SECTION 1. SHORT TITLE. This Act may be cited as the ``Hunt Unrestricted on National Treasures Act'' or the ``HUNT Act''. SEC. 2. REPORT ON PUBLIC ACCESS AND EGRESS TO FEDERAL PUBLIC LAND. (a) Report.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, each head of a Federal public land management agency shall make available to the public on the Web site of the agency a report that includes-- (1) a list of the location and acreage of lands more than 640 acres in size under the jurisdiction of such agency on which the public is allowed under Federal or State law to hunt, fish, or to use such lands for other recreational purposes-- (A) to which there is no public access or egress; or (B) to which public access or egress to the legal boundaries of such lands is significantly restricted (as determined by the head of such agency); (2) with respect to lands under the jurisdiction of the agency that are described in paragraph (1), a list of the lands that the head of such agency determines have significant potential for use for hunting, fishing, and other recreational purposes; and (3) with respect to lands under the jurisdiction of the agency listed under paragraph (2), a plan developed by the agency that-- (A) identifies how public access and egress could reasonably be provided to the legal boundaries of such lands in a manner that minimizes the impact on wildlife habitat and water quality; (B) specifies the actions recommended to secure such access and egress, including acquiring an easement, right-of-way, or fee title from a willing owner of lands abutting such lands or the need to coordinate with State land management agencies or other Federal or State governmental entities to allow for such access and egress; and (C) is consistent with the travel management plan in effect on such lands. (b) List of Public Access Routes for Certain Lands.--Not later than one year after the date of the enactment of this Act, each head of a Federal public land management agency shall make available to the public on the Web site of the agency, and thereafter revise as the head of the agency determines is appropriate, a list of roads or trails that provide the primary public access and egress to the legal boundaries of contiguous parcels of land equal to more than 640 acres in size under the jurisdiction of such agency on which the public is allowed under Federal or State law to hunt, fish, or to use such lands for other recreational purposes. (c) Means of Public Access and Egress Included.--When considering public access and egress under subsections (a) and (b), the head of a Federal public land management agency shall consider public access and egress to the legal boundaries of lands described in such subsections, including access and egress-- (1) by motorized or non-motorized vehicles; and (2) on foot or horseback. (d) Definitions.--In this section: (1) The term ``Federal public land management agency'' means the National Park Service, the United States Fish and Wildlife Service, the Forest Service, and the Bureau of Land Management. (2) The term ``travel management plan'' means a plan for the management of travel-- (A) with respect to lands under the jurisdiction of the National Park Service, on park roads and designated routes under section 4.10 of title 36 of the Code of Federal Regulations (or successor regulation); (B) with respect to lands under the jurisdiction of the United States Fish and Wildlife Service, on such lands under a comprehensive conservation plan required under section 4(e) of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd(e)); (C) with respect to lands under the jurisdiction of the Forest Service, on National Forest System lands under part 212 of title 36 of the Code of Federal Regulations (or successor regulations); and (D) with respect to lands under the jurisdiction of the Bureau of Land Management, under a resource management plan developed under the Federal Land Policy and Management Act (43 U.S.C. 1701 et seq.). SEC. 3. FUNDS FOR PUBLIC ACCESS TO FEDERAL LAND FOR RECREATIONAL PURPOSES. Section 7(a)(1) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9) is amended by adding at the end the following: ``Recreational public access to federal land.--In an amount not less than 1.5 percent of such moneys, for projects that secure public access to Federal land for hunting, fishing, and other recreational purposes through easements, rights-of-way, or fee title acquisitions, from willing sellers.''.

Summary: Hunt Unrestricted on National Treasures Act or the HUNT Act - Requires each head of a federal public land management agency (the National Park Service, the U.S. Fish and Wildlife Service, the U.S. Forest Service, and the Bureau of Land Management [BLM]), to annually make available to the public on its website a report that includes: (1) a list of the lands more than 640 acres in size under its jurisdiction on which the public is allowed to hunt, fish, or use such lands for other recreational purposes and to which there is no public access or egress or to which such access or egress to the lands' legal boundaries is significantly restricted; (2) a list of such lands that the agency head determines have significant potential for use for hunting, fishing, and other recreational purposes; and (3) a plan to provide such access and egress that is consistent with the travel management plan in effect. Requires each agency head to make available to the public on the agency's website, and thereafter revise, a list of roads or trails that provide the primary public access and egress to the legal boundaries of contiguous parcels of land equal to more than 640 acres in size under the agency's jurisdiction on which the public is allowed to hunt, fish, or use such lands for other recreational purposes. Amends the Land and Water Conservation Fund Act of 1965 to require allotment from the Land and Water Conservation Fund of an amount not less than 1.5 % of the moneys appropriated for projects that secure public access to federal land for hunting, fishing, and other recreational purposes through easements, rights-of-way, or fee title acquisitions from willing sellers.


SECTION 1. SHORT TITLE. This Act may be cited as the ``SSI Outreach Act of 1993''. SEC. 2. STATEMENT OF FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) many individuals, including senior citizens, homeless individuals, children, and disabled individuals, face extraordinary difficulties in securing benefits under the Social Security Act, the Food Stamp Act of 1977, and other Federal programs, to which they are otherwise entitled; (2) without the benefits under such programs these individuals, lacking any resources, are unable to secure other vital necessities; (3) many barriers exist that prevent potentially eligible individuals from securing benefits under such programs, including-- (A) communication barriers such as illiteracy in English or a foreign language and sensory impairments; (B) disabilities which limit mobility and connections to social services organizations; (C) homelessness often coupled with mental illness, drug addiction, or alcoholism; (D) distrust or fear of government bureaucracy; (E) concern that eligibility will preclude future work attempts; (F) lack of transportation; (G) lack of access to a telephone; (H) lack of an understanding of how to contact Social Security Administration field offices; (I) lack of any connections to social service organizations; and (J) cognitive or other mental impairments which limit a person's ability to understand benefits, rights, or procedures. (b) Purpose.--It is the purpose of this Act to overcome the barriers to securing benefits under the Social Security Act and the Food Stamp Act of 1977 faced by many homeless individuals and other hard to reach populations by establishing an office in the Social Security Administration which will be responsible for coordinating outreach activities and services, including an outreach grant program. The grant program will help establish innovative approaches to identify individuals potentially eligible for such benefits and to aid such individuals in the application process for such benefits. SEC. 3. ESTABLISHMENT OF OFFICE OF OUTREACH COORDINATION. (a) In General.--The Secretary of Health and Human Services (hereafter referred to in this Act as the ``Secretary'') shall, within 180 days after the date of the enactment of this Act, establish within the Social Security Administration an Office of Outreach Coordination, to be administered by a Director of Outreach Coordination (hereafter in this section referred to as the ``Director'') who shall be appointed by the Commissioner of Social Security. (b) Duties of the Director.--The Director shall-- (1) administer the grant program established under section 4 and provide technical assistance to the entities receiving grants under such section; (2) formulate and provide information and technical assistance to Social Security Administration field offices regarding-- (A) outreach policies and methods; and (B) local outreach activities and services; and (3) implement the requirements of section 1635 of the Social Security Act. SEC. 4. GRANTS TO LOCAL GOVERNMENTS AND NONPROFIT ORGANIZATIONS FOR OUTREACH. (a) In General.--The Secretary shall, through the Office of Outreach Coordination in the Social Security Administration (established under section 3), provide grants to local governments and nonprofit organizations submitting applications to the Secretary under this section, to conduct outreach activities and services targeted at homeless individuals and other hard to reach populations, as determined appropriate by the Secretary. (b) Grant Criteria.--The Secretary shall provide grants under this section only to entities that demonstrate to the Secretary that the entities-- (1) have experience with low-income people; (2) have, in the case of entities applying for grants to work with a specific hard to reach population, sufficient experience in working with such population, including-- (A) knowledge of the community in which such population lives; and (B) proficiency in any applicable foreign language; (3) are able to conduct outreach activities and services appropriate to the targeted hard to reach population, including-- (A) regular visits to places frequented by homeless individuals, including soup kitchens, homeless shelters, street sites, and day centers; (B) the provision of information to individuals and organizations regarding eligibility for benefits under the Social Security Act and the Food Stamp Act of 1977, and provision of applications to apply for benefits under such programs; (C) the provision of assistance to individuals in completing applications to establish eligibility for benefits under the Social Security Act and benefits under the Food Stamp Act of 1977; and (D) the provision of assistance to individuals with respect to-- (i) obtaining appointments for any medical examination required in order to obtain benefits for which such individuals may be eligible under the Social Security Act so that all such examinations take place within 2 weeks after submission of the application for benefits under such Act; (ii) obtaining and developing evidence of disability and supporting documentation for nondisability-related eligibility requirements under the Social Security Act; and (iii) other matters relevant to obtaining benefits under the Social Security Act, including arranging transportation, and where appropriate, arranging for persons to accompany applicants to any necessary medical examinations; and (4) are able to meet such further requirements as the Secretary determines to be appropriate to carry out the purposes of this section. (c) Assistance to Applicants and Beneficiaries Who Are Homeless Individuals In Obtaining Needed Goods and Services.--An entity that receives a grant under this section to conduct outreach activities to homeless individuals may use some of the funds received under the grant to assist homeless individuals in gaining access to appropriate services in the community, including permanent housing assistance, nutrition, physical and mental health care, and case management services. (d) Reporting Requirements.--The Secretary shall provide that each entity receiving grants under this section shall be required to prepare and submit to the Office of Outreach Coordination an annual report on the use of grant funds and on the activities of the entity undertaken to carry out the purposes of this section. (e) Grant Funds.--In order to provide for grants under this section, the Secretary shall set aside and utilize no less than .37 percent of the amounts available on an annual basis for the administrative expenses of the Social Security Administration. (f) Administrative Provisions.--The Secretary shall-- (1) promulgate such regulations as may be necessary to carry out this section within 240 days after the date of the enactment of this Act; (2) notify local governments and nonprofit organizations of the availability of grant funds under this section within 270 days after the date of the enactment of this Act; and (3) begin to award grants under this section as described in subsection (a) within 360 days after the date of the enactment of this Act and annually thereafter. SEC. 5. SPECIAL PROCEDURES RELATING TO HOMELESS INDIVIDUALS. (a) Expedited Consideration of Applications.--Within 240 days after the date of the enactment of this Act, the Secretary shall promulgate regulations to ensure that, in determining disability for purposes of awarding benefits under the Social Security Act, priority consideration shall be given to applications received from homeless individuals. (b) Assistance in Filing Documents for Appeal and in Seeking Representation.--If the Secretary issues a decision to deny, suspend, reduce, or terminate benefits under the Social Security Act to a homeless individual, the Secretary shall take affirmative steps to locate the individual and-- (1) inform the individual of the importance of appealing such decision; and (2) if the individual indicates a desire to file such an appeal, assist the individual in filing the necessary forms. (c) Procedure Governing the Potential Denial or Suspension of Benefits for a Homeless Individual.-- (1) Determination.--Before the Secretary decides to deny, reduce, suspend, or terminate benefits under the Social Security Act to a homeless individual on the grounds that the individual must provide additional information before receiving, or continuing to receive, such benefits, the Secretary shall determine whether the individual is likely to have difficulty in responding to the request due to-- (A) a mental or physical impairment; (B) advanced age; (C) inability to communicate in English; (D) lack of transportation; (E) lack of a fixed address; or (F) any other comparable limitation. (2) Action.--If the Secretary determines that an individual has one of the limitations described in paragraph (1), the Secretary shall-- (A) take affirmative steps to locate the individual and assist the individual in filing an appeal from an adverse decision regarding such benefits, and in securing the evidence required to establish eligibility for, or to restore, such benefits; and (B) try to contact the individual by telephone and, if unsuccessful, make a personal visit to the last known address of the individual, contact individuals in the neighborhood, friends, or the post office, of the individual, and, to assist in these efforts, contact social agencies, shelters, soup kitchens, and any other agencies that provide services to homeless individuals. (3) Restoration of benefits.--If the efforts described in subparagraphs (A) and (B) of paragraph (2) are unsuccessful, and such benefits are denied, suspended, reduced, or terminated, and the individual within 12 months of such denial, suspension, reduction, or termination contacts the Social Security Administration with the necessary information to seek restoration of benefits, the Secretary shall-- (A) immediately resume payment of such benefits; and (B) from funds retained in the local office accounts, pay the benefits of the individual for the current month and for subsequent months until regular monthly payments of benefits resume. (d) Regulations on Presumptive Disability.--Within 60 days after the date of the enactment of this Act, the Secretary shall promulgate regulations to ensure that presumptive disability payments made under section 1631(a)(4)(A) of the Social Security Act and emergency advance payments made under section 1631(a)(4)(B) of such Act are fully available to homeless individuals. SEC. 6. REPORTING REQUIREMENTS. (a) Evaluations.-- (1) In general.--The Secretary shall prepare an evaluation of the activities carried out under this Act. (2) Criteria.--At a minimum, the criteria used by the Secretary in evaluating such activities shall-- (A) fully take into account the special circumstances of the individuals reached through the outreach activities conducted under this Act and the need of such individuals for personalized attention and follow-through assistance; and (B) emphasize the extent to which-- (i) the procedures used to carry out the outreach activities take into account such circumstances; and (ii) the assistance made available to such individuals through such activities meets such need. (b) Reports.--Not less frequently than annually, the Secretary shall submit to the appropriate committees of Congress a full and complete report containing the evaluation described in subsection (a) and such recommendations for additional legislative or regulatory action as the Secretary may determine to be appropriate. SEC. 7. DEFINITION. For purposes of this Act, the term ``homeless individual'' means any individual-- (1) who lacks a fixed, regular, and adequate nighttime residence; or (2) whose primary nighttime residence is-- (A) a supervised publicly or privately operated shelter designed to provide temporary living accommodations (including a welfare hotel, a congregate shelter, and transitional housing for the mentally ill); (B) an institution that provides a temporary residence for individuals intended to be institutionalized; or (C) a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings.

Summary: SSI Outreach Act of 1993 - Directs the Secretary of Health and Human Services to establish within the Social Security Administration an Office of Outreach Coordination to: (1) administer a program under which the Secretary provides grants and technical assistance to local governments and nonprofit organizations for outreach activities and services targeted at obtaining various assistance for homeless individuals and other hard to reach populations; (2) formulate and provide information and technical assistance to Social Security Administration field offices regarding outreach policies and methods and local outreach activities and services; and (3) implement the requirements of title XVI (Supplemental Security Income) (SSI) of the Social Security Act relating to the outreach program for children. Sets forth special rules governing the provision of social security benefits to homeless individuals.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Violence Courts Assistance Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Nearly one-third of American women report being physically or sexually abused by a husband or boyfriend at some point in their lives. (2) Family violence costs the nation between $5,000,000,000 and $10,000,000,000 each year in medical expenses, police and court costs, shelters and foster care, sick leave, absenteeism, and nonproductivity. (3) The Nation's first specialized domestic violence court was established in Chicago in the early 1980s to centralize the prosecution of domestic violence offenders. (4) There are presently more than 300 domestic violence courts in at least 23 States nationwide. (5) Specialized domestic violence courts in several communities have resulted in cutting the processing time of domestic violence, reducing a backlog of existing domestic violence cases and raising the conviction rate. (6) Specialized domestic violence courts allow judges, prosecutors and defense attorneys to focus on the intricacies of domestic violence cases, especially with regards to repeat offenders. SEC. 3. ESTABLISHMENT OF DOMESTIC VIOLENCE COURT SYSTEMS FROM AMOUNTS AVAILABLE FOR GRANTS TO COMBAT VIOLENCE AGAINST WOMEN. (a) In General.--Part T of the Omnibus Crime Control and Safe Streets Act of 1968 (relating to grants to combat violent crimes against women) is amended as follows: (1) Purposes for which grants may be used.--Section 2001(b) of that Act (42 U.S.C. 3796gg(b)) is amended-- (A) in paragraph (10), by striking ``and'' at the end; (B) in paragraph (11), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(12) providing the resources to establish and maintain a court system dedicated to the adjudication of domestic violence cases, including providing such resources as-- ``(A) prosecutors and court personnel, including those who perform interpretation and translation services; ``(B) technical assistance and counseling; ``(C) training of attorneys, judges, and court personnel, including those who perform interpretation and translation services (which should be carried out in consultation with local domestic violence advocates, State domestic violence coalitions, or both); ``(D) technological improvements and data collection; and ``(E) improvement of court facilities, including the creation of safe waiting areas and improved security.''. (2) Qualification for funds.--Section 2002(c)(3)(C) of that Act (42 U.S.C. 3796gg-1(c)(3)(C)) is amended by inserting after ``including juvenile courts'' the following: ``and specialized domestic violence courts''. (b) Attorney General Report.--Not later than thirty days after the expiration of the third fiscal year beginning after the date of the enactment of this Act, the Attorney General shall submit to Congress a report on the implementation and effectiveness of the amendments made by subsection (b), including the effectiveness of grants made under such amendments in reducing the rates of domestic violence and shortening the period of judicial review in domestic violence cases. (c) State Justice Institute.--Section 206(c) of the State Justice Institute Act of 1984 (42 U.S.C. 10705(c)) is amended-- (1) in paragraph (14) by striking ``and''; (2) in paragraph (15) by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following new paragraphs: ``(16) implement and evaluate court-based approaches to adjudicating domestic violence cases in State courts, including-- ``(A) domestic violence courts; ``(B) integrated case management information systems; ``(C) collaborations among courts, law enforcement agencies, social service agencies, women's shelters, and victims of crime support organizations; and ``(D) any other innovative practices likely to improve the criminal justice system's response to domestic violence; and ``(17) provide technical assistance to State courts to facilitate the development and adoption of improved practices in the adjudication of domestic violence cases.''. (d) Authorization of Appropriations.--There are authorized to be appropriated to carry out paragraphs (16) and (17) of section 206(c) of the State Justice Institute Act of 1984, as added by subsection (c), $1,500,000 for each of fiscal years 2005 through 2008.

Summary: Domestic Violence Courts Assistance Act - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (relating to grants to combat violent crimes against women) to allow such grants to be used to provide the resources to establish and maintain a court system dedicated to the adjudication of domestic violence cases. Requires a State to certify that at least five percent of grant funds shall be allocated for specialized domestic violence courts. Amends the State Justice Institute Act of 1984 to allow funds available pursuant to grants, cooperative agreements, or contracts awarded under the Act to be used to: (1) implement and evaluate court-based approaches to adjudicating domestic violence cases in State courts; and (2) provide technical assistance to State courts to facilitate the development and adoption of improved practices in such adjudication.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Loan Abuse Prevention Act of 2005''. SEC. 2. PURPOSE. It is the purpose of this Act to stop ensuring that lenders in the Federal Family Education Loan Program continue to receive extraordinary and unnecessary taxpayer subsidies, to make public college tuition free for future mathematics, science, and special education teachers, and to provide additional assistance to students eligible to receive a Federal Pell Grant under subpart 1 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a et seq.). SEC. 3. ENDING THE 9.5 PERCENT GUARANTEED RATE OF RETURN ON FEDERAL FAMILY EDUCATION LOANS. (a) Technical Correction.--Section 2 of the Taxpayer-Teacher Protection Act of 2004 (Public Law 108-409; 118 Stat. 2299) is amended in the matter preceding paragraph (1) by inserting ``of the Higher Education Act of 1965'' after ``Section 438(b)(2)(B)''. (b) Prospective Special Allowances.-- (1) In general.--Section 438(b)(2)(B) of the Higher Education Act of 1965 (20 U.S.C. 1087-1(b)(2)(B)), as amended by the Taxpayer-Teacher Protection Act of 2004, is amended-- (A) in clause (iv), by striking ``1993, or refunded after September 30, 2004, and before January 1, 2006, the'' and inserting ``1993, or refunded on or after the date of enactment of the Taxpayer-Teacher Protection Act of 2004, the''; and (B) by striking clause (v) and inserting the following: ``(v) Notwithstanding clauses (i) and (ii), the quarterly rate of the special allowance shall be the rate determined under subparagraph (A), (E), (F), (G), (H), or (I) of this paragraph, or paragraph (4), as the case may be, for loans-- ``(I) originated, transferred, or purchased on or after the date of enactment of the Taxpayer-Teacher Protection Act of 2004; ``(II) financed by an obligation that has matured, been retired, or defeased on or after the date of enactment of the Taxpayer-Teacher Protection Act of 2004; ``(III) which the special allowance was determined under such subparagraphs or paragraph, as the case may be, on or after the date of enactment of the Taxpayer-Teacher Protection Act of 2004; ``(IV) for which the maturity date of the obligation from which funds were obtained for such loans was extended on or after the date of enactment of the Taxpayer-Teacher Protection Act of 2004; or ``(V) sold or transferred to any other holder on or after the date of enactment of the Taxpayer-Teacher Protection Act of 2004.''. (2) Rule of construction.--Nothing in the amendment made by paragraph (1) shall be construed to abrogate a contractual agreement between the Federal Government and a student loan provider. (c) Prepayment of Current Loans.-- (1) In general.--The Secretary of Education shall encourage a borrower to consolidate such borrower's loans under section 428C or 455(g) of the Higher Education Act of 1965 (20 U.S.C. 1078-3 and 1087e(g)) if 1 or more of such loans is a loan for which the holder of the loan is entitled to a special allowance payment determined under section 438(b)(2)(B) of such Act (20 U.S.C. 1087-1(b)(2)(B)) that ensures the holder a minimum 9.5 percent rate of return on such loan, by offering the borrower an incentive, as described in paragraph (2). (2) Incentive.--Except as provided in paragraph (3), an incentive to a borrower regarding a loan for which the holder of the loan is entitled to a special allowance payment determined under section 438(b)(2)(B) of the Higher Education Act of 1965 (20 U.S.C. 1087-1(b)(2)(B)) that ensures the holder a minimum 9.5 percent rate of return on such loan, shall take the form of-- (A) an immediate $1,000 reduction in the principal of such loan; or (B) not less than a 1-percent reduction in the interest rate payments on such loan. (3) Exception.--The Secretary of Education shall not offer an incentive under paragraph (2) to a borrower of a loan described in such paragraph if offering the incentive will increase the long-term costs to the Federal Government of such loan. SEC. 4. TUITION-FREE COLLEGE FOR FUTURE MATHEMATICS, SCIENCE, AND SPECIAL EDUCATION TEACHERS. (a) Additional Amounts for Teachers in Mathematics, Science, and Special Education.-- (1) FFEL loans.--Section 428J(c)(3) of the Higher Education Act of 1965 (20 U.S.C. 1078-10(c)(3)) is amended by striking ``$17,500'' and inserting ``$23,000''. (2) Direct loans.--Section 460(c)(3) of the Higher Education Act of 1965 (20 U.S.C. 1087j(c)(3)) is amended by striking ``$17,500'' and inserting ``$23,000''. (b) Effective Date.--The amendments made by this section shall apply only with respect to eligible individuals who are new borrowers on or after October 1, 1998. SEC. 5. INCREASED GRANT AID TO PELL GRANT RECIPIENTS. (a) In General.--Any funds available to the Secretary of Education as a result of reduced expenditures under section 438 of the Higher Education Act of 1965 (20 U.S.C. 1087-1) secured by the enactment of section 3 shall first be used by the Secretary for loan cancellation and loan forgiveness for teachers under sections 428J and 460 of the Higher Education Act of 1965 (20 U.S.C. 1078-10 and 1087j), as amended by section 4. (b) Remaining Funds.-- (1) In general.--Any such funds remaining after carrying out subsection (a) shall be used by the Secretary of Education to make payments to each nonprofit lender in an amount that bears the same relation to the remaining funds as the amount the nonprofit lender receives for fiscal year 2005 under section 438(b)(2)(B) of the Higher Education Act of 1965 (20 U.S.C. 1087-1(b)(2)(B)) bears to the total amount received by nonprofit lenders for fiscal year 2005 under such section. (2) Definition of nonprofit lender.--In this subsection, the term ``nonprofit lender'' means an eligible lender (as defined in section 435(d) of the Higher Education Act of 1965 (20 U.S.C. 1085(d)) that-- (A) is an organization described in section 501(c)(3) of the Internal Revenue Code of 1986; (B) is a nonprofit entity as defined by applicable State law; and (C) meets the following requirements: (i) The nonprofit lender does not confer a salary or benefits to any employee of the nonprofit lender in an amount that is in excess of the salary and benefits provided to the Secretary of Education by the Department of Education. (ii) The nonprofit lender does not maintain an ongoing relationship whereby the nonprofit lender passes on revenue directly or indirectly through lease, securitization, resale, or any other financial instrument to a for-profit entity or to shareholders. (iii) The nonprofit lender does not offer benefits to a borrower in a manner directly or indirectly predicated on such borrower's participation-- (I) in a program under part B or D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq. and 1087a et seq.); or (II) with any particular lender. (iv) The nonprofit lender certifies that the nonprofit lender uses the payment received pursuant to paragraph (1) to confer grant or scholarship benefits to students who are eligible to receive Federal Pell Grants under subpart 1 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a et seq.). (v) The nonprofit lender is subject to public oversight through either a State charter or through not less than 50 percent of the nonprofit lender's board of directors consisting of State-appointed representatives. (vi) The nonprofit lender does not engage in the marketing of the relative value of programs under part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.) as compared to programs under part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.), nor does the nonprofit lender engage in the marketing of loans or programs offered by for-profit lenders. This clause shall not be construed to prohibit the nonprofit lender from conferring basic information on lenders under part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.) and the related benefits offered by such nonprofit lenders.

Summary: Student Loan Abuse Prevention Act of 2005 - Amends the Higher Education Act of 1965 as amended by the Taxpayer-Teacher Protection Act of 2004 (HEA) to reduce special allowance payments to holders of student loans by making permanent the ending of a 9.5% minimum guaranteed rate of return to such holders. Directs the Secretary of Education to give incentives, in the form of certain reductions in principal or interest rate, to borrowers to consolidate any current loans for which the holder is entitled to a special allowance that ensures such a 9.5 rate of return, provided such an incentive does not increase the cost of such loan to the federal government. Increases to $23,000 the maximum amount of student loan forgiveness under the Federal Family Education Loan and the Federal Direct Student Loan programs for certain eligible teachers of: (1) mathematics or science in secondary schools; and (2) special education in elementary and secondary schools. Directs the Secretary to use funds available from reduced expenditures resulting from this Act's reduction of special allowances to loan holders, as follows: (1) first, for the student loan cancellation and forgiveness programs for teachers under HEA as amended by this Act; and (2) then, the remainder for payments to nonprofit lenders meeting certain criteria and using such payments to confer grant or scholarship benefits on students eligible for Federal Pell Grants.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior Citizens' Freedom to Work Act''. SEC. 2. ADJUSTMENTS IN MONTHLY EXEMPT AMOUNT FOR PURPOSES OF THE SOCIAL SECURITY EARNINGS TEST. (a) Increase in Monthly Exempt Amount for Individuals Who Have Attained Retirement Age.-- (1) In general.--Section 203(f)(8)(D) of the Social Security Act (42 U.S.C. 403(f)(8)(D)) is amended to read as follows: ``(D)(i) Notwithstanding any other provision of this subsection, the exempt amount which is applicable to an individual who has attained retirement age (as defined in section 216(l)) before the close of the taxable year involved shall be-- ``(I) $1,208.33\1/3\ for each month of any taxable year ending after 1995 and before 1997, ``(II) $1,416.66\2/3\ for each month of any taxable year ending after 1996 and before 1998, ``(III) $1,666.66\2/3\ for each month of any taxable year ending after 1997 and before 1999, ``(IV) $1,875.00 for each month of any taxable year ending after 1998 and before 2000, ``(V) $2,083.33\1/3\ for each month of any taxable year ending after 1999 and before 2001, ``(VI) $2,291.66\2/3\ for each month of any taxable year ending after 2000 and before 2002, and ``(VII) $2,500.00 for each month of any taxable year ending after 2001 and before 2003.''. (2) Increased amounts subject to present law cost-of-living adjustment after 2002.--Section 203(f)(8)(D) of such Act (42 U.S.C. 403(f)(8)(D)), as amended by paragraph (1), is amended by adding at the end the following new clause: ``(ii) For purposes of this paragraph, the increase in the exempt amount provided under clause (i)(VII) shall be deemed to have resulted from a determination which shall be deemed to have been made under subparagraph (A) in 2001.''. (3) Conforming amendment.--The second sentence of section 223(d)(4)(A) of such Act (42 U.S.C. 423(d)(4)(A)) is amended by striking ``the exempt amount under section 203(f)(8) which is applicable to individuals described in subparagraph (D) thereof'' and inserting the following: ``an amount equal to the exempt amount which would have been applicable under section 203(f)(8), to individuals described in subparagraph (D) thereof, if the amendments made to such section by the Senior Citizens' Freedom to Work Act had not been enacted''. (4) Effective date of subsection.--The amendments made by this subsection shall apply with respect to taxable years beginning after 1995. (b) Compensation of Trust Fund for Increased Outlays.-- (1) In general.--Section 201(d) of the Social Security Act (42 U.S.C. 401(d)) is amended-- (A) by inserting ``(1)'' after ``(d)''; (B) in the fifth sentence, by striking ``shall bear interest'' and inserting ``shall (subject to paragraph (2)) bear interest''; and (C) by adding at the end the following new paragraph: ``(2) In the case of the Federal Old-Age and Survivors Insurance Trust Fund, the Managing Trustee shall increase the rate of interest (otherwise specified in the fifth sentence of paragraph (1)) which is to be borne by obligations referred to in the fourth sentence of paragraph (1) issued after September 30, 1995, and before October 1, 2002, by .25 percent point for each fiscal year beginning after September 30, 1995, and before October 1, 2002. For purposes of this paragraph, any obligation in which any portion of such Trust Fund is invested which was issued before October 1, 1995, shall be deemed to have matured on September 30, 1995, and to have been reissued on October 1, 1995, with the same maturation date and same rate of interest (subject to the increase provided under this paragraph).''. (2) Effective date of subsection.--The amendments made by this subsection shall apply with respect to obligations issued after December 31, 1995. (c) Additional Offsets.-- (1) In general.--Notwithstanding any other provision of law, each nonexempt account within the discretionary spending category for each of the fiscal years 1996 through 2002 shall be reduced, if necessary, by the uniform percentage necessary to offset the Federal Old-Age and Survivors Insurance Trust Fund shortfall resulting from the amendments made to section 203(f)(8) of the Social Security Act by the Senior Citizens' Freedom to Work Act. (2) Effective date.--The reductions required by this subsection shall be implemented pursuant to a Presidential order as provided for a sequester to eliminate a budget-year breach under section 251 of the Balanced Budget and Deficit Control Act of 1985. The reductions required by this subsection shall be in addition to any reductions required by section 251 of the Balanced Budget and Deficit Control Act of 1985. (d) Report by GAO.--Not later than the date which is 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall report to the Congress regarding an analysis of the dynamic effect of the reform of the social security earnings limit under section 203(f)(8) of the Social Security Act, as provided by subsection (a) of this section, and a calculation of the reform's true effect on the Federal budget.

Summary: Senior Citizens' Freedom to Work Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to increase the monthly exempt amount, under the earnings test, for individuals who have attained retirement age. Sets forth the schedule of monthly adjustments increasing from $1,208 for taxable year 1996 to $2,500 for taxable year 2002. Subjects such increased amounts to current law cost-of-living adjustments after 2002. Requires the Managing Trustee of the Federal Old-Age and Survivors Insurance Trust Fund to increase by a specified percentage per year the rate of interest borne by public-debt obligations issued for purchase by the OASDI trust funds between September 30, 1995, and October 1, 2002. Provides that each nonexempt account within the discretionary spending category for each of FY 1996 through 2002 shall be reduced, if necessary, by the uniform percentage necessary to offset the Federal Old-Age and Survivors Insurance Trust Fund shortfall resulting from the amendments of this Act increasing the monthly exempt amount. Directs the Comptroller General to analyze and report to the Congress on the dynamic effect of the revision of the social security earnings limit made by this Act and a calculation of its true effect on the Federal budget.


SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Nuclear Safety and Promotion Act of 2001''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--GROWTH OF NUCLEAR ENERGY Sec. 101. Price Anderson reauthorization. Sec. 102. Elimination of foreign ownership restrictions. Sec. 103. Combined licenses. Sec. 104. Scope of environmental review. TITLE II--NRC REGULATORY REFORM Sec. 201. Elimination of duplicative antitrust review. Sec. 202. Hearing procedures. Sec. 203. Authority over former licensees for decommissioning funding. TITLE III--NRC PERSONNEL CRISIS Sec. 301. Elimination of pension offset. Sec. 302. Contracts with the national laboratories. Sec. 303. NRC training program. TITLE I--GROWTH OF NUCLEAR ENERGY SEC. 101. PRICE-ANDERSON REAUTHORIZATION. (a) Indemnification of Licensees.--Section 170c. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(c)) is amended-- (1) in the subsection heading, by striking ``Licenses'' and inserting ``Licensees''; and (2) in the first sentence, by striking ``August 1, 2002'' and inserting ``August 1, 2012''. (b) Reports to Congress.--Section 170p. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(p)) is amended by striking ``August 1, 1998'' and inserting ``August 1, 2008''. (c) Applicability.--The amendments made by this section apply with respect to nuclear incidents occurring on or after the date of enactment of this Act. SEC. 102. ELIMINATION OF FOREIGN OWNERSHIP RESTRICTIONS. (a) Commercial Licenses.--Section 103d. of the Atomic Energy Act of 1954 (42 U.S.C. 2133(d)) is amended by striking the second sentence. (b) Medical Therapy and Research and Development.--Section 104d. of the Atomic Energy Act of 1954 (42 U.S.C. 2134(d)) is amended by striking the second sentence. SEC. 103. COMBINED LICENSE PERIODS. Section 103c. of the Atomic Energy Act of 1954 (42 U.S.C. 2133(c)) is amended-- (1) by striking ``c. Each such'' and inserting the following: ``c. License Period.-- ``(1) In general.--Each such''; and (2) by adding at the end the following: ``(2) Combined licenses.--In the case of a combined construction and operating license issued under section 185(b), the duration of the operating phase of the license period shall not be less than the duration of the operating license if application had been made for separate construction and operating licenses.''. SEC. 104. SCOPE OF ENVIRONMENTAL REVIEW. (a) In General.--Chapter 10 of title I of the Atomic Energy act of 1954 (42 U.S.C. 2131 et seq.) is amended-- (1) by redesignating sections 110 and 111 as section 111 and 112, respectively; and (2) by inserting after section 109 the following: ``SEC. 110. SCOPE OF ENVIRONMENTAL REVIEW. ``In conducting any environmental review (including any activity conducted under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332)) in connection with an application for a license or a renewed license under this chapter, the Commission shall not give any consideration to the need for, or any alternative to, the facility to be licensed.''. (b) Conforming Amendments.-- (1) The Atomic Energy Act of 1954 is amended-- (A) in the table of contents (42 U.S.C. prec. 2011), by striking the items relating to section 110 and inserting the following: ``Sec. 110. Scope of environmental review. ``Sec. 111. Exclusions. ``Sec. 112. Licensing by Nuclear Regulatory Commission of distribution of certain materials by Department of Energy.''; (B) in the last sentence of section 57b. (42 U.S.C. 2077(b)), by striking ``section 111 b.'' and inserting ``section 112b.''; and (C) in section 131a.(2)(C), by striking ``section 111 b.'' and inserting ``section 112b.''. (2) Section 202 of the Energy Reorganization Act of 1974 (42 U.S.C. 5842) is amended-- (A) by striking ``section 110 a.'' and inserting ``section 111a.''; and (B) by striking ``section 110 b.'' and inserting ``section 111b.''. TITLE II--NRC REGULATORY REFORM SEC. 201. ELIMINATION OF DUPLICATIVE ANTITRUST REVIEW. Section 105 of the Atomic Energy Act of 1954 (42 U.S.C. 2135) is amended by striking subsection c. and inserting the following: ``c. Conditions.-- ``(1) In general.--A condition for a grant of a license imposed by the Commission under this section shall remain in effect until the condition is modified or removed by the Commission. ``(2) Modification.--If a person that is licensed to construct or operate a utilization or production facility applies for reconsideration under this section of a condition imposed in the person's license, the Commission shall conduct a proceeding, on an expedited basis, to determine whether the license condition-- ``(A) is necessary to ensure compliance with subsection a.; or ``(B) should be modified or removed.''. SEC. 202. HEARING PROCEDURES. Section 189a.(1) of the Atomic Energy Act of 1954 (42 U.S.C. 2239(a)(1)) is amended by adding at the end the following: ``(C) Hearings.--A hearing under this section shall be conducted using informal adjudicatory procedures unless the Commission determines that formal adjudicatory procedures are necessary-- ``(i) to develop a sufficient record; or ``(ii) to achieve fairness.''. SEC. 203. AUTHORITY OVER FORMER LICENSEES FOR DECOMMISSIONING FUNDING. Section 161i. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(i)) is amended-- (1) by striking ``and (3)'' and inserting ``(3)''; and (2) by inserting before the semicolon at the end the following: ``, and (4) to ensure that sufficient funds will be available for the decommissioning of any production or utilization facility licensed under section 103 or 104b., including standards and restrictions governing the control, maintenance, use, and disbursement by any former licensee under this Act that has control over any fund for the decommissioning of the facility''. TITLE III--NRC PERSONNEL CRISIS SEC. 301. ELIMINATION OF PENSION OFFSET. Section 161 of the Atomic Energy Act of 1954 (42 U.S.C. 2201) is amended by adding at the end the following: ``y. exempt from the application of sections 8344 and 8468 of title 5, United States Code, an annuitant who was formerly an employee of the Commission who is hired by the Commission as a consultant, if the Commission finds that the annuitant has a skill that is critical to the performance of the duties of the Commission.''. SEC. 302. CONTRACTS WITH THE NATIONAL LABORATORIES. Section 170A of the Atomic Energy Act of 1954 (42 U.S.C. 2210a) is amended by striking subsection c. and inserting the following: ``c. Contracts, Agreements, and Other Arrangements With the National Laboratories.--Notwithstanding subsection b. and notwithstanding the potential for a conflict of interest that cannot be avoided, the Commission may enter into a contract, agreement, or other arrangement with a national laboratory if the Commission takes reasonable steps to mitigate the effect of the conflict of interest.''. SEC. 303. NRC TRAINING PROGRAM. (a) In General.--In order to maintain the human resource investment and infrastructure of the United States in the nuclear sciences, health physics, and engineering fields, in accordance with the statutory authorities of the Commission relating to the civilian nuclear energy program, the Nuclear Regulatory Commission shall carry out a training and fellowship program to address shortages of individuals with critical safety skills. (b) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to carry out this section $1,000,000 for each of fiscal years 2002 through 2005. (2) Availability.--Funds made available under paragraph (1) shall remain available until expended.

Summary: Nuclear Safety and Promotion Act - Amends the Atomic Energy Act of 1954 to reauthorize until August 1, 2012, mandatory indemnification and holding harmless of certain licensees for nuclear incidents (Price-Anderson Act).Repeals the prohibition against foreign ownership of commercial, medical therapy, and research and development licenses issued by the NRC.Provides that the duration of the operating phase of the license period for certain combined construction and operating licenses shall not be less than the duration of the operating license if application had been made for separate construction and operating licenses.Prohibits the NRC from giving any consideration to need or alternative when conducting any environmental review regarding a facility license application or renewal.Eliminates antitrust review of NRC license applications.Authorizes the NRC to prescribe regulations to ensure the availability of sufficient decommissioning funds for certain production or utilization facilities, including standards and restrictions governing former licensee control and disbursement over any facility decommissioning fund.Authorizes the NRC to eliminate the pension offset governing former NRC employees rehired as consultants if the annuitant has skills critical to the performance of NRC duties.Repeals the requirements that the NRC promulgate implementation rules governing conflicts of interest relating to contracts. Authorizes the NRC enter into a contract with a national laboratory if it takes reasonable steps to mitigate the effect of the conflict of interest.Instructs the NRC to implement a training and fellowship program to address shortages of critical safety skills.


TITLE I--NTSB AMENDMENTS SEC. 101. SHORT TITLE. This title may be cited as the ``National Transportation Safety Board Amendments of 1996''. SEC. 102. FOREIGN INVESTIGATIONS. Section 1114 of title 49, United States Code, is amended-- (1) by striking ``(b) and (c)'' in subsection (a) and inserting ``(b), (c), and (e)''; and (2) by adding at the end the following: ``(e) Foreign Investigations.-- ``(1) In general.--Notwithstanding any other provision of law, neither the Board, nor any agency receiving information from the Board, shall disclose records or information relating to its participation in foreign aircraft accident investigations; except that-- ``(A) the Board shall release records pertaining to such an investigation when the country conducting the investigation issues its final report or 2 years following the date of the accident, whichever occurs first; and ``(B) the Board may disclose records and information when authorized to do so by the country conducting the investigation. ``(2) Safety recommendations.--Nothing in this subsection shall restrict the Board at any time from referring to foreign accident investigation information in making safety recommendations.''. SEC. 103. PROTECTION OF VOLUNTARY SUBMISSION OF INFORMATION. Section 1114(b) of title 49, United States Code, is amended by adding at the end the following: ``(3) Protection of Voluntary Submission of Information.-- Notwithstanding any other provision of law, neither the Board, nor any agency receiving information from the Board, shall disclose voluntarily provided safety-related information if that information is not related to the exercise of the Board's accident or incident investigation authority under this chapter and if the Board finds that the disclosure of the information would inhibit the voluntary provision of that type of information.''. SEC. 104. TRAINING. Section 1115 of title 49, United States Code, is amended by adding at the end the following: ``(d) Training of board employees and others.--The Board may conduct training of its employees in those subjects necessary for the proper performance of accident investigation. The Board may also authorize attendance at courses given under this subsection by other government personnel, personnel of foreign governments, and personnel from industry or otherwise who have a requirement for accident investigation training. The Board may require non-Board personnel to reimburse some or all of the training costs, and amounts so reimbursed shall be credited to the appropriation of the `National Transportation Safety Board, Salaries and Expenses' as offsetting collections.''. SEC. 105. AUTHORIZATION OF APPROPRIATIONS. Section 1118(a) of title 49, United States Code, is amended-- (1) by striking ``and''; and (2) by inserting before the period at the end of the first sentence the following: ``, $42,400,00 for fiscal year 1997, $44,400,000 for fiscal year 1998, and $46,600,000 for fiscal year 1999.''. TITLE II--INTERMODAL TRANSPORTATION SEC. 201. SHORT TITLE. This title may be cited as the ``Intermodal Safe Container Transportation Amendments Act of 1996''. SEC. 202. AMENDMENT OF TITLE 49, UNITED STATES CODE. Except as otherwise expressly provided, whenever in this title 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 title 49 of the United States Code. SEC. 203. DEFINITIONS. Section 5901 (relating to definitions) is amended-- (1) by striking paragraph (1) and inserting the following: ``(1) except as otherwise provided in this chapter, the definitions in sections 10102 and 13102 of this title apply.''; (2) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and (3) by inserting after paragraph (5) the following: ``(6) `gross cargo weight' means the weight of the cargo, packaging materials (including ice), pallets, and dunnage.''. SEC. 204. NOTIFICATION AND CERTIFICATION. (a) Prior Notification.--Subsection (a) of section 5902 (relating to prior notification) is amended-- (1) by striking ``Before a person tenders to a first carrier for intermodal transportation a'' and inserting ``If the first carrier to which any''; (2) by striking ``10,000 pounds (including packing material and pallets), the person shall give the carrier a written'' and inserting ``29,000 pounds is tendered for intermodal transportation is a motor carrier, the person tendering the container or trailer shall give the motor carrier a''; (3) by striking ``trailer.'' and inserting ``trailer before the tendering of the container or trailer.''; (4) by striking ``electronically.'' and inserting ``electronically or by telephone.''; and (5) by adding at the end thereof the following: ``This subsection applies to any person within the United States who tenders a container or trailer subject to this chapter for intermodal transportation if the first carrier is a motor carrier.''. (b) Certification.--Subsection (b) of section 5902 (relating to certification) is amended to read as follows: ``(b) Certification.-- ``(1) In general.--A person who tenders a loaded container or trailer with an actual gross cargo weight of more than 29,000 pounds to a first carrier for intermodal transportation shall provide a certification of the contents of the container or trailer in writing, or electronically, before or when the container or trailer is so tendered. ``(2) Contents of certification.--The certification required by paragraph (1) shall include-- ``(A) the actual gross cargo weight; ``(B) a reasonable description of the contents of the container or trailer; ``(C) the identity of the certifying party; ``(D) the container or trailer number; and ``(E) the date of certification or transfer of data to another document, as provided for in paragraph (3). ``(3) Transfer of certification data.--A carrier who receives a certification may transfer the information contained in the certification to another document or to electronic format for forwarding to a subsequent carrier. The person transferring the information shall state on the forwarded document the date on which the data was transferred and the identity of the party who performed the transfer. ``(4) Shipping documents.--For purposes of this chapter, a shipping document, prepared by the person who tenders a container or trailer to a first carrier, that contains the information required by paragraph (2) meets the requirements of paragraph (1). ``(5) Use of `freight all kinds' term.--The term `Freight All Kinds' or `FAK' may not be used for the purpose of certification under section 5902(b) after December 31, 2000, as a commodity description for a trailer or container if the weight of any commodity in the trailer or container equals or exceeds 20 percent of the total weight of the contents of the trailer or container. This subsection does not prohibit the use of the term after that date for rating purposes. ``(6) Separate document marking.--If a separate document is used to meet the requirements of paragraph (1), it shall be conspicuously marked `INTERMODAL CERTIFICATION'. ``(7) Applicability.--This subsection applies to any person, domestic or foreign, who first tenders a container or trailer subject to this chapter for intermodal transportation within the United States.''. (c) Forwarding Certifications.--Subsection (c) of section 5902 (relating to forwarding certifications to subsequent carriers) is amended-- (1) by striking ``transportation.'' and inserting ``transportation before or when the loaded intermodal container or trailer is tendered to the subsequent carrier. If no certification is received by the subsequent carrier before or when the container or trailer is tendered to it, the subsequent carrier may presume that no certification is required.''; and (2) by adding at the end thereof the following: ``If a person inaccurately transfers the information on the certification, or fails to forward the certification to a subsequent carrier, then that person is liable to any person who incurs any bond, fine, penalty, cost (including storage), or interest for any such fine, penalty, cost (including storage), or interest incurred as a result of the inaccurate transfer of information or failure to forward the certification. A subsequent carrier who incurs a bond, fine, penalty, or cost (including storage), or interest as a result of the inaccurate transfer of the information, or the failure to forward the certification, shall have a lien against the contents of the container or trailer under section 5905 in the amount of the bond, fine, penalty, or cost (including storage), or interest and all court costs and legal fees incurred by the carrier as a result of such inaccurate transfer or failure.''. (d) Liability.--Section 5902 is amended by redesignating subsection (d) as subsection (e) and by inserting after subsection (c) the following: ``(d) Liability to Owner or Beneficial Owner.--If-- ``(1) a person inaccurately transfers information on a certification required by subsection (b)(1), or fails to forward a certification to the subsequent carrier; ``(2) as a result of the inaccurate transfer of such information or a failure to forward a certification, the subsequent carrier incurs a bond, fine, penalty, or cost (including storage), or interest; and ``(3) that subsequent carrier exercises its rights to a lien under section 5905, then that person is liable to the owner or beneficial owner, or to any other person paying the amount of the lien to the subsequent carrier, for the amount of the lien and all costs related to the imposition of the lien, including court costs and legal fees incurred in connection with it.''. (e) Nonapplication.--Subsection (e) of section 5902, as redesignated, is amended-- (1) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively, and by moving the text of paragraph (2), as so redesignated down 1 line and to the left, flush full measure and indenting such paragraph; and (2) by inserting before paragraph (2), as redesignated, the following: ``(1) The notification and certification requirements of subsections (a) and (b) of this section do not apply to any intermodal container or trailer containing consolidated shipments loaded by a motor carrier if that motor carrier-- ``(A) performs the highway portion of the intermodal movement; or ``(B) assumes the responsibility for any weight-related fine or penalty incurred by any other motor carrier that performs a part of the highway transportation.''. SEC. 205. PROHIBITIONS. Section 5903 (relating to prohibitions) is amended-- (1) by inserting after ``person'' in subsection (a) a comma and the following: ``To whom section 5902(b) applies,''; (2) by striking subsection (b) and inserting the following: ``(b) Transporting Prior to Receiving Certification.-- ``(1) Presumption.--If no certification is received by a motor carrier before or when a loaded intermodal container or trailer is tendered to it, the motor carrier may presume that the gross cargo weight of the container or trailer is less than 29,001 pounds. ``(2) Copy of certification not required to accompany container or trailer.--Notwithstanding any other provision of this chapter to the contrary, a copy of the certification required by section 5902(b) is not required to accompany the intermodal container or trailer.''; (3) by striking ``10,000 pounds (including packing materials and pallets)'' in subsection (c)(1) and inserting ``29,000 pounds''; and (4) by adding at the end the following: ``(d) Notice to Leased Operators.-- ``(1) In general.--If a motor carrier knows that the gross cargo weight of an intermodal container or trailer subject to the certification requirements of section 5902(b) would result in a violation of applicable State gross vehicle weight laws, then-- ``(A) the motor carrier shall give notice to the operator of a vehicle which is leased by the vehicle operator to a motor carrier that transports an intermodal container or trailer of the gross cargo weight of the container or trailer as certified to the motor carrier under section 5902(b); ``(B) the notice shall be provided to the operator prior to the operator being tendered the container or trailer; ``(C) the notice required by this subsection shall be in writing, but may be transmitted electronically; and ``(D) the motor carrier shall bear the burden of proof to establish that it tendered the required notice to the operator. ``(2) Reimbursement.--If the operator of a leased vehicle transporting a container or trailer subject to this chapter is fined because of a violation of a State's gross vehicle weight laws or regulations and the lessee motor carrier cannot establish that it tendered to the operator the notice required by paragraph (1) of this subsection, then the operator shall be entitled to reimbursement from the motor carrier in the amount of any fine and court costs resulting from the failure of the motor carrier to tender the notice to the operator.''. SEC. 206. LIENS. Section 5905 (relating to liens) is amended-- (1) by striking subsection (a) and inserting the following: ``(a) General.--If a person involved in the intermodal transportation of a loaded container or trailer for which a certification is required by section 5902(b) of this title is required, because of a violation of a State's gross vehicle weight laws or regulations, to post a bond or pay a fine, penalty, cost (including storage), or interest resulting from-- ``(1) erroneous information provided by the certifying party in the certification to the first carrier in violation of section 5903(a) of this title; ``(2) the failure of the party required to provide the certification to the first carrier to provide it; ``(3) the failure of a person required under section 5902(c) to forward the certification to forward it; or ``(4) an error occurring in the transfer of information on the certification to another document under section 5902(b)(3) or (c), then the person posting the bond, or paying the fine, penalty, costs (including storage), or interest has a lien against the contents equal to the amount of the bond, fine, penalty, cost (including storage), or interest incurred, until the person receives a payment of that amount from the owner or beneficial owner of the contents, or from the person responsible for making or forwarding the certification, or transferring the information from the certification to another document.''; (2) by inserting a comma and ``or the owner or beneficial owner of the contents,'' after ``first carrier'' in subsection (b)(1); and (3) by striking ``cost, or interest.'' in subsection (b)(1) and inserting ``cost (including storage), or interest. The lien shall remain in effect until the lien holder has received payment for all costs and expenses described in subsection (a) of this section.''. SEC. 207. PERISHABLE AGRICULTURAL COMMODITIES. Section 5906 (relating to perishable agricultural commodities) is amended by striking ``Sections 5904(a)(2) and 5905 of this title do'' and inserting ``Section 5905 of this title does''. SEC. 208. EFFECTIVE DATE. (a) In General.--Section 5907 (relating to regulations and effective date) is amended to read as follows: ``Sec. 5907. Effective date ``This chapter shall take effect 180 days after the date of enactment of the Intermodal Safe Container Transportation Amendments Act of 1996.''. (b) Clerical Amendment.--The table of sections for chapter 59 is amended by striking the item relating to section 5907 and inserting the following: ``5907. Effective date.''. SEC. 209. RELATIONSHIP TO OTHER LAWS. (a) In General.--Chapter 59 is amended by adding at the end thereof the following: ``Sec. 5908. Relationship to other laws ``Nothing in this chapter affects-- ``(1) chapter 51 (relating to transportation of hazardous material) or the regulations promulgated under that chapter; or ``(2) any State highway weight or size law or regulation applicable to tractor-trailer combinations.''. (b) Clerical Amendment.--The table of sections for such chapter is amended by adding at the end thereof the following: ``5908. Relationship to other laws.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Summary: TABLE OF CONTENTS: Title I: NTSB Amendments Title II: Intermodal Transportation Title I: NTSB Amendments - National Transportation Safety Board Amendments of 1996 - Amends Federal transportation law to prohibit the National Transportation Safety Board (NTSB) and any agency receiving information from it from disclosing: (1) records or information relating to its participation in foreign aircraft accident investigations, except in certain circumstances; or (2) voluntarily provided safety-related information unrelated to the exercise of the NTSB's accident or incident investigation authority, if disclosure would inhibit the voluntary provision of that type of information. (Sec. 104) Authorizes the NTSB to conduct training of its employees in subjects necessary for the proper performance of accident investigations. (Sec. 105) Authorizes appropriations to the Board through FY 1999. Title II: Intermodal Transportation - Intermodal Safe Container Transportation Amendments Act of 1996 - Amends Federal transportation law to revise the prior notification requirements for intermodal freight transportation. Requires a person who tenders to a first carrier that is a motor carrier (currently, any carrier) a container or trailer with a gross cargo weight of more than 29,000 pounds (currently, 10,000 pounds, including packing material and pallets) for intermodal transportation to give prior notification of the cargo weight and a reasonable description of its contents to the motor carrier. (Sec. 204) Allows such notification to be made by telephone, and allows the required certification of container or trailer contents to be electronic. Sets forth administrative and civil penalties for persons who inaccurately transfer certification information. (Sec. 205) Allows a motor carrier to presume that the gross cargo weight of a container or trailer is under 29,001 pounds if it receives no certification before or when a loaded intermodal container or trailer is tendered to it. Declares that a copy of a certification is not required to accompany the intermodal container or trailer. Requires a motor carrier that knows that the gross cargo weight of an intermodal container or trailer violates State vehicle weight laws to give notice to the operator of a leased vehicle that transports such items. Requires the motor carrier to reimburse the operator of the leased vehicle that is fined because of a violation of a State's gross vehicle weight laws. (Sec. 206) Adds to the circumstances giving certain persons a lien against the contents of the container or trailer as a result of a violation of a State's gross vehicle weight laws. Includes among such circumstances: (1) failure of the party required to provide certification of gross cargo weight to the first carrier to provide it; (2) failure of the party required to forward such certification to forward it; or (3) error in the transfer of information on the certification to another document.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Environmental Protection Encouragement Act of 1993''. SEC. 2. ELECTION TO EXPENSE CERTAIN ENVIRONMENTAL PROPERTY. (a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding after section 179A the following new section: ``SEC. 179. ELECTION TO EXPENSE CERTAIN ENVIRONMENTAL IMPROVEMENT PROPERTY. ``(a) Treatment as Expenses.--A taxpayer may elect to treat the cost of any environmental improvement property as an expense which is not chargeable to capital account. Any cost so treated shall be allowed as a deduction for the taxable year in which the environmental improvement property is placed in service. ``(b) Environmental Improvement Property.--For purposes of this subsection-- ``(1) In general.--The term `environmental improvement property' means tangible property which is acquired by purchase for use in the active conduct of a trade or business and which is-- ``(A) of a character subject to the allowance for depreciation provided in section 167, ``(B) used for one or more of the following purposes-- ``(i) source reduction, ``(ii) solid waste minimization, ``(iii) waste conversion or recycling, ``(iv) reduction of environmental hazards, ``(v) compliance with environmental permits, rules, and similar requirements, ``(vi) prevention, containment, or control of unplanned releases, or ``(vii) the manufacture, distribution, and sale of alternate fuels and blending stocks or fuel additives for reformulated fuels, and ``(C) located and used exclusively in the United States during the taxable year. If only a portion of property described in subparagraphs (A) and (C) is described in subparagraph (B), such portion shall be treated as environmental improvement property. For purposes of this paragraph, the term `United States' has the meaning given such term by paragraph (1) of section 638 (relating to continental shelf areas). ``(2) Other definitions.--For purposes of this subsection-- ``(A) Source reduction.--The term `source reduction' means reduction of the amount of regulated substances or other pollutants from fixed or mobile sources released into the environment if such reduction reduces hazards to public health or environment. ``(B) Solid waste minimization.--The term `solid waste minimization' means the reduction in the generation of, or the recovery of commercially usable products from, residual materials which are classified as, or which if disposed would be classified as, solid wastes (within the meaning of the Resource Conservation and Recovery Act). ``(C) Waste conversion or recycling.--The term `waste conversion or recycling' means the processing or conversion of liquid, solid, or gaseous wastes into fuel, energy, or other commercially usable products, and the production of such products if production occurs at the same facility as the conversion. ``(D) Abatement of environmental hazards.--The term `abatement of environmental hazards' includes the abatement, reduction, monitoring, or stabilization of potential human exposure to toxic chemicals, hazardous or extremely hazardous substances, or harmful radiation. ``(E) Unplanned releases.--The term `unplanned releases' means any release of regulated substances (except federally permitted releases), including indoor releases. ``(F) Regulated substance.--The term `regulated substance' includes any substance the release or emission of which is prohibited, limited, or regulated by Federal or State law or by Federal regulations (as determined without regard to whether a particular release would have been prohibited or limited). ``(G) Release.--The term `release' means any spilling, leaking, pouring, discharging, escaping, dumping, or disposing into the environment, including the abandonment or discarding of barrels or other closed receptacles. ``(c) Definitions and Special Rules.--For purposes of this section-- ``(1) Purchase.--The term `purchase' has the meaning given such term by section 179(d)(2). ``(2) Cost.--The cost of property shall not include so much of the basis of the property as is determined by reference to the basis of other property held at any time by the person acquiring the property. ``(3) Coordination with other provisions.--This section shall not apply with respect to any property with respect to which an election under section 169 or 179 applies.'' (b) Conforming Amendment.--The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by adding after the item relating to section 179A the following new item: ``Sec. 179B. Election to expense certain environmental improvement property.''. (c) Effective Date.--The amendments made by this section applies to property placed in service in taxable years beginning after December 31, 1993.

Summary: Environmental Protection Encouragement Act of 1993 - Amends the Internal Revenue Code to allow the expensing of the cost of environmental improvement property.


SECTION 1. INTERSTATE TRANSPORTATION OF FIREARMS OR AMMUNITION. (a) In General.--Section 926A of title 18, United States Code, is amended to read as follows: ``Sec. 926A. Interstate transportation of firearms or ammunition ``(a) Notwithstanding any provision of any law, rule, or regulation of a State or any political subdivision thereof: ``(1) A person who is not prohibited by this chapter from possessing, transporting, shipping, or receiving a firearm or ammunition shall be entitled to transport a firearm for any lawful purpose from any place where the person may lawfully possess, carry, or transport the firearm to any other such place if, during the transportation, the firearm is unloaded, and-- ``(A) if the transportation is by motor vehicle, the firearm is not directly accessible from the passenger compartment of the vehicle, and, if the vehicle is without a compartment separate from the passenger compartment, the firearm is in a locked container other than the glove compartment or console, or is secured by a secure gun storage or safety device; or ``(B) if the transportation is by other means, the firearm is in a locked container or secured by a secure gun storage or safety device. ``(2) A person who is not prohibited by this chapter from possessing, transporting, shipping, or receiving a firearm or ammunition shall be entitled to transport ammunition, or any detachable magazine or feeding device for ammunition, for any lawful purpose from any place where the person may lawfully possess, carry, or transport the ammunition, magazine, or feeding device to any other such place if, during the transportation, the ammunition, magazine, or feeding device is not loaded into a firearm, and-- ``(A) if the transportation is by motor vehicle, the ammunition, magazine, or feeding device is not directly accessible from the passenger compartment of the vehicle, and, if the vehicle is without a compartment separate from the passenger compartment, the ammunition, magazine, or feeding device is in a locked container other than the glove compartment or console; or ``(B) if the transportation is by other means, the ammunition, magazine, or feeding device is in a locked container. ``(b) In subsection (a), the term `transport' includes staying in temporary lodging overnight, stopping for food, fuel, vehicle maintenance, an emergency, medical treatment, and any other activity incidental to the transport, but does not include transportation-- ``(1) with the intent to commit a crime punishable by imprisonment for a term exceeding one year that involves the use or threatened use of force against another; or ``(2) with knowledge, or reasonable cause to believe, that such a crime is to be committed in the course of, or arising from, the transportation. ``(c)(1) A person who is transporting a firearm, ammunition, magazine, or feeding device may not be arrested or otherwise detained for violation of any law or any rule or regulation of a State or any political subdivision thereof related solely to the possession, transportation, or carrying of firearms, ammunition, magazine, or feeding device unless there is probable cause to believe that the person is doing so in a manner not provided for in subsection (a). ``(2) When a person asserts this section as a defense in a criminal proceeding, the prosecution shall bear the burden of proving, beyond a reasonable doubt, that the conduct of the person did not satisfy the conditions set forth in subsection (a). ``(3) When a person successfully asserts this section as a defense in a criminal proceeding, the court shall award the prevailing defendant a reasonable attorney's fee. ``(d)(1) A person who is deprived of any right, privilege, or immunity secured by this section, section 926B or 926C, under color of any statute, ordinance, regulation, custom, or usage of any State or any political subdivision thereof, may bring an action in any appropriate court against any other person, including a State or political subdivision thereof, who causes the person to be subject to the deprivation, for damages and other appropriate relief. ``(2) The court shall award a plaintiff prevailing in an action brought under paragraph (1) damages and such other relief as the court deems appropriate, including a reasonable attorney's fee.''. (b) Clerical Amendment.--The table of sections for such chapter is amended in the item relating to section 926A by striking ``firearms'' and inserting ``firearms or ammunition''.

Summary: This bill amends the federal criminal code to revise provisions related to the interstate transportation of firearms and ammunition. An individual may transport a firearm between two places (e.g., states) where it is legal to possess, carry, or transport the firearm. During transport, the firearm must be unloaded and secured or securely stored. Additionally, an individual may transport ammunition, or a detachable magazine or feeding device, between two places where it is legal to possess, carry, or transport the ammunition, magazine, or feeding device. During transport, the ammunition, magazine, or feeding device must not be loaded into a firearm and must be securely stored. This bill prohibits the arrest or detention of an individual for a state or local firearm or ammunition violation unless there is probable cause to believe the individual failed to comply with the provisions of this bill.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Upper Mississippi Conservation and River Protection Act of 2013'' or the ``Upper Mississippi CARP Act''. SEC. 2. DEFINITIONS. In this Act, the following definitions apply: (1) Alternative technology barrier.--The term ``alternative technology barrier'' includes an electric barrier, acoustic barrier, bubble barrier, and such other barriers as the Secretary determines appropriate. (2) Asian carp.--The term ``Asian carp'' means-- (A) grass carp (Ctenopharyngodon idella); (B) silver carp (Hypophthalmichthys molitrix); (C) bighead carp (Hypophthalmichthys nobilis); and (D) black carp (Mylopharyngodon piceus). (3) Lock and dam 1.--The term ``Lock and Dam 1'' means the lock and dam located on Mississippi River mile 847.8 in Minneapolis, Minnesota. (4) Lock and dam 2.--The term ``Lock and Dam 2'' means the lock and dam located on Mississippi River mile 815.2 upstream of Hastings, Minnesota. (5) Lock and dam 4.--The term ``Lock and Dam 4'' means the lock and dam located on Mississippi River mile 752.8 in Alma, Wisconsin. (6) Secretary.--The term ``Secretary'' means the Secretary of the Army, acting through the Chief of Engineers. (7) Upper st. anthony falls lock and dam.--The term ``Upper St. Anthony Falls Lock and Dam'' means the lock and dam located on Mississippi River mile 853.9 in Minneapolis, Minnesota. SEC. 3. FEASIBILITY STUDY ON TEMPORARY CLOSURE OF UPPER ST. ANTHONY FALLS LOCK. (a) Study.--The Secretary shall conduct a study on the feasibility of temporary closure of the lock at the Upper St. Anthony Falls Lock and Dam to manage the threat of Asian carp traveling up the Mississippi River in the State of Minnesota. (b) Potential Impacts.--In conducting the study, the Secretary shall assess the potential impacts, including environmental and economic impacts of-- (1) temporary closure of the lock; and (2) continuing to operate the lock. (c) Consultation.--The Secretary shall carry out the study in consultation with the Secretary of the Interior and appropriate Federal, State, and local entities. (d) Public Comment.--In conducting the study, the Secretary shall provide an opportunity for, and take into consideration, public comment. (e) Report.--Not later than 6 months after the date of enactment of this Act, the Secretary shall submit to Congress a report on the results of the study. SEC. 4. FEASIBILITY STUDY ON USE OF OTHER ASIAN CARP CONTROL MEASURES. (a) Study.--The Secretary shall conduct a study on the feasibility of implementing control measures at the Upper St. Anthony Falls Lock and Dam and at Lock and Dam 1 to manage the threat of Asian carp traveling up the Mississippi River in the State of Minnesota. (b) Types of Control Measures.--The study shall include an examination of each of the following: (1) Permanent closure of the lock. (2) Modified lock operations. (3) Use of an alternative technology barrier. (4) Such other control measures as the Secretary determines appropriate. (c) Potential Impacts.--In conducting the study, the Secretary shall assess the potential impacts, including environmental and economic impacts of-- (1) implementing each of the control measures to be examined under subsection (b); and (2) not implementing any control measures. (d) Consultation.--The Secretary shall carry out the study in consultation with the Secretary of the Interior and appropriate Federal, State, and local entities. (e) Public Comment.--In conducting the study, the Secretary shall provide an opportunity for, and take into consideration, public comment. (f) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report on the results of the study. SEC. 5. CLOSURE OF LOCKS TO PREVENT SPREAD OF ASIAN CARP. (a) Discretionary Closure.--The Secretary may close the lock at the Upper St. Anthony Falls Lock and Dam if the Secretary determines in writing, based on the assessment of potential impacts under section 3(b), that closure of the lock is justified as a method to manage the threat of Asian carp traveling up the Mississippi River in the State of Minnesota. (b) Mandatory Closure.--The Secretary shall close the lock at the Upper St. Anthony Falls Lock and Dam if the Secretary determines that-- (1) one or more live adult Asian carp has been captured above Lock and Dam 2; or (2) one or more juvenile Asian carp has been captured above Lock and Dam 4. (c) Determinations by Secretary of the Interior.-- (1) Petitions.--If the Secretary of the Interior determines that an Asian carp has been captured that meets the criteria described in subsection (b)(1) or (b)(2), the Secretary of the Interior may transmit to the Secretary a petition for closure of the lock at the Upper St. Anthony Falls Lock and Dam. (2) Consideration.--After receiving a petition under paragraph (1), the Secretary shall-- (A) consider the recommendation contained in the petition and prepare a written response to the recommendation; and (B) transmit the petition and written response to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate and make the petition and written response available to the public by electronic means, including the Internet. (d) Period of Closure.--If the Secretary closes the lock under this section, the Secretary may reopen the lock after the Secretary determines in writing that adequate measures are in place to manage the threat of Asian carp moving upstream of the Upper St. Anthony Falls Lock and Dam. (e) Emergency Operations.--Nothing in this section shall prevent the Secretary from carrying out emergency lock operations necessary to mitigate flood damage. SEC. 6. ASIAN CARP CONTROL STRATEGY FRAMEWORK. The Council on Environmental Quality shall incorporate the Upper Mississippi River and tributaries, the Minnesota River, and the St. Croix River into the Asian Carp Control Strategy Framework of the Council. SEC. 7. SENSE OF CONGRESS. It is the sense of Congress that, to the maximum extent practicable, Federal agencies researching Asian carp control technologies should partner with State and local shareholders, giving priority to those collaborative partnerships in which the State and local shareholders contribute to the cost of the research.

Summary: Upper Mississippi Conservation and River Protection Act of 2013 or the Upper Mississippi CARP Act - Directs the Chief of Engineers to study the feasibility of: (1) temporarily closing the lock at the Upper St. Anthony Falls Lock and Dam (located on Mississippi River mile 853.9 in Minneapolis, Minnesota) to manage the threat of Asian carp traveling up the Mississippi River in Minnesota, and (2) implementing control measures at such lock and Lock and Dam 1 (located on Mississippi River mile 847.8 in Minneapolis, Minnesota), including permanently closing the locks, modifying lock operations, or using an alternative technology barrier, to manage such threat. Requires the Chief to assess the potential impacts, including environmental and economic impacts: (1) of temporary closure of such lock and of continuing to operate it, and (2) of implementing each of such control measures and of not implementing such measures. Authorizes the Chief to close such lock upon determining that closure is justified based on the assessment of potential impacts. Requires the Chief to close such lock upon determining that a live adult Asian carp has been captured above Lock and Dam 2 (located on Mississippi River mile 815.2 upstream of Hastings, Minnesota) or that a juvenile Asian carp has been captured above Lock and Dam 4 (located on Mississippi River mile 752.8 in Alma, Wisconsin). Authorizes the Secretary of the Interior, upon determining that an Asian carp has been captured at such a location, to transmit to the Chief a petition for closure of such lock. Allows the Chief to reopen the lock upon determining that adequate measures are in place to manage the threat. Directs the Council on Environmental Quality to incorporate the Upper Mississippi River and tributaries, the Minnesota River, and the St. Croix River into the Asian Carp Control Strategy Framework of the Council. Expresses the sense of Congress that federal agencies researching Asian carp control technologies should partner with state and local shareholders, giving priority to collaborative partnerships in which such shareholders contribute to the cost of the research.


SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Natural Disaster Mitigation Act of 2011''. SEC. 2. NONREFUNDABLE PERSONAL CREDIT FOR NATURAL DISASTER MITIGATION PROPERTY. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25D the following new section: ``SEC. 25E. NATURAL DISASTER MITIGATION PROPERTY. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 25 percent of the qualified natural disaster mitigation property expenditures made by the taxpayer during such taxable year in connection with a qualified principal residence of the taxpayer. ``(b) Maximum Credit.--The credit allowed under subsection (a) with respect to any principal residence of the taxpayer for any taxable year shall not exceed the excess of-- ``(1) $5,000 (half such amount in the case of a married individual filing a separate return), over ``(2) the aggregate amounts allowed as a credit under this section to the taxpayer (or the taxpayer's spouse) with respect to such residence for all prior taxable years. ``(c) Limitation Based on Amount of Tax.--In the case of a taxable year to which section 26(a)(2) does not apply, the credit allowed under subsection (a) for any taxable year shall not exceed the excess of-- ``(1) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(2) the sum of the credits allowable under this subpart (other than this section and sections 23, 24, and 25B) and section 27 for the taxable year. ``(d) Qualified Natural Disaster Mitigation Property Expenditure.-- For purposes of this section, the term `qualified natural disaster mitigation property expenditure' means an expenditure for-- ``(1) property to improve the strength of a roof deck attachment, ``(2) property to create a secondary water barrier to prevent water intrusion, ``(3) property to improve the durability of a roof covering, ``(4) property to brace gable-end walls, ``(5) property to reinforce the connection between a roof and supporting wall, ``(6) property to protect openings from penetration by windborne debris, ``(7) property to protect exterior doors and garages, ``(8) property to improve the natural resiliency of the property, including the restoration, establishment, or enhancement of aquatic resources (having the meanings given such terms by part 332 of title 33 of the Code of Federal Regulations), as prescribed by the Secretary after consultation with the Administrator of the Environmental Protection Agency and the Assistant Secretary of the Army for Civil Works, ``(9) seismic retrofitting, including property to increase resistance to seismic activity, ground motion, or soil failure due to earthquakes, or ``(10) such other measures to mitigate natural disaster damage to homes, as prescribed by the Secretary after consultation with the Administrator of the Federal Emergency Management Agency and, to the extent applicable, in accordance with section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note; Public Law 104- 113). ``(e) Qualified Principal Residence.--For purposes of this section, the term `qualified pricnipal residence' means the principal residence of the taxpayer (within the meaning of section 121) if such residence-- ``(1) is assessed by the locality in which it is located at a value which does not exceed 300 percent of the national median home price (determined as of the close of the taxable year for which the credit determined under this section is allowed), and ``(2) is not severe repetitive loss property (as defined in section 1361A of the National Flood Insurance Act (42 U.S.C. 4102a(b))). ``(f) Rules Related to Inspections and Labor Costs.--For purposes of this section-- ``(1) Inspection requirement.--An expenditure shall be taken into account in determining the qualified natural disaster mitigation property expenditures made by the taxpayer during the taxable year only if the installation of the property with respect to which such expenditure is made has been completed in a manner that is deemed to be adequate by an inspector that is licensed or certified by the State or other governmental authority, or its designee, having jurisdiction over inspectors in the area where the installed property is located. ``(2) Labor and inspection costs.--For purposes of this section, expenditures for labor costs properly allocable to the onsite preparation, assembly, or original installation of the property described in subsection (d) (including the cost of inspections referred to in paragraph (1)) shall be taken into account in determining the qualified natural disaster mitigation property expenditures made by the taxpayer during the taxable year. ``(g) Basis Adjustment.--For purposes of this section, if a credit is allowed under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so allowed.''. (b) Conforming Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Natural disaster mitigation property.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2011.

Summary: Natural Disaster Mitigation Act of 2011 - Amends the Internal Revenue Code to allow individual taxpayers a nonrefundable tax credit for 25% of their qualified natural disaster mitigation property expenditures, as defined by this Act, made in connection with the taxpayer's principal residence.