SECTION 1. SHORT TITLE. This Act may be cited as the ``House Ethics Commission Establishment Act of 2007''. SEC. 2. ESTABLISHMENT OF HOUSE ETHICS COMMISSION. (a) Establishment.--There is established an independent ethics commission within the legislative branch of the Government to be known as the House Ethics Commission (in this Act referred to as the ``Commission''). (b) Membership and Terms of Office.--(1) The Commission shall consist of 12 individuals. Six former Democratic Members shall be appointed by the Republican leader and 6 former Republican Members by the Democratic leader of the House of Representatives. Except as provided by paragraph (2), the terms of all members of the Commission shall be 2 years and no member may serve for more than 6 years. (2) Of the members first appointed-- (A) 2 appointed by each leader shall be for a term of 2 years; (B) 2 appointed by each leader shall be for a term of 4 years; and (C) 2 appointed by each leader shall be for a term of 6 years; as designated by each such leader at the time of appointment. (c) Chairman and Vice Chairman.--The chairman and the vice chairman of the Commission shall be selected by the members of the Commission at its first meeting. No member may serve for more than one 2-year term as chairman and no member may serve for more than one 2-year term as vice chairman. (d) Qualifications.--Only former Members of the House of Representatives shall be eligible for appointment to the Commission. (1) Disqualifications for appointments.-- (A) Lobbying.--No individual who has been a lobbyist registered under the Lobbying Disclosure Act of 1995 or engages in, or is otherwise employed in, lobbying of the Congress or who is an agent of a foreign principal registered under the Foreign Agents Registration Act within the 4-year period immediately preceding appointment shall be eligible for appointment to, or service on, the Commission. (B) Incompatible office.--No member of the Commission appointed under subsection (b) may be an elected public official or an officer or employee of the Government. (2) Vacancies.--A vacancy on the Commission shall be filled in the manner in which the original appointment was made. (e) Compensation.--Members shall each be entitled to receive the daily equivalent of the maximum annual rate of basic pay in effect for Level III of the Executive Schedule for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Commission. (f) Quorum.--A majority of the members of the Commission shall constitute a quorum. (g) Meetings.--The Commission shall meet at the call of the chairman or a majority of its members. SEC. 3. DUTIES OF COMMISSION. The Commission is authorized-- (1) to investigate any alleged violation, by a Member, officer, or employee of the House of Representatives, of any law, rule, regulation, or other standard of conduct applicable to the conduct of such Member, officer, or employee in the performance of his duties or the discharge of his responsibilities, and after notice and hearing (unless the right to a hearing is waived by the Member, officer, or employee), shall report to the House of Representatives its findings of fact and recommendations, if any, upon the final disposition of any such investigation, and such action as the Commission may deem appropriate in the circumstances; (2) to issue any letter of reproval or admonishment with respect to such an alleged violation; (3) to report to the appropriate Federal or State authorities any substantial evidence of a violation, by a Member, officer, or employee of the House of Representatives, of any law applicable to the performance of his duties or the discharge of his responsibilities, which may have been disclosed in a Commission investigation; and (4) to adopt rules governing its procedures to provide protections to respondents comparable to those that were provided by clause 3 of rule XI of the Rules of the House of Representatives in effect immediately before the amendments to such rule made by section 8. SEC. 4. POWERS OF COMMISSION. (a) Hearings and Evidence.--The Commission or, on the authority of the Commission, the chairman or vice chairman, may, for the purpose of carrying out this Act-- (1) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, administer such oaths; and (2) subject to subsection (b), require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission or the chairman or vice chairman may determine advisable. (b) Subpoenas.-- (1) In general.--A subpoena may be issued only under the signature of the chairman or the vice chairman, and may be served by any person designated by the chairman or the vice chairman. (c) Obtaining Information.--Upon request of the Commission, the head of any agency or instrumentality of the Government shall furnish information deemed necessary by the panel to enable it to carry out its duties. SEC. 5. PROCEDURAL RULES. (a) Majority Approval.--No report or recommendation relating to the official conduct of a Member, officer, or employee of the House of Representatives shall be made by the Commission, and no investigation of such conduct shall be undertaken by the Commission, unless approved by the affirmative vote of a majority of the members of the Commission. (b) Investigations.--Except in the case of an investigation undertaken by the Commission on its own initiative, the Commission may undertake an investigation relating to the official conduct of an individual Member, officer, or employee of the House of Representatives only-- (1) upon receipt of a complaint, in writing and under oath, made by or submitted to a Member of the House of Representatives and transmitted to the Commission by such Member, or (2) upon receipt of a complaint from the chairman of the Committee on Standards of Official Conduct of the House of Representatives, in writing and under oath, made by that committee. (c) Prohibition of Certain Investigations.--No investigation shall be undertaken by the Commission of any alleged violation of a law, rule, regulation, or standard of conduct not in effect at the time of the alleged violation. (d) Disclosure.--No information or testimony received, or the contents of a complaint or the fact of its filing, shall be publicly disclosed by any member of the Commission or staff of the Commission unless specifically authorized in each instance by a vote of the Commission. SEC. 6. STAFF OF COMMISSION. The Commission may appoint and fix the compensation of such staff as the Commission considers necessary to perform its duties. The director shall be appointed jointly by the Speaker and minority leader and shall be paid at a rate not to exceed the rate of basic pay payable for Level III of the Executive Schedule. SEC. 7. ACTION ON COMMISSION RECOMMENDATIONS. (a) Printing of Reports in Congressional Record.--Upon receipt by the Committee on Standards of Official Conduct of the House of Representatives of any report of the Commission, the Speaker of the House of Representatives shall have the report printed in the Congressional Record. (b) House Consideration of Independent Ethics Commission Recommendations.--Within 14 calendar days after a report referred to in subsection (a) is printed in the Congressional Record, that portion of the report recommending action by the House of Representatives respecting any alleged violation, by a Member, officer, or employee of the House of Representatives, of any law, rule, regulation, or other standard of conduct applicable to the conduct of such Member, officer, or employee in the performance of his duties or the discharge of his responsibilities shall be introduced (by request) in the House by the Speaker of the House, for himself and the minority leader of the House in the form of a resolution. This resolution shall constitute a question of privilege under rule IX of the Rules of the House of Representatives. Any Member favoring the resolution may call it up as a question of privilege but only on the third day after the calendar date upon which such Member announces to the House his intention to do so. SEC. 8. AMENDMENTS TO THE RULES OF THE HOUSE TO CHANGE THE DUTIES OF THE COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT. (a) House Rules Amendments.--Clause 3 of rule XI of the Rules of the House of Representatives is amended as follows: (1) In paragraph (a), strike subparagraphs (1), (2), and (3), and redesignate subparagraphs (4), (5), and (6), as subparagraphs (1), (2), and (3), respectively. (2)(A) Paragraph (b)(1) is amended by striking ``(A)'', by striking ``a resolution, report, recommendation, or'' and inserting ``an'', and by striking ``, or, except as provided in subparagraph (2), undertake an investigation'', and by striking subdivision (B). (B) Paragraph (b) is further amended by striking subparagraphs (2), (3), (4), and (5) and by redesignating subparagraphs (6) and (7) as subparagraphs (2) and (3), respectively. (3) Strike paragraphs (j) (k), (l), (m), (n), (o), (p), and (q). (b) Conforming Amendments.--Section 803 of the Ethics Reform Act of 1989 (2 U.S.C. 29d) is amended by striking subsections (c) and (d). SEC. 9. EFFECTIVE DATE. This Act shall take effect upon the date of its enactment, except that sections 3, 4, and 8 shall not take effect until the later of 6 months after such date of enactment or immediately prior to noon January 3, 2009.

Summary: House Ethics Commission Establishment Act of 2007 - Establishes an independent House Ethics Commission within the legislative branch. Amends Rule XI (Procedures of Committees and Unfinished Business) of the Rules of the House of Representatives to revise the duties of the Committee on Standards of Official Conduct to conform with this Act.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Common Sense Spending Act of 2005''. SEC. 2. EXTENSION OF DISCRETIONARY SPENDING LIMITS. (a) Adjustments to Discretionary Spending Limits.--In the matter that precedes subparagraph (A) of section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985, strike ``through 2002''. (b) Discretionary Spending Limit.--Section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended as follows: (1) Strike paragraphs (1) through (16) and insert the following new paragraphs: ``(1) with respect to fiscal year 2006, for the discretionary category: $837,196,960,000 in total new budget authority of which not less than $434,139,940,000 shall be for the defense category and of which not less than $32,180,020,000 shall be for homeland security activities outside of the defense category and $906,352,000,000 in total outlays of which not less than $439,419,000,000 shall be for the defense category and of which not less than $30,854,000,000 in total outlays shall be for the homeland security category outside of the defense category; ``(2) with respect to fiscal year 2007, for the discretionary category: an amount of new budget authority equal to the amount of total new budget authority specified in paragraph (1) adjusted to reflect the change in Consumer Price Index over the previous 12 months prior to October 1, 2005; ``(3) with respect to fiscal year 2008, for the discretionary category: an amount of new budget authority equal to the amount of total new budget authority provided under paragraph (2) adjusted to reflect the change in Consumer Price Index over the previous 12 months prior to October 1, 2006; ``(4) with respect to fiscal year 2009, for the discretionary category: an amount of new budget authority equal to the amount of total new budget authority specified in paragraph (3) adjusted to reflect the change in Consumer Price Index over the previous 12 months prior to October 1, 2007; and ``(5) with respect to fiscal year 2010, for the discretionary category: an amount of new budget authority equal to the amount of total new budget authority specified in paragraph (4) adjusted to reflect the change in Consumer Price Index over the previous 12 months prior to October 1, 2008;''. (c) Adjustments to Discretionary Spending Limits.-- (1) Section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking subparagraphs (C) through (H) and by inserting after subparagraph (B) the following new subparagraph: ``(C) Accrual accounting.--If a bill or joint resolution is enacted that charges Federal agencies for the full cost of accrued Federal retirement and health benefits and a bill or joint resolution making appropriations is enacted that provides new budget authority to carry out the legislation charging Federal agencies for such accrued costs, the adjustment shall be equal to the reduction in mandatory budget authority and the outlays flowing therefrom estimated to result from the legislation charging Federal agencies for such accrued costs.''. (2) Section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking the last sentence. (d) Definition of Consumer Price Index.--Section 3 of the Congressional Budget and Impoundment Control Act of 1974 is amended by adding at the end the following new paragraph: ``(11) The term `Consumer Price Index' refers to the Consumer Price Index for All Urban Consumers (all items; United States city average), published by the Bureau of Labor Statistics.''. SEC. 3. EXTENSION OF PAY-AS-YOU-GO. Section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows: ``SEC. 252. ENFORCING PAY-AS-YOU-GO. ``(a) Purpose.--The purpose of this section is to assure that any legislation enacted before October 1, 2010, affecting direct spending that increases the deficit will trigger an offsetting sequestration. ``(b) Sequestration.-- ``(1) Timing.--Not later than 15 calendar days after the date Congress adjourns to end a session and on the same day as a sequestration (if any) under section 251, there shall be a sequestration to offset the amount of any net deficit increase caused by all direct spending legislation enacted before October 1, 2010, as calculated under paragraph (2). ``(2) Calculation of deficit increase.--OMB shall calculate the amount of deficit increase or decrease by adding-- ``(A) all OMB estimates for the budget year of direct spending legislation transmitted under subsection (d); ``(B) the estimated amount of savings in direct spending programs applicable to budget year resulting from the prior year's sequestration under this section or, if any, as published in OMB's final sequestration report for that prior year; and ``(C) any net deficit increase or decrease in the current year resulting from all OMB estimates for the current year of direct spending legislation transmitted under subsection (d) of this section that were not reflected in the final OMB sequestration report for the current year. ``(D) for fiscal year 2005, before making the calculations required in subparagraphs (A) through (C), OMB shall assume an automatic deficit increase of $8,400,000,000. ``(c) Eliminating a Deficit Increase.--(1) The amount required to be sequestered in a fiscal year under subsection (b) shall be obtained from non-exempt direct spending accounts from actions taken in the following order: ``(A) First.--All reductions in automatic spending increases specified in section 256(a) shall be made. ``(B) Second.--If additional reductions in direct spending accounts are required to be made, the maximum reductions permissible under sections 256(b) (guaranteed and direct student loans) and 256(c) (foster care and adoption assistance) shall be made. ``(C) Third.--(i) If additional reductions in direct spending accounts are required to be made, each remaining non-exempt direct spending account shall be reduced by the uniform percentage necessary to make the reductions in direct spending required by paragraph (1); except that the medicare programs specified in section 256(d) shall not be reduced by more than 4 percent and the uniform percentage applicable to all other direct spending programs under this paragraph shall be increased (if necessary) to a level sufficient to achieve the required reduction in direct spending. ``(ii) For purposes of determining reductions under clause (i), outlay reductions (as a result of sequestration of Commodity Credit Corporation commodity price support contracts in the fiscal year of a sequestration) that would occur in the following fiscal year shall be credited as outlay reductions in the fiscal year of the sequestration. ``(2) For purposes of this subsection, accounts shall be assumed to be at the level in the baseline for fiscal year 2006 and for fiscal years 2007 through 2010 at the baseline after adjusting for any sequester in fiscal year 2005. ``(d) Estimates.-- ``(1) CBO estimates.--As soon as practicable after Congress completes action on any direct spending, CBO shall provide an estimate to OMB of that legislation. ``(2) OMB estimates.--Not later than 7 calendar days (excluding Saturdays, Sundays, and legal holidays) after the date of enactment of any direct spending, OMB shall transmit a report to the House of Representatives and to the Senate containing-- ``(A) the CBO estimate of that legislation; ``(B) an OMB estimate of that legislation using current economic and technical assumptions; and ``(C) an explanation of any difference between the 2 estimates. ``(3) Significant differences.--If during the preparation of the report under paragraph (2) OMB determines that there is a significant difference between the OMB and CBO estimates, OMB shall consult with the Committees on the Budget of the House of Representatives and the Senate regarding that difference and that consultation, to the extent practicable, shall include written communication to such committees that affords such committees the opportunity to comment before the issuance of that report. ``(4) Scope of estimates.--The estimates under this section shall include the amount of change in outlays for the current year (if applicable), the budget year, and each outyear excluding any amounts resulting from-- ``(A) full funding of, and continuation of, the deposit insurance guarantee commitment in effect under current estimates; and ``(B) emergency provisions as designated under subsection (e). ``(5) Scorekeeping guidelines.--OMB and CBO, after consultation with each other and the Committees on the Budget of the House of Representatives and the Senate, shall-- ``(A) determine common scorekeeping guidelines; and ``(B) in conformance with such guidelines, prepare estimates under this section. ``(e) Emergency Legislation.--If a provision of direct spending legislation is enacted that the President designates as an emergency requirement and that the Congress so designates in statute, the amounts of new budget authority, outlays, and receipts in all fiscal years resulting from that provision shall be designated as an emergency requirement in the reports required under subsection (d) of this section.''. SEC. 4. CONFORMING AMENDMENTS. (a) Expiration.--(1) Section 254(c)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking ``2002'' and inserting ``2010''. (2) Section 254(f)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking ``2002'' and inserting ``2010''. (b) Expiration.--Section 275(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking ``2002'' and inserting ``2010''. SEC. 5. EMERGENCY SPENDING LEGISLATION AND THE BASELINE. (a) In General.--Section 257(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting ``, except for emergency appropriations covered by section 251(b)(2)(A) and emergency legislation covered by section 252(e)'' before the period. (b) Direct Spending and Receipts.--Section 257(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new subparagraph: ``(E) Emergency legislation covered by section 252(e) shall not be extended in the baseline.''. (c) Discretionary Appropriations.--Section 257(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new paragraph: ``(7) Emergency appropriations covered by section 251(b)(2)(A) shall not be extended in the baseline.''. SEC. 6. OMB EMERGENCY CRITERIA. (a) Definition of Emergency.--Section 3 of the Congressional Budget and Impoundment Control Act of 1974 (as amended by section 2(d) is further amended by adding at the end the following new paragraph: ``(12)(A) The term `emergency' means a situation that-- ``(i) requires new budget authority and outlays (or new budget authority and the outlays flowing therefrom) for the prevention or mitigation of, or response to, loss of life or property, or a threat to national security; and ``(ii) is unanticipated. ``(B) As used in subparagraph (A), the term `unanticipated' means that the underlying situation is-- ``(i) sudden, which means quickly coming into being or not building up over time; ``(ii) urgent, which means a pressing and compelling need requiring immediate action; ``(iii) unforeseen, which means not predicted or anticipated as an emerging need; and ``(iv) temporary, which means not of a permanent duration.''. (b) Conforming Amendment.--Section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new paragraph: ``(20) The term `emergency' has the meaning given to such term in section 3 of the Congressional Budget and Impoundment Control Act of 1974.''. SEC. 7. RULE RESPECTING DESIGNATION OF LEGISLATIVE PROVISION AS AN EMERGENCY. (a) In General.--Title III of the Congressional Budget Act of 1974 is amended by adding at the end the following new section: ``rule respecting designation of legislative provision as an emergency ``Sec. 316. (a) Guidance.--In making a designation of a provision of legislation as an emergency requirement under section 251(b)(2)(A) or 252(e) of the Balanced Budget and Emergency Deficit Control Act of 1985, the committee report and any statement of managers accompanying that legislation shall analyze whether a proposed emergency requirement meets the definition of an `emergency' set out in section 3 of the Congressional Budget and Impoundment Control Act of 1974. ``(b) In General.--It shall not be in order in the Senate or the House of Representatives to consider any bill, joint resolution, or conference report that contains an emergency designation under section 251(b)(2)(A) or 252(e) of the Balanced Budget and Emergency Deficit Control Act of 1985 unless the proposed emergency requirement meets the definition of an `emergency' set out in section 3 of the Congressional Budget and Impoundment Control Act of 1974. ``(c) Waiver and Appeal in the Senate.--This section may be waived or suspended in the Senate only by an affirmative vote of three-fifths of the Members, duly chosen and sworn. An affirmative vote of three- fifths of the Members of the Senate, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under this section. ``(d) Enforcement in the House of Representatives.--It shall not be in order in the House of Representatives to consider a rule or order that waives the application of subsection (b). ``(e) Disposition of Points of Order in the House.--As disposition of a point of order under subsection (b) or subsection (d), the Chair shall put the question of consideration with respect to the proposition that is the subject of the point of order. A question of consideration under this section shall be debatable for 10 minutes by the Member initiating the point of order and for 10 minutes by an opponent of the point of order, but shall otherwise be decided without intervening motion except one that the House adjourn or that the Committee of the Whole rise, as the case may be. ``(f) Effect on Amendment in Order as Original Text in the House.-- The disposition of the question of consideration under this section with respect to a bill or joint resolution shall be considered also to determine the question of consideration under this subsection with respect to an amendment made in order as original text.''. (b) Conforming Amendment.--The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 315 the following new item: ``Sec. 316. Rule respecting designation of legislative provision as an emergency.''.

Summary: Common Sense Spending Act of 2005 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to extend discretionary spending limits through FY 2010. Repeals requirements for inclusion in a sequestration report of adjustments to discretionary limits for: (1) continuing disability reviews by the Social Security Administration; (2) specified allowances for the International Monetary Fund and international arrearages; (3) any earned income tax credit compliance initiative; (4) adoption incentive payments; and (5) conservation spending. Requires an adjustment to discretionary spending limits equal to the estimated resulting reduction in mandatory budget authority and outlays utilizing accrual methods, if enacted legislation charges Federal agencies for the full cost of accrued Federal retirement and health benefits, and an appropriations Act provides new budget authority to carry out such legislation. Revises PAYGO requirements to remove receipts from the requirement that any legislation enacted before FY 2011 affecting direct spending (currently, direct spending and receipts) that increases the deficit will trigger an offsetting sequestration. Revises the formula for calculating the amount of deficit increase or decrease by the Office of Management and Budget (OMB). Requires OMB to assume an automatic deficit increase of $8.4 billion before making such calculations for FY 2005. States that, with respect to eliminating a deficit increase, accounts shall be assumed to be at the level in the baseline for FY 2006 and for FY 2007 through 2010 at the baseline after adjusting for any sequester in FY 2005. Revises the definition of baseline to exclude emergency appropriations and legislation. Prohibits such emergency appropriations from being extended in the baseline. Amends the Congressional Budget Act of 1974 to require that the committee report and any statement of managers accompanying proposed legislation analyze whether a proposed emergency requirement meets a specified definition of "emergency." Prohibits the consideration of any such legislation that does not meet this "emergency" definition.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Green Railcar Enhancement Act of 2010''. SEC. 2. CREDIT FOR FREIGHT RAILCAR REPLACEMENT OR MODERNIZATION. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45R. FREIGHT RAILCAR REPLACEMENT OR MODERNIZATION CREDIT. ``(a) General Rule.--For purposes of section 38, the freight railcar replacement or modernization credit determined under this section for the taxable year is an amount equal to 25 percent of the sum of-- ``(1) the basis of any qualified freight railcar placed in service by the taxpayer during the taxable year, plus ``(2) the qualified freight railcar rebuild expenditures of the taxpayer for the taxable year. ``(b) Qualified Freight Railcar.-- ``(1) In general.--For purposes of this section, the term `qualified freight railcar' means a freight railcar which-- ``(A) is acquired or rebuilt by the taxpayer pursuant to a binding agreement entered into after the date of the enactment of this section, and ``(B) meets the capacity or fuel efficiency improvement requirements of paragraph (2). ``(2) Capacity or fuel efficiency requirements.-- ``(A) In general.--A freight railcar shall be treated as meeting the capacity or fuel efficiency requirements of this paragraph if-- ``(i) in the case of a freight railcar which is acquired by the taxpayer during the taxable year (`replacement railcar'), the taxpayer identifies another railcar (although not necessarily one being used for an identical purpose) which the taxpayer certifies-- ``(I) was removed permanently from service as a freight railcar during the taxable year, or ``(II) is being rebuilt in such a manner as to achieve a significant improvement in capacity or fuel efficiency, or ``(ii) in the case of a freight railcar rebuilt by the taxpayer, such rebuilding results in a significant improvement in capacity or fuel efficiency. ``(B) Ownership not required.--For purposes of subparagraph (A)(i), such other railcar may be one owned by the taxpayer or one owned by another taxpayer, so long as there exists a binding agreement to so remove or rebuild the railcar. ``(C) Significant improvement.--For purposes of subparagraph (A), an improvement in capacity or fuel efficiency with respect to a freight railcar shall be treated as significant if such capacity or fuel efficiency, as the case may be, is increased by at least 8 percent. ``(c) Qualified Freight Railcar Rebuild Expenditure.--For purposes of this section, the term `qualified freight railcar rebuild expenditure' means any amount paid or incurred-- ``(1) in connection with the modification of a freight railcar resulting in such railcar being a qualified freight railcar, and ``(2) which is properly chargeable to a capital account with respect to such freight railcar. ``(d) Other Special Rules.-- ``(1) Coordination with other credits.--Any amount taken into account in determining the credit under this section may not be taken into account in determining a credit under any other provision of this title. ``(2) Basis adjustment.--For purposes of this subtitle, if a credit is allowed under subsection (a) with respect to any qualified freight railcar, the basis of such railcar shall be reduced by the amount of the credit so allowed. ``(3) Sale-leaseback.--For purposes of subsection (a)(1), if any qualified freight railcar is-- ``(A) originally placed in service by a person after [the date of the enactment of this section], and ``(B) sold and leased back by such person within 3 months after the railcars are originally placed in service (or, in the case of more than 1 railcar subject to the same lease, within 3 months after the date the final railcar is placed in service, so long as the period between the time the first railcar is placed in service and the time the last railcar is placed in service does not exceed 12 months), such railcars shall be treated as originally placed in service not earlier than the date on which such railcars are used under the leaseback referred to in subparagraph (B). ``(4) Syndication.--For purposes of subsection (a)(1), if-- ``(A) any qualified freight railcar is originally placed in service after the date of enactment of this section by the lessor of such railcar, ``(B) such railcar is sold by such lessor or any subsequent purchaser within 3 months after the date such railcar was originally placed in service (or, in the case of more than 1 railcar subject to the same lease, within 3 months after the date the final railcar is placed in service and the time the last railcar is placed in service does not exceed 12 months), and ``(C) the user of such railcar after the last sale during such 3-month period remains the same as when such railcar was originally placed in service, such railcars shall be treated as originally placed in service not earlier than the date of such last sale. ``(5) Recapture.--The benefit of any credit allowable under subsection (a) shall, under regulations prescribed by the Secretary, be recaptured with respect to any qualified freight railcar that is sold or otherwise disposed of by the taxpayer during the 5-year period beginning on the date on which such railcar is originally placed in service. The preceding sentence shall not apply to a qualified freight railcar that is sold by and subsequently leased back to the taxpayer. ``(6) Reporting requirements.--The Secretary, in consultation with the Surface Transportation Board, may develop appropriate reporting requirements for taxpayers utilizing this credit. ``(e) Termination.--This section shall not apply to any freight railcars acquired, or with respect to which at least 50 percent of the rebuilding is completed, after December 31, 2011.''. (b) Credit Allowed as Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (34), by striking the period at the end of paragraph (35) and inserting ``, plus'' and by adding at the end the following new paragraph: ``(36) the freight railcar replacement or modernization credit determined under section 45R.''. (c) Coordination With Section 55.--Section 38(c)(4)(B) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of clause (vii), by striking the period at the end of clause (viii) and inserting ``, and'' and by adding at the end the following new clause: ``(ix) the credit determined under section 45R.''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 45Q the following new item: ``Sec. 45R. Freight railcar replacement or modernization credit.''. (e) Effective Date.--The amendments made by this section shall apply to property placed in service, and amounts paid or incurred, after December 31, 2009.

Summary: Green Railcar Enhancement Act of 2010 - Amends the Internal Revenue Code to allow, through 2011, a new business-related tax credit for 25% of the cost of acquiring or rebuilding freight railcars which achieve an increase in capacity or fuel efficiency of at least 8%.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Sexual Assault Prevention and Health Care Enhancement Act''. SEC. 2. COMPREHENSIVE POLICY ON REPORTING AND TRACKING SEXUAL ASSAULT INCIDENTS AND OTHER SAFETY INCIDENTS. (a) Policy.--Subchapter I of chapter 17 of title 38, United States Code, is amended by adding at the end the following: ``Sec. 1709. Comprehensive policy on reporting and tracking sexual assault incidents and other safety incidents ``(a) Policy Required.--Not later than March 1, 2012, the Secretary of Veterans Affairs shall develop and implement a centralized and comprehensive policy on the reporting and tracking of sexual assault incidents and other safety incidents that occur at each medical facility of the Department, including-- ``(1) suspected, alleged, attempted, or confirmed cases of sexual assault, regardless of whether such assaults lead to prosecution or conviction; ``(2) criminal and purposefully unsafe acts; ``(3) alcohol or substance abuse related acts (including by employees of the Department); and ``(4) any kind of event involving alleged or suspected abuse of a patient. ``(b) Scope.--The policy required by subsection (a) shall cover each of the following: ``(1) For purposes of reporting and tracking sexual assault incidents and other safety incidents, definitions of the terms-- ``(A) `safety incident'; ``(B) `sexual assault'; and ``(C) `sexual assault incident'. ``(2) The development and use of specific risk-assessment tools to examine any risks related to sexual assault that a veteran may pose while being treated at a medical facility of the Department, including clear and consistent guidance on the collection of information related to-- ``(A) the legal history of the veteran; and ``(B) the medical record of the veteran. ``(3) The mandatory training of employees of the Department on security issues, including awareness, preparedness, precautions, and police assistance. ``(4) The mandatory implementation, use, and regular testing of appropriate physical security precautions and equipment, including surveillance camera systems, computer- based panic alarm systems, stationary panic alarms, and electronic portable personal panic alarms. ``(5) Clear, consistent, and comprehensive criteria and guidance with respect to an employee of the Department communicating and reporting sexual assault incidents and other safety incidents to-- ``(A) supervisory personnel of the employee at-- ``(i) a medical facility of the Department; ``(ii) an office of a Veterans Integrated Service Network; and ``(iii) the central office of the Veterans Health Administration; and ``(B) a law enforcement official of the Department. ``(6) Clear and consistent criteria and guidelines with respect to an employee of the Department referring and reporting to the Office of Inspector General of the Department sexual assault incidents and other safety incidents that meet the regulatory criminal threshold in accordance with section 1.201 and 1.204 of title 38, Code of Federal Regulations. ``(7) An accountable oversight system within the Veterans Health Administration that includes-- ``(A) systematic information sharing of reported sexual assault incidents and other safety incidents among officials of the Administration who have programmatic responsibility; and ``(B) a centralized reporting, tracking, and monitoring system for such incidents. ``(8) Consistent procedures and systems for law enforcement officials of the Department with respect to investigating, tracking, and closing reported sexual assault incidents and other safety incidents. ``(9) Clear and consistent guidance for the clinical management of the treatment of sexual assaults that are reported more than 72 hours after the assault. ``(c) Updates to Policy.--The Secretary shall review and revise the policy required by subsection (a) on a periodic basis as the Secretary considers appropriate and in accordance with best practices. ``(d) Annual Report.--(1) Not later than 60 days after the date on which the Secretary develops the policy required by subsection (a), and by not later than October 1 of each year thereafter, the Secretary shall submit to the Committee on Veterans' Affairs of the House of Representatives and the Committee on Veterans' Affairs of the Senate a report on the implementation of the policy. ``(2) The report under paragraph (1) shall include-- ``(A) the number and type of sexual assault incidents and other safety incidents reported by each medical facility of the Department; ``(B) a detailed description of the implementation of the policy required by subsection (a), including any revisions made to such policy from the previous year; and ``(C) the effectiveness of such policy on improving the safety and security of the medical facilities of the Department, including the performance measures used to evaluate such effectiveness. ``(e) Regulations.--The Secretary shall prescribe regulations to carry out this section.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding after the item relating to section 1708 the following: ``1709. Comprehensive policy on reporting and tracking sexual assault incidents and other safety incidents.''. (c) Interim Report.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the House of Representatives and the Committee on Veterans' Affairs of the Senate a report on the development of the performance measures described in section 1709(d)(2)(C) of title 38, United States Code, as added by subsection (a). SEC. 3. INCREASED FLEXIBILITY IN ESTABLISHING PAYMENT RATES FOR NURSING HOME CARE PROVIDED BY STATE HOMES. (a) In General.-- (1) Contracts and agreements for nursing home care.-- Section 1745(a) of title 38, United States Code, is amended-- (A) in paragraph (1), by striking ``The Secretary shall pay each State home for nursing home care at the rate determined under paragraph (2)'' and inserting ``The Secretary shall enter into a contract (or agreement under section 1720(c)(1) of this title) with each State home for payment by the Secretary for nursing home care provided in the home''; and (B) by striking paragraph (2) and inserting the following new paragraph (2): ``(2) Payment under each contract (or agreement) between the Secretary and a State home under paragraph (1) shall be based on a methodology, developed by the Secretary in consultation with the State home, to adequately reimburse the State home for the care provided by the State home under the contract (or agreement).''. (2) State nursing homes.--Section 1720(c)(1)(A) of such title is amended-- (A) in clause (i), by striking ``; and'' and inserting a semicolon; (B) in clause (ii), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new clause: ``(iii) a provider of services eligible to enter into a contract pursuant to section 1745(a) of this title who is not otherwise described in clause (i) or (ii).''. (b) Effective Date.--The amendment made by subsection (a) shall apply to care provided on or after January 1, 2012. SEC. 4. REHABILITATIVE SERVICES FOR VETERANS WITH TRAUMATIC BRAIN INJURY. (a) Rehabilitation Plans and Services.--Section 1710C of title 38, United States Code, is amended-- (1) in subsection (a)(1), by inserting before the semicolon the following: ``with the goal of maximizing the individual's independence''; (2) in subsection (b)-- (A) in paragraph (1)-- (i) by inserting ``(and sustaining improvement in)'' after ``improving''; (ii) by inserting ``behavioral,'' after ``cognitive''; (B) in paragraph (2), by inserting ``rehabilitative services and'' before ``rehabilitative components''; and (C) in paragraph (3)-- (i) by striking ``treatments'' the first place it appears and inserting ``services''; and (ii) by striking ``treatments and'' the second place it appears; and (3) by adding at the end the following new subsection: ``(h) Rehabilitative Services Defined.--For purposes of this section, and sections 1710D and 1710E of this title, the term `rehabilitative services' includes-- ``(1) rehabilitative services, as defined in section 1701 of this title; ``(2) treatment and services (which may be of ongoing duration) to sustain, and prevent loss of, functional gains that have been achieved; and ``(3) any other rehabilitative services or supports that may contribute to maximizing an individual's independence.''. (b) Rehabilitation Services in Comprehensive Program for Long-term Rehabilitation.--Section 1710D(a) of title 38, United States Code, is amended-- (1) by inserting ``and rehabilitative services (as defined in section 1710C of this title)'' after ``long-term care''; and (2) by striking ``treatment''. (c) Rehabilitation Services in Authority for Cooperative Agreements for Use of Non-Department Facilities for Rehabilitation.--Section 1710E(a) of title 38, United States Code, is amended by inserting ``, including rehabilitative services (as defined in section 1710C of this title),'' after ``medical services''. (d) Technical Amendment.--Section 1710C(c)(2)(S) of title 38, United States Code, is amended by striking ``opthamologist'' and inserting ``ophthalmologist''. SEC. 5. USE OF SERVICE DOGS ON PROPERTY OF THE DEPARTMENT OF VETERANS AFFAIRS. Section 901 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(f) The Secretary may not prohibit the use of service dogs in any facility or on any property of the Department or in any facility or on any property that receives funding from the Secretary.''. SEC. 6. DEPARTMENT OF VETERANS AFFAIRS PILOT PROGRAM ON DOG TRAINING THERAPY. (a) In General.--Commencing not later than 120 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall implement a three-year pilot program for the purpose of assessing the effectiveness of using dog training activities as a component of integrated post-deployment mental health and post-traumatic stress disorder rehabilitation programs at Department of Veterans Affairs medical centers to positively affect veterans with post-deployment mental health conditions and post-traumatic stress disorder symptoms and, through such activities, to produce specially trained dogs that meet criteria for becoming service dogs for veterans with disabilities. (b) Location of Pilot Program.--The pilot program shall be carried out at one Department of Veterans Affairs medical center selected by the Secretary for such purpose at a location other than in the Department of Veterans Affairs Palo Alto health care system in Palo Alto, California. In selecting a medical center for the pilot program, the Secretary shall-- (1) ensure that the medical center selected-- (A) has an established mental health rehabilitation program that includes a clinical focus on rehabilitation treatment of post-deployment mental health conditions and post-traumatic stress disorder; and (B) has a demonstrated capability and capacity to incorporate service dog training activities into the rehabilitation program; and (2) shall review and consider using recommendations published by Assistance Dogs International, International Guide Dog Federation, or comparably recognized experts in the art and science of basic dog training with regard to space, equipments, and methodologies. (c) Design of Pilot Program.--In carrying out the pilot program, the Secretary shall-- (1) administer the program through the Department of Veterans Affairs Patient Care Services Office as a collaborative effort between the Rehabilitation Office and the Office of Mental Health Services; (2) ensure that the national pilot program lead of the Patient Care Services Office has sufficient administrative experience to oversee the pilot program; (3) establish partnerships through memorandums of understanding with Assistance Dogs International organizations, International Guide Dog Federation organizations, academic affiliates, or organizations with equivalent credentials with experience in teaching others to train service dogs for the purpose of advising the Department of Veterans Affairs regarding the design, development, and implementation of pilot program; (4) ensure that the pilot program site has a service dog training instructor; (5) ensure that dogs selected for use in the program meet all health clearance, age, and temperament criteria as outlined by Assistance Dogs International, International Guide Dog Federation, or an organization with equivalent credentials and the Centers for Disease Control and Prevention; (6) consider dogs residing in animal shelters or foster homes for participation in the program if such dogs meet the selection criteria under this subsection; and (7) ensure that each dog selected for the program is taught all basic commands and behaviors essential to being accepted by an accredited service dog training organization to be partnered with a disabled veteran for final individualized service dog training tailored to meet the needs of the veteran. (d) Veteran Participation.--A veteran who is enrolled in the health care system established under section 1705(a) of title 38, United States Code, and is diagnosed with post-traumatic stress disorder or another post-deployment mental health condition may volunteer to participate in the pilot program required by subsection (a) of this section and may participate in the program if the Secretary determines that adequate program resources are available for such veteran to participate at the pilot program site. (e) Hiring Preference.--In hiring service dog training instructors for the pilot program required by subsection (a), the Secretary shall give a preference to veterans in accordance with section 2108 and 3309 of title 5, United States Code. (f) Collection of Data.--The Secretary shall collect data on the pilot program required by subsection (a) to determine the effectiveness of the program in positively affecting veterans with post-traumatic stress disorder or other post-deployment mental health condition symptoms and the potential for expanding the program to additional Department of Veterans Affairs medical centers. Such data shall be collected and analyzed using valid and reliable methodologies and instruments. (g) Reports to Congress.-- (1) Annual reports.--Not later than one year after the date of the commencement of the pilot program, and annually thereafter for the duration of the pilot program, the Secretary shall submit to Congress a report on the pilot program. Each such report shall include-- (A) the number of veterans participating in the pilot program; (B) a description of the services carried out by the Secretary under the pilot program; and (C) the effects that participating in the pilot program has on veterans with post-traumatic stress disorder and post-deployment mental health conditions. (2) Final report.--At the conclusion of pilot program, the Secretary shall submit to Congress a final report that includes recommendations with respect to the extension or expansion of the pilot program. (h) Definition.--For the purposes of this section, the term ``service dog training instructor'' means an instructor recognized by an accredited dog organization training program who provides hands-on training in the art and science of service dog training and handling. SEC. 7. ELIMINATION OF ANNUAL REPORT ON STAFFING FOR NURSE POSITIONS. Section 7451(e) of title 38, United States Code, is amended-- (1) by striking paragraph (5); and (2) by redesignating paragraph (6) as paragraph (5). Passed the House of Representatives October 11, 2011. Attest: KAREN L. HAAS, Clerk.

Summary: Veterans Sexual Assault Prevention and Health Care Enhancement Act - (Sec. 2) Directs the Secretary of Veterans Affairs to develop and implement a centralized and comprehensive policy on reporting and tracking sexual assaults and other safety incidents at each medical facility of the Department of Veterans Affairs (VA), including: (1) risk-assessment tools; (2) mandatory security training; (3) physical security precautions (surveillance camera systems and panic alarm systems); (4) criteria and guidance for employees communicating and reporting incidents to specified supervisory personnel, VA law enforcement officials, and the Office of Inspector General; (5) an oversight system within the Veterans Health Administration; (6) procedures for VA law enforcement officials investigating, tracking, and closing reported incidents; and (7) clinical guidance for treating sexual assaults reported over 72 hours after assault. Requires the Secretary to submit to the congressional veterans committees: (1) an interim report on the policy's effectiveness on improving the safety and security of such facilities, and (2) annual reports on such incidents and policy implementation. (Sec. 3) Requires VA payments to state nursing homes for care provided to veterans to be based on a methodology which reimburses such home for care provided under contract. (Under current law, such payments are made according to a prescribed rate.) Includes entities eligible to enter into such contracts as authorized VA nursing home, adult day health care, or other extended care providers. (Sec. 4) Includes the goal of maximizing the individual's independence within an individualized plan for the rehabilitation of veterans with traumatic brain injury (TBI). Includes within plan objectives the sustaining of improvement in cognitive, behavioral, and vocational functioning. Includes within the VA definition of "rehabilitative services" treatment and services to sustain and prevent loss of functional gains, as well as any other services or supports that may contribute to maximizing an individual's independence. Includes rehabilitation services within: (1) comprehensive programs for long-term rehabilitation of veterans with TBI, and (2) cooperative agreements for the use of non-VA facilities for neurorehabilitation and recovery programs for such veterans. (Sec. 5) Prohibits the Secretary from disallowing the use of service dogs in any VA facility or property, or in any facility or property that receives VA funding. (Sec. 6) Directs the Secretary to implement a three-year pilot program to assess the effectiveness of using dog training activities as a component of integrated post-deployment mental health and post-traumatic stress disorder (PTSD) rehabilitation programs at VA medical centers to positively affect veterans with such symptoms and to produce specially trained dogs that may become service dogs for veterans with disabilities. Requires the pilot program to be carried out at one VA medical center selected by the Secretary other than the VA health care system in Palo Alto, California. Makes veteran participation voluntary. Requires the Secretary to: (1) collect program data to determine its effectiveness, as well as the potential to expand the program to additional VA medical centers; and (2) report annually to Congress for the duration of the pilot program. (Sec. 7) Eliminates a required annual report on staffing for registered nurses and certain other health-care personnel at VA facilities.


SECTION 1. SHORT TITLE AND PURPOSE. (a) Short Title.--This Act may be cited as the ``Rocky Mountain National Park Wilderness and Indian Peaks Wilderness Expansion Act''. (b) Purpose.--The purpose of this Act is to include in the National Wilderness Preservation System certain lands within the Rocky Mountain National Park, Colorado, in order to protect the enduring scenic and historic wilderness character and unique wildlife values of the lands as well as the scientific, educational, inspirational, and recreational resources, values, and opportunities of the lands; and to adjust the boundaries of the Indian Peaks Wilderness and the Arapaho National Recreation Area on the Arapaho National Forest in Colorado. SEC. 2. DESIGNATION OF ROCKY MOUNTAIN NATIONAL PARK WILDERNESS. (a) Designation.--In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), certain lands within the Rocky Mountain National Park, Colorado, which comprise approximately 249,339 acres, as generally depicted on the map titled ``Rocky Mountain National Park, Colorado Wilderness Boundaries'' and dated February 2006, are hereby designated as wilderness and, therefore, as a component of the National Wilderness Preservation System. The designated lands shall be known as the Rocky Mountain National Park Wilderness. (b) Map and Description.-- (1) Preparation and submission.--As soon as practicable after the date of the enactment of this Act, the Secretary of the Interior shall prepare a map and a boundary description of the Rocky Mountain National Park Wilderness designated by subsection (a) and file the map and boundary description with the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. The map and boundary description shall be on file and available for public inspection in the office of the Director of the National Park Service, Department of the Interior. (2) Treatment.--The map and boundary description prepared under paragraph (1) shall have the same force and effect as if included in this Act. The Secretary of the Interior may correct clerical and typographical errors in the map and description. (c) Potential Wilderness Lands.-- (1) Definition.--In this section, the term ``potential wilderness lands'' means-- (A) lands identified as potential wilderness on the map referred to in subsection (a); and (B) lands and interests therein acquired by the United States on or after the date of the enactment of this Act that are located within the boundaries of the Rocky Mountain National Park and are contiguous with lands designated as wilderness by this Act. (2) Inclusion in wilderness.--Upon publication in the Federal Register of a notice by the Secretary of the Interior that all uses of a parcel of potential wilderness lands inconsistent with the Wilderness Act have ceased, the parcel shall be included in the Rocky Mountain National Park Wilderness designated by subsection (a) and managed as provided in section 3. The Secretary of the Interior shall modify the map and boundary description prepared under subsection (b) to reflect the inclusion of the parcel in the Rocky Mountain National Park Wilderness. (d) Exclusion of Certain Lands.--The boundaries of the Rocky Mountain National Park Wilderness and the potential wilderness lands specifically exclude the following: (1) The Grand Ditch (including both the main canal of the Grand Ditch and a branch thereof known as the specimen Ditch) and its right-of-way as well as associated appurtenances, structures, buildings, camps, and worksites in existence as of June 1, 1998. (2) Lands owned by the St. Vrain & Left Hand Water Conservancy District, including Copeland Reservoir and the Inlet Ditch to such reservoir from the North St. Vrain Creek, amounting to approximately 35.38 acres. (3) Lands owned by the Wincentsen-Harms Trust, amounting to approximately 2.75 acres. (4) Lands within the area depicted as ``East Shore Trail Area'' on the map described in subsection (b). (e) East Shore Trail Area.-- (1) Alignment line and trail.-- (A) Not later than one year after the date of the enactment of this Act, the Secretary shall establish an alignment line for a trail, to be known as the East Shore Trail, located within the East Shore Trail Area, to maximize the opportunity for sustained use of the trail without harm to affected resources or conflicts among users. After establishing the alignment line, the Secretary shall identify the boundaries of the trail, but the trail shall not extend more than 25 feet east of the alignment line or be located within the Rocky Mountain National Park Wilderness. (B) Nothing in this Act shall be construed to require the construction of a trail along the alignment line established pursuant to this paragraph or to limit the extent to which any otherwise applicable laws or policies shall apply with respect to any decision regarding construction of such a trail. (2) Map adjustment.--After establishing the alignment line of the East Shore Trail, the Secretary shall adjust the map of the wilderness area designated by subsection (a) so that the western boundary of the wilderness is 50 feet east of the alignment line. (3) Other adjustments.--To the extent necessary to protect National Park resources, the Secretary from time to time may adjust the boundaries of the East Shore Trail, but no adjustment shall have the effect of placing any portion of such trail within the boundary of the wilderness area. (4) Time limitation for authorization of use by nonmotorized bicycles.--If the East Shore Trail has not been constructed and authorized for use by nonmotorized bicycles on or before the date that is 25 years after the date of the enactment of this Act, the East Shore Trail Area shall be included in the Rocky Mountain National Park Wilderness designated by subsection (a) and managed as provided in section 3, and the Secretary shall modify the map and boundary description of such wilderness area to reflect the inclusion of such lands in wilderness. (f) Relation to Lands Outside Wilderness.-- (1) Use of lands.--Except as provided in this subsection, nothing in this Act shall affect the management or use of any lands not included within the boundaries of the Rocky Mountain National Park Wilderness or the potential wilderness lands. (2) Use of motorized vehicles.--Until the date that is 25 years after the date of the enactment of this Act, no use of motorized vehicles or other motorized machinery not permitted on March 1, 2006, shall be allowed in the East Shore Trail Area, except as may be necessary for constructing or maintaining the East Shore Trail, if such construction is authorized by the Secretary. (3) Management of pending wilderness.--Pending their inclusion in wilderness pursuant to subsection (c)(2), the potential wilderness lands shall be managed to protect any wilderness characteristics and to maintain their suitability for inclusion in wilderness. SEC. 3. MANAGEMENT OF ROCKY MOUNTAIN NATIONAL PARK WILDERNESS. (a) Management Generally.--Subject to valid existing rights, lands designated as wilderness by section 2(a) or subsequently included in the Rocky Mountain National Park Wilderness by section 2(c) shall be managed by the Secretary of the Interior in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this Act. With respect to the lands designated as wilderness by section 2(a), any reference in the Wilderness Act to the effective date of the Wilderness Act shall be deemed to be a reference to the date of the enactment of this Act. With respect to the lands subsequently included in the Rocky Mountain National Park Wilderness by section 2(c), any reference in the Wilderness Act to the effective date of the Wilderness Act shall be deemed to be a reference to the date on which the lands were included in the wilderness area. (b) Water Rights.-- (1) Findings.--Congress finds the following: (A) According to decisions of the courts of the State of Colorado, the United States has existing rights to water within the Rocky Mountain National Park. (B) Those rights are sufficient for the purposes of the Rocky Mountain National Park Wilderness as designated by section 2. (C) In light of the findings in subparagraphs (A) and (B), there is no need for this Act to effect a reservation by the United States of any additional water rights to fulfill the purposes for which the Rocky Mountain National Park Wilderness is designated. (2) No reservation.--Nothing in this Act or any action taken pursuant to this Act shall constitute either an express or implied reservation of water or water rights for any purpose. (c) Colorado-Big Thompson Project.-- (1) Current activities.--Activities on, under, or affecting the lands designated as wilderness by section 2 relating to the monitoring, operation, maintenance, repair, replacement, and use of the Colorado-Big Thompson Project and its facilities which were allowed as of June 1, 1998, shall be allowed to continue and shall not be affected by the designation of the lands as wilderness. (2) New activities.--In addition to the activities described in paragraph (1), any other activities on, under, or affecting the lands designated as wilderness by section 2 that because of emergencies or catastrophic events become necessary for the operation, maintenance, repair, replacement, and continued use of the Colorado-Big Thompson Project and its facilities shall be allowed, subject only to reasonable restrictions which are established by the Secretary of the Interior to protect the wilderness values of the lands. In implementing this paragraph, the Secretary shall not establish any restrictions on the activities that would prevent the occurrence of such necessary activities or that would reduce the water supply provided by the Colorado-Big Thompson Project or the Windy Gap Project. (3) Relation to authority in act establishing park.-- Nothing in the first section of the Act of January 26, 1915 (16 U.S.C. 191), shall be construed to allow development within the lands designated as wilderness by section 2 of any reclamation project not in existence as of the date of the enactment of this Act. (d) No Buffer Zones.--Congress does not intend that the designation by this Act of the Rocky Mountain National Park Wilderness creates or implies the creation of protective perimeters or buffer zones around the wilderness area. The fact that nonwilderness activities or uses can be seen or heard from within the wilderness area shall not, of itself, preclude such activities or uses up to the boundary of the wilderness area. SEC. 4. BOUNDARY ADJUSTMENT OF INDIAN PEAKS WILDERNESS AND ARAPAHO NATIONAL RECREATION AREA. (a) Indian Peaks Wilderness.--Section 3(a) of Public Law 95-450 is amended-- (1) by striking ``seventy thousand acres'' and inserting ``74,195 acres'' ; and (2) by striking ``dated July 1978'' and inserting ``dated February 2006''. (b) Arapaho National Recreation Area.--Section 4(a) of Public Law 95-450 is amended-- (1) by striking ``thirty-six thousand two hundred thirty- five acres'' and inserting ``35,235 acres''; and (2) by striking ``dated July 1978'' and inserting ``dated February 2006''. SEC. 5. AUTHORITY TO LEASE LEIFFER PROPERTY. (a) Authorization.--The provisions of section 802(a) of Public Law 105-391 (16 U.S.C. 1a-2k) shall apply to the tract of land described in subsection (b) to the same extent as if such property was part of the National Park System. (b) Land Described.--Subsection (a) applies to the tract of land near the eastern boundary of Rocky Mountain National Park in Larimer County, Colorado, administered by the National Park Service and known as the Leiffer tract.

Summary: Rocky Mountain National Park Wilderness and Indian Peaks Wilderness Expansion Act- Designates certain lands in Rocky Mountain National Park, Colorado, as wilderness and components of the National Wilderness Preservation System, which shall be known as the Rocky Mountain National Park Wilderness. Directs the Secretary of the Interior to establish an alignment line for a trail, which shall be known as the East Shore Trail, located within the East Shore Trail Area and, after establishing the alignment line, to identify the boundaries of such Trail. Provides for the inclusion of the East Shore Trail in the Rocky Mountain National Park Wilderness if such Trail has not been constructed and authorized for use by motorized bicycles 25 years after enactment of this Act. Bars, until 25 years after this Act's enactment, the use of motorized vehicles or other motorized machinery not permitted on March 1, 2006, from being allowed in the East Shore Trail Area, except for constructing or maintaining the East Shore Trail, if such construction is authorized by the Secretary. Amends the Indian Peaks Wilderness Area, Arapaho National Recreation Area and the Oregon Islands Wilderness Area Act to provide for a boundary adjustment of the Indian Peaks Wilderness Area and the Arapaho National Recreation Area by: (1) increasing the acreage of the Indian Peaks Wilderness Area; and (2) decreasing the acreage of the Arapaho National Recreation Area.


SECTION 1. PROGRAM OF IDENTIFICATION OF CERTAIN DEPORTABLE ALIENS AWAITING ARRAIGNMENT. (a) Establishment of Program.--Not later than 6 months after the date of the enactment of this Act, and subject to such amounts as are provided in appropriations Acts, the Attorney General shall establish and implement a program to identify, from among the individuals who are incarcerated in local governmental incarceration facilities prior to arraignment on criminal charges, those individuals who are within 1 or more of the following classes of deportable aliens: (1) Aliens unlawfully present in the United States. (2) Aliens described in paragraph (2) or (4) of section 237(a) of the Immigration and Nationality Act (as redesignated by section 305(a)(2) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996). (b) Description of Program.--The program authorized by subsection (a) shall include-- (1) the detail, to each incarceration facility selected under subsection (c), of at least one employee of the Immigration and Naturalization Service who has expertise in the identification of aliens described in subsection (a); and (2) provision of funds sufficient to provide for-- (A) the detail of such employees to each selected facility on a full-time basis, including the portions of the day or night when the greatest number of individuals are incarcerated prior to arraignment; (B) access for such employees to records of the Service and other Federal law enforcement agencies that are necessary to identify such aliens; and (C) in the case of an individual identified as such an alien, pre-arraignment reporting to the court regarding the Service's intention to remove the alien from the United States. (c) Selection of Facilities.-- (1) In general.--The Attorney General shall select for participation in the program each incarceration facility that satisfies the following requirements: (A) The facility is owned by the government of a local political subdivision described in clause (i) or (ii) of subparagraph (C). (B) Such government has submitted a request for such selection to the Attorney General. (C) The facility is located-- (i) in a county that is determined by the Attorney General to have a high concentration of aliens described in subsection (a); or (ii) in a city, town, or other analogous local political subdivision, that is determined by the Attorney General to have a high concentration of such aliens (but only in the case of a facility that is not located in a county). (D) The facility incarcerates or processes individuals prior to their arraignment on criminal charges. (2) Number of qualifying subdivisions.--For any fiscal year, the total number of local political subdivisions determined under clauses (i) and (ii) of paragraph (1)(C) to meet the standard in such clauses shall be the following: (A) For fiscal year 1999, not less than 10 and not more than 25. (B) For fiscal year 2000, not less than 25 and not more than 50. (C) For fiscal year 2001, not more than 75. (D) For fiscal year 2002, not more than 100. (E) For fiscal year 2003 and subsequent fiscal years, 100, or such other number of political subdivisions as may be specified in appropriations Acts. (3) Facilities in interior states.--For any fiscal year, of the local political subdivisions determined under clauses (i) and (ii) of paragraph (1)(C) to meet the standard in such clauses, not less than 20 percent shall be in States that are not contiguous to a land border. (4) Treatment of certain facilities.--All of the incarceration facilities within the county of Orange, California, and the county of Ventura, California, that are owned by the government of a local political subdivision, and satisfy the requirements of paragraph (1)(D), shall be selected for participation in the program. SEC. 2. STUDY AND REPORT. Not later than 1 year after the date of the enactment of this Act, the Attorney General shall complete a study, and submit a report to the Congress, concerning the logistical and technological feasibility of implementing the program under section 1 in a greater number of locations than those selected under such section through-- (1) the assignment of a single Immigration and Naturalization Service employee to more than 1 incarceration facility; and (2) the development of a system to permit the Attorney General to conduct off-site verification, by computer or other electronic means, of the immigration status of individuals who are incarcerated in local governmental incarceration facilities prior to arraignment on criminal charges. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Summary: Directs the Attorney General to implement a program to identify aliens held in local incarceration facilities prior to criminal arraignment who are illegally in the United States or who are deportable on criminal or security grounds. Requires that at least one Immigration and Naturalization Service (INS) employee with identification expertise be assigned to each program facility. Directs the Attorney General to select facilities for participation that: (1) are owned by requesting local political subdivisions; (2) are located in counties or subdivisions with high concentrations of illegal or deportable aliens; and (3) incarcerate persons prior to criminal arraignment. States that all local facilities within Orange and Ventura Counties, California, that incarcerate prior to arraignment shall be selected for program participation. Sets forth required numbers of qualifying subdivisions, beginning with FY 1999. Directs the Attorney General to report respecting future program enlargement through: (1) computer or other electronic means of off-site status verification; and (2) multiple facility assignment of INS personnel.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Education Equity Act of 2011''. SEC. 2. PROTECTING EQUITY FOR TUITION AND FEES FOR INDIVIDUALS ENTITLED TO ASSISTANCE UNDER THE POST-9/11 EDUCATIONAL ASSISTANCE PROGRAM WHO ARE PURSUING PROGRAMS OF EDUCATION AT INSTITUTIONS OF HIGHER LEARNING. (a) In General.--Clause (i) of subparagraph (A) of paragraph (1) of subsection (c) of section 3313 of title 38, United States Code, is amended to read as follows: ``(i) In the case of a program of education pursued at a public institution of higher learning, the lesser of-- ``(I) the actual net cost for tuition and fees assessed by the institution for the program of education after the application of-- ``(aa) any waiver of, or reduction in, tuition and fees; and ``(bb) any scholarship, or other Federal, State, institutional, or employer- based aid or assistance (other than loans and any funds provided under section 401(b) of the Higher Education Act of 1965 (20 U.S.C. 1070a)) that is provided directly to the institution and specifically designated for the sole purpose of defraying tuition and fees; or ``(II) the greater of-- ``(aa) the actual net cost for in-State tuition and fees assessed by the institution for the program of education after the application of-- ``(AA) any waiver of, or reduction in, tuition and fees; and ``(BB) any scholarship, or other Federal, State, institutional, or employer-based aid or assistance (other than loans and any funds provided under section 401(b) of the Higher Education Act of 1965 (20 U.S.C. 1070a)) that is provided directly to the institution and specifically designated for the sole purpose of defraying tuition and fees; or ``(bb) the amount equal to-- ``(AA) for the academic year beginning on August 1, 2011, $17,500; or ``(BB) for any subsequent academic year, the amount in effect for the previous academic year under this subclause, as increased by the percentage increase equal to the most recent percentage increase determined under section 3015(h) of this title.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to the payment of educational assistance for an academic year beginning on or after the date of the enactment of this Act.

Summary: Veterans Education Equity Act of 2011 - Revises the formula for the payment by the Department of Veterans Affairs (VA) of tuition and fees for individuals entitled to educational assistance under the Post-9/11 Educational Assistance Program and pursuing programs of education at public institutions of higher learning to include, as an additional payment formula, the greater of: (1) the actual net costs for in-state tuition after applying the receipt of any tuition waivers, reductions, scholarships, or other assistance; or (2) $17,500 for the academic year beginning on August 1, 2011 (such amount to be increased each subsequent year by the average percentage increase in undergraduate tuition costs).


SECTION 1. SHORT TITLE. This Act may be cited as the ``Rhinoceros and Tiger Conservation Act of 1998''. SEC. 2. FINDINGS. Congress finds that-- (1) the populations of all but 1 species of rhinoceros, and the tiger, have significantly declined in recent years and continue to decline; (2) these species of rhinoceros and tiger are listed as endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and listed on Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, signed on March 3, 1973 (27 UST 1087; TIAS 8249) (referred to in this Act as ``CITES''); (3) the Parties to CITES have adopted several resolutions-- (A) relating to the conservation of tigers (Conf. 9.13 (Rev.)) and rhinoceroses (Conf. 9.14), urging Parties to CITES to implement legislation to reduce illegal trade in parts and products of the species; and (B) relating to trade in readily recognizable parts and products of the species (Conf. 9.6), and trade in traditional medicines (Conf. 10.19), recommending that Parties ensure that their legislation controls trade in those parts and derivatives, and in medicines purporting to contain them; (4) a primary cause of the decline in the populations of tiger and most rhinoceros species is the poaching of the species for use of their parts and products in traditional medicines; (5) there are insufficient legal mechanisms enabling the United States Fish and Wildlife Service to interdict products that are labeled or advertised as containing substances derived from rhinoceros or tiger species and prosecute the merchandisers for sale or display of those products; and (6) legislation is required to ensure that-- (A) products containing, or labeled or advertised as containing, rhinoceros parts or tiger parts are prohibited from importation into, or exportation from, the United States; and (B) efforts are made to educate persons regarding alternatives for traditional medicine products, the illegality of products containing, or labeled or advertised as containing, rhinoceros parts and tiger parts, and the need to conserve rhinoceros and tiger species generally. SEC. 3. PURPOSES OF THE RHINOCEROS AND TIGER CONSERVATION ACT OF 1994. Section 3 of the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5302) is amended by adding at the end the following: ``(3) To prohibit the sale, importation, and exportation of products intended for human consumption or application containing, or labeled or advertised as containing, any substance derived from any species of rhinoceros or tiger.''. SEC. 4. DEFINITION OF PERSON. Section 4 of the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5303) is amended-- (1) in paragraph (4), by striking ``and'' at the end; (2) in paragraph (5), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(6) `person' means-- ``(A) an individual, corporation, partnership, trust, association, or other private entity; ``(B) an officer, employee, agent, department, or instrumentality of-- ``(i) the Federal Government; ``(ii) any State, municipality, or political subdivision of a State; or ``(iii) any foreign government; ``(C) a State, municipality, or political subdivision of a State; or ``(D) any other entity subject to the jurisdiction of the United States.''. SEC. 5. PROHIBITION ON SALE, IMPORTATION, OR EXPORTATION OF PRODUCTS LABELED OR ADVERTISED AS RHINOCEROS OR TIGER PRODUCTS. The Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.) is amended-- (1) by redesignating section 7 as section 9; and (2) by inserting after section 6 the following: ``SEC. 7. PROHIBITION ON SALE, IMPORTATION, OR EXPORTATION OF PRODUCTS LABELED OR ADVERTISED AS RHINOCEROS OR TIGER PRODUCTS. ``(a) Prohibition.--A person shall not sell, import, or export, or attempt to sell, import, or export, any product, item, or substance intended for human consumption or application containing, or labeled or advertised as containing, any substance derived from any species of rhinoceros or tiger. ``(b) Penalties.-- ``(1) Criminal penalty.--A person engaged in business as an importer, exporter, or distributor that knowingly violates subsection (a) shall be fined under title 18, United States Code, imprisoned not more than 6 months, or both. ``(2) Civil penalties.-- ``(A) In general.--A person that knowingly violates subsection (a), and a person engaged in business as an importer, exporter, or distributor that violates subsection (a), may be assessed a civil penalty by the Secretary of not more than $12,000 for each violation. ``(B) Manner of assessment and collection.--A civil penalty under this paragraph shall be assessed, and may be collected, in the manner in which a civil penalty under the Endangered Species Act of 1973 may be assessed and collected under section 11(a) of that Act (16 U.S.C. 1540(a)). ``(c) Products, Items, and Substances.--Any product, item, or substance sold, imported, or exported, or attempted to be sold, imported, or exported, in violation of this section or any regulation issued under this section shall be subject to seizure and forfeiture to the United States. ``(d) Regulations.--After consultation with the Secretary of the Treasury, the Secretary of Health and Human Services, and the United States Trade Representative, the Secretary shall issue such regulations as are appropriate to carry out this section. ``(e) Enforcement.--The Secretary, the Secretary of the Treasury, and the Secretary of the department in which the Coast Guard is operating shall enforce this section in the manner in which the Secretaries carry out enforcement activities under section 11(e) of the Endangered Species Act of 1973 (16 U.S.C. 1540(e)). ``(f) Use of Penalty Amounts.--Amounts received as penalties, fines, or forfeiture of property under this section shall be used in accordance with section 6(d) of the Lacey Act Amendments of 1981 (16 U.S.C. 3375(d)).''. SEC. 6. EDUCATIONAL OUTREACH PROGRAM. The Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.) (as amended by section 5) is amended by inserting after section 7 the following: ``SEC. 8. EDUCATIONAL OUTREACH PROGRAM. ``(a) In General.--Not later than 180 days after the date of enactment of this section, the Secretary shall develop and implement an educational outreach program in the United States for the conservation of rhinoceros and tiger species. ``(b) Guidelines.--The Secretary shall publish in the Federal Register guidelines for the program. ``(c) Contents.--Under the program, the Secretary shall publish and disseminate information regarding-- ``(1) laws protecting rhinoceros and tiger species, in particular laws prohibiting trade in products containing, or labeled or advertised as containing, their parts; ``(2) use of traditional medicines that contain parts or products of rhinoceros and tiger species, health risks associated with their use, and available alternatives to the medicines; and ``(3) the status of rhinoceros and tiger species and the reasons for protecting the species.''. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. Section 9 of the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5306) (as redesignated by section 5(1)) is amended by striking ``1996, 1997, 1998, 1999, and 2000'' and inserting ``1996 through 2002''. Passed the Senate October 8 (legislative day, October 2), 1998. Attest: Secretary. 105th CONGRESS 2d Session S. 361 _______________________________________________________________________ AN ACT To amend the Rhinoceros and Tiger Conservation Act of 1994 to prohibit the sale, importation, and exportation of products intended for human consumption or application containing, or labeled or advertised as containing, any substance derived from any species of rhinoceros or tiger, and to reauthorize the Rhinoceros and Tiger Conservation Act of 1994, and for other purposes.

Summary: Rhinoceros and Tiger Conservation Act of 1998 - Amends the Rhinoceros and Tiger Conservation Act of 1994 to prohibit the sale, importation, and exportation of products intended for human consumption or application containing, or labeled or advertised as containing, any substance derived from any species of rhinoceros or tiger. Sets forth both criminal and civil penalties. Directs the Secretary of the Interior to develop and implement an educational outreach program in the United States for the conservation of rhinoceros and tiger species. Authorizes appropriations through FY 2002.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Wireless Microphone Users Interference Protection Act of 2013''. SEC. 2. ELIGIBILITY FOR PART 74 LICENSES. Not later than 180 days after the date of enactment of this Act, the Federal Communications Commission shall take such actions as are necessary to expand eligibility for licenses under section 74.832 of title 47, Code of Federal Regulations, to the owners of, and operators of events and performances at, the following sites: (1) Amusement parks. (2) Arenas. (3) Convention centers. (4) Educational facilities. (5) Houses of worship. (6) Lodging facilities. (7) Museums. (8) Outdoor venues. (9) Recording studios. (10) Theaters. SEC. 3. EXPANDING SCOPE OF SERVICE RULE. Not later than 180 days after the date of enactment of this Act, the Federal Communications Commission shall expand the scope of service and permissible transmissions currently set forth in section 74.831 of title 47, Code of Federal Regulations, to include the use of wireless microphones in rehearsals and live or recorded events and performances by the persons and entities made eligible for licenses pursuant to section 2 of this Act. SEC. 4. SAFE HAVEN CHANNELS. The Federal Communications Commission shall establish 2 safe haven channels for exclusive use by wireless microphone users that are each 6 MHz in the spectrum ranging from 470 MHz to 698 MHz, inclusive, other than frequencies identified as guard bands and the mid-band gap between the frequencies designated for uplink and downlink service in auctioned 600 MHz spectrum. SEC. 5. ACCESS TO TV BANDS DATABASES. (a) Authorization.--The Federal Communications Commission shall authorize the owners and operators of wireless microphones (and their appointed technical representatives) to have access to the TV bands databases described in subpart H of part 15 of title 47, Code of Federal Regulations, for the purpose of protecting wireless microphone operations from interference. (b) Registration Sites.--Sites that may be registered in the TV bands databases as sites where wireless microphone operations shall be protected pursuant to subsection (a) include the following: (1) Amusement parks. (2) Arenas. (3) Convention centers. (4) Educational facilities. (5) Houses of worship. (6) Lodging facilities. (7) Museums. (8) Outdoor venues. (9) Recording studios. (10) Restaurants. (11) Theaters. SEC. 6. DEFINITIONS. For purposes of this Act, the following definitions apply: (1) Amusement park.--The term ``amusement park'' means a commercially operated park equipped with various recreational devices, entertainment, and typically booths for games and the sale of food and drink. (2) Arena.--The term ``arena'' means any building or structure primarily used for an athletic contest, sporting event, or musical performance, such as a stadium or racetrack. (3) Convention center.--The term ``convention center'' means any civic building or group of buildings designed for events, such as conventions, industrial shows, and exhibitions, and which often includes an auditorium, a conference or meeting room, hotel accommodations, a restaurant, or other facilities. (4) Educational facility.--The term ``educational facility'' means any building, place, or institution where instruction to students is provided, including any daycare center, nursery school, public or private school, college or university, career or technical education school, or corporate training center. (5) House of worship.--The term ``house of worship'' means any building, place, or institution devoted to religious worship, including a church, synagogue, temple, mosque, or chapel. (6) Lodging facility.--The term ``lodging facility'' means any individual hotel, motel, or inn that makes accommodation available on a temporary basis for a charge. (7) Museum.--The term ``museum'' means a building, place, or institution devoted to the procurement, care, study, and display of works of art, scientific specimens, and other objects of lasting interest or value. (8) Outdoor venue.--The term ``outdoor venue'' means any outdoor place or area where a fair, concert, sporting event, circus, festival, exhibition, or civic ceremony or presentation is held, such as a fairground, golf course, or pavilion. Such term includes a place or area that is partially enclosed. (9) Recording studio.--The term ``recording studio'' means any facility used primarily for the commercial production or recording of live or prerecorded music, television, motion picture, or other kind of news, sports, entertainment, educational, or religious programming. (10) Restaurant.--The term ``restaurant'' means an establishment where meals may be purchased and consumed. (11) Theater.--The term ``theater'' means any place, building, enclosure, or structure with a seating capacity that is used for a dramatic performance, stage entertainment, musical performance, or motion picture show. (12) Wireless microphone.--The term ``wireless microphone'' means a low power auxiliary station, as defined in subpart H of part 74 of title 47, Code of Federal Regulations, as of the date of enactment of this Act.

Summary: Wireless Microphone Users Interference Protection Act of 2013 - Directs the Federal Communications Commission (FCC) to expand eligibility for specified licenses authorizing the operation of low power auxiliary stations to the owners of, and operators of events and performances at: amusement parks, arenas, convention centers, educational facilities, houses of worship, lodging facilities, museums, outdoor venues, recording studios, and theaters. Requires the FCC to: (1) expand scope of service and permissible transmission regulations to include the use of wireless microphones in rehearsals and live or recorded events and performances by such licensees, and (2) establish two safe haven channels for exclusive use by wireless microphone users. Directs the FCC to authorize owners and operators of wireless microphones to have access to TV bands databases to protect wireless microphone operations from interference. (The purpose of the TV bands database is to provide unlicensed Television Band Devices [TVBDs] with the available TV channels at the TVBD's location and to register fixed TVBDs and other locations protected from interference that are not otherwise recorded in FCC licensing databases.) Permits restaurants, as well as the persons and entities made eligible for licenses by this Act, to be registered in such databases as sites where wireless microphone operations shall be protected from interference.