precedence over any administrative procedure for debarment that affects the Department, to the extent that the procedure conflicts with this Act. SEC. 6. REPORT ON CONSISTENT DEBARMENT POLICY. Not later than 120 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall advise the appropriate committees of Congress and the Comptroller General of the United States as to the appropriateness and usefulness of a policy for procurement debarment and a policy for nonprocurement debarment that are applicable all Executive agencies. SEC. 7. REGULATIONS. (a) In General.--Not later than 30 days after the date of enactment of this Act, the Secretary shall issue regulations to ensure compliance with such provisions of Executive Order No. 12549 as are not in conflict with this Act. (b) Rulemaking Proceeding.--Not later than 30 days after the date of enactment of this Act, the Secretary shall initiate a rulemaking proceeding to implement this Act. The rulemaking proceeding shall-- (1) identify all agencies, programs, and activities that are affected by this Act; (2) specify what is sufficient reason for initiation of a nonprocurement debarment proceeding; (3) specify the procedures for the proceeding; (4) specify guidelines for the finding of a material violation; and (5) specify the administrative action to be taken against a person found to have committed a material violation. SEC. 8. TERMINATION OF AUTHORITY. The authority provided by this Act shall terminate on September 30, 1999.

Summary: USDA Debarment Act of 1993 - Directs the Secretary of Agriculture to carry out debarment procedures against persons materially violating nonprocurement program regulations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Defense Overseas Educators Act''. SEC. 2. TEMPORARY MEASURES TO FACILITATE REEMPLOYMENT OF DISPLACED TEACHERS. (a) Definitions.--For the purpose of this section-- (1) the term ``agency'' means an Executive agency (as defined by section 105 of title 5, United States Code), excluding the General Accounting Office; (2) the term ``DoDDS teacher'' means a teacher within the meaning of section 2(2) of the Defense Department Overseas Teachers Pay and Personnel Practices Act (20 U.S.C. 901(2)); and (3) the term ``displaced employee'' means-- (A) a DoDDS teacher who has been given specific notice that such individual is to be separated due to a reduction in force; and (B) any individual who has been involuntarily separated from service as a DoDDS teacher due to a reduction in force. (b) Consideration for Vacant Positions.--In accordance with regulations which the Office of Personnel Management shall prescribe (consistent with otherwise applicable provisions of law), an agency shall, in filling a vacant position for which a qualified displaced employee has applied in timely fashion, give full consideration to the application of the displaced employee before selecting any candidate from outside the agency for the position. (c) Limitation.--A displaced employee shall remain entitled to the consideration described in subsection (b) until the end of the 12-month period beginning on-- (1) the date such employee receives the specific notice described in subsection (a)(3)(A); or (2) if the employee is involuntarily separated (as described in subsection (a)(3)(B)), the effective date of the separation. (d) Applicability.-- (1) In general.--This section shall apply to any individual who-- (A) becomes a displaced employee during the 12- month period ending on the day before the date of enactment of this Act; or (B) becomes a displaced employee on or after the date of enactment of this Act and before October 1, 1997. (2) Rule for applying the 12-month limitation to current displaced employees.--For the purpose of any displaced employee described in paragraph (1)(A), the 12-month period under subsection (c) shall be considered to begin on the date of enactment of this Act, rather than the date which would otherwise be required by subsection (c). (3) Positions to which this section shall not apply.-- Nothing in this section shall be considered to apply with respect to any position-- (A) which has been filled as of the date of enactment of this Act; or (B) which has been excepted from the competitive service because of its confidential, policy- determining, policy-making or policy-advocating character. SEC. 3. TEACHER RECRUITMENT. (a) Amendment Relating to Benefits for Teachers Recruited Abroad.-- (1) In general.--Section 5 of the Defense Department Overseas Teachers Pay and Personnel Practices Act (20 U.S.C. 903) is amended by redesignating subsection (d) as subsection (e), and by inserting after subsection (c) the following: ``(d)(1) Each individual recruited outside the United States for service in a teaching position shall, after such individual completes 1 full school year of service in a teaching position, be entitled to the same benefits as an individual recruited in the United States, to the extent that such benefits are based on service in a teaching position. ``(2)(A) Paragraph (1) shall not apply in the case of any individual who is the spouse of, and residing in the same household as, a member of a uniformed service who is eligible (as such a member) for benefits comparable to those described in section 7 or 8 of this Act. ``(B) An individual shall not be considered to have ceased to reside in the same household as a member if due to a reassignment of such member for 90 days or less.''. (2) Service to be considered.--In administering the amendment made by paragraph (1), service performed before, on, or after the date of enactment of this Act shall be considered. (b) Amendment Relating to the Definition of a ``Teaching Position''.--Paragraph (1) of section 2 of the Defense Department Overseas Teachers Pay and Personnel Practices Act (20 U.S.C. 901(1)) is amended by striking the period at the end of subparagraph (B)(iii) and inserting a comma, and by adding at the end of such paragraph the following: ``including those cases in which such duties and responsibilities are performed-- ``(I) in a substitute capacity; ``(II) as a summer school teacher; ``(III) as an instructor for the Junior Reserve Officers' Training Corps; ``(IV) as a paraprofessional or teacher aide; ``(V) for a definite term, not to exceed 1 school year, in the excepted service; or ``(VI) for an indefinite term in the excepted service.''. SEC. 4. COMPENSATION; LEAVE TRANSFERS; RECERTIF- ICATION. (a) Compensation; Leave Transfers.--The Defense Department Overseas Teachers Pay and Personnel Practices Act (20 U.S.C. 901 and following) is amended-- (1) in sections 4(a)(2) and 5(c) by striking ``urban''; and (2) in section 6 by adding at the end the following: ``(h) The Director of Dependents' Education, in consultation with the Director of the Office of Personnel Management, shall establish for teachers-- ``(1) a voluntary leave transfer program similar to the one under subchapter III of chapter 63 of title 5, United States Code; and ``(2) a voluntary leave bank program similar to the one under subchapter IV of chapter 63 of title 5, United States Code.''. (b) Recertification.--Paragraph (5) of section 1413 of the Defense Dependents' Education Act of 1978 (20 U.S.C. 931(5)) is amended to read as follows: ``(5) provide for a recertification program for professional personnel employed in the system to obtain not more than 6 semester-hours of graduate or undergraduate coursework in any discipline or subject area taught by schools of the defense dependents' education system, and''. (c) Applicability.--The amendments made by subsection (a)(1)-- (1) shall apply with respect to compensation for service performed in fiscal years beginning more than 90 days after the date of enactment of this Act; and (2) shall be deemed not to have been enacted for purposes of determining compensation for service performed before the first fiscal year to which such amendments apply under paragraph (1). SEC. 5. CONTINUED HEALTH BENEFITS. (a) In General.--Section 8905a(d) of title 5, United States Code, is amended-- (1) in paragraph (1)(A) by striking ``Except as provided in paragraph (4),'' and inserting ``Except as provided in paragraph (4) or (5),''; (2) in paragraph (2) by striking ``in accordance with paragraph (1) or (4),'' and inserting ``in accordance with paragraph (1), (4), or (5),''; and (3) by adding at the end the following: ``(5)(A) For the purpose of this paragraph, the term `teaching position' has the meaning given such term under section 2(1) of the Defense Department Overseas Teachers Pay and Personnel Practices Act. ``(B) If the basis for continued coverage under this section is an involuntary separation from a teaching position due to a reduction in force-- ``(i) the individual shall be liable for not more than the employee contributions referred to in paragraph (1)(A)(i); and ``(ii) the agency which last employed the individual shall pay the remaining portion of the amount required under paragraph (1)(A). ``(C) This paragraph shall apply with respect to any individual whose continued coverage is based on a separation occurring on or after the date of enactment of this paragraph and before-- ``(i) October 1, 1997; or ``(ii) February 1, 1998, if specific notice of such separation was given to such individual before October 1, 1997.''. (b) Source of Payments.--Any amount which becomes payable by an agency as a result of the enactment of subsection (a) shall be paid out of funds or appropriations available for salaries and expenses of such agency.

Summary: Department of Defense Overseas Educators Act - Provides for the implementation of temporary measures to facilitate reemployment in Federal agencies of Federal employees separated from teaching positions in schools for overseas Department of Defense dependents (DoDDS teachers). Amends the Defense Department Overseas Teachers Pay and Personnel Practices Act to require that, in certain cases, DoDDS teachers recruited abroad be entitled to the same benefits as teachers recruited in the United States. Requires the Director of Dependents' Education to establish for DoDDS teachers a voluntary leave transfer program and a voluntary leave transfer bank program. Limits the amount of graduate or undergraduate coursework which may be taken under a recertification program for DoDDS professional personnel. Amends Federal law to provide for continued health benefits for DoDDS teachers involuntarily separated from service under a reduction in force.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Livestock Concentration Report Act''. SEC. 2. DEFINITIONS. In this Act: (1) Antitrust laws.--The term ``antitrust laws'' has the meaning provided in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), except that the term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent the section applies to unfair methods of competition. (2) Commission.--The term ``Commission'' means the Commission on Concentration in the Livestock Industry established under section 3. (3) Study of concentration in the red meat packing industry.--The term ``study of concentration in the red meat packing industry'' means the study of concentration in the red meat packing industry proposed by the Department of Agriculture in the Federal Register on January 9, 1992 (57 Fed. Reg. 875), and for which funds were appropriated by Public Law 102-142 (105 Stat. 878). SEC. 3. ESTABLISHMENT OF COMMISSION. (a) In General.--A Commission on Concentration in the Livestock Industry shall be established that shall be composed of-- (1) the Secretary of Agriculture, who shall be the chairperson of the Commission; and (2) 2 members who represent each of the following categories: (A) Cattle producers. (B) Hog producers. (C) Lamb producers. (D) Meat packers. (E) Experts in antitrust laws. (F) Economists. (G) Corporate chief financial officers. (H) Corporate procurement experts. (b) Appointment.--The members of the Commission appointed under subsection (a)(2) shall be appointed as follows: (1) The President shall appoint 4 members. (2) The Majority Leader of the Senate shall appoint 4 members. (3) The Minority Leader of the Senate shall appoint 2 members. (4) The Speaker of the House of Representatives shall appoint 4 members. (5) The Minority Leader of the House of Representatives shall appoint 2 members. SEC. 4. DUTIES OF COMMISSION. (a) In General.--The Commission shall-- (1) determine whether the study of concentration in the red meat packing industry adequately-- (A) examined and identified procurement markets for slaughter cattle in the continental United States; (B) analyzed the effects that slaughter cattle procurement practices, and concentration in the procurement of slaughter cattle, have on the purchasing and pricing of slaughter cattle by beef packers; (C) examined the use of captive cattle supply arrangements by beef packers and the effects of the arrangements on slaughter cattle markets; (D) examined the economics of vertical integration and of coordination arrangements in the hog slaughtering and processing industry; (E) examined the pricing and procurement by hog slaughtering plants operating in the Eastern corn belt; (F) reviewed the pertinent research literature on issues relating to the structure and operation of the meat packing industry; and (G) represents, with respect to the matters described in subparagraphs (A) through (F), the current situation in the livestock industry compared to the situation of the industry reflected in the data on which the study is based; (2) to request the Attorney General to report on the application of the antitrust laws and operation of other Federal laws applicable, with respect to concentration and vertical integration in the procurement and pricing of slaughter cattle and of slaughter hogs by meat packers; (3) review laws and regulations relating to the operation of the meat packing industry regarding the concentration, vertical integration, and vertical coordination in the industry; (4) review the farm-to-retail price spread for livestock during the period beginning on January 1, 1993, and ending on the date the report is submitted under section 5(a); (5) review the adequacy of price data obtained by the Department of Agriculture under section 203 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1622); (6) make recommendations regarding the adequacy of price discovery in the livestock industry for animals held for market; and (7) review the lamb industry study completed by the Department of Justice during 1993. (b) Solicitation of Information.--For purposes of complying with paragraphs (2), (3), and (4) of subsection (a), the Commission shall solicit information from all parts of the livestock industry, including livestock producers, livestock marketers, industry employees, meat packers, meat processors, and retailers. SEC. 5. REPORT AND TERMINATION. (a) Report.--Not later than 90 days after the study of concentration in the red meat packing industry is submitted to Congress, the Commission shall submit to the President, the Speaker of the House of Representatives, and the President pro tempore of the Senate a report summarizing the results of the duties carried out under section 4. (b) Termination.--Not later than 30 days after submission of the report, the Commission shall terminate. Passed the Senate December 20, 1995. Attest: Secretary. 104th CONGRESS 1st Session S. 1340 _______________________________________________________________________ AN ACT To establish a Commission on Concentration in the Livestock Industry, and for other purposes.

Summary: Livestock Concentration Report Act - Establishes a Commission on Concentration in the Livestock Industry composed of the Secretary of Agriculture, cattle, hog, and lamb producers, meat packers, corporate representatives, economists, and antitrust experts to review: (1) the adequacy of the study of concentration in the red meat packing industry; (2) the impact of antitrust, coordination, and other laws affecting the meat packing industry; (3) certain farm-to-retail and other price related data; (4) a specified lamb study; and (5) certain hog processing activities. Requires the Commission to report to the Congress within a specified time, and terminates the Commission within a specified time after such submission.


SECTION 1. EXCLUSION FROM GROSS INCOME FOR DISTRIBUTIONS FROM CONTROLLED FOREIGN CORPORATIONS WHICH ARE INVESTED IN CERTAIN PROPERTY LOCATED IN THE UNITED STATES OR USED TO HIRE NEW EMPLOYEES IN THE UNITED STATES. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by redesignating section 137 as section 138 and by inserting after section 136 the following new section: ``SEC. 137. DISTRIBUTIONS FROM CONTROLLED FOREIGN CORPORATIONS WHICH ARE INVESTED IN CERTAIN UNITED STATES PROPERTY OR WHICH ARE USED TO HIRE NEW EMPLOYEES IN THE UNITED STATES. ``(a) Exclusion.--The gross income of a United States shareholder of a controlled foreign corporation shall not include the amount of any qualified distribution received during the taxable year by such shareholder from such corporation. ``(b) Reinvestment Requirements.-- ``(1) In general.--If, as of the close of the reinvestment period with respect to any distribution, the taxpayer fails to meet-- ``(A) the investment in property requirement of subsection (c), or ``(B) the job creation requirement of subsection (d), then the taxpayer's tax imposed by this chapter for the taxable year in which such reinvestment period ends shall be increased by an amount equal to the recapture amount with respect to such distribution. ``(2) Recapture amount.--For purposes of paragraph (1), the term `recapture amount' means an amount equal to the sum of-- ``(A) the shortfall percentage of the reduction in the taxpayer's liability for tax under this chapter which resulted from excluding such distribution from gross income under subsection (a), plus ``(B) the aggregate amount of interest (determined in the manner provided in subsection (e)(4)) on the amount determined under subparagraph (A). ``(3) Shortfall percentage.--For purposes of paragraph (2), the term `shortfall percentage' means the greater of-- ``(A) the investment in property shortfall percentage, or ``(B) the job creation shortfall percentage. ``(4) Investment in property shortfall percentage.--For purposes of paragraph (3), the term `investment in property shortfall percentage' means the percentage which-- ``(A) the excess (if any) of-- ``(i) an amount equal to 50 percent of the distribution involved, over ``(ii) the amount of qualified investment made during the reinvestment period which allocable to such distribution, bears to ``(B) the amount described in subparagraph (A)(i). ``(5) Job creation shortfall percentage.--For purposes of paragraph (3), the term `job creation shortfall percentage' means the percentage which-- ``(A) the excess (if any) of-- ``(i) an amount equal to 12.5 percent of the distribution involved, over ``(ii) the amount of new employee wages paid during the last taxable year of the reinvestment period allocable to such distribution, bears to ``(B) the amount described in subparagraph (A)(i). ``(c) Investment in Property Requirement.--For purposes of this section-- ``(1) Requirement.--A taxpayer meets the investment in property requirement of this subsection if the qualified investment of the taxpayer during the reinvestment period (to the extent not taken into account under this paragraph with respect to any prior distribution) is not less than 50 percent of the amount of the distribution. ``(2) Qualified investment.--The term `qualified investment' means the sum of-- ``(A) the aggregate bases of new qualified property placed in service by the taxpayer, and ``(B) the aggregate cost of used qualified property placed in service by the taxpayer. Rules similar to the rules of subsections (b) and (c) of section 48 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this paragraph. ``(3) Qualified property.--For purposes of paragraph (2), the term `qualified property' means-- ``(A) section 38 property (as defined by section 48(a) as in effect on the day before the date of the enactment of the Omnibus Budget Reconciliation Act of 1990), and ``(B) real property (not described in subparagraph (A)) used as an integral part of manufacturing facility (as defined in section 144(a)(12)(C)). The term `qualified property' shall not include any property if the taxpayer is the lessor of the property. ``(4) Recapture if property disposed of, etc.-- ``(A) In general.--If any qualified property is disposed of, or otherwise ceases to be qualified property with respect to the taxpayer, before the close of the recapture period, then the taxpayer's tax imposed by this chapter for the taxable year in which such disposition or cessation occurs shall be increased by the sum of-- ``(i) the recapture percentage of such property's share of the tax benefit under this section, plus ``(ii) the aggregate amount of interest (determined in the manner provided in subsection (e)(4)) on the amount determined under subparagraph (A). ``(B) Definitions.--For purposes of this paragraph-- ``(i) Recapture period.--The term `recapture period' means, with respect to any property, the period consisting of the first full year after the property is placed in service and-- ``(I) the 2 succeeding full years in the case of 3-year property (within the meaning of section 168), ``(II) the 4 succeeding full years in the case of section 38 property other than 3-year property, and ``(III) the 9 succeeding full years in the case of property referred to in paragraph (2)(B). ``(ii) Recapture percentage.--The term `recapture percentage' means the percentage determined under section 50(a)(1)(B); except that-- ``(I) in the case of 3-year property, the percentage set forth in clause (ii) of the table contained in paragraph (1)(B) shall be 66 percent, the percentage set forth in clause (iii) of such table shall be 33 percent, and clauses (iv) and (v) of such table shall not apply, and ``(II) in the case of property referred to in paragraph (2)(B), the percentage shall be 100 percent for the first full year of the recapture period and, for each full year thereafter, shall be 10 percentage points less than the recapture percentage for the prior year. ``(C) Property's share of tax benefit.--A property's share of the tax benefit under this section shall be-- ``(i) an amount which bears the same ratio to the reduction in the taxpayer's liability for tax under this chapter which resulted from excluding the distribution involved from gross income under subsection (a), as ``(ii) the unadjusted basis of such property bears to the aggregate unadjusted bases of all qualified property placed in service during the reinvestment period with respect to such distribution. ``(d) Job Creation Requirement.--For purposes of this section-- ``(1) Requirement.--A taxpayer meets the job creation requirement of this subsection if the new employee wages paid by the taxpayer during the last taxable year of the reinvestment period (to the extent not taken into account under this paragraph with respect to any prior distribution) is not less than 12.5 percent of the amount of the distribution. ``(2) New employee wages.--The term `new employee wages' means, with respect to any distribution, wages paid to employees-- ``(A) who are first hired after the date of such distribution, and ``(B) whose employment represents an increase in the aggregate number of employees of the taxpayer in the United States. ``(3) Wages.--The term `wages' has the same meaning as when used in section 51. ``(4) Increased employment must be maintained for 4 years.-- ``(A) In general.--If for any taxable year in the employment maintenance period (hereafter in this paragraph referred to as the `redetermination year') the new employee wages with respect to any distribution are less than the new employee wages for the last taxable year of the reinvestment period with respect to such distribution, the taxpayer's tax imposed by this chapter for the redetermination year shall be increased by an amount equal to the adjusted recapture amount with respect to such distribution. ``(B) Adjusted recapture amount.--For purposes of subparagraph (A), the term `adjusted recapture amount' means an amount equal to the sum of-- ``(A) the excess (if any) of-- ``(i) the job creation shortfall percentage of the reduction in the taxpayer's liability for tax under this chapter which resulted from excluding such distribution from gross income under subsection (a) (determined for the redetermination year), over ``(ii) the amount determined under subsection (b)(2)(A) (increased by any prior increase in tax under this paragraph with respect to such distribution), plus ``(B) the aggregate amount of interest (determined in the manner provided in subsection (e)(4)) on the excess determined under subparagraph (A). ``(C) Employment maintenance period.--For purposes of this paragraph, the term `employment maintenance period' means any period of 4 consecutive taxable years selected by the taxpayer so long as at least 1 of such taxable years is during the reinvestment period. ``(e) Other Definitions and Special Rules.--For purposes of this section-- ``(1) Qualified distribution.--The term `qualified distribution' means any distribution to the extent that the amount thereof reduces the amount includible in gross income under section 956A (relating to earnings invested in excess passive assets). ``(2) Reinvestment period.--The term `reinvestment period' means, with respect to any distribution received during a taxable year, such taxable year and the 4 succeeding taxable years. ``(3) United States shareholder; controlled foreign corporation.--The terms `United States shareholder' and `controlled foreign corporation' have the respective meanings given such terms by sections 951 and 957. ``(4) Rules relating to determination of interest.-- ``(A) In general.--The amount of interest referred to in subsections (b)(2), (c)(4), and (d)(3) for any taxable year shall be determined for the period-- ``(i) beginning on the due date for taxable year during which the distribution involved was made, and ``(ii) ending on the due date for the taxable year for which the increase in tax is being determined, by using the rates and method applicable under section 6621 for underpayment of tax for such period. ``(B) Due date.--For purposes of subparagraph (A), the term `due date' means the date prescribed by law (determined without regard to extensions) for filing the return of the tax imposed by this chapter for the taxable year. ``(C) Treatment of increase in tax attributable to interest as interest.--Any increase in tax imposed by this chapter for a taxable year by reason of this section to the extent attributable to an amount referred to in subsection (b)(2)(B), (c)(4)(A)(ii), or (d)(3)(B) shall be treated as interest paid under section 6601 on the due date for such taxable year. ``(5) Controlled Groups.--All taxpayers treated as a single employer under subsection (a) or (b) of section 52 shall be treated as a single taxpayer. ``(f) Basis Adjustment.-- ``(1) In general.--For purposes of this subtitle, the basis of any qualified property placed in service during any taxable year for which an amount was excluded from gross income under this section shall be reduced by an amount equal to such property's share of such exclusion (determined under subsection (c)(3)). ``(2) Certain dispositions.--If there is an increase in tax by reason of this section for any taxable year, proper adjustments shall be made under regulations prescribed by the Secretary with respect to any property the basis of which was reduced under paragraph (1).'' (b) Technical Amendment.--Subsection (a) of section 1016 of such Code is amended by striking ``and'' at the end of paragraph (24), by striking the period at the end of paragraph (25) and inserting ``, and'', and by adding at the end thereof the following new paragraph: ``(26) to the extent provided in section 137(f).'' (c) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 137. Distributions from controlled foreign corporations which are invested in certain United States property or which are used to hire new employees in the United States. ``Sec. 138. Cross references to other Acts.'' (d) Effective Date.--The amendments made by this section shall apply to distributions received after the date of the enactment of this Act in taxable years ending after such date.

Summary: Amends the Internal Revenue Code to exclude from the gross income of shareholders of controlled foreign corporations the amount of any distribution received from such corporation, if the shareholder meets the requirements for reinvestment in U.S. property or the creation of domestic jobs.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Law Enforcement Protection Act of 1997''. SEC. 2. EXEMPTION OF QUALIFIED CURRENT AND FORMER LAW ENFORCEMENT OFFICERS FROM STATE LAWS PROHIBITING THE CARRYING OF CONCEALED FIREARMS. (a) In General.--Chapter 44 of title 18, United States Code, is amended by inserting after section 926A the following: ``Sec. 926B. Carrying of concealed firearms by qualified current and former law enforcement officers ``(a) In General.--Notwithstanding any provision of the law of any State or any political subdivision of a State, an individual may carry a concealed firearm if that individual is-- ``(1) a qualified law enforcement officer or a qualified former law enforcement officer; and ``(2) carrying appropriate written identification. ``(b) Effect on Other Laws.-- ``(1) Common carriers.--Nothing in this section shall be construed to exempt from section 46505(B)(1) of title 49-- ``(A) a qualified law enforcement officer who does not meet the requirements of section 46505(D) of title 49; or ``(B) a qualified former law enforcement officer. ``(2) Federal laws.--Nothing in this section shall be construed to supersede or limit any Federal law or regulation prohibiting or restricting the possession of a firearm on any Federal property, installation, building, base, or park. ``(3) State laws.--Nothing in this section shall be construed to supersede or limit the laws of any State that-- ``(A) grant rights to carry a concealed firearm that are broader than the rights granted under this section; ``(B) permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; or ``(C) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park. ``(4) Definitions.--In this section: ``(A) Appropriate written identification.--The term `appropriate written identification' means, with respect to an individual, a document that-- ``(i) was issued to the individual by the public agency with which the individual serves or served as a qualified law enforcement officer; and ``(ii) identifies the holder of the document as a current or former officer, agent, or employee of the agency. ``(B) Qualified law enforcement officer.--The term `qualified law enforcement officer' means an individual who-- ``(i) is presently authorized by law to engage in or supervise the prevention, detection, or investigation of any violation of criminal law; ``(ii) is authorized by the agency to carry a firearm in the course of duty; ``(iii) meets any requirements established by the agency with respect to firearms; and ``(iv) is not the subject of a disciplinary action by the agency that prevents the carrying of a firearm. ``(C) Qualified former law enforcement officer.-- The term `qualified former law enforcement officer' means, an individual who is-- ``(i) retired from service with a public agency, other than for reasons of mental disability; ``(ii) immediately before such retirement, was a qualified law enforcement officer with that public agency; ``(iii) has a nonforfeitable right to benefits under the retirement plan of the agency; ``(iv) was not separated from service with a public agency due to a disciplinary action by the agency that prevented the carrying of a firearm; ``(v) meets the requirements established by the State in which the individual resides with respect to-- ``(I) training in the use of firearms; and ``(II) carrying a concealed weapon; and ``(vi) is not prohibited by Federal law from receiving a firearm. ``(D) Firearm.--The term `firearm' means, any firearm that has, or of which any component has, traveled in interstate or foreign commerce.''. (b) Clerical Amendment.--The chapter analysis for chapter 44 of title 18, United States Code, is amended by inserting after the item relating to section 926A the following: ``926B. Carrying of concealed firearms by qualified current and former law enforcement officers.''. SEC. 3. AUTHORIZATION TO ENTER INTO INTERSTATE COMPACTS. (a) In General.--The consent of Congress is given to any 2 or more States-- (1) to enter into compacts or agreements for cooperative effort in enabling individuals to carry concealed weapons as dictated by laws of the State within which the owner of the weapon resides and is authorized to carry a concealed weapon; and (2) to establish agencies or guidelines as they may determine to be appropriate for making effective such agreements and compacts. (b) Reservation of Rights.--The right to alter, amend, or repeal this section is hereby expressly reserved by Congress.

Summary: Law Enforcement Protection Act of 1997 - Amends the Federal criminal code to exempt qualified current and former law enforcement officers carrying appropriate written identification from State and local laws prohibiting the carrying of a concealed firearm. Consents to the formation of interstate compacts or agreements for cooperative efforts in enabling authorized individuals to carry concealed weapons.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Vehicles Incentive Act of 2015''. SEC. 2. CLEAN-FUEL CREDIT WITH RESPECT TO BUSINESSES LOCATED IN NONATTAINMENT AREAS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45S. CLEAN-FUEL CREDIT WITH RESPECT TO BUSINESSES LOCATED IN NONATTAINMENT AREAS. ``(a) In General.--For purposes of section 38, in the case of an eligible business the clean-fuel credit determined under this section for the taxable year is the sum of-- ``(1) the clean-fuel property credit, plus ``(2) the clean-burning fuel use credit. ``(b) Clean-Fuel Property Credit.-- ``(1) In general.--The clean-fuel property credit is the sum of-- ``(A) qualified vehicle property costs, plus ``(B) qualified refueling property costs. ``(2) Qualified vehicle property costs.-- ``(A) In general.--For purposes of paragraph (1), the term `qualified vehicle property costs' means the amount paid or incurred by the eligible business for qualified clean-fuel vehicle property which is placed in service during the taxable year by the eligible business and substantially all of the use of which is in a nonattainment area. ``(B) Limitation.--The amount which may be taken into account under subparagraph (A) with respect to any motor vehicle shall not exceed-- ``(i) $8,000, in the case of a motor vehicle with a gross vehicle weight rating of not more than 8,500 pounds, ``(ii) $20,000, in the case of a motor vehicle with a gross vehicle weight rating of more than 8,500 pounds but not more than 14,000 pounds, ``(iii) $40,000, in the case of a motor vehicle with a gross vehicle weight rating of more than 14,000 pounds but not more than 26,000 pounds, and ``(iv) $80,000, in the case of a motor vehicle with a gross vehicle weight rating of more than 26,000 pounds. ``(C) Qualified clean-fuel vehicle property.--The term `qualified clean-fuel vehicle property' shall have the meaning given to such term by section 179A(c) (without regard to paragraphs (1)(A) and (3) thereof), except that such term does not include property that is a motor vehicle propelled by a fuel that is not a clean-burning fuel. ``(3) Qualified refueling property costs.-- ``(A) In general.--For purposes of paragraph (1), the term `qualified refueling property costs' means amounts paid or incurred by the eligible business for qualified clean-fuel vehicle refueling property (as defined by section 179A(d)) which is placed in service in a nonattainment area during the taxable year by the eligible business. ``(B) Limitation.-- ``(i) In general.--The aggregate cost which may be taken into account under subparagraph (A) with respect to qualified clean-fuel vehicle refueling property placed in service by the eligible business during the taxable year at a location shall not exceed the lesser of-- ``(I) $150,000, or ``(II) the cost of such property reduced by the amount described in clause (ii). ``(ii) Reduction for amounts previously taken into account.--For purposes of clause (i)(II), the amount described in this clause is the sum of-- ``(I) the aggregate amount taken into account under paragraph (1)(B) for all preceding taxable years, and ``(II) the aggregate amount taken into account under section 179A(a)(1)(B) by the taxpayer (or any related person or predecessor) with respect to property placed in service at such location for all preceding taxable years. ``(iii) Special rules.--For purposes of this subparagraph, the provisions of subparagraphs (B) and (C) of section 179A(b)(2) shall apply. ``(c) Clean-Burning Fuel Use Credit.-- ``(1) In general.--For purposes of subsection (a), the clean-burning fuel use credit is the amount equal to 50 cents for each gasoline gallon equivalent of clean-burning fuel used by an eligible business during the taxable year to propel qualified clean-fuel vehicle property. ``(2) Clean-burning fuel.--For purposes of paragraph (1), the term `clean-burning fuel' has the meaning given to such term by section 179A, except that such term includes compressed natural gas and biodiesel (as defined by section 40A(d)(1)). ``(3) Gasoline gallon equivalent.--For purposes of paragraph (1), the term `gasoline gallon equivalent' means, with respect to any clean burning fuel, the amount (determined by the Secretary) of such fuel having a Btu content of 114,000. ``(d) Other Definitions.--For purposes of this section-- ``(1) Eligible business.--The term `eligible business' means-- ``(A) a qualified business entity or a qualified proprietorship (as such terms are defined by section 1397C, determined by substituting `nonattainment area' for `empowerment zone' and `enterprise zone' each place it appears), and ``(B) a trade or business located outside of a nonattainment area, but only with respect to qualified clean-fuel vehicle property used substantially within a nonattainment area. ``(2) Nonattainment area.--The term `nonattainment area' shall have the meaning given to such term by section 171 of the Clean Air Act (42 U.S.C. 7501). ``(e) Denial of Double Benefit.--Except as provided in section 30B(d)(4), no credit shall be allowed under subsection (a) for any expense for which a deduction or credit is allowed under any other provision of this chapter. ``(f) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit under any credit allowable under subsection (a) with respect to any property substantially all of the use of which is not in a nonattainment area.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code (relating to current year business credit) 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 thereof the following new paragraph: ``(37) the clean-fuel credit determined under section 45S.''. (c) Denial of Double Benefit.--Section 280C of such Code (relating to certain expenses for which credits are allowable) is amended by adding at the end thereof the following new subsection: ``(i) Zone Clean Fuels Expenses.--No deduction shall be allowed for that portion of expenses for clean-burning fuel otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit determined for such taxable year under section 45S.''. (d) Credit Allowed Against Regular and Minimum Tax.--Subparagraph (B) of section 38(c)(4) of such Code (relating to specified credits) is amended by striking ``and'' at the end of clause (viii), by striking the period at the end of clause (ix) and inserting ``, and'', and by inserting after clause (ix) the following: ``(x) the credit determined under section 45S.''. (e) Deduction for Certain Unused Business Credits.--Subsection (c) of section 196 of such Code 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 clean fuels credit determined under section 45S.''. (f) Conforming 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 the item relating to section 45R the following new item: ``Sec. 45S. Clean-fuel credit with respect to businesses located in nonattainment areas.''. (g) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2014. SEC. 3. CREDIT FOR HYBRID VEHICLES PLACED IN SERVICE IN NONATTAINMENT AREAS. (a) In General.--Subsection (d) of section 30B of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(4) Vehicles placed in service in nonattainment area after 2014.-- ``(A) In general.--No amount shall be allowed as a credit determined under this subsection for any taxable year beginning after 2014 with respect to a new qualified hybrid motor vehicle unless such vehicle is placed in service by an eligible business and substantially all of the use of which is in a nonattainment area. ``(B) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit under any credit allowable under subsection (a) by reason of subparagraph (A) with respect to any property substantially all of the use of which is not in a nonattainment area. ``(C) Phaseout not to apply.--For purposes of this subsection, subsection (f) shall not apply. ``(D) Definitions.--For purposes of this subsection, the terms `eligible business' and `nonattainment area' have the meanings given such terms by section 45S(d).''. (b) Extension of Credit for Hybrid Vehicles Placed in Service in Nonattainment Areas.--Paragraph (3) of section 30(k) of such Code is amended to read as follows: ``(3) in the case of a new qualified hybrid motor vehicle (as described in subsection (d)(2)(B))-- ``(A) December 31, 2009, and before January 1, 2015, or ``(B) December 31, 2014, and before January 1, 2020.''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2014.

Summary: Clean Vehicles Incentive Act of 2015 Amends the Internal Revenue Code to allow certain businesses located in areas designated as nonattainment areas under the Clean Air Act a general business tax credit for the cost of certain clean-fuel vehicle property and the use of clean-burning fuel. Allows a new qualified hybrid motor vehicle tax credit for hybrid motor vehicles placed in service after December 31, 2014, by an eligible business if substantially all of the use of the vehicle is in a nonattainment area.


SECTION 1. SHORT TITLE. This Act may be cited as the ``National Strategy for Homeland Security Act of 2004''. SEC. 2. DEFINITIONS. In this Act, the following definitions shall apply: (1) Commission.--The term ``Commission'' means the Homeland Security Strategy Commission established under section 4. (2) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. (3) Strategy.--The term ``Strategy'' means the National Strategy for Homeland Security developed under this Act. SEC. 3. NATIONAL STRATEGY FOR HOMELAND SECURITY. (a) Development and Submission of Strategy.-- (1) Development.--The Secretary, under the direction of the President, and in collaboration with the Assistant to the President for Homeland Security and the Homeland Security Council, shall develop the National Strategy for Homeland Security for the detection, prevention, protection, response, and recovery with regard to terrorist threats to the United States. (2) Submission to congress.-- (A) Initial submission.--Not later than December 1, 2005, and not later than December 1st of each year in which a President is inaugurated, the Secretary shall submit the Strategy to Congress. (B) Biennial update.--Not later than 2 years after each submission of the Strategy under subparagraph (A), the Secretary shall submit to Congress an updated version of the Strategy. (C) Progress reports.--Each year, in conjunction with the President's budget request, the Secretary shall provide an assessment of progress on implementing the Strategy, including the adequacy of resources to meet the objectives of the Strategy, and recommendations to improve and implement the Strategy. (3) Classified material.--Any part of the Strategy that involves information that is properly classified under criteria established by Executive Order shall be submitted to Congress separately in classified form. (b) Coordination With the Assistant to the President for Homeland Security.--The Secretary shall seek the assistance of the Assistant to the President for Homeland Security and the Homeland Security Council to-- (1) coordinate the input of Federal departments and agencies outside the Department of Homeland Security, which have homeland security responsibilities; and (2) work with the Secretary on all aspects of the Strategy. (c) Contents.-- (1) In general.--The Strategy shall include-- (A) a comprehensive statement of purpose, mission, and scope; (B) threat, vulnerability, and risk assessment and analysis, including an analysis of the threats and vulnerabilities regarding critical infrastructure, assets, and operations and a description of the role of the Homeland Security Institute in conducting such risk assessments; (C) a statement of desired end-states, including a hierarchy of strategic goals and subordinate objectives, as well as specific activities for achieving results and specific priorities, milestones, and performance measures to monitor progress toward goals; (D) an assessment of necessary resources and investments to achieve strategic goals, including the types of necessary resources involved and resource allocation mechanisms; (E) a delineation of organizational roles and responsibilities across the many entities involved in homeland security efforts, including-- (i) the proper roles and responsibilities of State, local, private, and international sectors, and a designation of coordinating mechanisms; and (ii) other specific measures to enhance cooperative efforts between the Federal government and the sectors described in clause (i); and (F) an explanation of the relationship between the Strategy and other Federal strategies addressing terrorist threats, including how these strategies will be integrated, and details on subordinate strategies within the Department of Homeland Security regarding specific aspects of homeland security. (2) Additional contents.--In addition to the items listed in paragraph (1), the Strategy shall include-- (A) policies and procedures to maximize the collection, translation, analysis, exploitation, and dissemination of information relating to combating terrorism and the homeland security response throughout the Federal government, and with State and local authorities, and, as appropriate, the private sector; (B) plans for countering chemical, biological, radiological, nuclear and explosive, and cyber threats; (C) plans for the coordination with, and integration of, the capabilities and assets of the United States military into all aspects of the Strategy, as appropriate; (D) plans for improving the resources of, coordination among, and effectiveness of, health and medical sectors for preventing, detecting, and responding to terrorist attacks on the homeland; (E) measures needed to enhance transportation security with respect to potential terrorist attacks, including aviation and non-aviation modes of transportation; (F) measures, based on the risk assessments under paragraph (1)(B), to identify and prioritize the need for protective and support measures for critical infrastructure and plans to secure these key assets; (G) an assessment of the Nation's ability to prevent, respond to, and recover from threatened and actual domestic terrorist attacks, and measures to enhance such preparedness across all levels of government and the private sector; (H) measures to secure the Nation's borders from terrorist threats, including agroterror, while continuing to facilitate the flow of legitimate goods and visitors; (I) plans for identifying, prioritizing, and meeting research and development objectives to support homeland security needs; and (J) plans for addressing other critical homeland security needs. (d) Cooperation.--At the request of the Secretary or the Assistant to the President for Homeland Security, Federal agencies shall provide necessary information or planning documents relating to the Strategy. SEC. 4. NATIONAL HOMELAND SECURITY COMMISSION. (a) Establishment.--The Secretary shall establish a nonpartisan, independent commission to be known as the Homeland Security Commission. (b) Membership.-- (1) Composition.--The Commission shall be composed of 9 members, including a chair, who shall be appointed by the Secretary, in consultation with the chairman and ranking member of-- (A) the Committee on Governmental Affairs of the Senate; and (B) the Select Committee on Homeland Security of the House of Representatives. (2) Qualifications.--Members of the Commission appointed under paragraph (1)-- (A) shall be recognized experts in matters relating to the homeland security of the United States; and (B) shall not be officers or employees of the Federal Government. (3) Period of appointment.--Each member of the Commission shall be appointed to the Commission for an 18-month term, which shall begin on December 1, 2005. (4) Vacancies.--Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (5) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. A quorum is required to approve any report issued by the Commission, but a minority of members may submit an appendix to be included in such report. (c) Duties.--The Commission shall conduct an independent, alternative assessment of the optimal policies and programs to improve homeland security against terrorist threats, including, to the extent practicable, an estimate of the funding required each fiscal year to support such policies and programs. (d) Compensation.--Each member of the Commission shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day, including travel time, during which the member is engaged in the performance of the duties of the Commission. (e) Travel Expenses.--Each member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (f) Staff.-- (1) In general.--The Chair of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director (subject to Commission confirmation) and such other additional personnel as may be necessary to enable the Commission to perform its duties. (2) Compensation.--The Chair of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to the classification of positions and General Schedule pay rates, except that the rate of pay may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (3) Personnel as federal employees.-- (A) In general.--The executive director and all employees of the Commission shall be employees under section 2015 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of such title. (B) Members of commission.--Subparagraph (A) shall not apply to members of the Commission. (4) Detail of government employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (g) Administrative Provisions.-- (1) Use of mail and printing.--The Commission may use the United States mails and obtain printing and binding services in the same manner and under the same conditions as other departments and agencies of the Federal Government. (2) Support services.--The Secretary shall furnish the Commission any administrative and support services requested by the Commission. (3) Gifts.--The Commission may accept and dispose of gifts or donations of services or property. (h) Payment of Commission Expenses.--The compensation, travel expenses, and per diem allowances of members and employees of the Commission shall be paid out of funds available to the Department for the payment of compensation, travel allowances and per diem allowances, respectively, of civilian employees of the Department. The other expenses of the Commission shall be paid out of funds available to the Department for the payment of similar expenses incurred by the Department. (i) Report.--Not later than December 1, 2006, the Commission shall submit, to the committees referred to under subsection (b)(1), a report that-- (1) describes the activities, findings, and recommendations of the Commission; and (2) provides recommendations for legislation that the Commission considers appropriate.

Summary: National Strategy for Homeland Security Act of 2004 - Directs the Secretary of Homeland Security, under the direction of the President, to develop a National Strategy for Homeland Security for detection, prevention, protection, response, and recovery with regard to terrorist threats to the United States. Requires the Secretary to: (1) submit the Strategy to Congress by December 1st of each year in which a President is inaugurated and to submit an updated version two years thereafter; and (2) provide, in conjunction with the President's budget request, an annual assessment of progress on implementing the Strategy. Sets forth contents of the Strategy, including: (1) threat, vulnerability, and risk assessment and analysis; (2) a statement of desired end-states; (3) an assessment of necessary resources and investments; (4) a delineation of organizational roles and responsibilities across the many entities involved; and (5) an explanation of the relationship between the Strategy and other Federal strategies addressing terrorist threats. Directs the Secretary to establish a nonpartisan, independent Homeland Security Commission to conduct an alternative assessment of the optimal policies and programs to improve homeland security against terrorist threats, including an estimate of the funding required.


SECTION 1. AUTHORIZATION FOR 99-YEAR LEASES. The second sentence of subsection (a) of the first section of the Act of August 9, 1955 (69 Stat. 539, chapter 615; 25 U.S.C. 415), is amended-- (1) by inserting ``lands held in trust for the Confederated Tribes of the Grand Ronde Community of Oregon,'' after ``lands held in trust for the Cahuilla Band of Indians of California,''; and (2) by inserting ``the Cabazon Indian Reservation,'' after ``the Navajo Reservation,''. SEC. 2. GRAND RONDE RESERVATION ACT. Section 1(c) of the Act entitled ``An Act to establish a reservation for the Confederated Tribes of the Grand Ronde Community of Oregon, and for other purposes,'' approved September 9, 1988 (102 Stat. 1594), is amended-- (1) by striking ``10,120.68 acres of land'' and inserting ``10,311.60 acres of land''; and (2) in the table contained in that subsection, by striking all after ``4 7 30 Lots 3, 4, SW\1/4\NE\1/4\, SE\1/ 240'' 4\NW\1/4\, E\1/2\SW\1/4\; through the end of the table, and inserting the following: ``6 8 1 N\1/2\SW\1/4\ 29.59 6 8 12 W\1/2\SW\1/4\NE\1/4\, SE\1/4\SW\1/ 21.70 4\NE\1/4\NW\1/4\, N\1/2\SE\1/ 4\NW\1/4\, N\1/2\SW\1/4\SW\1/ 4\SE\1/4\ 6 8 13 W\1/2\E\1/2\NW\1/4\NW\1/4\ 5.31 6 7 7 E\1/2\E\1/2\ 57.60 6 7 8 SW\1/4\SW\1/4\NW\1/4\, W\1/2\SW\1/ 22.46 4\ 6 7 17 NW\1/4\NW\1/4\, N\1/2\SW\1/4\NW\1/ 10.84 4\ 6 7 18 E\1/2\NE\1/4\ 43.42 ------------ Total 10,311.60'' SEC. 3. SAN CARLOS APACHE WATER RIGHTS SETTLEMENT. Section 3711(b) of the San Carlos Apache Tribe Water Rights Settlement Act of 1992 (106 Stat. 4752) is amended by striking ``subsections (c) and (d) of section 3704'' inserting ``section 3704(d)''. SEC. 4. YUROK SETTLEMENT RECOGNITION. Section 4 of Public Law 98-458 (25 U.S.C. 1407) is amended-- (1) in paragraph (2), by striking ``or'' at the end; (2) in paragraph (3), by inserting ``or'' at the end; and (3) by inserting after paragraph (3) the following: ``(4) are distributed pursuant to-- ``(A) the judgment of the United States Claims Court (which was subsequently reorganized as the United States Court of Federal Claims) in Jesse Short et al. v. United States, 486 F2d. 561 (Ct. Cl. 1973); or ``(B) any other judgment of the United States Court of Federal Claims in favor of 1 or more individual Indians,''. SEC. 5. SELF-DETERMINATION CONTRACT CARRY-OVER EXPENDITURE AUTHORIZATION. Notwithstanding any other provision of law, any funds that were provided to the Ponca Tribe of Nebraska for any of the fiscal years 1992 through 1998 pursuant to a self-determination contract with the Secretary of Health and Human Services that the Ponca Tribe of Nebraska entered into under section 102 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450f) that were retained by the Ponca Tribe of Nebraska to carry out programs and functions of the Indian Health Service may be used by the Ponca Tribe of Nebraska to purchase or build facilities for the health services programs of the Ponca Tribe of Nebraska. SEC. 6. NAVAJO-HOPI LAND DISPUTE SETTLEMENT ACT. Section 12 of the Navajo-Hopi Land Dispute Settlement Act (Public Law 104-301; 110 Stat. 3653) is amended-- (1) in subsection (a)(1)(C), in the first sentence, by inserting ``of surface water'' after ``on such lands''; and (2) in subsection (b), striking ``subsection (a)(3)'' both places it appears and inserting ``subsection (a)(1)(C)''. SEC. 7. TREATMENT OF CERTAIN DEMONSTRATION PROJECTS. (a) In General.--The Secretary of the Interior shall take such action as may be necessary to extend the terms of the projects referred to in section 512 of the Indian Health Care Improvement Act (25 U.S.C. 1660b) so that the term of each such project expires on October 1, 2002. (b) Amendment to Indian Health Care Improvement Act.--Section 512 of the Indian Health Care Improvement Act (25 U.S.C. 1660b) is amended by adding at the end the following: ``(c) In addition to the amounts made available under section 514 to carry out this section through fiscal year 2000, there are authorized to be appropriated such sums as may be necessary to carry out this section for each of fiscal years 2001 and 2002.''. SEC. 8. CONFEDERATED TRIBES OF COOS, LOWER UMPQUA, AND SIUSLAW INDIANS RESERVATION ACT. Section 7(b) of the Coos, Lower Umpqua, and Siuslaw Restoration Act (Public Law 98-481, 98 Stat. 2253) is amended by adding at the end the following: ``(4) In Lane County, Oregon, a parcel described as beginning at the common corner to sections 23, 24, 25, and 26 township 18 south, range 12 west, Willamette Meridian; then west 25 links; then north 2 chains and 50 links; then east 25 links to a point on the section line between sections 23 and 24; then south 2 chains and 50 links to the place of origin, and containing .062 of an acre, more or less, situated and lying in section 23, township 18 south, range 12 west, of Willamette Meridian.''. SEC. 9. HOOPA VALLEY RESERVATION BOUNDARY ADJUSTMENT. Section 2(b) of the Hoopa Valley Reservation South Boundary Adjustment Act (25 U.S.C. 1300i-1 note) is amended-- (1) by striking ``north 72 degrees 30 minutes east'' and inserting ``north 73 degrees 50 minutes east''; and (2) by striking ``south 15 degrees 59 minutes east'' and inserting ``south 14 degrees 36 minutes east''. SEC. 10. CLARIFICATION OF SERVICE AREA FOR CONFEDERATED TRIBES OF SILETZ INDIANS OF OREGON. Section 2 of the Act entitled ``An Act to establish a reservation for the Confederated Tribes of Siletz Indians of Oregon'', approved September 4, 1980 (94 Stat. 1073 and 1074), is amended-- (1) in the first sentence, by striking ``The Secretary'' and inserting ``(a) The Secretary''; and (2) by adding at the end the following: ``(b) Subject to the express limitations under sections 4 and 5, for purposes of determining eligibility for Federal assistance programs, the service area of the Confederated Tribes of the Siletz Indians of Oregon shall include Benton, Clackamas, Lane, Lincoln, Linn, Marion, Multnomah, Polk, Tillamook, Washington, and Yamhill Counties in Oregon.''. SEC. 11. MICHIGAN INDIAN LAND CLAIMS SETTLEMENT. Section 111 of the Michigan Indian Land Claims Settlement Act (111 Stat. 2665) is amended-- (1) by striking ``The eligibility'' and inserting the following: ``(b) Treatment of Funds for Purposes of Certain Federal Programs and Benefits.--The eligibility''; and (2) by inserting before subsection (b), as designated by paragraph (1) of this section, the following: ``(a) Treatment of Funds for Purposes of Income Taxes.--None of the funds distributed pursuant to this Act, or pursuant to any plan approved in accordance with this Act, shall be subject to Federal or State income taxes.''. SEC. 12. MISCELLANEOUS TECHNICAL CORRECTIONS. (a) Authorization.--Section 711(h) of the Indian Health Care Improvement Act (25 U.S.C. 1665j(h)) is amended by striking ``for each'' and all that follows through ``2000,'' and inserting ``for each of fiscal years 1996 through 2000,''. (b) Reference.--Section 4(12)(B) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103(12)(B)) is amended by striking ``Indian Self-Determination and Education Assistance Act of 1975'' and inserting ``Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.)''. SEC. 13. TRANSFER OF WATER RIGHTS. The Jicarilla Apache Tribe Water Rights Settlement Act (106 Stat. 2237 et seq.) is amended by adding at the end the following: ``SEC. 12. TRANSFER OF WATER RIGHTS. ``(a) In General.--In accordance with the requirements of section 2116 of the Revised Statutes (25 U.S.C. 177), the transfer of water rights set forth in paragraph (5) of the stipulation and settlement agreement between the Jicarilla Apache Tribe and other parties to the case referred to in section 8(e)(1)(B)(ii), that was executed on October 7, 1997, is approved. ``(b) Effective Date.--The approval under subsection (a) shall become effective on the date of entry of a partial final decree by the court for the case referred to in that subsection that quantifies the reserved water rights claims of the Jicarilla Apache Tribe.''. SEC. 14. NATIVE HAWAIIAN HEALTH SCHOLARSHIP PROGRAM. (a) Eligibility.--Section 10(a)(1) of the Native Hawaiian Health Care Act of 1988 (42 U.S.C. 11709(a)(1)) is amended by striking ``meet the requirements of section 338A of the Public Health Service Act (42 U.S.C. 2541)'' and inserting ``meet the requirements of paragraphs (1), (3), and (4) of section 338A(b) of the Public Health Service Act (42 U.S.C. 254l(b))''. (b) Terms and Conditions.--Section 10(b)(1) of the Native Hawaiian Health Care Act of 1988 (42 U.S.C. 11709(b)(1)) is amended-- (1) in subparagraph (A), by inserting ``identified in the Native Hawaiian comprehensive health care master plan implemented under section 4'' after ``health care professional''; (2) by redesignating subparagraphs (B) through (D) as subparagraphs (C) through (E), respectively; (3) by inserting after subparagraph (A) the following: ``(B) the primary health services covered under the scholarship assistance program under this section shall be the services included under the definition of that term under section 12(8),''; (4) by striking subparagraph (D), as redesignated, and inserting the following: ``(D) the obligated service requirement for each scholarship recipient shall be fulfilled through the full-time clinical or nonclinical practice of the health profession of scholarship recipient, in an order of priority that would provide for practice-- ``(i) first, in any 1 of the 5 Native Hawaiian health care systems, and ``(ii) second, in-- ``(I) a health professional shortage area or medically underserved area located in the State of Hawaii, or ``(II) geographic area or facility that is-- ``(aa) located in the State of Hawaii, and ``(bb) has a designation that is similar to a designation described in subclause (I) made by the Secretary, acting through the Public Health Service,''; (5) in subparagraph (E), as redesignated, by striking the period and inserting a comma; and (6) by adding at the end the following: ``(F) the obligated service of a scholarship recipient shall not be performed by the recipient through membership in the National Health Service Corps, and ``(G) the requirements of sections 331 through 338 of the Public Health Service Act (42 U.S.C. 254d through 254k), section 338C of that Act (42 U.S.C. 254m), other than subsection (b)(5) of that section, and section 338D of that Act (42 U.S.C. 254n) applicable to scholarship assistance provided under section 338A of that Act (42 U.S.C. 254l) shall not apply to the scholarship assistance provided under subsection (a) of this section.''.

Summary: Amends Federal law to authorize leases granted on lands held in trust for the Confederated Tribes of the Grand Ronde Community of Oregon and on the Cabazon Indian Reservation in California to be for terms of up to 99 years. Makes technical amendments to specified laws relating to Native Americans. Exempts from Federal and State taxation funds distributed pursuant to the judgment in Jesse Short et al. v. United States or any other judgment of the U.S. Court of Federal Claims in favor of individual Indians and provides that such funds shall not be considered as resources for purposes of reducing benefits under the Social Security Act or, except for per capita shares exceeding $2,000, any Federal program. Authorizes any funds provided to the Ponca Tribe of Nebraska for any of FY 1992 through 1998 pursuant to a self-determination contract to carry out Indian Health Service programs to be used by the Tribe to purchase or build health service facilities. Requires the Secretary of the Interior to extend the terms of specified Indian health care demonstration projects at the Oklahoma City and Tulsa clinics in Oklahoma through FY 2002. Amends the Indian Health Care Improvement Act to extend the authorization of appropriations for such projects through FY 2002. Amends the Coos, Lower Umpqua, and Siuslaw Restoration Act to direct the Secretary of the Interior to accept additional Oregon lands in trust for the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians for a reservation. Includes certain counties in Oregon in the service area of the Confederated Tribes of the Siletz Indians for purposes of determining eligibility for Federal assistance programs. Amends the Michigan Indian Land Claims Settlement Act to exempt all funds distributed under such Act from Federal or State income taxes. Amends the Jicarilla Apache Tribe Water Rights Settlement Act to approve a specified transfer of water rights between the Jicarilla Apache Tribe and other parties. Amends the Native Hawaiian Health Care Act of 1988 to revise conditions pertaining to Native Hawaiian health scholarships.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Art-in-Architecture Act of 1993''. SEC. 2. PURPOSE. Congress finds that Federal buildings, through the integration of permanent works of art with architecture, should engage and represent the diverse social, cultural, and historic characteristics of the communities in which the Federal buildings are located and serve. SEC. 3. DEFINITIONS. As used in this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the General Services Administration or a designee of the Administrator. (2) Agency fine arts officer.--The term ``agency fine arts officer'' means the General Services Administration official with technical and professional agencywide oversight responsibility for the fine arts programs of the agency. (3) Artist.--The term ``artist'' means any individual, partnership, corporation, association, or other entity that creates a work of art. (4) Work of art.--The term ``work of art'' includes a painting, sculpture, work on paper, literary or poetic inscription, large-scale crafts (such as mosaics, ceramics, and tapestries), environmental art, or architectural art integrated into a building. A work of art is one that exists only in a single copy unless the Federal Government has given the artist written permission to fabricate actual size reproductions. (5) Federal building.--The term ``Federal building'' means any public building, along with the grounds, approaches, and appurtenances of the building, under the jurisdiction of the Administrator, that attracts, or is expected to attract, significant public use. (6) Project.--The term ``project'' means an existing or new building and site, including the art project, and all repair and alteration construction relating to a building. (7) Art project.--The term ``art project'' means the commissioning of works of art by the Administrator. (8) Art project funding.--The term ``art project funding'' means the total funds allocated to a project for commissioning a work of art. (9) Community representatives.--The term ``community representatives'' includes art professionals or members of the lay public invited or in attendance at art project meetings held by the Administrator to solicit comments on a proposed art project. SEC. 4. COMMISSION AND CONTRACTS FOR WORKS OF ART. (a) Art Funding for New Buildings.-- (1) In general.--Except as provided in subsection (b), not less than \1/2\ of 1 percent of the funds made available for new construction, building purchase, acquisition, or prospectus-level repair and alteration projects shall be made available for art projects for the building. (2) Increase in amount.--The Administrator may increase the percentage amount specified in paragraph (1) for a project warranting more artwork, such as a building with exceptional public space whose architectural character and scale would accommodate and be significantly enhanced by large-scale, high- quality artwork. (3) Exception.--The Administrator may decrease the percentage amount specified in paragraph (1), specifying reasons for decreasing the amount, for a project warranting less artwork such as-- (A) a building with little or no public use or access; or (B) a building with sufficient previously acquired artwork. (b) Planning.--The preliminary planning and design of each new Federal building shall include planning for art commissions. (c) Commissioning.-- (1) Authority.--The Administrator shall commission works of art by living American artists to be placed in Federal buildings. (2) Amount of commission.--The commission award shall be based on a fixed price. (3) Selection.--In commissioning works of art, the Administrator shall select artists based upon-- (A) the artistic merit of the previous work of the artist; (B) the estimated value of the proposed work of art, and the scope, complexity, and professional nature of the work of art; (C) the artistic media; (D) the social, cultural, and aesthetic judgments of the local and regional community; (E) the interest in giving expression to the vitality and diversity of American life; and (F) the professional review of the agency fine arts officer. (d) Procedures.-- (1) Establishment of procedures.--The Administrator shall establish such procedures as are necessary to commission works of art, with an emphasis on the participation of community representatives. (2) Failure to negotiate contract.--If the Administrator is unable to negotiate a satisfactory contract with the selected artist, negotiations shall be terminated. The Administrator should undertake negotiations with alternate artists in order of merit. (3) Exemption from federal property and administrative services act.--Commissioning of art under this Act shall not be subject to title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.). (4) Publicity.--The Administrator shall publicize each prospective art project and shall give artists a reasonable period of time to respond for consideration. (e) Maintenance of Artwork.--The Administrator shall provide for necessary services to maintain and preserve the works of art in a state of high quality. (f) Registry of Portfolios.--The agency fine arts officer shall maintain a registry of portfolios and statements of qualifications for artists interested in being considered for art projects.

Summary: Art-in-Architecture Act of 1993 - Requires at least one half of one percent of funds made available for new construction, building purchase, acquisition, or prospectus-level repair and alteration projects to be made available for art projects for each Federal building, except when the Administrator of the General Services Administration or a designee may increase or decrease that percentage under specified conditions. Requires the preliminary planning and design of each new Federal building to include planning for art commissions. Directs the Administrator to commission works of art by living American artists to be placed in Federal buildings. Sets forth requirements for commission amount, selection standards, procedures, artwork maintenance, and registry of portfolios.