SECTION 1. SHORT TITLE. This Act may be cited as the ``Temporary Extension of Public Housing Reform Provisions Act of 1997''. TITLE I--PUBLIC HOUSING AND SECTION 8 RENTAL ASSISTANCE SEC. 101. PUBLIC HOUSING CEILING RENTS AND INCOME ADJUSTMENTS AND PREFERENCES FOR ASSISTED HOUSING. Section 402(f) of The Balanced Budget Downpayment Act, I (42 U.S.C. 1437aa note) is amended by inserting before the period at the end the following: ``and the portion of fiscal year 1998 that precedes April 1, 1998''. SEC. 102. PUBLIC HOUSING DEMOLITION AND DISPOSITION. Section 1002(d) of the Emergency Supplemental Appropriations for Additional Disaster Assistance, for Anti-terrorism Initiatives, for Assistance in the Recovery from the Tragedy that Occurred at Oklahoma City, and Rescissions Act, 1995 (42 U.S.C. 1437c note) is amended by striking ``September 30, 1997'' and inserting ``March 31, 1998''. SEC. 103. PUBLIC HOUSING FUNDING FLEXIBILITY AND MIXED-FINANCE DEVELOPMENTS. Section 201(a)(2) of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 (as contained in section 101(e) of the Omnibus Consolidated Rescissions and Appropriations Act of 1996 (Public Law 104-134)) (42 U.S.C. 1437l note) is amended by striking ``fiscal year 1997'' and inserting ``the portion of fiscal year 1998 that precedes April 1, 1998''. SEC. 104. MINIMUM RENTS. Section 402(a) of The Balanced Budget Downpayment Act, I (Public Law 104-99; 110 Stat. 40) is amended in the matter preceding paragraph (1) by inserting after ``fiscal year 1997'' the following: ``and for the portion of fiscal year 1998 that precedes April 1, 1998''. SEC. 105. PROVISIONS RELATING TO SECTION 8 RENTAL ASSISTANCE PROGRAM. (a) Take-One-Take-All, Notice Requirements, and Endless Lease Provisions.--Section 203(d) of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 (as contained in section 101(e) of the Omnibus Consolidated Rescissions and Appropriations Act of 1996 (Public Law 104-134)) (42 U.S.C. 1437f note) is amended by striking ``for fiscal years 1996 and 1997 only'' and inserting ``only for fiscal year 1996, fiscal year 1997, and the portion of fiscal year 1998 that precedes April 1, 1998''. (b) Fair Market Rentals.--The first sentence of section 403(a) of The Balanced Budget Downpayment Act, I (Public Law 104-99; 110 Stat. 43) is amended by inserting after ``fiscal year 1997'' the following: ``and the portion of fiscal year 1998 that precedes April 1, 1998,''. TITLE II--FEDERALLY ASSISTED MULTIFAMILY RENTAL HOUSING SEC. 201. SECTION 8 PROJECT-BASED ASSISTANCE CONTRACT RENEWAL AUTHORITY. Section 211 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 (42 U.S.C. 1437f note) is amended-- (1) in subsection (a)(1), by inserting ``or 1998'' before the semicolon at the end; and (2) in subsection (b)(4)(A), by inserting after ``fiscal year 1997'' each place it appears the following: ``or 1998''. SEC. 202. MORTGAGE RESTRUCTURING DEMONSTRATION FOR FHA-INSURED MULTIFAMILY HOUSING. Section 212 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 (42 U.S.C. 1437f note) is amended-- (1) in subsection (a)(1)(B), by striking ``fiscal year 1997'' and inserting ``fiscal year 1998''; (2) in subsection (a)(3)(B), by inserting ``or 1998'' before the semicolon at the end; (3) in subsection (h)(1)(B), by striking ``fiscal year 1997'' and inserting ``fiscal years 1997 and 1998''; and (4) in subsection (h)(1)(F)(ii), by striking ``fiscal year 1997'' and inserting: ``fiscal years 1997 and 1998''. SEC. 203. MULTIFAMILY HOUSING FINANCE PILOT PROGRAMS. Section 542 of the Housing and Community Development Act of 1992 (12 U.S.C. 1707 note) is amended-- (1) in subsection (b)(5), by inserting before the period at the end of the first sentence the following: ``, and not more than an additional 15,000 units during fiscal year 1998''; and (2) in the first sentence of subsection (c)(4)-- (A) by striking ``and'' and inserting a comma; and (B) by inserting before the period at the end the following: ``, and not more than an additional 15,000 units during fiscal year 1998''. SEC. 204. PROPERTY DISPOSITION. (a) Enhanced Authority for HUD Disposition of Multifamily Housing.--Section 204 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 (12 U.S.C. 1715z-11a) is amended by inserting after ``owned by the Secretary'' the following: ``, including the provision of grants and loans from the General Insurance Fund for the necessary costs of rehabilitation or demolition,''. (b) Disposition for Affordable Housing Purposes.--The provisions of section 714 of the bill, H.R. 2 (105th Congress), as passed by the House of Representatives on May 14, 1997, are hereby enacted into law. SEC. 205. MULTIFAMILY MORTGAGE AUCTIONS. Section 221(g)(4)(C) of the National Housing Act (12 U.S.C. 1715l(g)(4)(C)) is amended-- (1) in the first sentence of clause (viii), by striking ``September 30, 1996'' and inserting ``December 31, 2005''; and (2) by adding at the end the following new clauses: ``(ix) Subject to the limitation in clause (x), the costs of any multifamily auctions under this subparagraph occurring during any fiscal year shall be paid from amounts in the General Insurance Fund established under section 519. ``(x) This authority of the Secretary to conduct multifamily auctions under this subparagraph shall be effective for any fiscal year only to the extent or in such amounts that amounts in the General Insurance Fund are or have been approved in appropriation Acts for costs of such auctions occurring during such fiscal year.''. SEC. 206. INTEREST REDUCTION PAYMENTS IN CONNECTION WITH SALES OF SECTION 236 MORTGAGES HELD BY HUD. Section 236 of the National Housing Act (12 U.S.C. 1715z-1) is amended-- (1) in the first sentence of subsection (b), by inserting before the colon at the end of the first proviso the following: ``and when the mortgage is assigned or otherwise transferred to a subsequent holder or purchaser (including any successors and assignees)''; (2) in subsection (c)-- (A) by inserting ``(1)'' after the subsection designation; and (B) by adding at the end the following new paragraphs: ``(2) The Secretary may continue to make interest reduction payments to the holder or purchaser (including any successors and assignees) of a mortgage formerly held by the Secretary upon such terms and conditions as the Secretary may determine. In exercising the authority under the preceding sentence, upon cancellation of any contract for such interest reduction payments as a result of foreclosure or transfer of a deed in lieu of foreclosure, any amounts of budget authority which would have been available for such contract, absent cancellation, shall remain available for the project for the balance of the term of the original mortgage upon such terms and conditions as the Secretary may determine. ``(3) Notwithstanding subsection (i)(2) or any other provision of law, in connection with the sale of mortgages held by the Secretary, the Secretary may establish appropriate terms and conditions, based on section 42 of the Internal Revenue Code of 1986 or another appropriate standard, for determining eligibility for occupancy in the project and rental charges.''. SEC. 207. ASSIGNMENT OF REGULATORY AGREEMENTS IN CONNECTION WITH SALES OF MORTGAGES HELD BY HUD. Section 203(k) of the Housing and Community Development Amendments of 1978 (12 U.S.C. 1701z-11(k)) is amended by adding at the end the following new paragraph: ``(7) Assignment of regulatory agreement in connection with sale of mortgages.--Notwithstanding any other provision of law, and upon such terms and conditions as the Secretary may prescribe, the Secretary may, in connection with the sale of mortgages held by the Secretary, provide for the assumption of all rights and responsibilities under the regulatory agreement executed by or for the benefit of the Secretary. Such assumption shall further provide for the regulatory agreement to be so assumed by any successor or assignee of the initial assuming entity. Such regulatory agreement shall continue to be binding upon the mortgagor and its successors and assignees.''.

Summary: TABLE OF CONTENTS: Title I: Public Housing and Section 8 Rental Assistance Title II: Federally Assisted Multifamily Rental Housing Temporary Extension of Public Housing Reform Provisions Act of 1997 - Title I: Public Housing and Section 8 Rental Assistance - Amends the Balanced Budget Downpayment Act, I to extend provisions regarding public housing ceiling rents, income adjustments, and (repeal of) Federal preferences for assisted housing. (Sec. 102) Amends the Emergency Supplemental Appropriations for Additional Disaster Assistance, for Antiterrorism Initiatives, for Assistance in the Recovery from the Tragedy that Occurred at Oklahoma City, and Rescissions Act, 1995 to extend the public housing demolition and disposition one-for-one replacement requirement. (Sec. 103) Amends the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 to extend provisions regarding use of public housing modernization funding for mixed income developments. (Sec. 104) Amends the Balanced Budget Downpayment Act, I to extend minimum rent provisions. (Sec. 105) Amends the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 to extend certain provisions regarding the section 8 rental assistance program. Amends the Balanced Budget Downpayment Act, I to extend fair market rental provisions. Title II: Federally Assisted Multifamily Rental Housing - Amends the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 to extend authority for: (1) section 8 contract renewals; and (2) the multifamily housing mortgage restructuring demonstration. (Sec. 203) Amends the Housing and Community Development Act of 1992 to increase the number of units and extend the risk-sharing and housing finance agency multifamily housing finance pilot programs. (Sec. 204) Amends the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 to state that the Secretary of Housing and Urban Development's (HUD) authority to manage and dispose of multifamily housing includes the provision of grants and loans from the General Insurance Fund. (Sec. 205) Amends the National Housing Act to: (1) extend multifamily mortgage auction authority; and (2) authorize the Secretary to continue to make interest reduction payments on transferred mortgage loans under the rental or cooperative housing for lower income families program. (Sec. 207) Amends the Housing and Community Development Amendments of 1978 to authorize the Secretary to provide for the assumption of all regulatory rights and responsibilities in connection with the sale of a HUD-held mortgage.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Partners in Reconstruction Act of 2006''. SEC. 2. DEFINITIONS. In this Act-- (1) the terms ``Administration'' and ``Administrator'' mean the Small Business Administration and the Administrator thereof, respectively; (2) the term ``small business concern'' has the same meaning as in section 3 of the Small Business Act (15 U.S.C. 632); and (3) the term ``small business concern owned and controlled by socially and economically disadvantaged individuals'' has the same meaning as in section 8 of the Small Business Act (15 U.S.C. 637). SEC. 3. SMALL BUSINESS PROCUREMENT FLEXIBILITIES; GOVERNMENT-WIDE GUIDANCE. Section 5 of the Small Business Act (15 U.S.C. 634) is amended by adding at the end the following: ``(i) Small Business Emergency Procurement Flexibilities; Government-Wide Guidance.-- ``(1) Definition.--In this subsection, the term `Guidelines' means the guidelines entitled `Emergency Procurement Flexibilities (A Framework for Responsive Contracting & Guidelines for Using Simplified Acquisition Procedures)' issued by the Office of Federal Procurement Policy of the Office of Management and Budget on May 30, 2003, or any successor thereto. ``(2) Office of federal procurement policy.--In order to enable the Federal Government to purchase goods and service quickly and efficiently in times of disaster, contingency, or other emergency, while promoting small business concern utilization, the Administrator for Federal Procurement Policy shall-- ``(A) ensure that the Guidelines continue to strongly encourage that the Federal Government utilize the small business procurement flexibilities in this Act; ``(B) ensure that the Guidelines fully address all available small business procurement flexibilities (including flexibilities authorized for small business concerns owned and controlled by socially and economically disadvantaged individuals under section 8(a), HUBZone small business concerns, and small business concerns owned and controlled by service- disabled veterans); ``(C) periodically revise, update, or modify the Guidelines; ``(D) publish the Guidelines, as updated to comply with this paragraph, in the Federal Register; and ``(E) consult with the Administrator on any changes to the Guidelines. ``(3) Administration.--The Administrator shall, with regard to the Guidelines-- ``(A) develop and conduct ongoing government-wide training on small business emergency procurement flexibilities (including flexibilities authorized for small business concerns owned and controlled by socially and economically disadvantaged individuals under section 8(a), HUBZone small business concerns, and small business concerns owned and controlled by service-disabled veterans); and ``(B) designate not fewer than 1 official to provide advice and assistance to the Office of Federal Procurement Policy and other Federal agencies on the use of small business procurement flexibilities in times of disaster, contingency, or other emergency.''. SEC. 4. PAPERWORK RECIPROCITY FOR SMALL DISASTER CONTRACTORS. Not later than 30 days after the date of enactment of this Act, the Administrator shall ensure that all eligible small business concerns receive the full benefit of reciprocity in certifications between Federal and Federally-funded contracting programs for small business concerns owned and controlled by socially and economically disadvantaged individuals. SEC. 5. HURRICANE KATRINA AND RITA SMALL BUSINESS CONTRACTING DATA. Not later than 30 days after the date of enactment of this Act, the Administrator for Federal Procurement Policy and the Administrator shall ensure that the Federal Procurement Data System contains comprehensive Government-wide data on small business participation in contracting related to Hurricane Katrina of 2005 or Hurricane Rita of 2005. SEC. 6. DISASTER AREA HUBZONES. Section 3(p)(1) of the Small Business Act (15 U.S.C. 632(p)(1)) is amended-- (1) in subparagraph (D), by striking ``or''; (2) in subparagraph (E), by striking the period and inserting ``; or''; and (3) by adding at the end the following: ``(F) any area affected by Hurricane Katrina of 2005 or Hurricane Rita of 2005, for such time or in such geographic area as designated by the Administrator.''. SEC. 7. DISASTER CONTRACTING OUTREACH PROGRAMS FOR SMALL BUSINESSES. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Administrator shall establish a contracting outreach and technical assistance program for small business concerns that-- (1) had a primary place of business, or other significant presence, in the area affected by Hurricane Katrina of 2005 or Hurricane Rita of 2005, as designated by the Administrator under section 7(b)(2) of the Small Business Act, beginning on the date that is 60 days before the date of that designation by the Administrator; or (2) have a primary place of business, or other significant presence, in the area affected by Hurricane Katrina of 2005 or Hurricane Rita of 2005, as designated by the Administrator under section 7(b)(2) of the Small Business Act, during the period beginning on the date of that designation and ending on the date that is 5 years after the date of that designation. (b) Administrator Action.--The Administrator may fulfill the requirement of subsection (a) by acting through-- (1) the Administration; (2) the Federal agency small business officials designated under section 15(k)(1) of the Small Business Act (15 U.S.C. 644(k)(1)); and (3) any Federal, State, or local government entity, higher education institution, Procurement Technical Assistance Center, or private nonprofit organization that the Administrator determines is proper, upon conclusion of a memorandum of understanding or assistance agreement, as appropriate, with the Administrator. SEC. 8. SMALL BUSINESS BONDING THRESHOLD. (a) In General.--Except as provided in subsection (b), and notwithstanding any other provision of law, for any procurement related to Hurricane Katrina of 2005 or Hurricane Rita of 2005, the Administrator may, upon such terms and conditions as the Administrator may prescribe, guarantee and enter into commitments to guarantee any surety against loss resulting from a breach of the terms of a bid bond, payment bond, performance bond, or bonds ancillary thereto, by a principal on any total work order or contract amount at the time of bond execution that does not exceed $5,000,000. (b) Increase of Amount.--Upon request of the head of any Federal agency other than the Administration involved in reconstruction efforts in response to Hurricane Katrina of 2005 or Hurricane Rita of 2005, the Administrator may guarantee and enter into a commitment to guarantee any security against loss under subsection (a) on any total work order or contract amount at the time of bond execution that does not exceed $10,000,000. SEC. 9. FAIR SMALL BUSINESS PARTICIPATION. In order to facilitate the maximum practicable participation of small business concerns in activities related to relief and recovery from Hurricane Katrina of 2005 and Hurricane Rita of 2005, the Administrator and the head of any Federal agency making procurements related to the aftermath of Hurricane Katrina of 2005 or Hurricane Rita of 2005, shall set a goal of awarding to small business concerns not less than 30 percent of amounts expended for prime contracts and not less than 40 percent of amounts expended for subcontracts on procurements by such agency related to the aftermath of Hurricane Katrina of 2005 or Hurricane Rita of 2005, respectively. SEC. 10. PROTECTION OF SMALL BUSINESS RESERVATION. Section 15(j) of the Small Business Act (15 U.S.C. 644(j)) is amended by adding at the end the following: ``(4) For any contracts involving the use of the special emergency procurement authority under section 32A(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 428a(c)), the dollar ceiling of the small business reservation established in paragraph (1) shall be adjusted to match the applicable amount of the simplified acquisition threshold.''. SEC. 11. SMALL BUSINESS MULTIPLE-AWARD DISASTER CONTRACTS. (a) In General.--The Administrator and the Administrator for Federal Procurement Policy shall ensure that the Federal Government establishes and maintains multiple-award contracts with small business concerns of all categories on a nationwide and regional basis for the purpose of conducting or supporting Federal disaster recovery efforts. (b) Report.--At the end of each fiscal year, the Administrator and the Administrator for Federal Procurement Policy shall submit to Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report describing the terms, conditions, and status of the contracts described in subsection (a) awarded during the preceding fiscal year. SEC. 12. TRANSPARENCY IN DISASTER SUBCONTRACTING. The Administrator and the head of each executive agency awarding recovery and reconstruction contracts related to Hurricane Katrina of 2005 or Hurricane Rita of 2005 shall ensure that each such contract for which a small business subcontracting plan is required by law or contract terms contains a clause requiring the posting of subcontracting opportunities on the SUB-Net database established by the Administration under section 8(e) of the Small Business Act (15 U.S.C. 637(e)), or any successor thereto. SEC. 13. PROTECTION OF SMALL BUSINESS SUBCONTRACTING. Section 8(d)(4)(D) of the Small Business Act (15 U.S.C. 637(d)(4)(D)) is amended-- (1) by striking ``(D) No contract'' and inserting the following: ``(D) Small business participation.-- ``(i) In general.--No contract''; and (2) by adding at the end the following: ``(ii) Emergency procurements.-- ``(I) In general.--For any contract which otherwise meets the requirements of this subsection, and which involves the use of special emergency procurement authority under section 32A(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 428a(c)), the subcontracting plan required under this subsection shall be negotiated as soon as is practicable, but not later than 30 days after the date on which the contract is awarded. ``(II) Payment.--Not greater than 50 percent of the amounts due under any contract described in subclause (I) may be paid, unless a subcontracting plan compliant with this subsection is negotiated by the contractor.''. SEC. 14. CONTRACTING PRIORITY FOR LOCAL SMALL BUSINESSES. Section 15(d) of the Small Business Act (15 U.S.C. 644(d)) is amended-- (1) by striking ``(d) For purposes'' and inserting the following: ``(d) Contracting Priorities.-- ``(1) In general.--For purposes''; and (2) by adding at the end the following: ``(2) Disaster contracting priority in general.--The Administrator shall designate any disaster area as an area of concentrated unemployment or underemployment, or a labor surplus area for purposes of paragraph (1). ``(3) Local small businesses.-- ``(A) In general.--The Administrator shall give priority in the awarding of contracts and the placement of subcontracts for disaster relief to local small business concerns. ``(B) Other agencies.--The head of each executive agency shall give priority in the awarding of contracts and the placement of subcontracts for disaster relief to local small business concerns, by using, as appropriate-- ``(i) preferential factors in evaluations of contract bids and proposals; ``(ii) competitions restricted to local small business concerns, where there is a reasonable expectation of receiving competitive, reasonably priced bids or proposals from not fewer than 2 local small business concerns; ``(iii) requirements of preference for local small business concerns in subcontracting plans; and ``(iv) assessments of liquidated damages and other contractual penalties, including contract termination. ``(C) Other disaster assistance.--Priority shall be given to local small business concerns in the awarding of contracts and the placement of subcontracts for disaster relief in any Federal procurement and any procurement by a State or local government made with Federal disaster assistance funds. ``(4) Definitions.--In this subsection-- ``(A) the term `declared disaster' means Hurricane Katrina of 2005, Hurricane Rita of 2005, or any other disaster, as designated by the Administrator; ``(B) the term `disaster area' means any State or area affected by a declared disaster, as determined by the Administrator; ``(C) the term `executive agency' has the same meaning as in section 105 of title 5, United States Code; and ``(D) the term `local small business concern' means a small business concern that-- ``(i) on the date immediately preceding the date on which a declared disaster occurred-- ``(I) had a principal office in the disaster area for such declared disaster; and ``(II) employed a majority of the workforce of such small business concern in the disaster area for such declared disaster; and ``(ii) is capable of performing a substantial proportion of any contract or subcontract for disaster relief within the disaster area for such declared disaster, as determined by the Administrator.''. SEC. 15. RELIEF FROM TEST PROGRAM. Section 711(d) of the Small Business Competitive Demonstration Program Act of 1988 (15 U.S.C. 644 note) is amended-- (1) by striking ``The Program'' and inserting the following: ``(1) In general.--Except as provided in paragraph (2), the Program''; and (2) by adding at the end the following: ``(2) Exception.--The Program shall not apply to any contract related to relief or reconstruction from Hurricane Katrina of 2005 or Hurricane Rita of 2005.''.

Summary: Small Business Partners in Reconstruction Act of 2006 - Amends the Small Business Act to define "Guidelines" as the guidelines entitled "Emergency Procurement Flexibilities" for responsive contracting and the use of simplified acquisition procedures, as issued by the Office of Federal Procurement Policy on May 30, 2003. Directs the Administrator for Federal Procurement Policy to: (1) ensure that the Guidelines continue to encourage the federal government to utilize small business procurement flexibilities in times of disaster, contingency, and other emergency; and (2) periodically revise, update, modify, and publish such Guidelines. Provides for or requires: (1) reciprocity with respect to contracting certifications for small businesses owned and controlled by socially and economically disadvantaged individuals; (2) an update of the Federal Procurement Data System with respect to small business participation in Hurricane Katrina or Rita-related contracting; (3) disaster contracting outreach programs for small businesses; (4) small business performance bonding thresholds; (5) small business participation in disaster-related federal contracts and subcontracts and disaster-related multiple-award contracts; and (6) disaster contracting priorities for local small businesses.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Budget Office Improvement Act of 1998''. SEC. 2. ESTABLISHMENT OF CBO CONGRESSIONAL BUDGET BOARD AND ECONOMIC ADVISORY COUNCIL. (a) Congressional Budget Board and Economic Advisory Council.-- Title II of the Congressional Budget Act of 1974 (2 U.S.C. 601 et seq.) is amended by adding at the end thereof the following new sections: ``congressional budget board ``Sec. 204. (a) Establishment and Functions.--There shall be a Congressional Budget Office Board (referred to as the `Board'), which shall-- ``(1) provide general oversight of the operations of the Office, including monitoring, reviewing, and evaluating the performance of the Office; ``(2) approve in advance the undertaking by the Office of any studies and the publication of any reports in addition to those required by law that the Director may propose to undertake or publish as an appropriate undertaking in furtherance of the purposes for which the Office is established; and ``(3) provide general guidance to the Director in the formulation and implementation of procedures and policies for the Office. ``(b) Membership.--The Board shall consist of 13 members as follows: ``(1) 6 Members of the Senate, appointed by the President pro tempore of the Senate, 3 from the majority party and 3 from the minority party; ``(2) 6 Members of the House of Representatives appointed by the Speaker of the House of Representatives, 3 from the majority party and 3 from the minority party; and ``(3) the Director, who shall not be a voting member. ``(c) Execution of Functions During Vacancies; Filling of Vacancies.--Vacancies in the membership of the Board shall not affect the power of the remaining members to execute the functions of the Board and shall be filled in the same manner as the original appointment. ``(d) Chairman and Vice Chairman; Selection Procedure.--(1) The Board shall select a chairman and vice chairman from among its members at the beginning of each Congress. ``(2) The vice chairman shall act in the place and stead of the chairman in the absence of the chairman. ``(3) The chairmanship and vice chairmanship shall alternate between the Senate and the House of Representatives with each Congress. ``(4) The chairman during each even-numbered Congress shall be selected by the Members of the House of Representatives on the Board from among their number. ``(5) The vice chairman during each Congress shall be chosen in the same manner from that House of Congress other than the House of Congress of which the chairman is a Member. ``(e) Meetings; Powers of Board.--(1) The Board may sit and act at such places and times during the sessions, recesses, and adjournment periods of Congress, and upon a vote of a majority of its members, require by subpoena or otherwise the attendance of such witnesses and the production of such books, papers, and documents, administer such oaths and affirmations, take such testimony, procure such printing and binding, and make such expenditures, as the Board deems advisable. ``(2) The Board may make such rules respecting its organization and procedures as it deems necessary, except that no recommendation shall be reported from the Board unless a majority of the Board assent. ``(3) The chairman of the Board or any voting member thereof may administer oaths or affirmations to witnesses. ``advisory council ``Sec. 205. (a) Establishment; Duties.--The Office shall establish an Economic Advisory Council (referred to as the `Council') which shall-- ``(1) review and make recommendations to the Board on activities undertaken by the Office; ``(2) evaluate the quality and objectivity of research performed by the Office and the reports that result from that research; and ``(3) undertake such additional related tasks as the Board may direct. ``(b) Composition.--The Council shall be composed of 12 members of the public, appointed by the Board, who shall be persons eminent in the fields of-- ``(1) public finance; ``(2) economics of taxation and microeconomics; and ``(3) macroeconomics. ``(c) Chairman and Vice Chairman; Terms and Conditions of Service.--(1) The Council, by majority vote, shall elect from its members a chairman and vice chairman, who shall serve for such time and under such conditions as the Council may prescribe. ``(2) In the absence of the chairman, or in the event of the chairman's incapacity, the vice chairman shall act as chairman. ``(d) Terms of Office; Reappointment.--(1) The term of office of each member of the Council shall be 4 years, except that any such member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall be appointed for the remainder of that term. ``(2) No person shall be appointed a member of the Council more than twice. ``(3) Terms of the members of the Council shall be staggered so as to establish a rotating membership according to such method as the Board may devise. ``(e) Compensation and Reimbursement for Travel, Subsistence, and Other Necessary Expenses.--The members of the Council shall receive compensation for each day engaged in the actual performance of duties vested in the Council at rates of pay not in excess of the daily equivalent of the highest rate of basic pay set forth in the General Schedule of section 5332(a) of title 5, and shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of duties vested in the Council, without regard to subchapter 1 of chapter 57 and section 5731 of title 5. ``disclosure of assumptions ``Sec. 205. Any report to Congress or to the public made by the Office that contains an estimate of the effect that legislation will have on revenues or expenditures shall be accompanied by a written statement fully disclosing the economic, technical, and behavioral assumptions that were made in producing the estimate.''. (b) Effective Date.--The amendment made by subsection (a) shall become effective January 1, 1999.

Summary: Congressional Budget Office Improvement Act of 1998 - Amends the Congressional Budget Act of 1974 to establish a Congressional Budget Office Board to: (1) provide general oversight of Congressional Budget Office (CBO) operations; (2) approve in advance the undertaking of Office studies and publication of reports that the CBO Director may propose; and (3) provide general guidance to the Director in the formulation and implementation of CBO procedures and policies. Directs CBO to establish an Economic Advisory Council to: (1) review and make recommendations to the Board on CBO activities; (2) evaluate the quality and objectivity of CBO research and reports; and (3) undertake additional related tasks as the Board may direct. Requires any CBO report to the Congress or the public that contains an estimate of the effect that legislation will have on revenues or expenditures to be accompanied by a written statement disclosing the economic, technical, and behavioral assumptions that were made in producing the estimate.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Safety Dividend Act''. SEC. 2. PAYMENT IN LIEU OF A COST-OF-LIVING ADJUSTMENT TO RECIPIENTS OF SOCIAL SECURITY, SUPPLEMENTAL SECURITY INCOME, RAILROAD RETIREMENT BENEFITS, AND VETERANS DISABILITY COMPENSATION OR PENSION BENEFITS. (a) Authority To Make Payments.-- (1) Eligibility.-- (A) In general.--The Secretary of the Treasury shall disburse, out of any funds in the Treasury of the United States not otherwise appropriated, a cash payment equal to $250 for each non-COLA year of a program providing benefit payments described in clause (i), (ii), or (iii) of subparagraph (C) or in subparagraph (D) to each individual who, for any month during such year, is entitled to such benefit payment. (B) Non-COLA year.--For purposes of this section, the term ``non-COLA year'' means, in connection with a program referred to in subparagraph (A), a 12-month period for which-- (i) a cost-of-living adjustment is generally provided under such program in relation to an index specified in section 215(i) of the Social Security Act (42 U.S.C. 415(i)); and (ii) such an adjustment does not take effect by reason of the performance of such index. (C) Benefit payment described.--For purposes of subparagraph (A): (i) Title ii benefit.--A benefit payment described in this clause is a monthly insurance benefit payable (without regard to sections 202(j)(1) and 223(b) of the Social Security Act (42 U.S.C. 402(j)(1), 423(b)) under-- (I) section 202(a) of such Act (42 U.S.C. 402(a)); (II) section 202(b) of such Act (42 U.S.C. 402(b)); (III) section 202(c) of such Act (42 U.S.C. 402(c)); (IV) section 202(d)(1)(B)(ii) of such Act (42 U.S.C. 402(d)(1)(B)(ii)); (V) section 202(e) of such Act (42 U.S.C. 402(e)); (VI) section 202(f) of such Act (42 U.S.C. 402(f)); (VII) section 202(g) of such Act (42 U.S.C. 402(g)); (VIII) section 202(h) of such Act (42 U.S.C. 402(h)); (IX) section 223(a) of such Act (42 U.S.C. 423(a)); (X) section 227 of such Act (42 U.S.C. 427); or (XI) section 228 of such Act (42 U.S.C. 428). (ii) Railroad retirement benefit.--A benefit payment described in this clause is a monthly annuity or pension payment payable (without regard to section 5(a)(ii) of the Railroad Retirement Act of 1974 (45 U.S.C. 231d(a)(ii))) under-- (I) section 2(a)(1) of such Act (45 U.S.C. 231a(a)(1)); (II) section 2(c) of such Act (45 U.S.C. 231a(c)); (III) section 2(d)(1)(i) of such Act (45 U.S.C. 231a(d)(1)(i)); (IV) section 2(d)(1)(ii) of such Act (45 U.S.C. 231a(d)(1)(ii)); (V) section 2(d)(1)(iii)(C) of such Act to an adult disabled child (45 U.S.C. 231a(d)(1)(iii)(C)); (VI) section 2(d)(1)(iv) of such Act (45 U.S.C. 231a(d)(1)(iv)); (VII) section 2(d)(1)(v) of such Act (45 U.S.C. 231a(d)(1)(v)); or (VIII) section 7(b)(2) of such Act (45 U.S.C. 231f(b)(2)) with respect to any of the benefit payments described in clause (i) of this subparagraph. (iii) Veterans benefit.--A benefit payment described in this clause is a compensation or pension payment payable under-- (I) section 1110, 1117, 1121, 1131, 1141, or 1151 of title 38, United States Code; (II) section 1310, 1312, 1313, 1315, 1316, or 1318 of title 38, United States Code; (III) section 1513, 1521, 1533, 1536, 1537, 1541, 1542, or 1562 of title 38, United States Code; or (IV) section 1805, 1815, or 1821 of title 38, United States Code, to a veteran, surviving spouse, child, or parent as described in paragraph (2), (3), (4)(A)(ii), or (5) of section 101, title 38, United States Code. (D) SSI cash benefit described.--A SSI cash benefit described in this subparagraph is a cash benefit payable under section 1611 (other than under subsection (e)(1)(B) of such section) or 1619(a) of the Social Security Act (42 U.S.C. 1382, 1382h). (2) Requirement.--A payment shall be made under paragraph (1) only to individuals who reside in 1 of the 50 States, the District of Columbia, Puerto Rico, Guam, the United States Virgin Islands, American Samoa, or the Northern Mariana Islands, or who are utilizing a foreign or domestic Army Post Office, Fleet Post Office, or Diplomatic Post Office address. For purposes of the preceding sentence, the determination of the individual's residence shall be based on the address of record, as of the date of certification under subsection (b) for a payment under this section under a program specified in paragraph (1). (3) No double payments.--An individual shall be paid only 1 payment for any non-COLA year under this section, regardless of whether the individual is entitled to, or eligible for, more than 1 benefit or cash payment described in paragraph (1). (4) Limitation.--A payment under this section shall not be made (or, in the case of subparagraph (D), shall not be due)-- (A) in the case of an individual entitled to a benefit specified in paragraph (1)(B)(i) or paragraph (1)(B)(ii)(VIII) if, for any month within the 12-month period ending with the month of payment, such individual's benefit under such paragraph was not payable by reason of subsection (x) or (y) of section 202 the Social Security Act (42 U.S.C. 402) or section 1129A of such Act (42 U.S.C. 1320a-8a); (B) in the case of an individual entitled to a benefit specified in paragraph (1)(B)(iii) if, for any month within the 12-month period ending with the month of payment, such individual's benefit under such paragraph was not payable, or was reduced, by reason of section 1505, 5313, or 5313B of title 38, United States Code; (C) in the case of an individual entitled to a benefit specified in paragraph (1)(C) if, for any month within the 12-month period ending with the month of payment, such individual's benefit under such paragraph was not payable by reason of subsection (e)(1)(A) or (e)(4) of section 1611 (42 U.S.C. 1382) or section 1129A of such Act (42 U.S.C. 1320a-8a); or (D) in the case of any individual whose date of death occurs-- (i) before the date of the receipt of the payment; or (ii) in the case of a direct deposit, before the date on which such payment is deposited into such individual's account. In the case of any individual whose date of death occurs before a payment is negotiated (in the case of a check) or deposited (in the case of a direct deposit), such payment shall not be due and shall not be reissued to the estate of such individual or to any other person. (5) Timing and manner of payments.--The Secretary of the Treasury shall commence disbursing payments under this section at the earliest practicable date for any non-COLA year prior to April 1 following such year. The Secretary of the Treasury may disburse any payment electronically to an individual in such manner as if such payment was a benefit payment or cash benefit to such individual under the applicable program described in subparagraph (B) or (C) of paragraph (1). (b) Identification of Recipients.--The Commissioner of Social Security, the Railroad Retirement Board, and the Secretary of Veterans Affairs shall certify the individuals entitled to receive payments under this section for each non-COLA year and provide the Secretary of the Treasury with the information needed to disburse such payments. A certification of an individual shall be unaffected by any subsequent determination or redetermination of the individual's entitlement to, or eligibility for, a benefit specified in subparagraph (B) or (C) of subsection (a)(1) (except that such certification shall be affected by a determination that an individual is an individual described in subparagraph (A), (B), (C), or (D) of subsection (a)(4) during a period described in such subparagraphs). (c) Treatment of Payments.-- (1) Payment to be disregarded for purposes of all federal and federally assisted programs.--A payment under subsection (a) shall not be regarded as income and shall not be regarded as a resource for the month of receipt and the following 9 months, for purposes of determining the eligibility of the recipient (or the recipient's spouse or family) for benefits or assistance, or the amount or extent of benefits or assistance, under any Federal program or under any State or local program financed in whole or in part with Federal funds. (2) Payment not considered income for purposes of taxation.--A payment under subsection (a) shall not be considered as gross income for purposes of the Internal Revenue Code of 1986. (3) Payments protected from assignment.--The provisions of sections 207 and 1631(d)(1) of the Social Security Act (42 U.S.C. 407, 1383(d)(1)), section 14(a) of the Railroad Retirement Act of 1974 (45 U.S.C. 231m(a)), and section 5301 of title 38, United States Code, shall apply to any payment made under subsection (a) as if such payment was a benefit payment or cash benefit to such individual under the applicable program described in subparagraph (B) or (C) of subsection (a)(1). (4) Payments subject to offset.--Notwithstanding paragraph (3)-- (A) any payment made under this section shall, in the case of a payment of a direct deposit which is made after the date of the enactment of this Act, be subject to the reclamation provisions under subpart B of part 210 of title 31, Code of Federal Regulations (relating to reclamation of benefit payments); and (B) any payment made under this section shall not, for purposes of section 3716 of title 31, United States Code, be considered a benefit payment or cash benefit made under the applicable program described in subparagraph (B) or (C) of subsection (a)(1), and all amounts paid shall be subject to offset to collect delinquent debts. (d) Payment to Representative Payees and Fiduciaries.-- (1) In general.--In any case in which an individual who is entitled to a payment under subsection (a) and whose benefit payment or cash benefit described in paragraph (1) of that subsection is paid to a representative payee or fiduciary, the payment under subsection (a) shall be made to the individual's representative payee or fiduciary and the entire payment shall be used only for the benefit of the individual who is entitled to the payment. (2) Applicability.-- (A) Payment on the basis of a title ii or ssi benefit.--Section 1129(a)(3) of the Social Security Act (42 U.S.C. 1320a-8(a)(3)) shall apply to any payment made on the basis of an entitlement to a benefit specified in paragraph (1)(B)(i) or (1)(C) of subsection (a) in the same manner as such section applies to a payment under title II or XVI of such Act. (B) Payment on the basis of a railroad retirement benefit.--Section 13 of the Railroad Retirement Act (45 U.S.C. 231l) shall apply to any payment made on the basis of an entitlement to a benefit specified in paragraph (1)(B)(ii) of subsection (a) in the same manner as such section applies to a payment under such Act. (C) Payment on the basis of a veterans benefit.-- Sections 5502, 6106, and 6108 of title 38, United States Code, shall apply to any payment made on the basis of an entitlement to a benefit specified in paragraph (1)(B)(iii) of subsection (a) in the same manner as those sections apply to a payment under that title.

Summary: Social Security Safety Dividend Act - Directs the Secretary of the Treasury to disburse a $250 payment for a particular year to recipients of Social Security benefits, Supplemental Security Income (SSI) benefits (under title XVI of the Social Security Act), railroad retirement benefits, or veterans disability compensation or pension benefits if no cost-of-living adjustment (COLA) is payable for any month in such a year.


SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``Endangered Species Criminal and Civil Penalties Liability Reform Act''. (b) References to Endangered Species Act of 1973.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to that section or provision of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). SEC. 2. SPECIFIC INTENT REQUIRED FOR PENALTIES REGARDING TAKINGS OF SPECIES. Section 9 (16 U.S.C. 1538) is amended by adding at the end the following: ``(h) Specific Intent Required for Taking.--For purposes of this section, the term `take' means to-- ``(1) knowingly and intentionally perform any act with the knowledge that the act would constitute harassing, harming, pursuing, hunting, shooting, wounding, killing, trapping, capturing, or collecting an individual member of a species that was present at the time and location of the act; or ``(2) attempt to engage in conduct described in paragraph (1).''. SEC. 3. REQUIREMENT TO PROVIDE NOTICE AND OPPORTUNITY TO CORRECT VIOLATION. Section 10 (16 U.S.C. 1540) is amended by adding at the end the following: ``(k) Notice and Opportunity To Correct Violation.-- ``(1) In general.--A person shall not be liable for any criminal or civil penalty for a violation of this Act committed while conducting an otherwise lawful activity and not for the purpose of a taking prohibited by this Act, unless-- ``(A) the Secretary provides the person notice of the violation; and ``(B) the person fails to terminate and otherwise correct the activity constituting the violation by not later than 30 days after the date of the notice. ``(2) Corrective action.--A person may correct an activity for purposes of paragraph (1)(B) by mitigation, entering into a binding commitment to carry out mitigation, or other method that is determined by the Secretary to be reasonably calculated to restore the species to its status immediately prior to the activity.''. SEC. 4. NO SURPRISES. Section 10(a) (16 U.S.C. 1539(a)) is amended by adding at the end the following: ``(3)(A) Each conservation plan developed under this subsection shall include provisions under which a person who has entered into, and is in compliance with, the conservation plan may not, without their consent, be required to undertake any additional mitigation measures for species covered by the plan if the measures would require payment of money, or compliance with use, development, or management restrictions on any land, waters, or water-related rights, in addition to payments or compliance, respectively, otherwise required under the terms of the plan. ``(B) The provisions required by subparagraph (A) shall, among other matters, identify-- ``(i) modifications to the plan; or ``(ii) additional conservation measures; if any, that the Secretary may require under extraordinary circumstances.''. SEC. 5. KNOWLEDGE OF ENDANGERED OR THREATENED STATUS REQUIRED FOR ENFORCEMENT ACTIONS. Section 11 (16 U.S.C. 1540) is further amended by adding at the end the following: ``(h) Knowledge of Endangered or Threatened Status Required.--In any enforcement action or citizen suit under this Act in which it is alleged that the defendant acted or failed to act with respect to a member of a species listed under section 4(c), it is an affirmative defense to the allegation that the defendant could not reasonably have known that the fish or wildlife or plant concerned is a member of an endangered species or threatened species.''. SEC. 6. SAFE HARBOR AGREEMENTS. Section 10 (16 U.S.C. 1539) is further amended by adding at the end thereof the following new subsection: ``(m) Safe Harbor Agreements.-- ``(1) Agreements.-- ``(A) In general.--The Secretary may enter into agreements with non-Federal persons to benefit the conservation of endangered species or threatened species by creating, restoring, or improving habitat or by maintaining currently unoccupied habitat for endangered species or threatened species. Under an agreement, the Secretary shall permit the person to take endangered species or threatened species included under the agreement on lands or waters that are subject to the agreement if the taking is incidental to, and not the purpose of, carrying out of an otherwise lawful activity, provided that the Secretary may not permit through such agreements any incidental take below the baseline requirement specified pursuant to subparagraph (B). ``(B) Baseline.--For each agreement under this subsection, the Secretary shall establish a baseline requirement that is mutually agreed upon by the applicant and the Secretary at the time of the agreement that will, at a minimum, maintain existing conditions for the species covered by the agreement on lands and waters that are subject to the agreement. The baseline may be expressed in terms of the abundance or distribution of endangered or threatened species, quantity or quality of habitat, or such other indicators as appropriate. ``(2) Standards and guidelines.--The Secretary shall issue standards and guidelines for the development and approval of safe harbor agreements in accordance with this subsection. ``(3) Financial assistance.-- ``(A) In general.--In cooperation with the States and subject to the availability of appropriations under section 15(d), the Secretary may provide a grant of up to $10,000 to any individual private landowner to assist the landowner in carrying out a safe harbor agreement under this subsection. ``(B) Prohibition on assistance for required activities.--The Secretary may not provide assistance under this paragraph for any action that is required by a permit issued under this Act or that is otherwise required under this Act or other Federal law. ``(C) Other payments.--Grants provided to an individual private landowner under this paragraph shall be in addition to, and not affect, the total amount of payments that the landowner is otherwise eligible to receive under the Conservation Reserve Program (16 U.S.C. 3831 et seq.), the Wetlands Reserve Program (16 U.S.C. 3837 et seq.), or the Wildlife Habitat Incentives Program (16 U.S.C. 3836a).''.

Summary: Endangered Species Criminal and Civil Penalties Liability Reform Act - Amends the Endangered Species Act of 1973 to define "take" to mean to knowingly and intentionally perform any act with the knowledge that the act would constitute harassing, harming, pursuing, hunting, shooting, wounding, killing, trapping, capturing, or collecting an individual member of a species that was present at the time and location of the act, or to attempt to engage in such conduct. Prohibits a person from being liable for any criminal or civil penalty for a violation committed while conducting an otherwise lawful activity and not for the purpose of a prohibited taking, unless: (1) the Secretary of the Interior provides the person with notice of the violation; and (2) the person fails to terminate and correct the activity constituting the violation by not later than 30 days after the date of the notice. Requires each conservation plan developed to include provisions under which persons who have entered into, and are in compliance with, the conservation plan may not, without their consent, be required to undertake any additional mitigation measures for species covered by the plan if the measures would require payment or compliance with use, development, or management restrictions on any land, waters, or water related rights, in addition to payments or compliance, respectively, otherwise required under the terms of the plan. Requires such provisions, among other matters, to identify modifications to the plan or additional conservation measures, if any, that the Secretary may require under extraordinary circumstances. Makes it an affirmative defense, in any enforcement action or citizen suit in which it is alleged that a defendant acted or failed to act with respect to a member of an endangered or threatened species, that the defendant could not reasonably have known that the fish or wildlife or plant concerned is a member of an endangered or threatened species. Authorizes the Secretary to: (1) enter into "safe harbor" agreements with non-Federal persons to benefit the conservation of endangered or threatened species by creating, restoring, or improving habitat or by maintaining currently unoccupied habitat; and (2) provide a grant of up to $10,000 to any individual private landowner to assist the landowner in carrying out such an agreement.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Reserve Component Tax Assistance Act of 2001''. SEC. 2. DEDUCTION OF CERTAIN EXPENSES OF MEMBERS OF THE RESERVE COMPONENT. (a) Deduction Allowed.--Section 162 of the Internal Revenue Code of 1986 (relating to certain trade or business expenses) is amended by redesignating subsection (p) as subsection (q) and inserting after subsection (o) the following new subsection: ``(p) Treatment of Expenses of Members of Reserve Component of Armed Forces of the United States.--For purposes of subsection (a), in the case of an individual who performs services as a member of a reserve component of the Armed Forces of the United States at any time during the taxable year, such individual shall be deemed to be away from home in the pursuit of a trade or business during any period for which such individual is away from home in connection with such service.''. (b) Deduction Allowed Whether or Not Taxpayer Elects To Itemize.-- Section 62(a)(2) of the Internal Revenue Code of 1986 (relating to certain trade and business deductions of employees) is amended by adding at the end the following new subparagraph: ``(D) Certain expenses of members of reserve components of the armed forces of the united states.-- The deductions allowed by section 162 which consist of expenses paid or incurred by the taxpayer in connection with the performance of services by such taxpayer as a member of a reserve component of the Armed Forces of the United States.''. (c) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2001. SEC. 3. CREDIT FOR EMPLOYMENT OF RESERVE COMPONENT PERSONNEL. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45E. RESERVE COMPONENT EMPLOYMENT CREDIT. ``(a) General Rule.--For purposes of section 38, the reserve component employment credit determined under this section is an amount equal to the sum of-- ``(1) the employment credit with respect to all qualified employees of the taxpayer, plus ``(2) the self-employment credit of a qualified self- employed taxpayer. ``(b) Employment Credit.--For purposes of this section-- ``(1) In general.--The employment credit with respect to a qualified employee of the taxpayer for any taxable year is equal to 50 percent of the amount of qualified compensation that would have been paid to the employee with respect to all periods during which the employee participates in qualified reserve component duty to the exclusion of normal employment duties, including time spent in a travel status had the employee not been participating in qualified reserve component duty. The employment credit, with respect to all qualified employees, is equal to the sum of the employment credits for each qualified employee under this subsection. ``(2) Qualified compensation.--When used with respect to the compensation paid or that would have been paid to a qualified employee for any period during which the employee participates in qualified reserve component duty, the term `qualified compensation' means compensation-- ``(A) which is normally contingent on the employee's presence for work and which would be deductible from the taxpayer's gross income under section 162(a)(1) if the employee were present and receiving such compensation, and ``(B) which is not characterized by the taxpayer as vacation or holiday pay, or as sick leave or pay, or as any other form of pay for a nonspecific leave of absence, and with respect to which the number of days the employee participates in qualified reserve component duty does not result in any reduction in the amount of vacation time, sick leave, or other nonspecific leave previously credited to or earned by the employee. ``(3) Qualified employee.--The term `qualified employee' means a person who-- ``(A) has been an employee of the taxpayer for the 21-day period immediately preceding the period during which the employee participates in qualified reserve component duty, and ``(B) is a member of the Ready Reserve of a reserve component of an Armed Force of the United States as defined in sections 10142 and 10101 of title 10, United States Code. ``(c) Self-Employment Credit.-- ``(1) In general.--The self-employment credit of a qualified self-employed taxpayer for any taxable year is equal to 50 percent of the excess, if any, of-- ``(A) the self-employed taxpayer's average daily self-employment income for the taxable year over ``(B) the average daily military pay and allowances received by the taxpayer during the taxable year, while participating in qualified reserve component duty to the exclusion of the taxpayer's normal self-employment duties for the number of days the taxpayer participates in qualified reserve component duty during the taxable year, including time spent in a travel status. ``(2) Average daily self-employment income and average daily military pay and allowances.--As used with respect to a self-employed taxpayer-- ``(A) the term `average daily self-employment income' means the self-employment income (as defined in section 1402) of the taxpayer for the taxable year divided by the difference between-- ``(i) 365, and ``(ii) the number of days the taxpayer participates in qualified reserve component duty during the taxable year, including time spent in a travel status, and ``(B) the term `average daily military pay and allowances' means-- ``(i) the amount paid to the taxpayer during the taxable year as military pay and allowances on account of the taxpayer's participation in qualified reserve component duty, divided by ``(ii) the total number of days the taxpayer participates in qualified reserve component duty, including time spent in travel status. ``(3) Qualified self-employed taxpayer.--The term `qualified self-employed taxpayer' means a taxpayer who-- ``(A) has net earnings from self-employment (as defined in section 1402) for the taxable year, and ``(B) is a member of the Ready Reserve of a reserve component of an Armed Force of the United States. ``(d) Credit In Addition to Deduction.--The employment credit provided in this section is in addition to any deduction otherwise allowable with respect to compensation actually paid to a qualified employee during any period the employee participates in qualified reserve component duty to the exclusion of normal employment duties. ``(e) Limitations.-- ``(1) Maximum credit.-- ``(A) In general.--The credit allowed by subsection (a) for the taxable year-- ``(i) shall not exceed $7,500 in the aggregate, and ``(ii) shall not exceed $2,000 with respect to each qualified employee. ``(B) Controlled groups.--For purposes of applying the limitations in subparagraph (A)-- ``(i) all members of a controlled group shall be treated as one taxpayer, and ``(ii) such limitations shall be allocated among the members of such group in such manner as the Secretary may prescribe. For purposes of this subparagraph, all persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as members of a controlled group. ``(2) Disallowance for failure to comply with employment or reemployment rights of members of the reserve components of the armed forces of the united states.--No credit shall be allowed under subsection (a) to a taxpayer for-- ``(A) any taxable year in which the taxpayer is under a final order, judgment, or other process issued or required by a district court of the United States under section 4323 of title 38 of the United States Code with respect to a violation of chapter 43 of such title, and ``(B) the two succeeding taxable years. ``(3) Disallowance with respect to persons ordered to active duty for training.--No credit shall be allowed under subsection (a) to a taxpayer with respect to any period for which the person on whose behalf the credit would otherwise be allowable is called or ordered to active duty for any of the following types of duty: ``(A) active duty for training under any provision of title 10, United States Code, ``(B) training at encampments, maneuvers, outdoor target practice, or other exercises under chapter 5 of title 32, United States Code, or ``(C) full-time National Guard duty, as defined in section 101(d)(5) of title 10, United States Code. ``(f) General Definitions and Special Rules.-- ``(1) Military pay and allowances.--The term `military pay' means pay as that term is defined in section 101(21) of title 37, United States Code, and the term `allowances' means the allowances payable to a member of the Armed Forces of the United States under chapter 7 of that title. ``(2) Qualified reserve component duty.--The term `qualified reserve component duty' includes only active duty performed, as designated in the reservist's military orders, in support of a contingency operation as defined in section 101(a)(13) of title 10, United States Code. ``(3) Normal employment and self-employment duties.--A person shall be deemed to be participating in qualified reserve component duty to the exclusion of normal employment or self- employment duties if the person does not engage in or undertake any substantial activity related to the person's normal employment or self-employment duties while participating in qualified reserve component duty unless in an authorized leave status or other authorized absence from military duties. If a person engages in or undertakes any substantial activity related to the person's normal employment or self-employment duties at any time while participating in a period of qualified reserve component duty, unless during a period of authorized leave or other authorized absence from military duties, the person shall be deemed to have engaged in or undertaken such activity for the entire period of qualified reserve component duty. ``(4) Certain rules to apply.--Rules similar to the rules of subsections (c), (d), and (e) of section 52 shall apply for purposes of this section.''. (b) Conforming Amendment.--Section 38(b) of the Internal Revenue Code of 1986 (relating to general business credit) is amended-- (1) by striking ``plus'' at the end of paragraph (12), (2) by striking the period at the end of paragraph (13) and inserting ``, plus'', and (3) by adding at the end the following new paragraph: ``(14) the reserve component employment credit determined under section 45E(a).''. (c) 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 45D the following new item: ``Sec. 45E. Reserve component employment credit.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001.

Summary: Reserve Component Tax Assistance Act of 2001 - Amends the Internal Revenue Code to allow as a business or trade deduction the expenses of a member of the reserve component of the U.S. armed forces in connection with such service. Makes such deduction available to itemizers and non-itemizers.Establishes related reserve component business-related employment and self-employment credits.


SECTION 1. PRIORITY OF CLAIMS FOR RETIREE HEALTH BENEFITS. (a) Definition.--Section 101 of title 11, United States Code, is amended-- (1) by redesignating paragraphs (4) through (12A) as paragraphs (3) through (12), respectively, (2) by redesignating paragraphs (48) through (55) as paragraphs (53) through (68), respectively, (3) by inserting after paragraph (47) the following: ``(52) `retiree health benefits' means payments to any entity or person for the purpose of providing or reimbursing payments for retired employees and their spouses and dependents, for medical, surgical, or hospital care benefits under any plan, fund, or program (through the purchase of insurance or otherwise) maintained or established in whole or in part by the debtor prior to filing a petition commencing a case under this title;'', and (4) by redesignating paragraphs (21A) through (47) as paragraphs (22) through (51), respectively, (b) Priority Under Chapter 7.--(1) Section 726(a)(1) of title 11, United States Code, is amended to read as follows: ``(1) first-- ``(A) except as provided in subparagraph (B), in payment of claims of the kind specified in, and in the order specified in section 507 of this title, proof of which is timely filed under section 501 of this title or tardily filed before the date on which the trustee commences distribution under this section; and ``(B) immediately after payment of claims of the kind specified in section 507(a)(4), in payment of allowed unsecured claims for retiree health benefits, but only to the extent of the aggregate amount that represents $10,000 multiplied by the number of former employees with respect to whom a retiree health benefit accrues;''. (2) Section 724(b)(2) of title 11, United States Code, is amended by inserting ``, and to holders of claims for retiree health benefits payable under section 726(a)(1)(B) of this title,'' after ``this title''. (c) Priority Under Chapter 11.--Section 1129(a) of title 11, United States Code, is amended-- (1) in paragraph (9)-- (A) in subparagraph (B)-- (i) by inserting ``subject to subparagraph (D)'' after ``receive'', and (ii) by striking ``and'' at the end, (B) in subparagraph (C) by striking the period at the end and inserting ``; and'', and (C) by adding at the end the following: ``(D) if liquidation is proposed in the plan, with respect to a class of claims for retiree health benefits, such class will receive immediately after payment of claims of the kinds specified in paragraphs (1), (2), (3), and (4) of section 507(a) of this title-- ``(i) if such class has accepted the plan, deferred cash payments of a value, as of the effective date of the plan; or ``(ii) if such class has not accepted the plan, cash on the effective date of the plan; equal to the allowed aggregate amount of such claims, but only to the extent of the aggregate amount that represents $10,000 multiplied by the number of former employees with respect to whom a retiree health benefit accrues.'', and (2) by amending paragraph (13) to read as follows: ``(13) The plan provides-- ``(A) except as provided in subparagraph (B), for the continuation after its effective date of payment of all retiree benefits (as defined in section 1114 of this title) at the level established pursuant to subsection (e)(1)(B) or (g) of section 1114 of this title, at any time prior to confirmation of the plan, for the duration of the period the debtor has obligated itself to provide such benefits; and ``(B) if the plan provides for liquidation, for the payment of allowed unsecured claims for retiree health benefits, but only to the extent of the aggregate amount that represents $10,000 multiplied by the number of former employees with respect to whom a retiree health benefit accrues.''. SEC. 2. RULE OF CONSTRUCTION. The amendments made by this Act shall not be construed to limit any priority to which claims for retiree health benefits are entitled under the provisions of title 11 of the United States Code that are not amended by this Act. SEC. 3. EFFECTIVE DATES; APPLICATION OF AMENDMENTS. (a) Effective Date.--Except as provided in subsection (b), this Act and the amendments made by section 1 shall take effect on the date of the enactment of this Act. (b) Application of Amendments.--(1) Except as provided in paragraph (2), the amendments made by section 1 shall apply only with respect to cases commenced under title 11, United States Code, after the date of the enactment of this Act. (2) The amendments made by section 1 shall apply with respect to-- (A) cases commenced under chapter 11 of title 11, United States Code, on or after March 1, 1989; and (B) cases converted from chapter 11 of title 11, United States Code, to chapter 7 of such Code on or after September 1, 1991.

Summary: Amends Federal bankruptcy law to establish a payment priority for retiree health benefit claims, with an aggregate limitation of $10,000 multiplied by the relevant number of former employees.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Hoopa-Yurok Settlement Amendment Act of 2004''. SEC. 2. ACQUISITION OF LAND FOR THE YUROK RESERVATION. Section 2(c) of the Hoopa-Yurok Settlement Act (25 U.S.C. 1300i- 1(c)) is amended by adding at the end the following: ``(5) Land acquisition.-- ``(A) In general.--Not later than 1 year after the date of enactment of this paragraph, the Secretary and the Secretary of Agriculture shall-- ``(i) in consultation with the Yurok Tribe, identify Federal and private land available from willing sellers within and adjacent to or in close proximity to the Yurok Reservation in the aboriginal territory of the Yurok Tribe (excluding any land within the Hoopa Valley Reservation) as land that may be considered for inclusion in the Yurok Reservation; ``(ii) negotiate with the Yurok Tribe to determine, from the land identified under clause (i), a land base for an expanded Yurok Reservation that will be adequate for economic self-sufficiency and the maintenance of religious and cultural practices; ``(iii) jointly with the Yurok Tribe, provide for consultation with local governments, and other parties whose interests are directly affected, concerning the potential sale or other transfer of land to the Yurok Tribe under this Act; ``(iv) submit to Congress a report identifying any parcels of land within their respective jurisdictions that are determined to be within the land base negotiated under clause (ii); and ``(v) not less than 60 days after the date of submission of the report under clause (iv), convey to the Secretary in trust for the Yurok Tribe the parcels of land within their respective jurisdictions that are within that land base. ``(B) Acceptance in trust.--The Secretary shall-- ``(i) accept in trust for the Yurok Tribe the conveyance of such private land as the Yurok Tribe, or the United States on behalf of the Yurok Tribe, may acquire from willing sellers, by exchange or purchase; and ``(ii) provide for the expansion of the Yurok Reservation boundaries to reflect the conveyances. ``(C) Funding.--Notwithstanding any other provision of law, from funds made available to carry out this Act, the Secretary may use $2,500,000 to pay the costs of appraisals, surveys, title reports, and other requirements relating to the acquisition by the Yurok Tribe of private land under this Act (excluding land within the boundaries of the Hoopa Valley Reservation). ``(D) Report.-- ``(i) In general.--Not later than 90 days after the date of submission of the report under subparagraph (A)(iv), the Secretary, in consultation with the Secretary of Agriculture relative to the establishment of an adequate land base for the Yurok Tribe, shall submit to Congress a report that describes-- ``(I) the establishment of an adequate land base for the Yurok Tribe and implementation of subparagraph (A); ``(II) the sources of funds remaining in the Settlement Fund, including the statutory authority for such deposits and the activities, including environmental consequences, if any, that gave rise to those deposits; ``(III) disbursements made from the Settlement Fund; ``(IV) the provision of resources, reservation land, trust land, and income-producing assets including, to the extent data are available (including data available from the Hoopa Valley Tribe and the Yurok Tribe), the environmental condition of the land and income-producing assets, infrastructure, and other valuable assets; and ``(V) to the extent data are available (including data available from the Hoopa Valley Tribe and the Yurok Tribe), the unmet economic, infrastructure, and land needs of each of the Hoopa Valley Tribe and the Yurok Tribe. ``(ii) Limitation.--No expenditures for any purpose shall be made from the Settlement Fund before the date on which, after receiving the report under clause (i), Congress enacts a law authorizing such expenditures, except as the Hoopa Valley Tribe and Yurok Tribes may agree pursuant to their respective constitutional requirements. ``(6) Claims.-- ``(A) In general.--The Court of Federal Claims shall hear and determine all claims of the Yurok Tribe or a member of the Yurok Tribe against the United States asserting that the alienation, transfer, lease, use, or management of land or natural resources located within the Yurok Reservation violates the Constitution, laws, treaties, Executive orders, regulations, or express or implied contracts of the United States. ``(B) Conditions.--A claim under subparagraph (A) shall be heard and determined-- ``(i) notwithstanding any statute of limitations (subject to subparagraph (C)) or any claim of laches; and ``(ii) without application of any setoff or other claim reduction based on a judgment or settlement under the Act of May 18, 1928 (25 U.S.C. 651 et seq.) or other laws of the United States. ``(C) Limitation.--A claim under subparagraph (A) shall be brought not later than 10 years after the date of enactment of this paragraph.''. SEC. 3. JURISDICTION. (a) Law Enforcement and Tribal Court Funds and Programs.--Section 2(f) of the Hoopla-Yurok Settlement Act (25 U.S.C. 1300i-1(f)) is amended-- (1) by striking ``The Hoopa'' and inserting the following: ``(1) In general.--The Hoopa''; (2) by striking the semicolon after ``Code'' the first place it appears and inserting a comma; and (3) by adding at the end the following: ``(2) Law enforcement and tribal court funds and programs.-- ``(A) In general.--Notwithstanding paragraph (1), Federal law enforcement and tribal court funds and programs shall be made available to the Hoopa Valley Tribe and Yurok Tribe on the same basis as the funds and programs are available to Indian tribes that are not subject to the provisions of law referred to in paragraph (1). ``(B) Authorization of appropriations.--There is authorized to be appropriated for Yurok law enforcement and tribal court programs $1,000,000 for each fiscal year.''. (b) Recognition of the Yurok Tribe.--Section 9 of the Hoopa-Yurok Settlement Act (25 U.S.C. 1300i-8) is amended by adding at the end the following: ``(f) Recognition of the Yurok Tribe.--The authority of the Yurok Tribe over its territories as provided in the constitution of the Yurok Tribe as of the date of enactment of this subsection are ratified and confirmed insofar as that authority relates to the jurisdiction of the Yurok Tribe over persons and land within the boundaries of the Yurok Reservation.''. (c) Yurok Reservation Resources.--Section 12 of the Hoopa Yurok Settlement Act (102 Stat. 2935) is amended by adding at the end the following: ``(c) Klamath River Basin Fisheries.-- ``(1) In general.--The Secretary and the Secretary of Agriculture shall enter into stewardship agreements with the Yurok Tribe with respect to management of Klamath River Basin fisheries and water resources. ``(2) Effect of paragraph.--Nothing in paragraph (1) provides the Yurok Tribe with any jurisdiction within the Hoopa Valley Reservation. ``(d) Management Authority.-- ``(1) Definition of comanangement authority.--In this subsection, the term `management authority' means the right to make decisions jointly with the Secretary or the Secretary of Agriculture, as the case may be, with respect to the natural resources and sacred and cultural sites described in paragraph (2). ``(2) Grant of management authority.--There is granted to the Yurok Tribe management authority over all natural resources, and over all sacred and cultural sites of the Yurok Tribe within their usual and accustomed places, that are on land remaining under the jurisdiction of the National Park Service, Forest Service, or Bureau of Land Management within the aboriginal territory of the Yurok Tribe. ``(e) Subsistence.-- ``(1) In general.--There is granted access for subsistence hunting, fishing, and gathering rights for members of the Yurok Tribe over all land and water within the aboriginal territory of the Yurok Tribe that remain under the jurisdiction of the Yurok Tribe or the United States, excluding any land within the Hoopa Valley Reservation. ``(2) Condition.--All subsistence-related activities under paragraph (1) shall be conducted in accordance with management plans developed by the Yurok Tribe.''. SEC. 4. BASE FUNDING. From amounts made available to the Secretary for new tribes funding, the Secretary shall make an adjustment in the base funding for the Yurok Tribe based on the enrollment of the Yurok Tribe as of the date of enactment of this Act. SEC. 5. YUROK INFRASTRUCTURE DEVELOPMENT. (a) In General.--There are authorized to be appropriated-- (1) $20,000,000 for the upgrade and construction of Bureau of Indian Affairs and tribal roads on the Yurok Reservation; (2) for each fiscal year, $500,000 for the operation of a road maintenance program for the Yurok Tribe; (3) $3,500,000 for purchase of equipment and supplies for the Yurok Tribe road maintenance program; (4) $7,600,000 for the electrification of the Yurok Reservation; (5) $2,500,000 for telecommunication needs on the Yurok Reservation; (6) $18,000,000 for the improvement and development of water and wastewater treatment systems on the Yurok Reservation; (7) $6,000,000 for the development and construction of a residential care, drug and alcohol rehabilitation, and recreational complex near Weitchpec; (8) $7,000,000 for the construction of a cultural center for the Yurok Tribe; (9) $4,000,000 for the construction of a tribal court, law enforcement, and detention facility in Klamath; (10) $10,000,000 for the acquisition or construction of at least 50 homes for Yurok Tribe elders; (11) $3,200,000 for the development and initial startup cost for a Yurok School District; and (12) $800,000 to supplement Yurok Tribe higher education need. (b) Priority.--Congress-- (1) recognizes the unsafe and inadequate condition of roads and major transportation routes on and to the Yurok Reservation; and (2) identifies as a priority that those roads and major transportation routes be upgraded and brought up to the same standards as transportation systems throughout the State of California. SEC. 6. YUROK ECONOMIC DEVELOPMENT. There are authorized to be appropriated-- (1) $20,000,000 for the construction of an ecolodge and associated costs; (2) $1,500,000 for the purchase of equipment to establish a gravel operation; and (3) $6,000,000 for the purchase and improvement of recreational and fishing resorts on the Yurok Reservation. SEC. 7. BLM LAND. (a) Conveyance to the Yurok Tribe.--The following parcels of Bureau of Land Management land within the aboriginal territory of the Yurok Tribe are conveyed in trust status to the Yurok Tribe: (1) T. 9N., R. 4E, HUM, sec. 1. (2) T. 9N., R. 4E, sec. 7. (3) T. 9N., R. 4E., sec. 8, lot 3. (4) T. 9N., R. 4E., sec. 9, lots 19 and 20. (5) T. 9N., R. 4E., sec. 17, lots 3 through 6. (6) T. 9N., R. 4E., sec. 18, lots 7 and 10. (7) T. 9N., R. 3E., sec. 13, lots 8 and 12. (8) T. 9N., R. 3E, sec. 14, lot 6. (b) Conveyance to the Hoopa Valley Tribe.--The following parcels of Bureau of Land Management land along the western boundaries of the Hoopa Valley Reservation are conveyed in trust status to the Hoopa Valley Tribe: (1) T. 9N, R. 3E., sec. 23, lots 7 and 8. (2) T. 9N., R. 3E., sec. 26, lots 1 through 3. (3) T. 7N., R. 3E., sec. 7, lots 1 and 6. (4) T. 7N., R. 3E., sec. 1. SEC. 8. REPEAL OF OBSOLETE PROVISIONS. Section 2(c)(4) of the Hoopa-Yurok Settlement Act (25 U.S.C. 1300i- 1(c)(4)) is amended by striking ``The-- '' and all that follows through ``shall not be'' and inserting ``The apportionment of funds to the Yurok Tribe under sections 4 and 7 shall not be''. SEC. 9. VOTING MEMBER. Section 3(c) of the Klamath River Basin Fisheries Restoration Act (16 U.S.C. 460ss-2(c)) is amended-- (1) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6); and (2) by striking paragraph (3) and inserting the following: ``(3) A representative of the Yurok Tribe who shall be appointed by the Yurok Tribal Council. ``(4) A representative of the Department of the Interior who shall be appointed by the Secretary.''. SEC. 10. ECONOMIC SELF-SUFFICIENCY. Section 10 of the Hoopa-Yurok Settlement Act (25 U.S.C. 1300i-9) is amended by striking subsection (a) and inserting the following: ``(a) Plan for Economic Self-Sufficiency.-- ``(1) Negotiations.--Not later than 30 days after the date of enactment of the Hoopa-Yurok Settlement Amendment Act of 2004, the Secretary shall enter into negotiations with the Yurok Tribe to establish a plan for the economic self- sufficiency of the Yurok Tribe, which shall be completed not later than 18 months after the date of enactment of the Hoopa- Yurok Settlement Amendment Act of 2004. ``(2) Submission to congress.--On the approval of the plan by the Yurok Tribe, the Secretary shall submit the plan to Congress. ``(3) Authorization of appropriations.--There is authorized to be appropriated $3,000,000 to establish the Yurok Tribe Self-Sufficiency Plan.''. SEC. 11. EFFECT OF ACT. Nothing in this Act or any amendment made by this Act limits the existing rights of the Hoopa Valley Tribe or the Yurok Tribe Tribe.

Summary: Hoopa-Yurok Settlement Amendment Act of 2004 - Amends the Hoopa-Yurok Settlement Act to provide for the acquisition of land for the Yurok Reservation. Provides that Federal law enforcement and tribal court funds and programs shall be made available to the Hoopa Valley Tribe and Yurok Tribe on the same basis as the funds and programs are available to other Indian tribes. Provides for recognition of the Yurok Tribe. Directs the Secretary of the Interior and the Secretary of Agriculture to enter into stewardship agreements with the Yurok Tribe with respect to management of Klamath River Basin fisheries and water resources. Authorizes appropriations for Yurok infrastructure development and for Yurok economic development. Amends the Klamath River Basin Fisheries Act to revise the membership of the Klamath Fishery Management Council to include as voting members a representative of the Yurok Tribe appointed by the Yurok Tribal Council and a representative of the Department of the Interior appointed by the Secretary of the Interior. Amends the Hoopa-Yurok Settlement Act to require the Secretary to enter into negotiations with the Yurok Tribe to establish a plan for the economic self-sufficiency of the Yurok Tribe.