SECTION 1. SHORT TITLE. This Act may be cited as the ``Captain James A. Lovell Federal Health Care Center Act of 2008''. SEC. 2. TRANSFER OF PROPERTY. (a) Transfer.-- (1) Transfer authorized.--Upon the conclusion of a resource-sharing agreement between the Secretary of Defense and the Secretary of Veterans Affairs providing for the joint use by the Department of Defense and the Department of Veterans Affairs of a facility and supporting facilities in North Chicago, Illinois, and Great Lakes, Illinois, and for joint use of related medical personal property and equipment, the Secretary of Defense may transfer, without reimbursement, to the Department of Veterans Affairs the Navy ambulatory care center (on which construction commenced in July 2008), parking structure, and supporting facilities, and related medical personal property and equipment, located in Great Lakes, Illinois. (2) Designation of joint use facility.--The facility and supporting facilities subject to joint use under the agreement and transfer under this subsection shall be designated as known as the ``Captain James A. Lovell Federal Health Care Center''. (b) Reversion.-- (1) In general.--If any of the real and related personal property transferred pursuant to subsection (a) is subsequently used for purposes other than the purposes specified in the joint use specified in the resource-sharing agreement described in that subsection or otherwise determined by the Secretary of Veterans Affairs to be excess to the needs of the Department of Veterans Affairs, the Secretary of Veterans Affairs shall offer to transfer such property, without reimbursement, to the Secretary of Defense. Any such transfer shall be completed not later than one year after the acceptance of the offer of transfer. (2) Reversion in event of lack of facilities integration.-- (A) Within initial period.--During the 5-year period beginning on the date of the transfer of the real and related personal property described in subsection (a), if the Secretary of Veterans Affairs and the Secretary of Defense jointly determine that the integration of the facilities described in that subsection should not continue, the real and related personal property of the Navy ambulatory care center, parking structure, and support facilities described in that subsection shall be transferred, without reimbursement, to the Secretary of Defense. Such transfer shall occur not later than 180 days after the date of such determination by the Secretaries. (B) After initial period.--After the end of the 5- year period described in subparagraph (A), if either the Secretary of Veterans Affairs or the Secretary of Defense determines that the integration of the facilities described in subsection (a) should not continue, the Secretary of Veterans Affairs shall transfer, without reimbursement, to the Secretary of Defense the real and related personal property described in paragraph (1). Such transfer shall occur not later than one year after the date of the determination by the Secretary concerned. SEC. 3. TRANSFER OF CIVILIAN PERSONNEL OF THE DEPARTMENT OF DEFENSE. (a) Authorization for Transfer of Functions.-- (1) In general.--The Secretary of Defense may transfer to the Department of Veterans Affairs, and the Secretary of Veterans Affairs may accept from the Department of Defense, functions necessary for the effective operation of the Captain James A. Lovell Federal Health Care Center. (2) Treatment of transfers.--Any transfer of functions under this subsection is a transfer of functions within the meaning of section 3503 of title 5, United States Code. (b) Terms of Agreement.-- (1) Resource-sharing agreement.--Any transfer of functions under subsection (a) shall be effectuated in a resource-sharing agreement between the Secretary of Defense and the Secretary of Veterans Affairs. (2) Elements.--Notwithstanding any other provision of law, including but not limited to any provisions of title 5, United States Code, relating to transfers of function or reductions- in-force, the agreement described in paragraph (1) shall be controlling and may make provision for-- (A) the transfer of civilian employee positions of the Department of Defense identified in the agreement to the Department of Veterans Affairs and of the incumbent civilian employees in such positions; (B) the transition of transferred employees to pay, benefits, and personnel systems of the Department of Veterans Affairs in a manner which will not result in any reduction of pay, grade, or employment progression of any employee or any change in employment status for employees who have already successfully completed or are in the process of completing a one-year probationary period under title 5, United States Code; (C) the establishment of integrated seniority lists and other personnel management provisions that recognize an employee's experience and training so as to provide comparable recognition of employees previously with the Department of Veterans Affairs and employees newly transferred to such Department; and (D) such other matters relating to civilian personnel management as the Secretary of Defense and the Secretary of Veterans Affairs consider appropriate. (c) Preservation of Authority.--Notwithstanding subsections (a) and (b), nothing in this section shall be construed as limiting the authority of the Secretary of Defense to establish civilian employee positions in the Department of Defense and utilize all civilian personnel authorities otherwise available to the Secretary if the Secretary determines that such actions are necessary and appropriate to meet mission requirements of the Department of Defense. SEC. 4. EXTENSION AND EXPANSION OF JOINT INCENTIVE FUND. (a) Ten-Year Extension of Authority for Joint Incentives Program.-- Paragraph (3) of section 8111(d) of title 38, United States Code, is amended by striking ``2010'' and inserting ``2020''. (b) Funding of Maintenance and Minor Construction From the Joint Incentive Fund.--Paragraph (2) of such section is amended by adding at the end the following new sentence: ``Such purposes shall include real property maintenance and minor construction projects that are not required to be specifically authorized by law under section 8104 of this title and section 2805 of title 10.''. SEC. 5. HEALTH CARE ELIGIBILITY FOR SERVICES AT THE CAPTAIN JAMES A. LOVELL FEDERAL HEALTH CARE CENTER. (a) In General.--For purposes of eligibility for health care under chapter 55 of title 10, United States Code, the Captain James A. Lovell Federal Health Care Center authorized by this Act may be deemed to be a facility of the uniformed services to the extent provided in an agreement between the Secretary of Defense and the Secretary of Veterans Affairs under subsection (b). (b) Elements of Agreement.--Subsection (a) may be implemented through an agreement between the Secretary of Veterans Affairs and the Secretary of Defense. The agreement may-- (1) establish an integrated priority list for access to available care at the facility described in subsection (a), integrating the respective priority lists of the Secretaries, taking into account categories of beneficiaries, enrollment program status, and such other factors as the Secretaries determine appropriate; (2) incorporate any resource-related limitations for access to care at that facility established by the Secretary of Defense for purposes of administering space-available eligibility for care in facilities of the uniformed services under chapter 55 of title 10, United States Code; (3) allocate financial responsibility for care provided at that facility for individuals who are eligible for care under both title 38, United States Code, and chapter 55 of title 10, United States Code; and (4) waive the applicability to that facility of any provision of section 8111(e) of title 38, United States Code, as specified by the Secretaries.

Summary: Captain James A. Lovell Federal Health Care Center Act of 2008 - Authorizes the Secretary of Defense (Secretary), upon the conclusion of a resource-sharing agreement between the Secretary and the Secretary of Veterans Affairs, to transfer to the Department of Veterans Affairs (VA) the Navy ambulatory care center, parking structure, supporting facilities, and related medical personal property and equipment in Great Lakes, Illinois. Designates such facility and supporting facilities as the Captain James A. Lovell Federal Health Care Center (Center). Provides a reversionary interest to the Secretary if the property is not used in accordance with the resource-sharing agreement or in the event of lack of facilities integration. Authorizes the Secretary to transfer to the VA functions necessary for Center operation. Extends through FY2020 a joint Department of Defense (DOD)-VA program to identify, implement, and evaluate creative health care coordination and sharing initiatives at the facility, intraregional, and nationwide levels. Deems the Center a military facility for purposes of the eligibility of members of the Armed Forces to receive care and services there.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Main Street Survival Act''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--The Congress finds the following: (1) Despite the infusion of hundreds of billions of dollars to provide liquidity to capital markets, many qualified and creditworthy small and medium-sized businesses continue to face severely constricted credit markets. (2) Banks of all sizes have significantly decreased lending in, and in some cases withdrawn completely from, the small and medium-sized business credit market. (3) Available and affordable credit is critical for the survival of the small and medium-sized businesses that form the backbone of the economy of the United States. (b) Sense of the Congress on Lending to Small and Medium-sized Businesses.--It is the sense of the Congress that the President, acting through the Secretary of the Treasury, should encourage financial institutions that have received Federal financial support to maintain historic levels of lending to small and medium-sized businesses. SEC. 3. DEFINITIONS. In this Act-- (1) the term ``revolving loan fund'' means the revolving loan fund established under section 4(b); and (2) the term ``Secretary'' means the Secretary of the Treasury. SEC. 4. MAIN STREET REVOLVING LOAN FUND PROGRAM. (a) Establishment.--The Secretary shall establish the Main Street Revolving Loan Fund Program (hereinafter in this Act referred to as the ``program'') to provide temporary loans to businesses that meet the size requirement under paragraph (1) of subsection (c). (b) Revolving Loan Fund.-- (1) In general.--There is established in the Treasury a revolving loan fund for the program. (2) Initial transfer.--From dividends paid by financial institutions that have received financial assistance provided under title I of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343; 12 U.S.C. 5211 et seq.), the Secretary shall transfer and credit $1,000,000,000 to the revolving loan fund. (3) Expenditures.--The Secretary shall use the amounts in the revolving loan fund to carry out the program. (4) Deposits.--The Secretary shall deposit amounts received as payment on loans provided under the program into the revolving loan fund. (c) Eligibility.-- (1) Size requirement.--To qualify for a loan under the program, a business shall have less than 1,000 full-time equivalent employees at the time of submission of an application under subsection (d). (2) Considerations.--The Secretary, through regulations, shall develop criteria to evaluate and select businesses for participation in the program, taking into consideration-- (A) the likelihood that the business concerned will be forced to lay off employees in the absence of obtaining a loan under such program; and (B) the ability of such businesses to repay the loan. (3) Availability.--The criteria developed under paragraph (2) shall be made available on the official public Web site of the Department of the Treasury. (d) Application.--A business desiring a loan under the program shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. SEC. 5. TERMS. (a) Use of Funds.--A business receiving a loan under the program may use the funds to finance the cost of operations, including-- (1) purchasing and operating equipment; (2) paying salaries, wages, and building expenses; and (3) purchasing inventory or making improvements to enhance productivity. (b) Prohibited Use.--A loan provided under the program may not be used to significantly expand operations. (c) Repayment Period.--A loan provided under the program shall be made for a period not to exceed 9 months. (d) Maximum Loan Amount.--Under the program, the Secretary may provide not more than a total of $1,000,000 in loans to a particular business in any fiscal year. SEC. 6. ADMINISTRATIVE COSTS. Not more than $1,000,000 may be used for administrative costs in any fiscal year to carry out the program. SEC. 7. REPORT. (a) In General.--The Secretary shall make available on the official public Web site of the Department of the Treasury, and submit to Congress-- (1) within 1 year after the date of enactment of this Act and each year thereafter in which a loan has been made under the program, an annual report; and (2) within 90 days after the end of the 9-month period following the issuance of the final loan under the program, a final report. (b) Details.--Each report shall provide details on loans provided under the program and the effectiveness of such program in providing stability for, and otherwise supporting, businesses. SEC. 8. REGULATIONS. The Secretary may prescribe regulations necessary to carry out this Act. SEC. 9. SUNSET. An application for a loan under the program may not be accepted after the date which is 3 years after the date of enactment of this Act.

Summary: Main Street Survival Act - Expresses the sense of Congress that the President should encourage financial institutions that have received federal financial support to maintain historic levels of lending to small and medium-sized businesses. Instructs the Secretary of the Treasury to establish a three-year Main Street Revolving Loan Fund Program to provide temporary loans to businesses with less than 1,000 full-time equivalent employees. Establishes in the Treasury a revolving loan fund to implement the Program. Permits a business to use a Main Street revolving loan to finance the cost of certain operations, but prohibits the use of it to expand its operations significantly. Limits the term of such a loan to nine months, and the maximum total amount of loans to a particular business in any fiscal year to $1 million.


SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``FCC Modernization Act of 1996''. (b) References.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Communications Act of 1934 (47 U.S.C. 151 et seq.). SEC. 2. PURPOSES; PLAN FOR AGENCY MODERNIZATION. (a) Purposes.--The purposes of this Act are-- (1) to require the Federal Communications Commission to streamline its management and prepare an agency plan for accomplishing its mission with reduced resources; (2) to reduce regulatory burdens and agency functions as competition renders those burdens and functions unnecessary; and (3) to repeal outdated and unnecessary provisions of the Communications Act of 1934. (b) Plan for Agency Modernization.-- (1) Plan required.--Within 6 months after the date of enactment of this Act, the Commission shall prepare a plan-- (A) to adjust the allocation of agency personnel to reflect the open-entry and pro-competitive policies adopted by the United States; (B) to propose the automation or privatization of routine agency functions, including the use of advisory committees for coordinating frequency assignments and automating frequency assignment databases; (C) to propose the termination of agency functions that are no longer necessary to the protection of the public interest; (D) to reduce the levels of agency's expenses for management and overhead; and (E) to prepare the agency for rapid response to changes in technologies and markets. (2) Contents required.--The plan required by this subsection shall include-- (A) detailed projections of agency financial and personnel requirements over the 5 succeeding fiscal years; (B) the savings expected from automating and privatizing routine agency functions and from terminating unnecessary agency functions, and deadlines by which such automation, privatization, and termination will be attained; (C) the appropriate level of funding for agency management and overhead expenses; and (D) any additional authority or statutory changes required to achieve the plan or carry out the purposes of this section. (3) Submission of plan.--The Commission shall submit a copy of the plan required by this subsection to the President and to the Committee on Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. SEC. 3. AUTHORITY TO DELEGATE. Section 5 (47 U.S.C. 155) is amended by adding at the end the following new subsection: ``(f) Delegation to Advisory Coordinating Committees.-- ``(1) In general.--When necessary to the prompt and orderly conduct of its business, the Commission may, by published rule or order, delegate its authority to grant licenses and permits (and modifications and renewals thereof) for stations in the private mobile services to advisory coordinating committees qualified pursuant to section 332(b). Any order, decision, report, or action made or taken pursuant to any such delegation, unless reviewed as provided in paragraph (2), shall have the same force and effect, and shall be made, evidenced, and enforced in the same manner, as orders, decisions, reports, or other actions of the Commission. ``(2) Review of actions.--Any order, decision, report, or action described in paragraph (1) of this subsection shall be subject to review in the same manner as is provided by paragraphs (4) through (7) of subsection (c) with respect to an order, decision, report, or action made or taken pursuant to paragraph (1) of such subsection.''. SEC. 4. CONTRACT FILINGS. (a) Amendment.--Section 211 (47 U.S.C. 211) is amended to read as follows: ``SEC. 211. AUTHORITY TO REQUIRE CONTRACTS TO BE FILED. ``The Commission may, by rule, require the filing by any carrier subject to this Act of any contract, agreement, or arrangement.''. (b) Delayed Effective Date To Permit Rulemaking.--The amendment made by subsection (a) shall be effective 6 months after the date of enactment of this Act. SEC. 5. INTERLOCKING DIRECTORATES. Section 212 (47 U.S.C. 212), relating to interlocking directorates, is repealed. SEC. 6. VALUATION OF CARRIER PROPERTY. Section 213 (47 U.S.C. 213), relating to valuation of carrier property, is amended-- (1) by striking subsections (a) through (e); (2) in subsection (f), by striking ``such carrier'' and inserting ``any carrier subject to this Act''; and (3) by redesignating subsections (f) and (g) as subsections (a) and (b), respectively. SEC. 7. ELIMINATION OF COMMISSION AUTHORITY OVER NEW LINES; CONTROL OF ABANDONMENT TO PROTECT UNIVERSAL SERVICE. (a) Amendments.--Section 214 (47 U.S.C. 214) is amended-- (1) by amending subsection (a) to read as follows: ``(a) Carrier Authority To Discontinue, Reduce, or Impair Service.--No carrier shall discontinue, reduce, or impair service to a community, or part of a community, unless and until there shall first have been obtained from the Commission a certificate that the public convenience and necessity will not be adversely affected thereby; except that the Commission may, upon appropriate request being made, authorize temporary or emergency discontinuance, reduction, or impairment of service, or partial discontinuance, reduction, or impairment of service, without regard to the provisions of this section. As used in this section the term `line' means any channel of communication established by the use of appropriate equipment, other than a channel of communication established by the interconnection of two or more existing channels.''; (2) in subsection (b)-- (A) by inserting ``Notice.--'' after the subsection designation; and (B) by striking ``in which such line is proposed to be constructed, extended, acquired, or operated, or''; (3) in subsection (c)-- (A) by inserting ``Issuance and Effect of Certificate.--'' after the subsection designation; (B) by striking ``or extension thereof''; (C) by striking ``construction, extension, acquisition, operation, or''; and (D) by striking ``Any construction, extension, acquisition, operation, discontinuance'' and inserting ``Any discontinuance''; and (4) in subsection (d), by inserting ``Mandatory Extensions of Service.--'' after the subsection designation. (b) Expeditious Consideration of Waiver Requests in Connection With Acquisitions.--A common carrier's application for a waiver of part 36, 61, or 69 of the Commission's rules (47 C.F.R. parts 36, 61, and 69) in connection with an acquisition of the lines of another common carrier shall be deemed approved 6 months after the date on which the application is filed with the Commission unless the Commission, prior to the expiration of such 6-month period, finds that the application is not in the public interest. (c) Delayed Effective Date for International Extensions.--The amendments made by subsection (a) of this section are effective upon enactment, except that such amendments shall not apply with respect to the construction, extension, or acquisition of any line for foreign communication until such date as the Commission prescribes by rule consistent with the public interest. SEC. 8. TRANSACTIONS RELATING TO SERVICES AND EQUIPMENT. Section 215 (47 U.S.C. 215), relating to transactions relating to services and equipment, is repealed. SEC. 9. INQUIRIES INTO MANAGEMENT. Section 218 (47 U.S.C. 218), relating to inquiries into management, is amended-- (1) by amending the section designation and heading of such section to read as follows: ``SEC. 218. AUTHORITY TO OBTAIN INFORMATION.''; (2) by striking the first sentence; and (3) by striking ``such carriers'' and inserting ``carriers subject to this Act''. SEC. 10. ANNUAL AND OTHER REPORTS. Section 219 (47 U.S.C. 219) is amended to read as follows: ``SEC. 219. FILING OF FINANCIAL STATEMENTS AND ANNUAL REPORTS. ``Each telecommunications carrier shall file with the Commission-- ``(1) a copy of any annual or other periodic report to shareholders; ``(2) a copy of any prospectus, registration statement, proxy statement, or other document distributed in connection with an offering of securities or the solicitation of shareholder votes; and ``(3) a copy of such other supplementary and periodic information, documents, and reports as may be required by the Securities and Exchange Commission pursuant to section 13 or 15(d) of the Securities Exchange Act of 1934.''. SEC. 11. PIONEER PREFERENCES. (a) Termination of Authority.--Paragraph (13) of section 309(j) (47 U.S.C. 309(j)) is amended to read as follows: ``(13) Termination of authority to grant pioneer preferences.--The authority of the Commission to provide preferential treatment in licensing procedures (by precluding the filing of mutually exclusive applications) to persons who make significant contributions to the development of a new service or to the development of new technologies that substantially enhance an existing service shall expire on the date of enactment of the FCC Modernization Act of 1996.''. (b) Conforming Amendments.--Section 309(j)(6) is amended-- (1) by inserting ``and'' after the semicolon at the end of subparagraph (F); (2) by striking subparagraph (G); (3) by striking ``section 8'' in subparagraph (H) and inserting ``sections 8 and 9''; and (4) by redesignating subparagraph (H) as subparagraph (G). SEC. 12. USE OF NAVAL STATIONS FOR COMMERCIAL MESSAGES. Section 327 (47 U.S.C. 327), relating to use of naval stations for commercial messages, is repealed. SEC. 13. VERY HIGH FREQUENCY STATIONS AND AM RADIO STATIONS. Section 331 (47 U.S.C. 331), relating to very high frequency stations and AM radio stations, is repealed. SEC. 14. PROCEEDS OF FACILITIES SITING FEES. Section 704(c) of the Telecommunications Act of 1996 (47 U.S.C. 332(c), note) is amended by inserting before the last sentence the following new sentence: ``All proceeds from the fees charged by Federal departments and agencies for use of property, rights-of-way, and easements shall be deposited in the Treasury in accordance with chapter 33 of title 31, United States Code. As used in this subsection, the term `agency' has the meaning provided in section 551(1) of title 5, United States Code, and includes, notwithstanding any other provision of law, any independent establishment in the Executive branch.''. SEC. 15. TRAVEL RESTRICTION. For the 2 years following the date of enactment of this Act, the Chairman of the Federal Communications Commission shall not be permitted to travel more than 50 miles from the District of Columbia while on official business.

Summary: FCC Modernization Act of 1996 - Directs the Federal Communications Commission (FCC) to prepare a plan to: (1) adjust the allocation of FCC personnel to reflect competitive policies adopted by the United States; (2) propose the automation or privatization of routine FCC functions, as well as the termination of unnecessary functions; (3) reduce FCC management and overhead expenses; and (4) prepare the FCC for rapid response to changes in technologies and markets. (Sec. 3) Amends the Communications Act of 1934 to authorize the FCC to delegate to advisory coordinating committees its authority to grant licenses and permits for stations in the private mobile communications services. (Sec. 4) Authorizes the FCC to require the filing by any carrier of any contract, agreement, or arrangement. (Currently, every such carrier is required to make such filings.) (Sec. 5) Repeals provisions of the Act: (1) prohibiting any person from holding the position of officer or director of more than one carrier subject to the Act, unless authorized by the FCC; and (2) authorizing the FCC to undertake valuations, and require inventories, of carrier property. (Sec. 7) Terminates the FCC's authority to prohibit the construction of a new line, or the extension of a line, of communications service by a carrier without such carrier first obtaining a certificate of permission from the FCC. Delays the effective date of such termination with respect to the construction, extension, or acquisition of any line for foreign communications. Provides that a common carrier's application for a waiver of specified regulations in connection with an acquisition of the lines of another carrier shall be deemed approved six months after submission unless the FCC finds that the application is not in the public interest. (Sec. 8) Repeals provisions of the Act: (1) requiring the FCC to examine common carrier transactions relating to the furnishing of equipment, supplies, and services in order to determine the effect of such transactions on fees charged by such carriers; and (2) authorizing the FCC to inquire into the management of the business of all carriers subject to the Act. (Sec. 10) Requires each telecommunications carrier to file annually with the FCC its financial report to shareholders, as well as related documents and information. (Currently, the FCC is authorized to require certain reports from such carriers.) (Sec. 11) Terminates the FCC's authority to provide preferential treatment in licensing procedures to persons who make significant contributions to the development of a new telecommunication service or the development of new technologies that substantially enhance an existing service. (Sec. 12) Repeals provisions of the Act relating to: (1) the use of naval radio stations for broadcasting commercial messages; and (2) FCC allocation of very high frequency stations and AM radio stations. (Sec. 14) Provides for deposit into the Treasury of fees charged by Federal departments and agencies for use of property, rights-of-way, and easements. (Sec. 15) Prohibits the FCC Chairman, for two years after the enactment of this Act, from travelling more than 50 miles from the District of Columbia while on official business.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Dairy Promotion Equity Act''. SEC. 2. FUNDING OF DAIRY PROMOTION AND RESEARCH PROGRAM. (a) Declaration of Policy.--The first sentence of section 110(b) of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4501(b)) is amended-- (1) by inserting after ``commercial use'' the following: ``and on imported dairy products''; and (2) by striking ``products produced in'' and inserting ``products produced in or imported into''. (b) Definitions.--Section 111 of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4502) is amended-- (1) in subsection (k), by striking ``and'' at the end; (2) in subsection (l), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(m) the term `imported dairy product' means any dairy product that is imported into the United States, including-- ``(1) milk and cream and fresh and dried dairy products; ``(2) butter and butterfat mixtures; ``(3) cheese; ``(4) casein and mixtures; and ``(5) other dairy products; and ``(n) the term `importer' means a person that imports an imported dairy product into the United States.''. (c) Funding.-- (1) Representation on board.--Section 113(b) of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4504(b)) is amended-- (A) by designating the first through ninth sentences as paragraphs (1) through (5) and paragraphs (7) through (10), respectively; (B) in paragraph (1) (as so designated), by striking ``thirty-six'' and inserting ``38''; (C) in paragraph (2) (as so designated), by striking ``Members'' and inserting ``Of the members of the Board, 36 members''; and (D) by inserting after paragraph (5) (as so designated) the following: ``(6) Importers.-- ``(A) In general.--Of the members of the Board, 2 members shall be representatives of importers of imported dairy products. ``(B) Appointment.--The importer representatives shall be appointed by the Secretary from nominations submitted by importers under such procedures as the Secretary determines to be appropriate.''. (2) Assessment.--Section 113(g) of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4504(g)) is amended-- (A) by designating the first through fifth sentences as paragraphs (1) through (5), respectively; and (B) by adding at the end the following: ``(6) Importers.-- ``(A) In general.--The order shall provide that each importer of imported dairy products shall pay an assessment to the Board in the manner prescribed by the order. ``(B) Rate.--The rate of assessment on imported dairy products shall be determined in the same manner as the rate of assessment per hundredweight or the equivalent of milk. ``(C) Value of products.--For the purpose of determining the assessment on imports under subparagraph (B), the value to be placed on imported dairy products shall be established by the Secretary in a fair and equitable manner.''. (3) Records.--The first sentence of section 113(k) of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4504(k)) is amended by striking ``person receiving'' and inserting ``importer of imported dairy products, each person receiving''. (4) Referendum.--Section 116 of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4507) is amended by adding at the end the following: ``(d) Referendum on Dairy Promotion Equity Act.-- ``(1) In general.--On the request of a representative group comprising 10 percent or more of the number of producers subject to the order, the Secretary shall-- ``(A) conduct a referendum to determine whether the producers favor suspension of the application of the amendments made by section 2 of the Dairy Promotion Equity Act; and ``(B) suspend the application of the amendments until the results of the referendum are known. ``(2) Continuation of suspension.--The Secretary shall continue the suspension of the application of the amendments referred to in paragraph (1)(A) only if the Secretary determines that suspension of the application of the amendments is favored by a majority of the producers voting in the referendum who, during a representative period (as determined by the Secretary), have been engaged in the production of milk for commercial use.''.

Summary: Dairy Promotion Equity Act - Amends the Dairy Production Stabilization Act of 1983 to: (1) require dairy importers to contribute to the dairy promotion program; (2) increase National Dairy Board membership by including importers; and (3) provide for a referendum regarding suspension of certain provisions under the Dairy Promotion Equity Act.


SECTION 1. SHORT TITLE. This Act may be cited as the ``National Park Service Entrepreneurial Management Reform Act of 1994''. SEC. 2. FEES. (a) Admission Fees.--Section 4(a) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 and following) is amended as follows: (1) In the first sentence of paragraph (1)(A)(i), by striking ``$25'' and inserting ``$40''. (2) By amending the second sentence of paragraph (1)(A)(i) to read as follows: ``The permittee and the accompanying spouse, children, and parents of the permittee shall be entitled to general admission into any area designated pursuant to this section.''. (3) By modifying the margin of clause (ii) of paragraph (1)(A) to align with the margin of clause (i). (4) By inserting at the end of clause (ii) of paragraph (1)(A) the following: ``Such receipts shall be made available, subject to appropriation, for authorized resource protection, rehabilitation, and conservation projects as provided for by subsection (i), including projects to be carried out by the Public Land Corps or any other conservation corps pursuant to the Youth Conservation Corps Act of 1970 (16 U.S.C. 1701 and following), or other related programs or authorities, on lands administered by the Secretary of the Interior and the Secretary of Agriculture.''. (5) In paragraph (1)(B), by striking ``$15'' and inserting ``$25'' and by adding at the end the following new sentence: ``Any amount by which the fee for such an annual permit exceeds $15 shall be credited to the appropriation account of the unit of the National Park System that collected the fee, shall be available to the unit without further appropriation, and shall remain available until expended.''. (6) In paragraph (2), by inserting ``(A)'' after ``(2)'', by striking the fifth and sixth sentences, by amending the fourth sentence to read as follows: ``The fee for a single- visit permit at any designated area shall be not more than $6 per person for persons entering by any means, except that the fee shall not exceed $20 for all persons entering a designated area in a single noncommercial vehicle.'', and by adding at the end the following new subparagraph: ``(B) The Secretary shall establish a pilot project at Yosemite National Park that utilizes incentives, including waiving or reducing admission fees, to encourage use of public transit which serves the purpose of reducing vehicular traffic within Yosemite National Park.''. (7) In paragraph (3), by striking the last sentence. (8) In paragraph (4), by striking ``No other free permits shall be issued to any person'' and inserting ``No other free permits shall be issued to any person, except as otherwise provided by this subsection''. (9) In paragraph (4), by amending the second sentence to read as follows: ``Such permit shall be nontransferable, shall be issued for a one-time charge of $10, and shall entitle the permittee and the accompanying spouse of the permitee to general admission into any area designated pursuant to this subsection.''. (10) In paragraph (6) by striking ``on Interior and Insular Affairs'' and inserting ``on Natural Resources''. (11) In paragraph (9), by striking ``San Juan National Historic Site, and Canaveral National Seashore'' and inserting ``and San Juan National Historic Site'' and by adding the following at the end thereof: ``The Secretary of the Interior shall submit a report to the Congress within 6 months after the enactment of this sentence respecting the areas at which the Secretary determines admission fees would be appropriate but at which such fees are prohibited by law and respecting each area at which such fees are authorized but not being collected (including an explanation of the reasons that such fees are not being collected).''. (12) By amending paragraph (11) to read as follows: ``(11) In the case of Yellowstone and Grand Teton National Parks, a single-visit fee collected at one unit shall also admit the person who paid such fee for a single visit to the other unit.''. (b) Penalty.--Section 4(e) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 and following) is amended by striking ``$100'' and inserting ``$1,000''. (c) Technical Amendments.--(1) Section 4(h) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 and following) is amended by striking ``on Interior and Insular Affairs of the United States House of Representatives and United States Senate'' and inserting ``on Natural Resources of the United States House of Representatives and on Energy and Natural Resources of the United States Senate'', by striking ``Bureau of Outdoor Recreation'' and inserting ``National Park Service'', and by striking ``Bureau'' and inserting ``National Park Service''. (2) Section 4(g) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 and following) is amended by striking ``or charges for commercial or other activities not related to recreation''. (d) Use of Fees.--Section 4(i) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 and following) is amended as follows: (1) By inserting ``Use of Fees.--'' after ``(i)''. (2) In the first sentence of paragraph (1)(B), by striking ``fee collection costs for that fiscal year'' and inserting ``fee collection costs for the immediately preceding fiscal year'' and by striking ``section in that fiscal year'' and inserting ``section in such immediately preceding fiscal year''. (3) In the second sentence of paragraph (1)(B), by striking ``in that fiscal year''. (4) In paragraph (1), by adding at the end the following new subparagraph: ``(C) Notwithstanding subparagraph (A) and notwithstanding any other provision of law, for fiscal years after fiscal year 1995, the amount by which the receipts collected pursuant to this section by the National Park Service (except for the portion of fee receipts withheld as provided in subparagraph (B) for fee collection costs) exceeds the receipts collected pursuant to this section by the National Park Service in fiscal year 1993 shall be covered into a special fund established in the Treasury of the United States to be known as the `National Park Renewal Fund'. Amounts in such fund shall be available to the Secretary of the Interior, without further appropriation, for resource protection, research, interpretation, and maintenance activities related to resource protection and visitor enjoyment in areas managed by the National Park Service and shall be allocated among national park system units in accordance with subsection (j). Such amounts shall remain available until expended. The Secretary shall develop procedures for the use of amounts in the fund that ensure accountability and demonstrated results consistent with the purposes of this Act. Beginning after the first full fiscal year following enactment of this subparagraph, the Secretary shall submit an annual report to Congress, on a unit-by-unit basis, detailing the fees receipts collected pursuant to this section and the expenditures of such receipts.''. (e) Time of Reimbursement.--Section 4(k) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 and following) is amended by striking the last sentence. (f) Fees for Special Uses.--Section 4 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 and following) is amended by adding the following new subsection at the end: ``(o) Fees for Special Uses.--The Secretary of the Interior shall establish reasonable fees for nonrecreational uses of national park system units that require special arrangements, including permits. The fees shall be set at such level as the Secretary deems necessary to insure that the United States will receive fair market value for the use of the area concerned and shall, at a minimum, cover all costs of providing necessary services associated with such special uses, except that the Secretary may, in his discretion, waive or reduce such fees in the case of any nonprofit organization or any organization using an area within the national park system for educational or park-related purposes. Notwithstanding any other provision of law, the Secretary shall retain so much of the revenue from such fees as is equal to fee collection costs and the costs of providing the necessary services associated with such special uses. Such retained amounts shall be credited to the appropriation account for the national park system unit concerned and shall remain available until expended, beginning in the fiscal year in which the amounts are so credited.''. (g) Admission or Recreation Use Fees.--Section 4 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 and following) is amended by adding the following new subsection at the end: ``(p) Admission or Recreation Use Fees.--Notwithstanding any other provision of law, no admission or recreation use fee of any kind shall be charged or imposed for entrance into, or use of, any federally owned area operated and maintained by a Federal agency and used for outdoor recreation purposes, except as provided for by this Act.''. SEC. 3. CHALLENGE COST-SHARE AGREEMENTS. (a) Agreements.--The Secretary of the Interior is authorized to negotiate and enter into challenge cost-share agreements with cooperators. For purposes of this section-- (1) The term ``challenge cost-share agreement'' means any agreement entered into between the Secretary and any cooperator for the purpose of sharing costs or services in carrying out any authorized functions and responsibilities of the Secretary with respect to any unit of the national park system (as defined in section 2(a) of the Act of August 8, 1953 (16 U.S.C. 1b-1c)), any affiliated area, or any designated national scenic or historic trail. (2) The term ``cooperator'' means any State or local government, public or private agency, organization, institution, corporation, individual, or other entity. (b) Use of Federal Funds.--In carrying out challenge cost-share agreements, the Secretary is authorized, subject to appropriation, to provide the Federal funding share from any funds available to the National Park Service. SEC. 4. COST RECOVERY FOR DAMAGE TO NATIONAL PARK RESOURCES. Notwithstanding any other provision of law, any funds payable to United States as restitution on account of damage to national park resources or property shall be paid to the Secretary of the Interior. Any such funds, and any other funds received as a result of forfeiture, compromise, or settlement on account of damage to national park resources or property shall be credited to the appropriation account for the national park system unit concerned and shall be available, without further appropriation, for expenditure by the Secretary, without regard to fiscal year limitation, to improve, protect, or rehabilitate any park resources or property which have been damaged by the action of a permittee or any unauthorized person.

Summary: National Park Service Entrepreneurial Management Reform Act of 1994 - Amends the Land and Water Conservation Fund Act of 1965 to increase fees for admission to units of the National Park System (NPS) and other specified areas. Makes receipts from admission available, subject to appropriation, for authorized resource protection, rehabilitation, and conservation projects. (Sec. 2) Requires the Secretary of the Interior to establish a pilot project at Yosemite National Park that utilizes incentives, including waiving or reducing admission fees, to encourage use of public transit which serves the purpose of reducing vehicular traffic within such park. Revises provisions regarding the issuance of lifetime admission permits, including a limitation that such a permit entitles only the permittee and the accompanying spouse to free admission. Directs the Secretary to report to the Congress respecting areas where the Secretary determines that admission fees would be appropriate but where such fees are prohibited by law, and areas where such fees are authorized but not being collected. Increases the penalty for violations of rules and regulations regarding admission and special recreation use fees. Modifies provisions regarding the use of fees collected. Requires that specified receipts be covered into a special National Park Renewal Fund. Makes such funds available for resource protection, research, interpretation, and maintenance activities related to resource protection and visitor enjoyment in areas managed by the National Park Service. Repeals a requirement that qualified public or private entities selling annual admission permits reimburse the United States for the full amount to be received from the sale of such permits when or before the agency delivers the permits to such entity for sale. Directs the Secretary to establish reasonable fees for nonrecreational uses of NPS units that require special arrangements. Prohibits charging an admission or recreation use fee for entrance into, or use of, any federally owned area operated and maintained by a Federal agency which is used for outdoor recreation purposes, except as provided for by such Act. (Sec. 3) Authorizes the Secretary to: (1) negotiate and enter into agreements with State or local governments, individuals, or other entities for the purpose of sharing costs or services in carrying out authorized functions and responsibilities of the Secretary with respect to NPS units; and (2) provide, subject to appropriation, the Federal funding share from any funds available to the National Park Service in carrying out such agreements. (Sec. 4) Requires any funds payable to the United States as restitution for damages to national park resources or property to be paid to the Secretary and made available for improvement, protection, or rehabilitation of damaged resources or property.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Balanced Trade Act of 2006''. SEC. 2. FINDINGS OF CONGRESS. Congress makes the following findings: (1) Since 1997, the United States current account deficit, the broadest measure of United States international trade, has grown substantially, both absolutely and relative to gross domestic product (GDP), increasing from $140,400,000,000 in 1997 (1.7 percent of GDP) to $791,000,000,000 in 2005 (6.3 percent of GDP). (2) Strong manufacturing and agricultural sectors are important to nurturing and sustaining the health and security of the Nation's economy. The persistent current account deficit weakens United States manufacturing and agriculture and causes the loss of United States jobs. It can be estimated that the 2005 merchandise trade deficit cost the United States up to 15,000,000 jobs. (3) The direction and trend of the current account deficit is unsustainable in the long run and needs immediate corrective action. (4) It is critical to the Nation's economic future that the current account deficit be addressed by adopting statutory changes that will eliminate some of the causes of the trade deficit and will begin to move the Nation to a positive trade balance. SEC. 3. MANDATORY PRESIDENTIAL ACTION WHENEVER THE UNITED STATES CURRENT ACCOUNT DEFICIT EXCEEDS 2 PERCENT OF THE UNITED STATES GROSS DOMESTIC PRODUCT. Section 122 of the Trade Act of 1974 (19 U.S.C. 2132) is amended-- (1) by redesignating subsections (c) through (h) as (d) through (i), respectively; and (2) by inserting after subsection (b) the following new subsection (c): ``(c) Mandatory Presidential Proclamation of Temporary Import Surcharge Whenever the United States Current Account Deficit Exceeds 2 Percent of the Gross Domestic Product.-- ``(1) In general.--Notwithstanding the provisions of subsections (a) and (b), whenever there is a United States current account deficit that exceeds 2 percent of the gross domestic product, then-- ``(A) for purposes of subsection (a), the President shall determine that fundamental international payments problems do exist that require special import measures to restrict imports; and ``(B) within 30 days after making that determination, the President shall proclaim, for the period described in paragraph (2), a temporary import surcharge under this subsection in the form of duties (in addition to those already imposed, if any) on articles imported into the United States. ``(2) Period of surcharge.--The period of the surcharge proclaimed under this subsection is the period beginning on the date on which the surcharge is proclaimed and ending on the date on which there is not a United States current account deficit, or there is a United States current account deficit that does not exceed 1 percent of the gross domestic product. ``(3) Amount of surcharge.-- ``(A) Minimum.--The amount of the surcharge proclaimed under this subsection shall be not less than 20 percent ad valorem. ``(B) Adjustment to ensure period of not more than 24 months.--Subject to subparagraph (A), the amount of the surcharge shall be adequate to ensure that the period in which the surcharge applies (as described in paragraph (2)) is not more than 24 months. Whenever the President determines that the amount of the surcharge is inadequate to ensure that the period in which the surcharge applies is not more than 24 months, the President shall increase the amount by at least 1 percent. ``(4) Data used in making determinations.--Each determination under this subsection shall be made using the most recently available information for a 1-year period compiled by the Bureau of Economic Analysis of the Department of Commerce. ``(5) Exceptions.-- ``(A) Country exemptions.--Subsection (e)(2) applies to a surcharge proclaimed under this subsection to the same extent that it applies to an import restricting action proclaimed pursuant to subsection (a). ``(B) Product exceptions.--Subsection (f) applies to a surcharge proclaimed under this subsection to the same extent that it applies to an import restricting action proclaimed pursuant to subsection (a).''.

Summary: Balanced Trade Act of 2006 - Amends the Trade Act of 1974 to require the President whenever there is a trade deficit that exceeds 2% of the gross domestic product (GDP) to: (1) restrict imports; and (2) proclaim, for a determined period, a temporary import surcharge of not less than 20% ad valorem on articles imported into the United States. (Currently, the President has the authority to temporarily impose import surcharges (not to exceed 15% ad valorem) and import restrictions on articles in certain situations of fundamental international payments problems.)


SECTION 1. SHORT TITLE. This Act may be cited as the ``Iran Intelligence Oversight Act''. SEC. 2. INTELLIGENCE ON IRAN. (a) Submittal to Congress of Updated National Intelligence Estimate on Iran.-- (1) Submittal required.--As soon as is practicable, but not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to Congress an updated National Intelligence Estimate on Iran. (2) Notice regarding submittal.--If the Director determines that the National Intelligence Estimate required by paragraph (1) cannot be submitted by the date specified in that paragraph, the Director shall submit to Congress a report setting forth-- (A) the reasons why the National Intelligence Estimate cannot be submitted by such date; and (B) an estimated date for the submittal of the National Intelligence Estimate. (3) Form.--The National Intelligence Estimate under paragraph (1) shall be submitted in classified form. Consistent with the protection of intelligence sources and methods, an unclassified summary of the key judgments of the National Intelligence Estimate should be submitted. (4) Elements.--The National Intelligence Estimate submitted under paragraph (1) shall address the following: (A) The foreign policy and regime objectives of Iran. (B) The current status of the nuclear programs of Iran, including-- (i) an assessment of the current and projected capabilities of Iran to design a nuclear weapon, to produce plutonium, enriched uranium, and other weapons materials, to build a nuclear weapon, and to deploy a nuclear weapon; and (ii) an assessment of the intentions of Iran regarding possible development of nuclear weapons, the motivations underlying such intentions, and the factors that might influence changes in such intentions. (C) The military and defense capabilities of Iran, including any non-nuclear weapons of mass destruction programs and related delivery systems. (D) The relationship of Iran with terrorist organizations, the use by Iran of terrorist organizations in furtherance of its foreign policy objectives, and the factors that might cause Iran to reduce or end such relationships. (E) The prospects for support from the international community for various potential courses of action with respect to Iran, including diplomacy, sanctions, and military action. (F) The anticipated reaction of Iran to the courses of action set forth under subparagraph (E), including an identification of the course or courses of action most likely to successfully influence Iran in terminating or moderating its policies of concern. (G) The level of popular and elite support within Iran for the Iran regime, and for its civil nuclear program, nuclear weapons ambitions, and other policies, and the prospects for reform and political change within Iran. (H) The views among the populace and elites of Iran with respect to the United States, including views on direct discussions with or normalization of relations with the United States. (I) The views among the populace and elites of Iran with respect to other key countries involved in nuclear diplomacy with Iran. (J) The likely effects and consequences of any military action against the nuclear programs or other regime interests of Iran. (K) The confidence level of key judgments in the National Intelligence Estimate, the quality of the sources of intelligence on Iran, the nature and scope of any gaps in intelligence on Iran, and any significant alternative views on the matters contained in the National Intelligence Estimate. (b) Presidential Report on Policy Objectives and United States Strategy Regarding Iran.-- (1) Report required.--As soon as is practicable, but not later than 90 days after the date of the enactment of this Act, the President shall submit to Congress a report on the following: (A) The objectives of United States policy on Iran. (B) The strategy for achieving such objectives. (2) Form.--The report under paragraph (1) shall be submitted in unclassified form with a classified annex, as appropriate. (3) Elements.--The report submitted under paragraph (1) shall-- (A) address the role of diplomacy, incentives, sanctions, other punitive measures and incentives, and other programs and activities relating to Iran for which funds are provided by Congress; and (B) summarize United States contingency planning regarding the range of possible United States military actions in support of United States policy objectives with respect to Iran. (c) Director of National Intelligence Report on Process for Vetting and Clearing Administration Officials' Statements Drawn From Intelligence.-- (1) Report required.--As soon as is practicable, but not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to Congress a report on the process for vetting and clearing statements of Administration officials that are drawn from or rely upon intelligence. (2) Elements.--The report shall-- (A) describe current policies and practices of the Office of the Director of National Intelligence and the intelligence community for-- (i) vetting and clearing statements of senior Administration officials that are drawn from or rely upon intelligence; and (ii) how significant misstatements of intelligence that may occur in public statements of senior public officials are identified, brought to the attention of any such officials, and corrected; (B) assess the sufficiency and adequacy of such policies and practices; and (C) include any recommendations that the Director considers appropriate to improve such policies and practices.

Summary: Iran Intelligence Oversight Act - Requires the Director of National Intelligence, within 90 days after the enactment of this Act, to submit to Congress an updated National Intelligence Estimate on Iran. Directs, within the same time frame: (1) the President to report on the objectives of U.S. policy on Iran, as well as the strategy for achieving such objectives; and (2) the Director to report on the process for vetting and clearing statements of Administration officials that are drawn from or rely upon intelligence.


SECTION 1. SHORT TITLE. This Act may be cited as the ``American Dream Tax Fairness Equity Act of 1997''. SEC. 2. REDUCTION OF MAXIMUM CAPITAL GAINS RATE FOR INDIVIDUALS TO 15 PERCENT WITH RESPECT TO ASSETS HELD FOR MORE THAN 3 YEARS. (a) In General.--Subsection (h) of section 1 of the Internal Revenue Code of 1986 (relating to tax imposed) is amended to read as follows: ``(h) Maximum Capital Gains Rate.-- ``(1) In general.--If a taxpayer has a net capital gain for any taxable year, then the tax imposed by this section shall not exceed the sum of-- ``(A) a tax computed at the rates and in the same manner as if this subsection had not been enacted on the greater of-- ``(i) taxable income reduced by the amount of the net capital gain, or ``(ii) the amount of taxable income taxed at a rate below 28 percent, ``(B) 15 percent of qualified 3-year capital gain (to the extent not taken into account under subparagraph (A)), and ``(C) 28 percent of the excess (if any) of taxable income over the amounts taken into account under subparagraphs (A) and (B). ``(2) Qualified 3-year capital gain.--For purposes of this subsection, the term `qualified 3-year capital gain' means the lesser of-- ``(A) net long-term capital gain for the taxable year, determined by substituting `held for more than 3 years' for `held for more than 1 year' in paragraphs (3) and (4) of section 1222, or ``(B) net capital gain for such taxable year. ``(3) Coordination with investment income election.--For purposes of this subsection, the net capital gain for any taxable year shall be reduced (but not below zero) by the amount which the taxpayer elects to take into account as investment income for the taxable year under section 163(d)(4)(B)(iii).'' (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 1997. SEC. 2. REPLACEMENT OF ESTATE AND GIFT TAX RATE SCHEDULES. (a) Estate Tax Rate Schedule Replaced by 15 and 28 Percent Tax Rates.-- (1) In general.--Subsection (b) of section 2001 of the Internal Revenue Code of 1986 (relating to imposition and rate of tax) is amended to read as follows: ``(b) Computation of Tax.--The amount imposed by this section shall be-- ``(1) 15 percent of all qualified 3-year capital gain (within the meaning of section 1(h)) included in the taxable estate, and ``(2) 28 percent of all capital gain (other than such qualified 3-year capital gain) included in the taxable estate, determined as if all property included in the taxable estate had been sold for its fair market value on the date of the decedent's death (or the date applicable with respect to the valuation of such property under section 2032, if any).'' (2) Repeal of rate schedule.--Section 2001 of such Code is amended by striking subsection (c). (3) Conforming amendments.--Section 2001 of such Code is amended by striking subsections (d) and (e). (b) Reduction of Gift Tax.--Subsection (a) of section 2502 of such Code is amended to read as follows: ``(a) Computation of Tax.--The tax imposed by section 2501 for each calendar year shall be-- ``(1) 15 percent of all qualified 3-year capital gain (as defined in section 1(h)) contained in the taxable gifts made during such year, and ``(2) 28 percent of all capital gain (other than such qualified 3-year capital gain) contained in such taxable gifts, determined, with respect to each such gift, as if all property contained in such gift had been sold by the grantor for its fair market value on the date of such gift.'' (c) Unified Credit Against Estate and Gift Taxes.-- (1) Unified credit against estate tax.--Subsection (a) of section 2010 of such Code (relating to unified credit against estate tax) is amended to read as follows: ``(a) Allowance of credit.-- ``(1) General rule.--A credit of the amount determined under paragraph (2) shall be allowed to the estate of every decedent against the tax imposed by section 2001. ``(2) Amount of credit.--The amount determined under this paragraph is the amount equal to the sum of-- ``(A) the tax imposed under section 2001(b)(2) (to the extent that such tax is imposed on so much of the imputed capital gains amount as does not exceed $600,000), and ``(B) the tax imposed under section 2001(b)(1) on the excess (if any) of-- ``(i) so much of the imputed capital gains amount as does not exceed $600,000, over ``(ii) the portion of the imputed capital gains amount taken into account under subparagraph (A). ``(3) Imputed capital gains amount.--For purposes of this subsection, the term `imputed capital gains amount' means the aggregate amount to which the rates of section 2001(b) apply. ``(4) Coordination with unified credit used to reduce gift tax.-- ``(A) In general.--The $600,000 amounts referred to in subparagraphs (A) and (B)(i) of paragraph (2) shall each be reduced by the cumulative gift tax credit amount. ``(B) Cumulative gift tax credit amount.--For purposes of this paragraph, the term `cumulative gift tax credit amount' means the sum of the capital gains gift amounts (as defined in section 2505(a)(3)) with respect to which a credit was allowed under section 2505 (relating to unified credit against gift tax), determined by not taking into account any gift included in the taxable estate.'' (2) Unified credit against gift tax.--Subsection (a) of section 2505 of such Code (relating to unified credit against gift tax) is amended to read as follows:- ``(a) Allowance of Credit.-- ``(1) General rule.--In the case of a citizen or resident of the United States, there shall be allowed as a credit against the tax imposed by section 2501 for each calendar year an amount equal to-- ``(A) the amount determined under paragraph (2), reduced by-- ``(B) the sum of the amounts allowable as a credit to the individual under this section for all preceding calendar periods with respect to gifts made before the gift tax change date, as determined under paragraph (4). ``(2) Amount.--The amount determined under this paragraph is the amount equal to the sum of-- ``(A) the tax imposed under section 2502(a)(2) for the year on the capital gains gift amount, and ``(B) the tax imposed under section 2502(a)(1) for the year on the excess (if any) of-- ``(i) the capital gains gift amount for the year, over ``(ii) the portion of such capital gains gift amount taken into account under subparagraph (A). ``(3) Capital gains gift amount.--For purposes of this subsection, the term `capital gains gift amount' means, for any year, the amount to which the rates of section 2502(b) apply with respect to such year, but not more than the excess (if any) of-- ``(A) $600,000, over ``(B) the sum of the capital gains gift amounts for all preceding years (determined without taking into account any gift made before the date of the enactment of this paragraph). ``(4) Gifts made before gift tax change date.-- ``(A) In general.--For purposes of paragraph (1)(B), the amount allowable as a credit to an individual under this section for a preceding calendar period with respect to any gift made before the gift tax change date shall be the amount which would have been allowable to the individual as a credit under this section with respect to such gift-- ``(i) if this section and section 2001(b), as in effect on the day after the date of the enactment of this paragraph, had been in effect for the year of such gift and all preceding calendar periods, and ``(ii) without regard to the parenthetical contained in paragraph (3)(B). ``(B) Gift made before gift tax change date.--For purposes of this section, the term `gift made before gift tax change date' means a gift made before the date of the enactment of this paragraph (other than a gift taken into account under subsection (b)).'' (3) Conforming amendment.--Subsection (b) of section 2502 of such Code is amended by adding at the end the following new flush sentence: ``In connection with the gift tax imposed by this chapter for the calendar year in which this sentence is enacted with respect to gifts made on or after the date of such enactment, the term `preceding calendar period' shall include the portion of such calendar year which precedes such date of enactment.'' (d) Estates of Nonresident Aliens.-- (1) Rate change.-- (A) In general.--Subsection (b) of section 2101 of such Code (relating to tax imposed on estates of nonresident aliens) is amended to read as follows: ``(b) Computation of Tax.--The tax imposed by this section shall be the amount equal to the tax computed under section 2001(b) (determined as if section 2001 applied to the decedent).'' (B) Conforming amendment.--Section 2101 of such Code is amended by striking subsection (c). (2) Credits against tax.--Section 2102 of such Code (relating to credits against estate tax for nonresidents not citizens) is amended by adding at the end the following new subsection: ``(d) Adjustment of Amounts To Reflect Unified Credit Changes.--The Secretary shall by regulation adjust the dollar amounts provided in this section to reflect, in a proportionate manner, the changes made to sections 2010 and 2505 on the date of the enactment of this subsection.'' (e) Effective Date.--The amendments made by this section shall apply to estates of decedents dying on or after, and gifts made on or after, the date of the enactment of this Act. SEC. 3. TAX ON TRUSTS WHEN GRANTOR DIES. (a) In General.--Subpart A of part I of subchapter J of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 646. ASSETS MARKED TO MARKET WHEN GRANTOR DIES. ``(a) In General.--For purposes of this title, on the death of any individual who has contributed property to a trust-- ``(1) the trust shall recognize gain or loss as if all property so contributed by the decedent which is contained in the trust were sold for its fair market value on the date of such death, ``(2) such gain or loss shall be taken into account for the taxable year of the trust in which such death occurs, and ``(3) proper adjustment shall be made in the amount of any gain or loss subsequently realized for gain or loss taken into account under paragraph (2). ``(b) Property Contributed by Partnership or Corporation.--For purposes of this section, the Secretary may by regulations provide that property contributed to a trust by a partnership or corporation shall be treated as contributed by the individual having a greater than 50 percent interest in such partnership or owning more than 50 percent of the stock of such corporation. For purposes of this subsection, rules similar to the rules of section 318 (relating to constructive ownership of stock) shall apply. ``(c) Proportionate Application.--If any property was contributed to a trust partially by the decedent and partially by another person, the portion of such property so contributed by the decedent shall be treated as a separate asset for purposes of this title and subsection (a) shall apply to such portion. ``(d) Coordination With Inclusion in Taxable Estate.--This section shall not apply to the portion of any trust which is included in the taxable estate of any individual.'' (b) Clerical Amendment.--The table of sections for subpart A of part I of subchapter J of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 646. Assets marked to market when grantor dies.'' (c) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply with respect to decedents dying on or after the date of the enactment of this Act. (2) Trusts containing property contributed by decedents dying before date of enactment.--For purposes of section 646 of the Internal Revenue Code of 1986 (as added by subsection (b)), any individual dying before the date of the enactment of this Act shall be treated as dying on the date of the enactment of this Act.

Summary: American Dream Tax Fairness Equity Act of 1997 - Amends the Internal Revenue Code to reduce the three-year capital gains rate to 15 percent. Revises provisions regulating the computation of estate and gift taxes and credits, basing the taxes and credits on capital gains. Requires a trust, on the death of any individual who contributed property to the trust, to recognize gain or loss as if that property was sold for its fair market value on the death date. Provides for the treatment of contributions by partnerships or corporations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``National Invasive Species Council Act''. SEC. 2. STATEMENT OF POLICY REGARDING FEDERAL DUTIES. (a) In General.--No Federal agency may authorize, fund, or carry out any action that would likely cause or promote the introduction or spread of an invasive species in the United States or any other location, unless the head of the Federal agency, at his or her sole discretion and pursuant to guidelines developed under subsection (b), determines that-- (1) the benefits of the action under consideration clearly outweigh the potential harm to the environment, economy, or human health caused by the introduction or spread of the invasive species; and (2) all feasible and prudent measures to minimize risk of harm to the environment, economy, or human health will be taken in carrying out the actions. (b) Guidelines.--The Council for Environmental Quality, in conjunction with the Invasive Species Council, shall develop guidelines for Federal agencies to analyze actions pursuant to this section. SEC. 3. NATIONAL INVASIVE SPECIES COUNCIL. (a) Establishment.--There is established as an independent entity within the executive branch the National Invasive Species Council. The Council shall provide leadership and coordination among Federal agencies, and between the Federal Government and State and local governments, with respect to effort to minimize the economic, ecological, and human health impacts that invasive species cause and reduce the threat of further invasions. (b) Membership.-- (1) In general.--The Council shall consist of the following members: (A) The Secretary of the Interior. (B) The Secretary of Agriculture. (C) The Secretary of Commerce. (D) The Secretary of State. (E) The Secretary of the Treasury. (F) The Secretary of Defense. (G) The Secretary of Transportation. (H) The Secretary of Health and Human Services. (I) The Administrator of the Environmental Protection Agency. (J) The Administrator of the United States Agency for International Development. (K) Such additional members as may be appointed under paragraph (2). (2) Additional members.--With the concurrence of a majority of the members of the Council, the Chair of the Council may appoint additional members to the Council from among individuals who are officers or employees of the Federal Government with significant responsibilities concerning invasive species. (c) Chair.--The Secretary of the Interior shall serve as chair of the Council for the three-year period beginning on the date of the enactment of this Act. Thereafter, the chair shall rotate every three years among the following members, in the order stated: (1) The Secretary of Agriculture. (2) The Secretary of Commerce. (3) The Secretary of the Interior. (d) Meetings.--The Council shall meet at least semiannually, at the call of chair. (e) Executive Director.-- (1) Appointment.--The President shall appoint the Executive Director of the Council, by and with the advice and consent of the Senate. (2) Consultation.--Before appointing an individual under paragraph (1), the President shall consult with the Secretary of the Interior, the Secretary of Agriculture, and the Secretary of Commerce. (3) Qualifications.--An individual appointed under this subsection must have legal or scientific experience and training in the area of natural resources, ecology, or agriculture, and experience in dealing with public policy matters regarding aquatic and terrestrial invasive species. (4) Term.--The Executive Director of the Council shall serve a term of six years, unless removed earlier by the President. (5) Compensation.--The Executive Director shall be paid at the maximum rate of basic pay for GS-15 of the General Schedule. SEC. 4. DUTIES. (a) In General.--The Council shall ensure that Federal agency efforts concerning invasive species are coordinated, effective, complementary, and cost-efficient. (b) Specific Functions.--To carry out subsection (a) the Council shall perform the following functions: (1) Coordinate with existing organizations addressing invasive species, such as the Aquatic Nuisance Species Task Force, the Federal Interagency Committee for the Management of Noxious and Exotic Weeds, regional panels established under the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4701 et seq.), and the White House Office of Science and Technology Policy, to implement the National Management Plan. (2) Develop recommendations for international cooperation between Federal and State Governments and other nations on tools, policies, and methods to prevent the introduction and export of invasive species into and from, respectively, the United States. (3) Develop guidelines for Federal agency efforts to ensure that Federal programs concerning invasive species, including outreach programs, are coordinated with State, local, and tribal governments. (4) Develop, in consultation with the Council on Environmental Quality, guidance to Federal agencies pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) on prevention, control, and eradication of invasive species. (5) Establish and maintain a publicly accessible, coordinated, up-to-date information sharing system that-- (A) allows the access to and exchange of information among Federal agencies and the public; and (B) utilizes, to the greatest extent practicable, the Internet. (6) Ensure that Federal agencies implement the plans, programs, and policies adopted by the Council in the National Management Plan through appropriate actions, including working in cooperation with Federal agencies on development of budgets pursuant to the President's annual budget submission to the Congress. (7) Evaluate Federal programs that are likely to cause or promote the introduction or spread of invasive species in the United States, and recommend actions Federal agencies can take to minimize the risk of introductions or further spread of invasive species. (8) Develop and submit to the appropriate Committees of the House of Representatives and Senate and the Director of the Office of Management and Budget an annual list of priorities, ranked in high, medium, and low categories, of Federal efforts and programs in the following areas: (A) Prevention. (B) Eradication. (C) Control. (D) Monitoring. (E) Research. (F) Outreach. SEC. 5. NATIONAL INVASIVE SPECIES MANAGEMENT PLAN. (a) Development.-- (1) In general.--The Council shall develop a National Invasive Species Management Plan that details and recommends performance-oriented goals and specific measures of success for carrying out each of the Federal agency activities related to invasive species. (2) Development process.--The National Management Plan shall be developed through a public process and in consultation with Federal agencies, appropriate State and local entities, and other appropriate stakeholders. (3) Contents.--The National Management Plan shall include recommendations of effective, cost-efficient, environmentally sound, and science-based approaches for the following: (A) Prevention of the introduction of invasive species, including approaches for identifying pathways by which invasive species are introduced and for minimizing the risk of introductions via those pathways. Recommended approaches under this subparagraph shall provide for-- (i) a process to evaluate risks associated with the introduction and spread of invasive species; and (ii) a coordinated and systematic risk- based process to identify, monitor, and interdict pathways that may be involved in the introduction of invasive species. (B) Cooperating with other nations to increase their capacity to control their invasive species and to prevent the spread of invasive species across international borders. (C) Rapidly detecting and responding to incipient invasions of invasive species. (D) Managing new and established populations of invasive species by eradicating them or controlling their spread. (E) Accurately and reliably monitoring new and established populations of invasive species. (F) Restoring native species and habitat conditions in ecosystems that have been invaded by invasive species. (G) Evaluating and documenting the impacts of invasive species on the economy, the environment, and human health. (H) Conducting research on the matters referred to in subparagraphs (A) through (F). (I) Developing technologies to prevent the introduction and provide for the management of invasive species. (J) Promoting public education on invasive species and the means to address them. (4) Identification of needed personnel, etc.--The National Management Plan shall identify the personnel, other resources, and additional levels of coordination needed to achieve the goals included in the plan. (b) Existing Plan.--The Management Plan of the National Invasive Species Council adopted in 2001 shall be treated as the National Management Plan required under subsection (a) until the date of the issuance of the National Management plan in accordance with subsection (c). (c) Issuance and Update of National Management Plan.--The Council shall-- (1) issue the National Management Plan required under subsection (a) by not later than December 31, 2003; (2) update the National Management Plan by not later than December 31 biennially; and (3) concurrently with the process of updating the National Management Plan, evaluate and report to the Congress on success in achieving the goals set forth in the National Management Plan. (d) Agency Reports.--Within 18 months after the date of the issuance of any edition of the National Management Plan that recommends action by a Federal agency, the head of such agency shall report to the Congress any of such actions that the agency has not taken, with an explanation of why the action is not feasible. SEC. 6. INVASIVE SPECIES ADVISORY COMMITTEE. (a) In General.--The Council shall have an advisory committee to provide information and advice for consideration by the Council, which shall be known as the Invasive Species Advisory Committee. Except as otherwise provided in this section, the advisory committee shall be organized, perform the functions, and have the authorities specified in the charter for such advisory committee signed by the Secretary of the Interior on October 30, 2001. (b) Appointment.--Members of the advisory committee shall be appointed by the chair of the Council, after consultation with the other members of the Council, from among individuals representing stakeholders with respect to Federal programs for minimizing the economic, ecological, and human health impacts that invasive species cause. (c) Functions.--In addition to the functions specified in the charter referred to in subsection (a), the advisory committee shall recommend to the Council plans and actions at local, tribal, State, regional, and ecosystem-based levels to achieve the goals of the National Management Plan required under section 5. (d) Continuing Operation of Existing Committee.--Any advisory committee appointed before the date of the enactment of this Act pursuant to the charter referred to in subsection (a) may continue in effect under this section. SEC. 7. BUDGET CROSSCUT. The Director of the Office of Management and Budget shall prepare and submit to the Congress and the Council, by not later than March 31 of 2003 and of each year thereafter, a budget analysis and summary of all Federal programs relating to invasive species SEC. 8. DEFINITIONS. In this Act: (1) Council.--The term ``Council'' means the National Invasive Species Council established by section 3(a). (2) Invasive species.--The term ``invasive species'' means a species-- (A) that is nonnative to the ecosystem under consideration; and (B) the introduction of which causes or may cause harm to the economy, the environment, or human health. (3) National management plan.--The term ``National Management Plan'' means the National Invasive Species Management Plan developed by the Council under section 5(a). (4) Species.--The term ``species'' means a category of taxonomic classification ranking below a genus or subgenus and consisting of related organisms capable of interbreeding. SEC. 9. EXISTING EXECUTIVE ORDER. Executive Order 13112, dated February 3, 1999, shall have no force or effect. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $2,000,000 for each of fiscal years 2004 through 2006.

Summary: National Invasive Species Council Act - Declares that no Federal agency may authorize, fund, or carry out any action that would likely cause or promote the introduction or spread of an invasive species in the United States or any other location, unless the agency head determines that: (1) the benefits outweigh the potential harm to the environment, economy, or human health; and (2) all feasible and prudent measures to minimize the risk or harm will be taken. Requires the Council for Environmental Quality, in conjunction with the National Invasive Species Council, to develop guidelines for such measures.Establishes within the executive branch the National Invasive Species Council to ensure that Federal agency efforts concerning invasive species are coordinated, effective, complementary, and cost-efficient.Requires the Council to develop a National Invasive Species Management Plan that details and recommends performance-oriented goals.Requires the Council to create the Invasive Species Advisory Committee to provide information and advice for consideration by the Council.Requires the Director of the Office of Management and Budget to prepare and submit to Congress and the Council a yearly budget analysis and summary of all Federal programs relating to invasive species.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Accounting for Intangibles Reexamination (FAIR) Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of the Congress that, prior to changing existing rules of accounting for business combinations and intangible assets, the Securities and Exchange Commission and the Financial Accounting Standards Board should undertake a comprehensive reexamination of the appropriate methods of accounting for purchased and internally generated intangibles including goodwill, and should await the results of related studies of these issues. SEC. 3. MORATORIUM ON ELIMINATION OF POOLING OF INTERESTS METHOD OF ACCOUNTING. (a) Continued Validity of Method.--Notwithstanding any other provision of law, for purposes of any financial statement, report, or other document required under any of the securities laws, the availability and use of the pooling of interests method of accounting for any business combination shall be determined in accordance with generally accepted accounting principles as in effect on October 1, 2000 . (b) Duration of Moratorium.--This section shall take effect upon the date of the enactment of this Act and shall remain in effect until 90 days after the date of the submission of the report required by section 4(e). SEC. 4. FURTHER STUDY. (a) Establishment.--There is established a commission to be known as the Commission on Financial Accounting for Intangibles (referred to in this section as the ``Commission''). (b) Duties.--The Commission shall-- (1) consider the general usefulness of financial statements prepared under generally accepted accounting principles in light of recent trends in the securities markets; (2) consider the impact that shortcomings in generally accepted accounting principles have on securities market volatility, capital allocation, and the investment of retirement fund assets, both individual and institutional; (3) consider methods to better identify, value, and account for purchased and internally generated intangible assets; (4) examine the general questions surrounding the role of intangible assets in financial reporting in the economy; and (5) consider the economic impact that would result if the pooling of interests method of accounting for business combinations were eliminated. (c) Membership.-- (1) Number and appointment.-- (A) The Commission shall be composed of 10 individuals, of which-- (i) 3 shall be appointed by the majority leader of the Senate; (ii) 2 shall be appointed by the minority leader of the Senate; (iii) 3 shall be appointed by the Speaker of the House of Representatives; and (iv) 2 shall be appointed by the minority leader of the House of Representatives. (B) From the 10 commissioners appointed, a chairman shall be selected jointly by the majority leader of the Senate and the Speaker of the House of Representatives. (2) Qualifications for membership.-- (A) Of the members appointed under paragraph (1)(A), 4 shall come from the accounting profession. (B) The remainder of such members shall be experts capable of carrying out the duties described in this section. (3) Deadline for appointment.--All members of the Commission shall be appointed by no later than December 31, 2000. (4) Terms of appointment.--The term of an appointment to the Commission shall be for the life of the Commission. (5) Vacancy.-- (A) A vacancy on the Commission shall be filled, not more than 30 days after notice of the vacancy is given to the Commission, in the same manner in which the original members were selected. (B) A vacancy shall not affect the power of the remaining members to execute the duties of the Commission. (d) Procedure.-- (1) Meetings.--The Commission shall meet at the call of its chairman or a majority of its members. (2) Quorum.--A quorum shall consist of 7 members of the Commission. (e) Report.--Not later than 9 months after the date of the enactment of this Act, the Commission shall submit a report to the President and Congress which shall contain a detailed statement of the Commission's recommendations, findings, and conclusions, and may contain minority or individual member's views. (f) Termination.--The Commission shall terminate not more than 30 days after the date of submission of the report required in subsection (e). SEC. 5. DEFINITIONS. For purposes of this Act: (1) Pooling of interests.--The term ``pooling of interests'' refers to the method of accounting for business combinations described in the Federal Accounting Standards Board's APB Opinion Number 16, Business Combinations, as in effect on October 1, 2000. (2) Securities laws.--The term ``securities laws'' has the meaning given such term in section 3(a)(47) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(47)).

Summary: States that the availability and use of the pooling of interests method of accounting for any business combination shall be determined in accordance with generally accepted accounting principles in effect on October 1, 2000. Establishes the Commission on Financial Accounting for Intangibles to consider specified aspects of: (1) generally accepted accounting principles; (2) intangible assets; and (3) the pooling of interests method of accounting for business combinations. Instructs the Commission to report its recommendations and conclusions to the President and Congress.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Immigration Backlog Reduction Act of 2011''. SEC. 2. EXPEDITED REMOVAL OF INADMISSIBLE ARRIVING ALIENS. Section 235(b)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(A)) is amended by striking clauses (i) through (iii) and inserting the following: ``(i) In general.--If an immigration officer determines that an alien (other than an alien described in subparagraph (F)) who is arriving in the United States, or who has not been admitted or paroled into the United States and has not been physically present in the United States continuously for the 4-year period immediately prior to the date of the determination of inadmissibility under this paragraph, is inadmissible under section 212(a)(6)(C) or 212(a)(7), the officer shall order the alien removed from the United States without further hearing or review, unless-- ``(I) the alien has been charged with a crime; ``(II) the Secretary determines that the alien presents a significant risk to national security; or ``(III) the alien indicates an intention to apply for asylum under section 208 or a credible fear of persecution and the officer determines that the alien has been physically present in the United States for less than 1 year. ``(ii) Claims for asylum.--If an immigration officer determines that an alien (other than an alien described in subparagraph (F)) who is arriving in the United States, or who has not been admitted or paroled into the United States and has not been physically present in the United States continuously for the 4-year period immediately prior to the date of the determination of inadmissibility under this paragraph, is inadmissible under section 212(a)(6)(C) or 212(a)(7), and the alien indicates either an intention to apply for asylum under section 208 or a credible fear of persecution, the officer shall refer the alien for an interview by an asylum officer under subparagraph (B) if the officer determines that the alien has been physically present in the United States for less than 1 year.''. SEC. 3. EXPEDITED REMOVAL OF CRIMINAL ALIENS. (a) In General.--Section 238 of the Immigration and Nationality Act (8 U.S.C. 1228) is amended-- (1) by amending the section heading to read as follows: ``expedited removal of criminal aliens''; (2) in subsection (a), by amending the subsection heading to read as follows: ``Expedited Removal From Correctional Facilities''; (3) in subsection (b), by amending the subsection heading to read as follows: ``Removal of Criminal Aliens''; (4) in subsection (b), by striking paragraphs (1) and (2) and inserting the following: ``(1) The Secretary of Homeland Security may, in the case of an alien described in paragraph (2), determine the deportability of such alien and issue an order of removal pursuant to the procedures set forth in this subsection or section 240. ``(2) An alien is described in this paragraph if the alien, whether or not admitted into the United States-- ``(A) was convicted of any criminal offense described in subparagraph (A)(iii), (C), or (D) of section 237(a)(2); and ``(B) at the time of the commission of the offense of which that alien was convicted, that alien was-- ``(i) not lawfully admitted for permanent residence; or ``(ii) had permanent resident status on a conditional basis (as described in section 216).''; (5) in the first subsection (c) (relating to presumption of deportability), by striking ``convicted of an aggravated felony'' and inserting ``described in paragraph (b)(2)''; and (6) by redesignating the second subsection (c) (relating to judicial removal) as subsection (d). (b) Limit on Injunctive Relief.--Section 242(f)(2) of such Act (8 U.S.C. 1252(f)(2)) is amended by inserting ``or stay, whether temporarily or otherwise,'' after ``enjoin''.

Summary: Immigration Backlog Reduction Act of 2011 - Amends the Immigration and Nationality Act to set forth provisions regarding the expedited removal of: (1) inadmissible arriving aliens, and (2) criminal aliens.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Mortgage E-Verify Act of 2010''. SEC. 2. VERIFICATION UNDER E-VERIFICATION PROGRAM. (a) Fannie Mae.--Subsection (b) of section 302 of the Federal National Mortgage Association Charter Act (12 U.S.C. 1717(b)) is amended by adding at the end the following new paragraph: ``(7)(A) Notwithstanding any other provision of law, the corporation may not-- ``(i) refinance, restructure, or modify, or otherwise authorize or enter into any agreement for the refinancing, restructuring, or modification of any single-family housing mortgage that is held by or that backs any security issued by the corporation, or ``(ii) purchase, or issue any security that is backed by, any single-family housing mortgage made for the refinancing, restructuring, or modification of the mortgagor's previous single-family housing mortgage on the same property, unless the identity and work eligibility of the mortgagor under such mortgage has been confirmed by an inquiry under subparagraph (B). ``(B) An inquiry under this subparagraph is an inquiry made through the basic pilot program under section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note; commonly referred to as the E-Verify program). Notwithstanding any other provision of law, lenders for single-family housing mortgages and the corporation may submit such inquiries regarding the identities and work eligibility of mortgagors under such mortgages, and may be provided confirmations and nonconfirmations pursuant to such inquiries, under such basic pilot program. ``(C) For purposes of this paragraph, the term `single-family housing mortgage' means a mortgage that is secured by a 1- to 4-family residence.''. (b) Freddie Mac.--Subsection (a) of section 305 of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)) is amended by adding at the end the following new paragraph: ``(6)(A) Notwithstanding any other provision of law, the Corporation may not-- ``(i) refinance, restructure, or modify, or otherwise authorize or enter into any agreement for the refinancing, restructuring, or modification of any single-family housing mortgage that is held by or that backs any security issued by the Corporation, or ``(ii) purchase, or issue any security that is backed by, any single-family housing mortgage made for the refinancing, restructuring, or modification of the mortgagor's previous single-family housing mortgage on the same property, unless the identity and work eligibility of the mortgagor under such mortgage has been confirmed by an inquiry under subparagraph (B) ``(B) An inquiry under this subparagraph is an inquiry made through the basic pilot program under section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note; commonly referred to as the E-Verify program). Notwithstanding any other provision of law, lenders for single-family housing mortgages and the Corporation may submit such inquiries regarding the identities and work eligibility of mortgagors under such mortgages, and may be provided confirmations and nonconfirmations pursuant to such inquiries, under such basic pilot program. ``(C) For purposes of this paragraph, the term `single-family housing mortgage' means a mortgage that is secured by a 1- to 4-family residence.''. (c) FHA.--Title II of the National Housing Act (12 U.S.C. 1707 et seq.) is amended by adding at the end the following new section: ``SEC. 543. E-VERIFICATION REQUIREMENT FOR MODIFICATION OF MORTGAGES. ``(a) Prohibition.--Notwithstanding any other provision of law, the Secretary may not-- ``(1) authorize or enter into any agreement for the refinancing, restructuring, or modification of any single- family housing mortgage that is insured by the Secretary under this Act, or ``(2) insure any single-family housing mortgage made for the refinancing, restructuring, or modification of the mortgagor's previous single-family housing mortgage on the same property, unless the identity and work eligibility of the mortgagor under such mortgage has been confirmed by an inquiry under subsection (b). ``(b) E-Verify Inquiries.--An inquiry under this subsection is an inquiry made through the basic pilot program under section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note; commonly referred to as the E-Verify program). Notwithstanding any other provision of law, lenders for single-family housing mortgages and the Secretary may submit such inquiries regarding the identities and work eligibility of mortgagors under such mortgages, and may be provided confirmations and nonconfirmations pursuant to such inquiries, under such basic pilot program. ``(c) Single-Family Housing Mortgage.--For purposes of this paragraph, the term `single-family housing mortgage' means a mortgage that is secured by a 1- to 4-family residence.''.

Summary: Mortgage E-Verify Act of 2010 - Amends the Federal National Mortgage Association Charter Act and the Federal Home Loan Mortgage Corporation Act to require the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation Act (Freddie Mac) to confirm the identity and work eligibility of the mortgagor as a prerequisite to: (1) any refinancing, restructuring, or modification agreement governing a single-family housing mortgage that is held by, or that backs any security issued by, either Fannie Mae or Freddie Mac; or (2) any purchase of, or issuance of any security that is backed by, any single-family housing mortgage made for the refinancing, restructuring, or modification of the mortgagor's previous single-family housing mortgage on the same property. Identifies the required inquiry as one made through the basic pilot E-Verify program under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. Amends the National Housing Act to require the Secretary of Housing and Urban Development (HUD) to use the E-Verify program to confirm the identity and work eligibility of the mortgagor as a prerequisite to single-family housing mortgage insurance issued under the Act.