SECTION 1. SHORT TITLE. This Act may be cited as the ``Harbor Environmental Dredging and Management Act of 1993''. SEC. 2. DUMPING PERMIT PROGRAM FOR DREDGED MATERIAL. (a) General Procedures.--Section 103 of the Marine Protection, Research, and Sanctuaries Act of 1973 (33 U.S.C. 1413) is amended by redesignating subsections (d) and (e) as subsections (e) and (f), respectively, and by inserting after subsection (c) the following: ``(d) Procedure.--The following procedure applies concerning action by the Secretary with respect to an application for a permit under this section: ``(1) Notice.--Within 15 days after the date on which the Secretary receives an application for a permit under this section, the Secretary shall cause to be published a notice that contains-- ``(A) a description of the project; ``(B) such other information that the Secretary considers appropriate; and ``(C) an invitation for comment on the application and on any other matters of relevance, including the effect of approval of the application on endangered species, if appropriate, from interested Federal agencies, other public agencies, and private persons. ``(2) Information to be considered.--In making the determination required by subsection (a) regarding the application, the Secretary shall consider any comment or other information that the Secretary receives from interested agencies and persons during the 30-day period following the date on which the notice under paragraph (1) is published with respect to the application. ``(3) Deadline for hearing.--If the Secretary determines that a public hearing should be conducted with respect to the application, the Secretary shall complete the hearing within 30 days after the last day of the comment period for the application under paragraph (2). ``(4) Information to epa and other interested federal agencies.--Within 15 days after the date on which the Secretary receives all information pertaining to the application, the Secretary shall provide necessary and appropriate information concerning the application to the Administrator and to the heads of all other interested Federal agencies. Within 15 days of receiving such information, the Administrator and the heads of such other agencies shall review the information and request any additional information they deem necessary. ``(5) Concurrent evaluation of application.--The Secretary and the Administrator shall concurrently evaluate the application and, as appropriate and to the maximum extent possible, confer on the application in order to complete its consideration at the earliest possible date. ``(6) Deadline for determination by secretary.--The Secretary shall make a determination regarding whether or not to issue a permit under this section within 90 days after-- ``(A) the last day of the 30-day comment period for the application under paragraph (2); or ``(B) if a public hearing is held with respect to the application, the last day of the public hearing. ``(7) Standards.--The Secretary, in determining under subsection (a) whether or not the dumping proposed in the application will result in the unreasonable degradation or endangerment referred to in such subsection, shall-- ``(A) apply the applicable criteria and standards as such criteria and standards are in effect on the date of receipt of the application by the Secretary; and ``(B) disregard any change made to any such standard after such date of receipt. ``(8) Consideration of effect of failure to dredge.--In addition to applying the criteria referred to in section 102(a) in making the determination required by subsection (a), the Secretary shall also consider the effect that the failure to dredge the material concerned will have on human health and welfare, including economic, esthetic, and recreational values. ``(9) Time limits on process.--The Secretary and the Administrator shall make a determination regarding whether to issue a permit under this section within 165 days after the Secretary receives an application for the permit under this section.''. (b) Concurrence by Administrator.--Subsection (c) of such section is amended-- (1) by adding at the end of paragraph (1) the following: ``The Secretary shall provide the information requested within 15 days after the date of receipt of the request for the information from the Administrator.''; and (2) in paragraph (2) by striking ``45'' each place it appears and inserting ``30''. (c) Conforming Amendment.--Subsection (f) of such section, as redesignated by subsection (a) of this section, is amended by striking ``and (d)'' and inserting ``, (d), and (e)''. SEC. 3. DIOXIN CONTAMINATED SEDIMENT DISPOSAL STANDARD. Not later than 6 months after the date of the enactment of this Act, the Administrator of the Environmental Protection Agency, in consultation with the Secretary of the Army, shall develop a national standard for the disposal of sediments contaminated with dioxin. The standard shall apply, at a minimum, to determinations required to be made under subsection (a) of section 103 of the Marine Protection, Research, and Sanctuaries Act of 1973. SEC. 4. MUD DUMP CONTAINMENT ISLAND. (a) Plan.--The Administrator of the Environmental Protection Agency and the Secretary of the Army shall develop a plan for the construction of a containment island as an alternative to the Mud Dump Site, as defined in section 412(d) of the Water Resources Development Act of 1990, for the disposal of contaminated dredged material. The plan shall include, at a minimum, the following: (1) A recommended location for the island. (2) Proposed timetable for construction of the island, including public hearings, permit processes, and environmental impact statements. (3) An analysis and estimate of the cost of construction of the island and recommended financing mechanisms for the construction. (4) The status of decontamination technologies to be used on the contaminated materials. (b) Report.--Not later than 12 months after the date of the enactment of this Act, the Administrator and the Secretary shall submit to Congress the plan developed under subsection (a), together with recommendations for its implementation. SEC. 5. CONTAINMENT AND CLEAN-UP OF DIOXIN IN PASSAIC RIVER, NEW JERSEY. (a) Plan.--The Administrator of the Environmental Protection Agency and the Secretary of the Army, in consultation with State authorities, shall develop a comprehensive plan for the containment, clean-up, and prevention of dioxin contamination in the Passaic River basin in the vicinity of Newark, New Jersey. (b) Minimum Content Requirements.--The plan to be developed under this section shall include, at a minimum, the following: (1) A comprehensive strategy for monitoring, containing, and preventing the spread of dioxin in the Passaic River basin to Newark Bay. (2) A comprehensive strategy for the clean-up of dioxin in the Passaic River basin, including a proposed timetable, estimate of the cost, and financing mechanism for the clean-up. (3) A comprehensive strategy for preventing land activities from becoming new sources of dioxin pollution in the Passaic River basin and Newark Bay. (4) The status of sediment sources in Newark Bay. (c) Report.--Not later than 6 months after the date of the enactment of this Act, the Administrator and the Secretary shall submit to Congress the comprehensive plan developed under subsection (a), together with recommendations for its implementation. SEC. 6. CONSORTIUM OF DREDGED MATERIALS DISPOSAL PERMITTEES. The Secretary of the Army is authorized to approve the establishment of a consortium of permittees for the testing, permitting, and disposal of dredged materials in an effort to promote the cost-effective disposal and environmental management of dredged materials.

Summary: Harbor Environmental Dredging and Management Act of 1993 - Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to establish a procedure for actions on permit applications for the dumping of dredged material into ocean waters. Directs the Administrator of the Environmental Protection Agency to develop a national standard for the disposal of sediments contaminated with dioxin. Requires the Administrator and the Secretary of the Army to develop and submit to the Congress a plan for: (1) the construction of a containment island as an alternative to the Mud Dump Site in New Jersey for the disposal of contaminated dredged material; and (2) the containment, clean-up, and prevention of dioxin contamination in the Passaic River basin in the vicinity of Newark, New Jersey. Authorizes the Secretary to approve the establishment of a consortium of permittees for the testing, permitting, and disposal of dredged materials to promote the cost-effective disposal and environmental management of dredged materials.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Slate for Kids Online Act of 2018''. SEC. 2. ENHANCING THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT OF 1998. (a) Definitions.--Section 1302 of the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6501) is amended by adding at the end the following: ``(13) Delete.--The term `delete' means to remove personal information such that the information is not maintained in retrievable form and cannot be retrieved in the normal course of business.''. (b) Regulation of Unfair and Deceptive Acts and Practices in Connection With the Collection and Use of Personal Information From and About Children on the Internet.--Section 1303 of the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6502) is amended-- (1) in subsection (a), by adding at the end the following: ``(3) Failure to delete.--It is unlawful for an operator of a website or online service directed to children, or any operator that has actual knowledge that it is collecting personal information from a child, to fail to delete personal information collected from or about a child if a request for deletion is made pursuant to regulations prescribed under subsection (e).''; and (2) by adding at the end the following: ``(e) Right of an Individual To Delete Personal Information Collected When the Person Was a Child.-- ``(1) In general.--Not later than 1 year after the date of enactment of this subsection, the Commission shall promulgate under section 553 of title 5, United States Code, regulations that require the operator of any website or online service directed to children, or any operator that has actual knowledge that it has collected personal information from a child or maintains such personal information-- ``(A) to provide notice on the website of how an individual over the age of 13, or a legal guardian of an individual over the age of 13 acting with the knowledge and consent of the individual, can request that the operator delete all personal information in the possession of the operator that was collected from or about the individual when the individual was a child notwithstanding any parental consent that may have been provided when the individual was a child; ``(B) to promptly delete all personal information in the possession of the operator that was collected from or about an individual when the individual was a child when such deletion is requested by an individual over the age of 13 or by the legal guardian of such individual acting with the knowledge and consent of the individual, notwithstanding any parental consent that may have been provided when the individual was a child; ``(C) to provide written confirmation of deletion, after the deletion has occurred, to an individual or legal guardian of such individual who has requested such deletion pursuant to this subsection; and ``(D) to except from deletion personal information collected from or about a child-- ``(i) only to the extent that the personal information is necessary-- ``(I) to respond to judicial process; or ``(II) to the extent permitted under any other provision of law, to provide information to law enforcement agencies or for an investigation on a matter related to public safety; and ``(ii) if the operator retain such excepted personal information for only as long as reasonably necessary to fulfill the purpose for which the information has been excepted and that the excepted information not be used, disseminated or maintained in a form retrievable to anyone except for the purposes specified in this subparagraph.''. (c) Safe Harbors.--Section 1304 of the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6503) is amended-- (1) in subsection (a), by striking ``section 1303(b)'' and inserting ``subsections (b) and (e) of section 1303''; and (2) in subsection (b)(1), by striking ``subsection (b)'' and inserting ``subsections (b) and (e)''. (d) Actions by States.--Section 1305(a)(1) of the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6504(a)(1)) is amended by striking ``1303(b)'' and inserting ``subsection (b) or (e) of section 1303''.

Summary: Clean Slate for Kids Online Act of 2018 This bill amends the Children's Online Privacy Protection Act of 1998 to require the operator of any website or online service directed to children: to provide notice on the website about how an individual over age 13, or the guardian of an individual over 13, can request the deletion of all personal information in the operator's possession collected when the individual was a child; to promptly delete, upon request, all personal information in the operator's possession that was collected from or about the individual when the individual was a child; and to provide written confirmation of deletion. "Delete" means to remove personal information such that the information is not maintained in retrievable form and cannot be retrieved in the normal course of business. The bill allows a limited exception to the deletion requirement if the personal information collected from or about a child is necessary to respond to judicial process or to provide information to law enforcement agencies.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Cleaning Product Labeling Act of 2017''. SEC. 2. CLEANING PRODUCTS LABELING REQUIREMENT. (a) Labeling Requirement.--Beginning on the date that is 1 year after the date on which the Commission issues regulations under subsection (d), a cleaning product manufactured for sale, offered for sale, distributed in commerce, or imported to the United States after such date shall bear a label on the product's container or packaging with, and the manufacturer of the product shall include on the Internet website of the manufacturer (if the manufacturer maintains an Internet website), a complete and accurate list of all the product's ingredients, including the individual ingredients in dyes, fragrances, and preservatives. Ingredients shall be listed in accordance with the following: (1) Ingredients shall be listed in descending order of predominance in the product by weight, other than ingredients that constitute less than 1 percent of the product, which may be listed at the end in any order. (2) The list of ingredients on the Internet website of the product shall-- (A) include the CAS Registry Number of each ingredient; (B) include an explanation of each ingredient's purpose for being in the cleaning product; and (C) be available in English, Spanish, and any other language the Commission or Administration determines necessary to ensure that users of the product in the United States are informed as to the complete list of the product's ingredients and their function. (b) Treatment of Nonconforming Products.-- (1) Consumer products.--A cleaning product under the jurisdiction of the Commission that is not in conformity with the labeling requirements of subsection (a), including a product the manufacturer of which is not in compliance with the Internet website listing requirement with respect to such product, shall be treated as a substance defined in section 2(p) of the Federal Hazardous Substances Act (15 U.S.C. 1261(p)) for purposes of such Act. (2) Other cleaning products.--A cleaning product under the jurisdiction of the Occupational Safety and Health Administration that is not in conformity with the labeling requirements of subsection (a), including a product the manufacturer of which is not in compliance with the Internet website listing requirement with respect to such product, shall be treated as a product in violation of a rule promulgated under section 6 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655). (c) No Effect on Existing Labeling Requirements.--Nothing in this Act shall be interpreted as having any effect on any labeling requirements in effect before the date of enactment of this Act as described in section 2(p) of the Federal Hazardous Substances Act (15 U.S.C. 1261(p)), section 3 of the Poison Prevention Packaging Act of 1970 (15 U.S.C. 1472), or the Hazard Communication Standard of the Occupational Safety and Health Administration. (d) Rulemaking Authority of the Consumer Product Safety Commission.--Not later than 1 year after the date of the enactment of this Act, in consultation with the Administrator of the Environmental Protection Agency as necessary, the Commission shall issue regulations for cleaning products under the jurisdiction of the Commission-- (1) to ensure a standardized method of listing ingredients in an accessible, uniform, and legible manner on both the label and Internet website of a product as required by subsection (a); and (2) to provide for the effective enforcement of this Act. (e) Rulemaking Authority of the Occupational Safety and Health Administration.--Not later than 1 year after the date of the enactment of this Act, in consultation with the Administrator of the Environmental Protection Agency as necessary, the Secretary of Labor shall issue regulations, including occupational safety or health standards, for cleaning products under the jurisdiction of the Administration-- (1) to ensure a standardized method of listing ingredients in an accessible, uniform, and legible manner on both the label and website of a product as required by subsection (a); and (2) to provide for the effective enforcement of this Act. (f) Preservation of Existing Agency Jurisdiction.--Nothing in this Act shall be construed as having any effect on which cleaning products fall within the jurisdiction of the Commission or the Occupational Safety and Health Administration. SEC. 3. PUBLIC RIGHT TO KNOW PETITION. (a) Petition.--Any person may submit a petition to the agency of jurisdiction alleging that a cleaning product available in interstate commerce does not satisfy the labeling requirements of this Act, including a product the manufacturer of which is not in compliance with the requirement to list the product's ingredients on its Internet website. (b) Action by the Agency of Jurisdiction.--The agency of jurisdiction shall notify a petitioner of the receipt of a petition within 30 days after receipt of such petition. The agency shall investigate the claims made by the petition and make a determination as to the validity of such claims within 180 days after acknowledging the receipt of such petition. If the agency sustains the claim or claims made by the petition, the agency shall initiate the proper enforcement actions required by law. (c) Regulations.--The agency of jurisdiction may issue such regulations as it determines necessary to require that petitions include a reasonable evidentiary basis for the claims made therein. SEC. 4. RELATIONSHIP TO STATE LAWS. Nothing in this Act affects the right of a State or political subdivision of a State to adopt or enforce any regulation, requirement, or standard of performance that is different from, or in addition to, a regulation, requirement, liability, or standard of performance established pursuant to this Act unless compliance with both this Act and the State or political subdivision of a State regulation, requirement, or standard of performance is impossible, in which case the applicable provision of this Act shall control. SEC. 5. DEFINITIONS. In this Act: (1) Agency of jurisdiction.--The term ``agency of jurisdiction'' means the Occupational Safety and Health Administration with respect to cleaning products and matters under the jurisdiction of the Administration and the Commission with respect to cleaning products and matters under the jurisdiction of the Commission. (2) Air care product.--The term ``air care product'' means a mixture of one or more chemicals the purpose of which is to clean and freshen air or to deodorize and neutralize unwanted odors in the indoor air, including solid gels, air freshener spray, an outlet or battery operated air freshener, a hanging car air freshener, and a potpourri product. (3) Automotive product.--The term ``automotive product'' means a chemically formulated consumer product designed to maintain the appearance of a motor vehicle, but does not include automotive paint or a paint repair product. (4) Cleaning product.--The term ``cleaning product'' means any chemically formulated product used primarily for commercial, domestic, or institutional cleaning purposes, including an air care product, automotive product, disinfectant (except as provided in subparagraph (B)), and polish or floor maintenance product. Such term shall not include-- (A) any drug or cosmetic, including personal care items such as toothpaste, shampoo, and hand soap; or (B) a product labeled, advertised, marketed, and distributed for use only as a pesticide, as defined by section 2(u) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136(u)), including a disinfectant intended for use solely on critical or semi-critical devices as described by such section. (5) Commission.--The term ``Commission'' means the Consumer Product Safety Commission. (6) Ingredient.--The term ``ingredient'' means a chemical intentionally incorporated in a cleaning product, including-- (A) a chemical intentionally added to the product that provides a technical or functional effect; (B) the intentional breakdown product of a chemical that has an effect on the cleaning product; (C) with respect to a fragrance or preservative, each individual component part of the fragrance or preservative; and (D) any individual component of an ingredient or of an incidental ingredient that the Commission determines should be considered an ingredient. (7) Incidental ingredient.--The term ``incidental ingredient'' means a chemical in a cleaning product, including-- (A) any substance that is present by reason of having been added to a cleaning product during processing for its technical or functional effect; (B) a chemical that has no technical or functional effect but is present by reason of having been incorporated into the cleaning product as a component of an ingredient of another chemical; and (C) any contaminant that may form via reactions over the shelf life of a cleaning product and that may be present at levels where detection is technologically feasible. (8) Polish or floor maintenance product.--The term ``polish or floor maintenance product'' means a chemically formulated consumer product designed to polish, protect, or maintain furniture, floors, metal, leather, or other surfaces, including polish, wax, and restorer. (9) Secretary of labor.--The term ``Secretary of Labor'' means the Secretary of Labor, acting through the Assistant Secretary of Labor for Occupational Safety and Health.

Summary: Cleaning Product Labeling Act of 2017 This bill requires chemically formulated cleaning products to bear a label with, and requires manufacturers to include on their Internet websites, a list of all of the product's ingredients (including individual ingredients in dyes, fragrances, and preservatives) in descending order of predominance by weight, except that ingredients that constitute less than 1% of the product can be listed at the end in any order. Product websites must include: (1) the CAS Registry Number of each ingredient, and (2) an explanation of each ingredient's purpose. A product that is not in conformity with the labeling and website listing requirements shall be treated as: (1) a misbranded hazardous substance under the Federal Hazardous Substances Act if it is under the jurisdiction of the Consumer Product Safety Commission (CPSC), or (2) a violation of rules under the Occupational Safety and Health Act of 1970 if it is under the jurisdiction of the Occupational Safety and Health Administration (OSHA). The CPSC and OSHA must issue regulations to enforce this bill. A person may petition the CPSC or OSHA to investigate claims that a product does not satisfy these requirements.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to Inpatient Rehabilitation Therapy Act of 2017''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Intensive, coordinated medical rehabilitation provided in inpatient rehabilitation hospitals and units is critical to Medicare beneficiaries with injuries, illnesses, disabilities, and chronic conditions in order to return to health, full function, independent living, and a high quality of life. (2) The Centers for Medicare & Medicaid Services (in this section referred to as ``CMS'') uses an ``intensity of therapy'' requirement to help determine which Medicare beneficiaries are appropriate for treatment in an inpatient rehabilitation hospital or unit. CMS has interpreted the intensity of therapy requirement through application of the so- called ``Three Hour Rule'' (42 C.F.R. 412.622(a)(3)(ii)) which requires the patient to be able to participate in three hours of rehabilitation therapy per day, five days per week, or 15 hours of rehabilitation therapy over a one-week period. (3) Before 2010, CMS regulations explicitly stated that physical therapy, occupational therapy, speech therapy, and/or orthotics and prosthetics were counted toward the Three Hour Rule on an as-needed basis. In addition, CMS regulations stated that ``other therapeutic modalities'' that were determined by the physician and the rehabilitation team to be needed by the patient ``on a priority basis'' would qualify toward satisfaction of the rule (HCFA Ruling 85-2). (4) This language allowed recreational therapy to count toward satisfaction of the Three Hour Rule for patients who required this mix of therapies on a priority basis in the inpatient rehabilitation hospital or unit setting. (5) CMS by regulation (74 Fed. Reg. 39811 (August 7, 2009)) revised these prior regulations, effective January 1, 2010, by limiting the Three Hour Rule to recognize only four services (namely, physical, occupational, and speech therapy as well as orthotics and prosthetics) and removing the discretion of the physician and the rehabilitation team to count other therapeutic services needed by the patient toward satisfaction of the Three Hour Rule. As a result, recreational therapy services are often not available to patients who require medically necessary recreational therapy as part of their plan of care. (6) Recreational therapy is a treatment service designed to restore, remediate, and rehabilitate a patient's level of functioning and independence in life activities, to promote health and wellness as well as to reduce or eliminate the activity limitations and restrictions to participation in life situations caused by an illness or disabling condition. Recreational therapy in the inpatient rehabilitation hospital and unit setting is provided by qualified recreational therapists when required by the patient's condition and prescribed by a physician as part of a patient's plan of care. (b) Purpose.--It is the purpose of this Act to restore reliance on the professional judgment of the treating physician and the rehabilitation team when determining whether a Medicare patient meets the intensity of therapy requirement of an inpatient rehabilitation hospital or unit in order for that patient to gain access to the appropriate mix of medically necessary therapeutic rehabilitation services in that setting, including physical therapy, occupational therapy, and, as needed, speech therapy, orthotics and prosthetics, and recreational therapy. SEC. 3. INCLUDING RECREATIONAL THERAPY AMONG THE THERAPY MODALITIES THAT CONSTITUTE AN INTENSIVE REHABILITATION THERAPY PROGRAM IN DETERMINING THE MEDICAL NECESSITY OF SERVICES IN AN INPATIENT REHABILITATION FACILITY (IRF). (a) In General.--Section 1886(j) of the Social Security Act (42 U.S.C. 1395ww(j)) is amended by adding at the end the following new paragraph: ``(9) Including recreational therapy among therapy modalities that constitute an intensive rehabilitation therapy program in a rehabilitation facility.--The Secretary shall include recreational therapy services among the therapeutic modalities that constitute an intensive rehabilitation program in determining (pursuant to applicable regulations) whether inpatient services in a rehabilitation facility are reasonable and necessary under section 1862(a)(1)(A).''. (b) Effective Date.--The amendment made by section (a) shall apply to services furnished on or after January 1, 2018.

Summary: Access to Inpatient Rehabilitation Therapy Act of 2017 This bill amends title XVIII (Medicare) of the Social Security Act to require the Centers for Medicare & Medicaid Services, for purposes of determining whether inpatient rehabilitation-facility services are reasonable and necessary under Medicare, to include recreational-therapy services among the therapeutic modalities that constitute an intensive rehabilitation-therapy program.


SECTION 1. EXCHANGE OVERSIGHT. Subtitle D of title I of the Patient Protection and Affordable Care Act (42 U.S.C. 18021 et seq.) is amended by adding at the end the following: ``PART 6--EXCHANGE OVERSIGHT ``SEC. 1351. BOARD OF DIRECTORS AND CEO. ``(a) In General.--There is established the Marketplace Health Insurance Corporation headed by a Chief Executive Officer and directed by a Board of Directors, to oversee management of the Federal Exchange and State Exchanges, and to provide health insurance oversight. ``(b) CEO.-- ``(1) In general.--The President shall appoint a Chief Executive Officer, by and with the consent of the Senate, who shall be responsible for administering the Federal Exchange, for overseeing State Exchanges, and for health insurance oversight. ``(2) Authorities and duties.--The Chief Executive Officer shall-- ``(A) report directly to the President; ``(B) be accountable for implementation of the Federal Exchange and oversight of the State Exchanges; ``(C) be responsible for all Federal health insurance oversight; and ``(D) serve the public interest of individuals seeking health insurance, serve businesses seeking access to health coverage through the Exchanges, and ensure the efficient operation and function of the Exchanges. ``(3) Requirement.--To be eligible for appointment as Chief Executive Officer, an individual shall have a background in health care issues and private-sector management experience. ``(c) Board of Directors.-- ``(1) Establishment.--There is established a Board of Directors of the Marketplace Health Insurance Corporation. ``(2) Duties.--The Board of Directors shall advise the Chief Executive Officer on the operation of the Federal Exchange, implementation of the State Exchanges, and health insurance oversight, including-- ``(A) the functionality of healthcare.gov (or any subsequent Internet site), including SHOP exchanges; ``(B) ensuring that enrollment information is properly transferred from healthcare.gov (or any subsequent Internet site) to State Medicaid agencies; ``(C) accuracy of enrollee information submitted through the Exchanges; ``(D) ensuring the accuracy of advanced premium tax credits; ``(E) ensuring the accuracy of payment to insurers; ``(F) enhancement of the consumer experience when comparing plans, including out-of-pocket costs, and searching for a specific provider or drug formulary; ``(G) overseeing the selection of plans offered on the Federal Exchange, including sufficient network adequacy and transparency requirements; ``(H) providing recommendations to the Secretary of the Treasury with respect to the implementation of section 4980H of the Internal Revenue Code of 1986 and potential policy changes with respect to such section and associated reporting requirements; ``(I) creating an automated appeals system for healthcare.gov (or any subsequent Internet site); ``(J) overseeing the transition from a State Exchange to the Federal Exchange; ``(K) enabling online enrollment in health insurance plans through the Exchanges for small businesses and employee choice for employees of small businesses; ``(L) overseeing the Federal contracting related to healthcare.gov (or any subsequent Internet site); ``(M) providing recommendations to the Office of Personal Management on the oversight and administration of the multi-State plan program; and ``(N) additional matters, as determined by the Secretary of Health and Human Services, the Chief Executive Officer, or President. ``(3) Membership.--The Board of Directors shall be comprised of the following: ``(A) The Secretary of Health and Human Services. ``(B) The Administrator of the Centers for Medicare & Medicaid Services. ``(C) The Commissioner of the Internal Revenue Service. ``(D) The Administrator of the Small Business Administration. ``(E) Three representatives of the private sector who have demonstrated knowledge in individual health care coverage, small employer health care coverage, administering a public or private health care delivery system, operating complex information system technologies, or promoting health and wellness, appointed by the Comptroller General of the United States. ``(4) Terms.-- ``(A) Officers of the federal government.--Each member of the Board of Directors described in subparagraphs (A) through (D) of paragraph (3) shall serve for a term that is concurrent with the member's term as an officer within the Federal department or agency. ``(B) Other members.--Each member of the board described in paragraph (3)(E) shall be appointed for a term of 3 years and may be reappointed for a term of an additional 2 years. ``(5) Chairperson.--The Secretary of Health and Human Services shall serve as Chair of the Board of Directors. ``(d) Technical Advisory Committee.-- ``(1) In general.--To assist the Chief Executive Officer and Board of Directors in carrying out their duties, the Board of Directors shall establish a technical advisory committee. ``(2) Membership.--The technical advisory committee shall be comprised of the following: ``(A) One technical expert from the Centers for Medicare & Medicaid Administration. ``(B) One representative of the health insurance industry. ``(C) One representative of health care consumer groups. ``(D) One representative of the National Association of Insurance Commissioners. ``(E) One representative of the State Medicaid agencies. ``(F) One representative from the small business community. ``(G) One representative of Federal information technology contractors involved in the operation and development of healthcare.gov (or any subsequent Internet site). ``(H) At the discretion of the Chair of the Board of Directors, up to 2 additional members, selected by the Chair and approved by the Chief Executive Officer. ``(3) Chair.--The Chair of the Board of Directors shall appoint one member of the technical advisory committee to serve as Chair of such committee. ``(4) Terms.--Each member of the technical advisory committee shall be appointed for a term of 3 years and may be reappointed for a term of an additional 2 years. ``(e) Work Plan and Report.-- ``(1) Work plan.--Not later than 3 months after the date of enactment of this section, the Chief Executive Officer, in cooperation with the Board of Directors, shall develop a work plan with respect to duties described in subsection (c)(2), indicating the priority and schedule the Board of Directors will take in addressing such duties. The work plan shall be displayed on healthcare.gov (or any subsequent Internet site). ``(2) Annual report.--Not later than February 1 of each year, the Chief Executive Officer, in consultation with the Board of Directors, shall submit an annual report to the President and Congress on the status of the Federal Exchange and related insurance oversight, including progress made on the duties of the Chief Executive Officer and Board of Directors under subsection (c)(2) and remaining issues to be addressed to enhance the functionality of healthcare.gov (or any subsequent Internet site).''.

Summary: Amends the Patient Protection and Affordable Care Act to establish the Marketplace Health Insurance Corporation, with a Chief Executive Officer (CEO) and Board of Directors, to oversee health care exchanges and health insurance. Directs the President, with the consent of the Senate, to appoint as CEO an individual with a background in health care issues and private-sector management experience. Requires the Board of Directors to advise the CEO on issues including: (1) the functionality of healthcare.gov, (2) the selection of federal exchange health plans, (3) ensuring the accuracy of premium subsidies, and (4) the transition from a state exchange to the federal exchange. Requires the Board of Directors to establish a technical advisory committee to assist the Board of Directors and CEO in carrying out their duties.


SECTION 1. SHORT TITLE. This Act may be cited as the ``America's Cup Act of 2011''. SEC. 2. DEFINITIONS. In this Act: (1) 34th america's cup.--The term ``34th America's Cup''-- (A) means the sailing competitions, commencing in 2011, to be held in the United States in response to the challenge to the defending team from the United States, in accordance with the terms of the America's Cup governing Deed of Gift, dated October 24, 1887; and (B) if a United States yacht club successfully defends the America's Cup, includes additional sailing competitions conducted by America's Cup Race Management during the 1-year period beginning on the last date of such defense. (2) America's cup race management.--The term ``America's Cup Race Management'' means the entity established to provide for independent, professional, and neutral race management of the America's Cup sailing competitions. (3) Eligibility certification.--The term ``Eligibility Certification'' means a certification issued under section 4. (4) Eligible vessel.--The term ``eligible vessel'' means a competing vessel or supporting vessel of any registry that-- (A) is recognized by America's Cup Race Management as an official competing vessel, or supporting vessel of, the 34th America's Cup, as evidenced in writing to the Administrator of the Maritime Administration of the Department of Transportation; (B) transports not more than 25 individuals, in addition to the crew; (C) is not a ferry (as defined under section 2101(10b)) of title 46, United States Code; (D) does not transport individuals in point-to- point service for hire; and (E) does not transport merchandise between ports in the United States. (5) Supporting vessel.--The term ``supporting vessel'' means a vessel that is operating in support of the 34th America's Cup by-- (A) positioning a competing vessel on the race course; (B) transporting equipment and supplies utilized for the staging, operations, or broadcast of the competition; or (C) transporting individuals who-- (i) have not purchased tickets or directly paid for their passage; and (ii) who are engaged in the staging, operations, or broadcast of the competition, race team personnel, members of the media, or event sponsors. SEC. 3. AUTHORIZATION OF ELIGIBLE VESSELS. Notwithstanding sections 55102, 55103, and 55111 of title 46, United States Code, an eligible vessel, operating only in preparation for, or in connection with, the 34th America's Cup competition, may position competing vessels and may transport individuals and equipment and supplies utilized for the staging, operations, or broadcast of the competition from and around the ports in the United States. SEC. 4. CERTIFICATION. (a) Requirement.--A vessel may not operate under section 3 unless the vessel has received an Eligibility Certification. (b) Issuance.--The Administrator of the Maritime Administration of the Department of Transportation is authorized to issue an Eligibility Certification with respect to any vessel that the Administrator determines, in his or her sole discretion, meets the requirements set forth in section 2(4). SEC. 5. ENFORCEMENT. Notwithstanding sections 55102, 55103, and 55111 of title 46, United States Code, an Eligibility Certification shall be conclusive evidence to the Secretary of the Department of Homeland Security of the qualification of the vessel for which it has been issued to participate in the 34th America's Cup as a competing vessel or a supporting vessel. SEC. 6. PENALTY. Any vessel participating in the 34th America's Cup as a competing vessel or supporting vessel that has not received an Eligibility Certification or is not in compliance with section 12112 of title 46, United States Code, shall be subject to the applicable penalties provided in chapters 121 and 551 of title 46, United States Code. SEC. 7. VESSEL DOCUMENTATION EXEMPTION. (a) In General.--Notwithstanding sections 12112 and 12132 and chapter 551 of title 46, United States Code, the Secretary of the department in which the Coast Guard is operating may issue a certificate of documentation with a coastwise endorsement for each of the following vessels: (1) LNG GEMINI (United States official number 595752). (2) LNG LEO (United States official number 595753). (3) LNG VIRGO (United States official number 595755). (b) Limitation on Operation.--Coastwise trade authorized under subsection (a) shall be limited to carriage of natural gas, as that term is defined in section 3(13) of the Deepwater Port Act of 1974 (33 U.S.C. 1502(13)). (c) Termination of Effectiveness of Endorsements.--The coastwise endorsement issued under subsection (a) for a vessel shall expire on the date of the sale of the vessel by the owner of the vessel on the date of enactment of this Act to a person who is not related by ownership or control to such owner. SEC. 8. OPERATION OF DRY DOCK IN KETCHIKAN, ALASKA. A vessel transported in Dry Dock #2 (State of Alaska registration AIDEA FDD-2) is not merchandise for purposes of section 55102 of title 46, United States Code, if, during such transportation, Dry Dock #2 remains connected by a utility or other connecting line to pierside moorage located in Ketchikan, Alaska. Passed the Senate November 3, 2011. Attest: Secretary. 112th CONGRESS 1st Session S. 1759 _______________________________________________________________________ AN ACT To facilitate the hosting in the United States of the 34th America's Cup by authorizing certain eligible vessels to participate in activities related to the competition.

Summary: America's Cup Act of 2011 - Authorizes vessels operating in preparation for, or in connection with, the 34th America's Cup competition, that have been certified by the Administrator of the Maritime Administration to be eligible vessels, to position competing vessels and transport individuals, equipment, and supplies utilized for the staging, operations, or broadcast of the competition from and around U.S. ports. Deems such an eligibility certification to be conclusive evidence to the Secretary of the Department of Homeland Security (DHS) of the qualification of a vessel to participate in the competition. Subjects any vessel participating in the 34th America's Cup as a competing or supporting vessel that has not received an eligibility certification or that is not in compliance with provisions regarding coastwise endorsement to specified penalties. Directs the Secretary of the department in which the Coast Guard is operating to issue a certificate of documentation with a coastwise endorsement limited to the carriage of natural gas for the LNG GEMINI, the LNG LEO, and the LNG VIRGO. Terminates such endorsement if such a vessel's owner on the date of enactment of this Act sells it to a person who is not related by ownership or control. Declares that a vessel transported in Dry Dock #2 (Alaska registration AIDEA FDD-2) is not merchandise for purposes of requirements applicable to transporting merchandise between points in the United States to which the coastwise laws apply if, during such transportation, Dry Dock #2 remains connected by a utility or other connecting line to pier side moorage located in Ketchikan, Alaska.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Precision Agriculture Research, Education, and Information Dissemination Act of 1996''. SEC. 2. EMPHASIS ON COMPETITIVE GRANTS TO PROMOTE PRECISION AGRICULTURE. (a) Promotion of Precision Agriculture.--Subsection (k) of the Competitive, Special, and Facilities Research Grant Act (section 2 of Public Law 89-106; 7 U.S.C. 450i) is amended to read as follows: ``(k) Emphasis on Precision Agriculture.-- ``(1) Definitions.--In this subsection: ``(A) Advisory board.--The term `advisory board' means the National Agricultural Research, Extension, Education, and Economics Advisory Board established under section 1408 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3123). ``(B) Agricultural inputs.--The term `agricultural inputs' includes all farm management, agronomic, and field-applied agricultural production inputs, such as machinery, labor, time, fuel, irrigation water, commercial nutrients, livestock waste, crop protection chemicals, agronomic data and information, application and management services, seed, and other inputs used in agricultural production. ``(C) Precision agriculture.--The term `precision agriculture' means an integrated information- and production-based farming system that is designed to increase long-term site-specific and whole-farm production efficiencies, productivity, and profitability while minimizing unintended impacts on wildlife and the environment by-- ``(i) combining agricultural sciences, agricultural inputs and practices, agronomic production databases, and precision agriculture technologies to efficiently manage agronomic systems; ``(ii) gathering on-farm information pertaining to the variation and interaction of site-specific spatial and temporal factors affecting crop production; ``(iii) integrating the information with appropriate data derived from remote sensing and other precision agriculture technologies in a timely manner in order to facilitate on-farm decisionmaking; and ``(iv) using the information to prescribe and deliver site-specific application of agricultural inputs and management practices in agricultural production systems. ``(D) Precision agriculture technologies.--The term `precision agriculture technologies' includes-- ``(i) instrumentation and techniques ranging from sophisticated sensors and software systems to manual sampling and data collection tools that measure, record, and manage spatial and temporal data; ``(ii) technologies for searching out and assembling information necessary for sound agricultural production decisionmaking; ``(iii) open systems technologies for data networking and processing that produce valued systems for farm management decisionmaking, including high bandwidth networks, distributed processing, spatial databasing, object technology, global positioning systems, data modeling, high performance image processing, high resolution satellite imagery, digital orthophotgrammetry simulation, geographic information systems, computer aided design, and digital cartography; and ``(iv) machines that deliver information based management practices, including global positioning satellites, digital field mapping, on-the-go yield monitoring, automated pest scouting, and site-specific agricultural input application to accomplish the objectives of precision agriculture. ``(E) Systems research.--The term `systems research' means an integrated, coordinated, and iterative investigative process that considers the multiple interacting components and aspects of precision agriculture systems, including synthesis of new knowledge regarding the physical-chemical- biological processes and complex interactions with cropping and natural resource systems, precision agriculture technologies development and implementation, data and information collection and interpretation, production scale planning, production- scale implementation, and farm production efficiencies, productivity, and profitability. ``(2) Emphasis on research, education, and information dissemination grants.--The Secretary of Agriculture, in collaboration with the advisory board, shall ensure that research, education, and information dissemination grants made under subsection (b) are, where appropriate, consistent with the development and promotion of precision agriculture. Research, education, and information dissemination projects supported by the grants and designed to develop and demonstrate precision agriculture shall address 1 or more of the following: ``(A) The study and promotion of components of precision agriculture technologies using a systems research approach designed to increase long-term site- specific and whole-farm production efficiencies, productivity, and profitability. ``(B) The improvement in the understanding of agronomic systems, including soil, water, land cover, and meteorological variability. ``(C) The development, demonstration, and dissemination of information regarding precision agriculture technologies and systems into an integrated program. ``(D) The promotion of systems research and education projects focusing on the integration of the multiple aspects of precision agriculture, including development, production-scale implementation, and farm production efficiencies, productivity, and profitability. ``(E) The education of agricultural producers and consumers regarding the benefits of precision agriculture as it relates to increased long-term farm production efficiencies, productivity, and profitability, as well as the maintenance of the environment and improvements in international trade. ``(F) The provision of training and educational programs for State cooperative extension services agents, agricultural producers, agricultural input machinery, product, and service providers, and certified crop advisers and other professionals involved in the agricultural production and transfer of integrated precision agriculture technology. ``(3) Priorities for research, education, and information dissemination grants.--In making grants to eligible entities under subsection (b) regarding precision agriculture, the Secretary, in collaboration with the advisory board, shall give priority to research, education, and information dissemination projects that are designed to accomplish the following: ``(A) The use of precision agriculture technologies and a systems research approach to increase long-term site-specific and whole-farm production efficiencies, productivity, and profitability. ``(B) The integration of research, education, and information dissemination components in a practical and readily available manner so that the findings of the project will be made readily usable by farmers. ``(C) The promotion of the efficient use of agricultural inputs, rather than the uniform reduction in the use of agricultural inputs. ``(D) The maximization of the involvement and cooperation of precision agriculture producers, certified crop advisers, State cooperative extension services agents, and agricultural input machinery, product, and service providers in precision agriculture systems research projects involving on-farm research, education, and information dissemination of precision agriculture. ``(E) The cooperation among farms that are managed using precision agriculture farm production practices, nonprofit organizations, agribusinesses, agricultural input machinery, product, and service providers, land- grant colleges and universities, the State cooperative extension services, and Government agencies (including national laboratories). ``(F) The benefits of precision agriculture in relationship to global food production, reducing world hunger, world population trends, and efforts to maintain and enhance the environment. ``(G) The diversity of United States agricultural production, including production on family owned and operated farms, large acreage farms, small acreage farms, and mixed crop, specialty crop, commodity crop, and livestock operations. ``(H) The maximization of collaboration with multiple agencies and other partners that includes leveraging of funds and resources. ``(4) Education and information dissemination.-- ``(A) Reservation of funds for projects.--Of the funds allocated for competitive research grants under subsection (b) related to precision agriculture, the Secretary shall reserve a portion of the funds for education and information dissemination projects regarding precision agriculture. ``(B) Compliance with priorities for information dissemination.--In the dissemination of information derived from research projects regarding precision agriculture that are supported by grants made under subsection (b), the Secretary shall ensure that both employees of the Department of Agriculture and grant recipients comply with the priorities specified in paragraph (3). ``(5) Precision agriculture partnerships.-- ``(A) Establishment.--For the purposes of this section, the Secretary, in collaboration with the advisory board, shall encourage the establishment of appropriate multistate and national partnerships or consortia between-- ``(i) land-grant colleges and universities, State Agricultural Experiment Stations, State cooperative extension services, other colleges and universities with demonstrable expertise regarding precision agriculture, agencies of the Department of Agriculture, national laboratories, agribusinesses, agricultural equipment and input manufacturers and retailers, certified crop advisers, commodity organizations, other Federal or State government entities and agencies, and non- agricultural industries and nonprofit organizations with demonstrable expertise regarding precision agriculture; and ``(ii) the persons and entities described in clause (i) and agricultural producers and other land managers. ``(B) Partnership between national laboratories and department of agriculture.--The partnerships established pursuant to this paragraph shall include the partnership entered into (before the date of the enactment of this paragraph) by the Secretary of Energy, on behalf of the national laboratories, and the Secretary of Agriculture to promote cooperation and coordination between the national laboratories and agencies of the Department of Agriculture in the areas of systems research, technology research and development, and the transfer, utilization, and private-sector commercialization of technology. ``(C) Role of partnerships.--Partnerships described in subparagraphs (A) and (B) shall be eligible grantees for conducting systems research (including on-farm research) regarding precision agriculture and precision agriculture technologies. ``(6) Special aspects of research grants.--As part of a research project regarding precision agriculture that is funded under subsection (b), the grant recipient shall agree, to the extent practicable, to-- ``(A) study precision agriculture production systems that are located in areas that possess diverse crop, soil, climate, and physical characteristics; ``(B) study farms that are or have been managed using precision agriculture farm production practices that rely on the efficient use of agricultural inputs and precision agriculture technologies to increase farm production efficiency, productivity, and profitability; ``(C) conduct demonstration projects on farms that will be managed using precision agriculture; ``(D) take advantage of the experience and expertise of agricultural producers through their direct participation and leadership in projects; ``(E) utilize advanced access and communications technologies to transfer practical, reliable, and timely information to agricultural producers concerning precision agriculture practices, technologies, and systems; and ``(F) promote partnerships among producers, nonprofit organizations, agribusinesses, agricultural input machinery, product, and service providers, colleges and universities, the State cooperative extension services, and Government agencies (including national laboratories).''. (b) Reporting Requirements.--Subsection (l) of the Competitive, Special, and Facilities Research Grant Act (section 2 of Public Law 89- 106; 7 U.S.C. 450i) is amended to read as follows: ``(l) Reporting Requirements of Grant Recipients.--In addition to the recordkeeping responsibilities of recipients of assistance under this section, as prescribed by the Secretary under subsection (f), the Secretary shall prescribe regulations to require grant recipients to submit to the Secretary periodic reports regarding the research, education, and information dissemination activities supported with the assistance so as to enhance the usefulness of the monitoring and evaluation system developed by the Secretary under section 1413A(b) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3129(b)).''. (c) Entities Eligible for Grants.--Subsection (b)(1) of the Competitive, Special, and Facilities Research Grant Act (section 2 of Public Law 89-106; 7 U.S.C. 450i) is amended-- (1) by inserting after ``Federal agencies'' the following: ``(including laboratories as defined in section 12(d) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(d)))''; and (2) by inserting after ``corporations'' the following: ``(including agricultural input machinery, product, and service providers)''. (d) Precision Agriculture Research, Extension, and Education, Under Fund for Rural America.--Section 793(c)(2)(A) of the Federal Agriculture Improvement and Reform Act of 1996 (Public Law 104-127; 7 U.S.C. 2204f(c)(2)(A)) is amended-- (1) by striking ``and'' at the end of clause (vii); (2) by striking the period at the end of clause (viii) and inserting ``; and''; and (3) by inserting after clause (viii) the following: ``(ix) develop and promote precision agriculture and precision agriculture technologies using a systems research approach, as the terms are defined in subsection (k)(1) of the Competitive, Special, and Facilities Research Grant Act (section 2 of Public Law 89- 106; 7 U.S.C. 450i).''. (e) Technical Amendment.--Subsection (b)(9)(A) of the Competitive, Special, and Facilities Research Grant Act (section 2 of Public Law 89- 106; 7 U.S.C. 450i) is amended by striking ``subsection (j)'' and inserting ``subsection (k)''.

Summary: Precision Agriculture Research, Education, and Information Dissemination Act of 1996 - Amends the Competitive, Special, and Facilities Research Grant Act to emphasize competitive grants that promote precision agriculture (as defined by this Act) research projects and to promote dissemination of such projects' results. Provides for the establishment of multistate and national agriculture partnerships, including existing partnerships between national laboratories (Secretary of Energy) and the Department of Agriculture. Amends the Federal Agriculture Improvement and Reform Act of 1996 to include precision agriculture within the research categories of the Fund for Rural America.


SECTION 1. MODIFICATIONS TO ENCOURAGE CONTRIBUTIONS OF CAPITAL GAIN REAL PROPERTY MADE FOR CONSERVATION PURPOSES AND QUALIFIED CONSERVATION CONTRIBUTIONS. (a) Contributions of Capital Gain Real Property Made for Conservation Purposes and of Qualified Conservation Contributions Not Subject to Special Limitation on Contributions of Capital Gain Property.--Subparagraph (C) of section 170(b)(1) of the Internal Revenue Code of 1986 (relating to special limitation with respect to contributions described in subparagraph (A) of capital gain property) is amended by redesignating clause (iv) as clause (v) and by inserting after clause (iii) the following new clause: ``(iv) In the case of charitable contributions described in subparagraph (A) of capital gain property, clauses (i) and (ii) shall not apply to-- ``(I) any qualified conservation contribution (as defined in section 170(h)), or ``(II) any other contribution of capital gain property which is real property if the contribution is of the donor's entire interest in such property and is to a qualified organization (as defined in section 170(h)(3)) which is organized for conservation purposes (as defined in section 170(h)(4)(A)) and which provides the taxpayer, at the time of such donation, a letter of intent which contains an acknowledgment of the donee's intent that the property is being acquired for any such conservation purpose.''. (b) Unlimited Carryover for Contributions of Capital Gain Real Property for Conservation Purposes and of Qualified Conservation Contributions of Capital Gain Property.--Paragraph (1) of section 170(d) of such Code in amended by adding at the end the following new subparagraph: ``(C) Unlimited carryover for contributions of capital gain real property for conservation purposes and of qualified conservation contributions of capital gain property.--The 5 taxable year limitation in subparagraph (A) shall not apply to any charitable contribution to which clauses (i) and (ii) of subsection (b)(1)(C) do not apply by reason of clause (iv) thereof. For purposes of this paragraph, the excess described in the material preceding clause (i) of subparagraph (A) shall be treated as attributable to contributions described in the preceding sentence of this subparagraph to the extent of such contributions.''. (c) Effective Date.--The amendment made by this section shall apply to contributions made in taxable years beginning after the date of the enactment of this Act. SEC. 2. MODIFICATION OF RULES RELATING TO ESTATE TAX EXCLUSION FOR LAND SUBJECT TO QUALIFIED CONSERVATION EASEMENT. (a) Repeal of Certain Restrictions on Where Land Is Located.-- Clause (i) of section 2031(c)(8)(A) of the Internal Revenue Code of 1986 is amended to read as follows: ``(i) which is located in the United States or any possession of the United States,''. (b) Repeal of Limitation on Exclusion.-- (1) In general.--Paragraph (1) of section 2031(c) of such Code is amended by striking ``the lesser of--'' and all that follows and inserting ``the applicable percentage of the value of land subject to a qualified conservation easement, reduced by the amount of any deduction under section 2055(f) with respect to such land.'' (2) Conforming amendments.-- (A) Subsection (c) of section 2031 of such Code is amended by striking paragraph (3) and by redesignating paragraphs (4) through (10) as paragraphs (3) through (9), respectively. (B) Paragraphs (2) and (6) of section 2031(c) of such Code, as redesignated by subparagraph (A), are each amended by striking ``paragraph (5)'' and inserting ``paragraph (4)''. (C) Paragraphs (1), (6), and (7)(A)(iii) of section 2031(c) of such Code, as redesignated by subparagraph (A), are each amended by striking ``paragraph (6)'' and inserting ``paragraph (5)''. (c) Date for Determining Value of Land and Easement.--Paragraph (2) of section 2032(c) of such Code (defining applicable percentage) is amended by adding at the end the following new sentence: ``The values taken into account under the preceding sentence shall be such values as of the date of the contribution referred to in paragraph (7)(B).'' (d) Certain Commercial Recreational Uses Permitted.--Subparagraph (B) of section 2031(c)(7) of such Code, as redesignated by subsection (b), is amended to read as follows: ``(B) Qualified conservation easement.-- ``(i) In general.--The term `qualified conservation easement' means a qualified conservation contribution (as defined in section 170(h)(1)) of a qualified real property interest (as defined in section 170(h)(2)(C)), except that clause (iv) of section 170(h)(4)(A) shall not apply, and the restriction on the use of such interest described in section 170(h)(2)(C) shall include a prohibition on more than a de minimis use for a commercial recreational activity. ``(ii) Special rules.--For purposes of this paragraph-- ``(I) Retained rights.--Rights retained in the conservation easement to lease the land for hunting and fishing, so long as such leases are not inconsistent with the conservation purpose of the easement, shall be deemed to be de minimis use. ``(II) Pre-effective date easements.--Easements otherwise qualifying under the provisions of this subsection that were donated on or before the date of the enactment of this subclause, shall be deemed to allow no more than de minimis use for a commercial recreational activity unless by their terms they expressly provide for commercial recreational activity in excess of that otherwise allowed by this subparagraph. ``(III) Authority to extinguish right of commercial recreation activity.--For purposes of this section, if the executor of an estate and every person in being who has an interest in the land execute an agreement to amend or extinguish any right under the easement of commercial recreation activity in the land so as to ensure that such land is used for no more than de minimis commercial recreational activity, such agreement shall be treated as in effect as of the date of the election described in paragraph (5).'' (e) Effective Date.--The amendments made by this section shall apply to estates of decedents dying after the date of the enactment of this Act.

Summary: Amends the Internal Revenue Code to exclude contributions of any qualified conservation contribution or capital gain real property made for conservation purposes from the application of the special limitation on contributions of capital gain property and from the application of the five-year carryover limitation. Repeals specified property location restrictions on the estate tax exclusion for property subject to a qualified conservation easement.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Campaign Truth and Fairness Act of 1997''. SEC. 2. BAN ON SOFT MONEY IN ELECTIONS FOR FEDERAL OFFICE. (a) Soft Money of Committees of Political Parties.--Title III of the Federal Election Campaign Act of 1971 is amended by adding at the end the following new section: ``soft money of political party committees ``Sec. 323. (a) Limitations on National Committee.--(1) A national committee of a political party and the congressional campaign committees of a political party may not solicit or accept contributions or transfers not subject to the limitations, prohibitions, and reporting requirements of this Act. ``(2) Paragraph (1) shall not apply to contributions-- ``(A) that-- ``(i) are to be transferred to a State committee of a political party and are used solely for activities described in clauses (xi) through (xvii) of paragraph (9)(B) of section 301; or ``(ii) are described in section 301(8)(B)(viii); and ``(B) with respect to which contributors have been notified that the funds will be used solely for the purposes described in subparagraph (A). ``(b) Activities Subject to This Act.--Any amount solicited, received, expended, or disbursed directly or indirectly by a national, State, district, or local committee of a political party with respect to any of the following activities shall be subject to the limitations, prohibitions, and reporting requirements of this Act: ``(1)(A) Any get-out-the-vote activity conducted during a calendar year in which an election for the office of President is held. ``(B) Any other get-out-the-vote activity unless subsection (c)(2) applies to the activity. ``(2) Any generic campaign activity. ``(3) Any activity that identifies or promotes a Federal candidate, regardless of whether-- ``(A) a State or local candidate is also identified or promoted; or ``(B) any portion of the funds disbursed constitutes a contribution or expenditure under this Act. ``(4) Voter registration. ``(5) Development and maintenance of voter files during an even-numbered calendar year. ``(6) Any other activity that-- ``(A) significantly affects a Federal election, or ``(B) is not otherwise described in section 301(9)(B)(xvii). Any amount spent to raise funds that are used, in whole or in part, in connection with activities described in the preceding paragraphs shall be subject to the limitations, prohibitions, and reporting requirements of this Act. ``(c) Get-Out-The-Vote Activities By State, District, and Local Committees of Political Parties.--(1) Except as provided in paragraph (2), any get-out-the-vote activity for a State or local candidate, or for a ballot measure, which is conducted by a State, district, or local committee of a political party shall be subject to the limitations, prohibitions, and reporting requirements of this Act. ``(2) Paragraph (1) shall not apply to any activity which the State committee of a political party certifies to the Commission is an activity which-- ``(A) is conducted during a calendar year other than a calendar year in which an election for the office of President is held, ``(B) is exclusively on behalf of (and specifically identifies only) one or more State or local candidates or ballot measures, and ``(C) does not include any effort or means used to identify or turn out those identified to be supporters of any Federal candidate (including any activity that is undertaken in coordination with, or on behalf of, a candidate for Federal office). ``(d) State Party Grassroots Funds.--(1) A State committee of a political party may make disbursements and expenditures from its State Party Grassroots Fund only for-- ``(A) any generic campaign activity; ``(B) payments described in clauses (v), (x), and (xii) of paragraph (8)(B) and clauses (iv), (viii), and (ix) of paragraph (9)(B) of section 301; ``(C) subject to the limitations of section 315(d), payments described in clause (xii) of paragraph (8)(B), and clause (ix) of paragraph (9)(B), of section 301 on behalf of candidates other than for President and Vice President; ``(D) voter registration; and ``(E) development and maintenance of voter files during an even-numbered calendar year. ``(2) Notwithstanding section 315(a)(4), no funds may be transferred by a State committee of a political party from its State Party Grassroots Fund to any other State Party Grassroots Fund or to any other political committee, except a transfer may be made to a district or local committee of the same political party in the same State if such district or local committee-- ``(A) has established a separate segregated fund for the purposes described in paragraph (1); and ``(B) uses the transferred funds solely for those purposes. ``(e) Amounts Received by Grassroots Fund From State and Local Candidate Committees.--(1) Any amount received by a State Party Grassroots Fund from a State or local candidate committee for expenditures described in subsection (b) that are for the benefit of that candidate shall be treated as meeting the requirements of subsection (b) if-- ``(A) such amount is derived from funds which meet the requirements of this Act with respect to any limitation or prohibition as to source or dollar amount specified in section 315(a) (1)(A) and (2)(A); and ``(B) the State or local candidate committee-- ``(i) maintains, in the account from which payment is made, records of the sources and amounts of funds for purposes of determining whether such requirements are met; and ``(ii) certifies that such requirements were met. ``(2) For purposes of paragraph (1)(A), in determining whether the funds transferred meet the requirements of this Act described in such paragraph-- ``(A) a State or local candidate committee's cash on hand shall be treated as consisting of the funds most recently received by the committee, and ``(B) the committee must be able to demonstrate that its cash on hand contains sufficient funds meeting such requirements as are necessary to cover the transferred funds. ``(3) Notwithstanding paragraph (1), any State Party Grassroots Fund receiving any transfer described in paragraph (1) from a State or local candidate committee shall be required to meet the reporting requirements of this Act, and shall submit to the Commission all certifications received, with respect to receipt of the transfer from such candidate committee. ``(4) For purposes of this subsection, a State or local candidate committee is a committee established, financed, maintained, or controlled by a candidate for other than Federal office. ``(f) Related Entities.--The provisions of this Act shall apply to any entity that is established, financed, or maintained by a national committee or State committee of a political party in the same manner as they apply to the national or State committee.'' (b) Contributions and Expenditures.-- (1) Contributions.--Section 301(8)(B) of such Act (2 U.S.C. 431(8)(B)) is amended-- (A) by striking ``and'' at the end of clause (xiii); (B) by striking clause (xiv); and (C) by adding at the end the following new clauses: ``(xiv) any amount contributed to a candidate for other than Federal office; ``(xv) any amount received or expended to pay the costs of a State or local political convention; ``(xvi) any payment for campaign activities that are exclusively on behalf of (and specifically identify only) State or local candidates and do not identify any Federal candidate, and that are not activities described in section 323(b) (without regard to paragraph (6)(B)) or section 323(c)(1); ``(xvii) any payment for administrative expenses of a State or local committee of a political party, including expenses for-- ``(I) overhead, including party meetings; ``(II) staff (other than individuals devoting a significant amount of their time to elections for Federal office and individuals engaged in conducting get-out-the-vote activities for a Federal election); and ``(III) conducting party elections or caucuses; ``(xviii) any payment for research pertaining solely to State and local candidates and issues; ``(xix) any payment for development and maintenance of voter files other than during the 1-year period ending on the date during an even-numbered calendar year on which regularly scheduled general elections for Federal office occur; and ``(xx) any payment for any other activity which is solely for the purpose of influencing, and which solely affects, an election for non- Federal office and which is not an activity described in section 323(b) (without regard to paragraph (6)(B)) or section 323(c)(1).''. (2) Expenditures.--Section 301(9)(B) of such Act (2 U.S.C. 431(9)(B)) is amended-- (A) by striking ``and'' at the end of clause (ix); (B) by striking the period at the end of clause (x) and inserting a semicolon; and (C) by adding at the end the following new clauses: ``(xi) any amount contributed to a candidate for other than Federal office; ``(xii) any amount received or expended to pay the costs of a State or local political convention; ``(xiii) any payment for campaign activities that are exclusively on behalf of (and specifically identify only) State or local candidates and do not identify any Federal candidate, and that are not activities described in section 323(b) (without regard to paragraph (6)(B)) or section 323(c)(1); ``(xiv) any payment for administrative expenses of a State or local committee of a political party, including expenses for-- ``(I) overhead, including party meetings; ``(II) staff (other than individuals devoting a significant amount of their time to elections for Federal office and individuals engaged in conducting get-out-the-vote activities for a Federal election); and ``(III) conducting party elections or caucuses; ``(xv) any payment for research pertaining solely to State and local candidates and issues; ``(xvi) any payment for development and maintenance of voter files other than during the 1-year period ending on the date during an even-numbered calendar year on which regularly scheduled general elections for Federal office occur; and ``(xvii) any payment for any other activity which is solely for the purpose of influencing, and which solely affects, an election for non- Federal office and which is not an activity described in section 323(b) (without regard to paragraph (6)(B)) or section 323(c)(1).''. SEC. 3. EQUALIZATION OF MULTICANDIDATE POLITICAL COMMITTEE CANDIDATE CONTRIBUTION LIMITATION WITH LIMITATION APPLICABLE TO OTHER PERSONS. (a) Persons Generally.--Section 315(a)(1)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(1)(A)) is amended by striking out ``$1,000'' and inserting in lieu thereof ``$2,500''. (b) Multicandidate Political Committees.--Section 315(a)(2)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(2)(A)) is amended by striking out ``$5,000'' and inserting in lieu thereof ``$2,500''. SEC. 4. LIMITATION ON PERSONAL CONTRIBUTIONS BY CANDIDATES IN HOUSE OF REPRESENTATIVES ELECTIONS. Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a) is amended by adding at the end the following new subsection: ``(i) A candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress may not make contributions of more than $100,000 to the campaign of the candidate with respect to an election cycle. As used in this subsection, the term `election cycle' means, with respect to a candidate, the period beginning on the day after the date of the most recent general election for the office involved and ending on the date of the next general election for such office.''.

Summary: Campaign Truth and Fairness Act of 1997 - Amends the Federal Election Campaign Act of 1971 to prohibit a national committee or a congressional campaign committee of a political party from soliciting or accepting contributions or transfers not subject to the limitations, prohibitions, and reporting requirements of such Act (soft money). Specifies exceptions and inclusions, including get-out-the-vote activities. Specifies permitted State Party Grassroots Fund expenditures. Sets forth specified "contribution" and "expenditure" exclusions. Increases individual contribution limits to a candidate and his or her political committee, and decreases similar multicandidate political committee limits, to $2,500. Limits personal contributions by a candidate for the House of Representatives to $100,000 per campaign cycle.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Raoul Wallenberg Centennial Celebration Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Raoul Wallenberg was born in Europe on August 4, 1912, to Swedish Christian parents. (2) In 1935, he graduated from the University of Michigan in Ann Arbor. (3) In a letter to his grandfather, Wallenberg wrote of his time in America: ``I feel so at home in my little Ann Arbor that I'm beginning to sink down roots here and have a hard time imagining my leaving it . . . Every now and then I feel strange when I think about how tiny my own country is and how large and wonderful America is.''. (4) Raoul returned to Sweden, where he began a career as a businessman, and afterwards, a Swedish diplomat. (5) In 1936, Raoul's grandfather arranged a position for him at the Holland Bank in Haifa, Palestine. There, Raoul began to meet young Jews who had already been forced to flee from Nazi persecution in Germany. Their stories affected him deeply. (6) He was greatly troubled by the fate of Jews in Europe, confiding to actress Viveca Lindfors the horrific plight of Jews under Nazi Europe. (7) Under the direction of President Franklin D. Roosevelt, the War Refugee Board was established in January 1944, to aid civilians who fell victim to the Nazi and Axis powers in Europe. (8) One of War Refugee Board's top priorities was protection of the 750,000 remaining Jews in Hungary. (9) It was decided that Raoul Wallenberg, aged 31 at the time, would be most effective in protecting Jews and victims of the Nazis in Hungary under the War Refugee Board. He was recruited by Iver Olsen, an agent for the United States Office of Strategic Services and sent to Budapest, Hungary, under his official profession as a Swedish diplomat. He was instructed to use passports and other creative means to save as many lives as possible. (10) Wallenberg created a new Swedish passport, the Schutzpass, which looked more imposing and official than the actual Swedish passport. He reportedly put up huge placards of it throughout Budapest to familiarize the Nazis with it. He unilaterally announced that it granted the holder immunity from the death camps. The Schutzpasses alone are credited with saving 20,000 Jewish lives. (11) In one example of his heroism, Wallenberg was told of a Nazi plot to round up several thousand Jewish women and acted swiftly to save them. Former Wallenberg staffer, Agnes Adachi, recalls the time, when she and her colleagues spent the whole night making approximately 2,000 Schutzpasses before 6 a.m. They were all completed and personally delivered to the women in time to save their lives. (12) Using the money the United States deposited with the War Refugee Board, Wallenberg was able to purchase approximately 30 buildings, which he used as hospitals, schools, soup kitchens, and safe houses for over 8,000 children whose parents had already been deported or killed. (13) Tommy Lapid, a young boy who was staying with his mother in a Swedish safe house (his father was already dead), gave an eyewitness account of how his family was helped by Wallenberg and the War Refugee Board: ``One morning, a group of Hungarian Fascists came into the house and said that all the able-bodied women must go with them. We knew what this meant. My mother kissed me and I cried and she cried. We knew we were parting forever and she left me there, an orphan to all intents and purposes. Then two or three hours later, to my amazement, my mother returned with the other women. It seemed like a mirage, a miracle. My mother was there--she was alive and she was hugging me and kissing me, and she said one word: Wallenberg.''. (14) Even as the war was coming to a close, Wallenberg remained vigilant and attentive to the people under his care. Adolf Eichmann, the SS colonel charged with the extermination of Jews in Eastern Europe, was determined to exterminate the 70,000 Jews kept as prisoners in a guarded ghetto in Budapest. As soon as Wallenberg heard of the plot, he sent Pal Szalay, an Arrow-Crossman senior official, who defected and turned to Wallenberg. Szalay was sent to speak to General Schmidthuber, who was ordered to spearhead the ghetto extermination in Budapest. Szalay informed Schmidthuber that, seeing as the war was coming to an end, if the planned massacre took place, Wallenberg would see to it personally that Schmidthuber would be prosecuted as a war criminal and hanged. The plans were ultimately abandoned and considered Wallenberg's last big victory. (15) Of the 120,000 Jews in Hungary that survived, Raoul Wallenberg, acting under the War Refugee Board, is credited with saving an estimated 100,000 of them in a 6-month period. (16) These findings show that Raoul Wallenberg showed exceptional heroism and bravery with his actions during the Holocaust. Working with the War Refugee Board, a United States agency, he was able to save approximately 100,000 Jews in Hungary, many of whom were later able to immigrate to the United States. (17) Indeed, many American Jews can directly or indirectly attribute their own lives to Raoul Wallenberg's actions during World War II. Many of the people Wallenberg saved have been influential citizens contributing to American institutions and culture, including Congressman Tom Lantos (February 1, 1928- February 11, 2008) and the Liska Rebbe, Rabbi Yoizef (Joseph) Friedlander, who carried forth the Liska Hassidic dynasty from Hungary to the United States after being saved by Raoul Wallenberg. (18) His actions and character make him an excellent contender for a Congressional Gold Medal in time for the centennial of his birth, to celebrate his achievements and humanitarian accomplishments. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold medal of appropriate design to the next of kin or personal representative of Raoul Wallenberg, in recognition of his achievements and heroic actions during the Holocaust. (b) Design and Striking.--For the purpose of the presentation referred to in subsection (a), the Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. SEC. 4. DUPLICATE MEDALS. Under such regulations as the Secretary (in this Act referred to as the ``Secretary'') may prescribe, the Secretary may strike duplicate medals in bronze of the gold medal struck pursuant to section 3 and sell such duplicate medals at a price sufficient to cover the costs of the duplicate medals (including labor, materials, dies, use of machinery, overhead expenses) and the cost of the gold medal. SEC. 5. STATUS OF MEDALS. (a) National Medals.--The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE. (a) Authorization of Charges.--There is authorized to be charged against the United States Mint Public Enterprise Fund, such amounts as may be necessary to pay for the costs of the medals struck pursuant to this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under section 4 shall be deposited in the United States Mint Public Enterprise Fund.

Summary: Raoul Wallenberg Centennial Celebration Act - Directs The Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the presentation on behalf of the Congress of a gold medal of appropriate design to the next of kin or personal representative of Raoul Wallenberg in recognition of his achievements and heroic actions during the Holocaust.