SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayer's Right To View Act of 1993''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Federal Communications Commission predicts a diminished role for broadcast television and a more prominent role for cable television including pay-per-view. (2) Roughly 18,800,000 American homes are equipped to receive pay-per-view and this number is expected to increase to 35,900,000 by 1996. Overall pay-per-view revenue is expected to reach $1,100,000,000 by 1996. (3) There is a growing trend toward making events available exclusively on pay-per-view. (4) As this trend develops, whether the consumer has access to these events will be determined by the ability of the consumer to pay. (5) Professional sports leagues are beginning to see pay- per-view as a new revenue source to keep pace with escalating player salaries. (6) As a result, some media analysts predict that several of broadcast television's premier sports attractions eventually will migrate to pay-per-view. (7) Limited access to viewing such events as the ``Super Bowl'' or ``World Series'' would deprive citizens of the ability to enjoy these events which are inherent in the American tradition. (8) The majority of facilities in which such events are held are funded through taxpayer money. (9) It is unfair that taxpayers, who subsidize the construction and maintenance of many of these facilities, should have to pay an additional pay-per-view charge for viewing these events. (10) Nonprofit and public organizations including public and private educational institutions and their athletic organizations are exempt from the corporate income tax. (11) Furthermore, corporations can deduct their donations to college sporting events as charitable contributions. (12) Tax exempt status is granted to these nonprofit and public organizations by the Federal Government and it is unfair to allow those who use this status to engage in pay-per-view telecasting--thus forcing taxpayers to pay again. (13) It is unfair that taxpayers, who subsidize the construction and maintenance of many of these facilities, should have to pay an additional pay-per-view charge for viewing these events. (14) Therefore, Congress should ensure that all taxpaying citizens have free access to events that are sponsored by organizations with nonprofit tax exempt status and those events held in taxpayer subsidized facilities. SEC. 3. PAY-PER-VIEW CHARGES PROHIBITED. Section 623 of the Communications Act of 1934 (47 U.S.C. 543) is amended by adding at the end thereof the following new subsection: ``(i)(1) Notwithstanding any other provision of this title, a cable operator may not assess or collect any separate charges for any video programming of a sporting, theatrical, or other entertainment event if that event is performed at a facility constructed, renovated, or maintained with tax revenues or by an organization that receives public financial support. ``(2) The Commission and local franchising authorities are authorized to make determinations concerning the applicability of the prohibition contained in paragraph (1). In making such determinations-- ``(A) a facility shall be considered to have been constructed, maintained, or renovated with tax revenues if-- ``(i) tax exempt financing was used to construct, maintain, or renovate the facility, ``(ii) the facility was constructed on land donated by a government, or leased by a government at below market rates, or ``(iii) public infrastructure or public service for the facility are provided by the government at below market rates, with the exception of police, fire, and rescue services; ``(B) an event is performed by a nonprofit or public organization that receives tax subsidies if the event is sponsored by, or includes the participation of a team that is a part of, an organization-- ``(i) that is exempt from Federal income taxes under section 501 of the Internal Revenue Code of 1986, or ``(ii) that is exempt from Federal income taxes under section 115 of the Internal Revenue Code of 1986, and to which donations are tax deductible under such Code; and ``(C) notwithstanding subparagraph (A), a facility shall not be considered to have been constructed with tax revenues if the government has been reimbursed, through the proceeds of a sale of the facility or otherwise, for the total amount of the tax revenues that were used to construct the facility, as determined under subparagraph (A), but in this section shall be construed to exempt facilities from this subsection if the facility is receiving current financial support. ``(3) The Commission shall prescribe, by regulation, procedures for the administration of this subsection.''.

Summary: Taxpayer's Right to View Act of 1993 - Amends the Communications Act of 1934 to prohibit a cable operator from assessing separate charges for any video programming of a sporting, theatrical, or other entertainment event if that event is performed at a facility constructed, renovated, or maintained with tax revenues or by an organization that receives public financial support. Authorizes the Federal Communications Commission and local franchising authorities to make determinations concerning the applicability of such prohibition. Sets forth conditions under which a facility is considered to have been constructed, maintained, or renovated with tax revenues. Considers events performed by nonprofit or public organizations that receive tax subsidies to be subject to this Act if the event is sponsored by, or includes the participation of a team that is part of, a tax exempt organization.


SECTION 1. INDIVIDUALS TAXED ONLY ON EARNED INCOME. (a) In General.--Section 1 of the Internal Revenue Code of 1986 is amended to read as follows: ``SECTION 1. TAX IMPOSED. ``(a) Imposition of Tax.--There is hereby imposed on the income of every individual a tax equal to 20 percent of the excess (if any) of-- ``(1) the taxable earned income received or accrued during the taxable year, over ``(2) the standard deduction (as defined in section 63) for such taxable year. ``(b) Taxable Earned Income.--For purposes of this section, the term `taxable earned income' means the excess (if any) of earned income (as defined in section 911(d)(2)) over the foreign earned income (as defined in section 911(b)(1)).'' (b) Increase in Standard Deduction.--Section 63 of such Code is amended to read as follows: ``SEC. 63. STANDARD DEDUCTION. ``(a) In General.--For purposes of this subtitle, the term `standard deduction' means the sum of-- ``(1) the basic standard deduction, plus ``(2) the additional standard deduction. ``(b) Basic Standard Deduction.--For purposes of subsection (a), the basic standard deduction is-- ``(1) $16,500 in the case of-- ``(A) a joint return, and ``(B) a surviving spouse (as defined in section 2(a)), ``(2) $14,000 in the case of a head of household (as defined in section 2(b)), and ``(3) $9,500 in the case of an individual-- ``(A) who is not married and who is not a surviving spouse or head of household, or ``(B) who is a married individual filing a separate return. ``(c) Additional Standard Deduction.--For purposes of subsection (a), the additional standard deduction is $4,500 for each dependent (as defined in section 152) described in section 151(c)(1) for the taxable year. ``(d) Inflation Adjustment.-- ``(1) In general.--In the case of any taxable year beginning in a calendar year after 1995, each dollar amount contained in subsections (b) and (c) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 1994' for `calendar year 1992' in subparagraph (B) of such section. ``(2) Rounding.--If any increase determined under paragraph (1) is not a multiple of $50, such amount shall be rounded to the next lowest multiple of $50.'' SEC. 2. INCOME TAX DEDUCTION FOR CASH CHARITABLE CONTRIBUTIONS. (a) In General.--Subsection (a) of section 170 of the Internal Revenue Code of 1986 (relating to charitable, etc., contributions and gifts) is amended-- (1) by striking paragraph (1) and inserting the following new paragraph: ``(1) General rule.--There shall be allowed as a deduction any charitable contribution (as defined in subsection (c)) not to exceed $2,500 ($1,250, in the case of a married individual filing a separate return), payment of which is made within the taxable year.'', and (2) by striking paragraph (3). (b) Conforming Amendments.-- (1) Section 170(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(3) Termination of subsection.--This subsection shall not apply to taxable years beginning after December 31, 1995.'' (2) Section 170(c) of such Code is amended by inserting ``of cash or its equivalent'' after ``means a contribution or gift''. (3) Subsections (d) and (e) of section 170 of such Code are repealed. (4) Section 170(f) of such Code is amended by striking paragraphs (1) through (7) and by redesignating paragraphs (8) and (9) as paragraphs (1) and (2), respectively. (5) Subsections (h) and (i) of section 170 of such Code are repealed. SEC. 3. LIMITATION OF HOME MORTGAGE DEDUCTION TO ACQUISITION INDEBTEDNESS. Paragraph (3) of section 163(h) of the Internal Revenue Code of 1986 (relating to interest) is amended-- (1) by striking subparagraphs (A), (C), and (D) and inserting before subparagraph (B) the following new subparagraph: ``(A) In general.--The term `qualified residence interest' means any interest which is paid or accrued during the taxable year on acquisition indebtedness with respect to any qualified residence of the taxpayer. For purposes of the preceding sentence, the determination of whether any property is a qualified residence of the taxpayer shall be made as of the time the interest is accrued.'', and (2) by striking ``$1,000,000'' each place it appears and ``$500,000'' in subparagraph (B)(ii) and inserting ``$100,000'' and ``$50,000'', respectively. SEC. 4. MODIFICATION OF TAX ON BUSINESS ACTIVITIES. Section 11 of the Internal Revenue Code of 1986 (relating to tax imposed on corporations) is amended to read as follows: ``SEC. 11. TAX IMPOSED ON BUSINESS ACTIVITIES. ``(a) Tax Imposed.--There is hereby imposed on every person engaged in a business activity a tax equal to 20 percent of the business taxable income of such person. ``(b) Liability for Tax.--The tax imposed by this section shall be paid by the person engaged in the business activity, whether such person is an individual, partnership, corporation, or otherwise. ``(c) Business Taxable Income.-- ``(1) In general.--For purposes of this section, the term `business taxable income' means gross active income reduced by the deductions specified in subsection (d). ``(2) Gross active income.--For purposes of paragraph (1), the term `gross active income' means gross income other than investment income. ``(d) Deductions.-- ``(1) In general.--The deductions specified in this subsection are-- ``(A) the cost of business inputs for the business activity, ``(B) the compensation (including contributions to qualified retirement plans but not including other fringe benefits) paid for employees performing services in such activity, and ``(C) the cost of tangible personal and real property used in such activity. ``(2) Business inputs.--For purposes of subparagraph (A), the term `cost of business inputs' means-- ``(A) the actual amount paid for goods, services, and materials, whether or not resold during the taxable year, ``(B) the fair market value of business inputs brought into the United States, and ``(C) the actual cost, if reasonable, of travel and entertainment expenses for business purposes. Such term shall not include purchases of goods and services provided to employees or owners. ``(e) Carryover of Excess Deductions.-- ``(1) In general.--If the aggregate deductions for any taxable year exceed the gross active income for such taxable year, the amount of the deductions specified in subsection (d) for the succeeding taxable year (determined without regard to this subsection) shall be increased by the sum of-- ``(A) such excess, plus ``(B) the product of such excess and the 3-month Treasury rate for the last month of such taxable year. ``(2) 3-month treasury rate.--For purposes of paragraph (1), the 3-month Treasury rate is the rate determined by the Secretary based on the average market yield (during any 1-month period selected by the Secretary and ending in the calendar month in which the determination is made) on outstanding marketable obligations of the United States with remaining periods to maturity of 3 months or less.'' SEC. 5. EFFECTIVE DATE. The amendments made by this Act shall apply to taxable years beginning after December 31, 1995.

Summary: Amends the Internal Revenue Code to impose a 20 percent tax on the taxable earned income of every individual. Bases such amount on the standard deduction. (Replaces current income tax procedures for individuals.) Increases the basic standard deduction and includes an additional standard deduction (limited to dependents only), with inflation adjustments. Limits charitable contributions to $2,500 ($1,250 in the case of married individuals filing separately). Limits the deduction for interest paid on a home mortgage to the amount of acquisition indebtedness, with limitations. Replaces the current tax on corporations with a tax on every person engaged in a business activity equal to 20 percent of the business taxable income of such person. Makes the person engaged in the business activity liable for the tax.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Mississippi Gulf Coast National Heritage Area Act''. SEC. 2. CONGRESSIONAL FINDINGS. Congress finds that-- (1) the 6-county area in southern Mississippi located on the Gulf of Mexico and in the Mississippi Coastal Plain has a unique identity that is shaped by-- (A) the coastal and riverine environment; and (B) the diverse cultures that have settled in the area; (2) the area is rich with diverse cultural and historical significance, including-- (A) early Native American settlements; and (B) Spanish, French, and English settlements originating in the 1600s; (3) the area includes spectacular natural, scenic, and recreational resources; (4) there is broad support from local governments and other interested individuals for the establishment of the Mississippi Gulf Coast National Heritage Area to coordinate and assist in the preservation and interpretation of those resources; (5) the Comprehensive Resource Management Plan, coordinated by the Mississippi Department of Marine Resources-- (A) is a collaborative effort of the Federal Government and State and local governments in the area; and (B) is a natural foundation on which to establish the Heritage Area; and (6) establishment of the Heritage Area would assist local communities and residents in preserving the unique cultural, historical, and natural resources of the area. SEC. 3. DEFINITIONS. In this Act: (1) Heritage area.--The term ``Heritage Area'' means the Mississippi Gulf Coast National Heritage Area established by section 4(a). (2) Coordinating entity.--The term ``coordinating entity'' means the coordinating entity for the Heritage Area designated by section 4(c). (3) Management plan.--The term ``management plan'' means the management plan for the Heritage Area developed under section 5. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) State.--The term ``State'' means the State of Mississippi. SEC. 4. MISSISSIPPI GULF COAST NATIONAL HERITAGE AREA. (a) Establishment.--There is established in the State the Mississippi Gulf Coast National Heritage Area. (b) Boundaries.--The Heritage Area shall consist of the counties of Pearl River, Stone, George, Hancock, Harrison, and Jackson in the State. (c) Coordinating Entity.-- (1) In general.--The Mississippi Department of Marine Resources, in consultation with the Mississippi Department of Archives and History, shall serve as the coordinating entity for the Heritage Area. (2) Oversight committee.--The coordinating entity shall ensure that each of the 6 counties included in the Heritage Area is appropriately represented on any oversight committee. SEC. 5. MANAGEMENT PLAN. (a) In General.--Not later than 3 years after the date of enactment of this Act, the coordinating entity shall develop and submit to the Secretary a management plan for the Heritage Area. (b) Requirements.--The management plan shall-- (1) provide recommendations for the conservation, funding, management, interpretation, and development of the cultural, historical, archaeological, natural, and recreational resources of the Heritage Area; (2) identify sources of funding for the Heritage Area; (3) include-- (A) an inventory of the cultural, historical, archaeological, natural, and recreational resources of the Heritage Area; and (B) an analysis of ways in which Federal, State, tribal, and local programs may best be coordinated to promote the purposes of this Act; (4) provide recommendations for educational and interpretive programs to inform the public about the resources of the Heritage Area; and (5) involve residents of affected communities and tribal and local governments. (c) Failure to Submit.--If a management plan is not submitted to the Secretary by the date specified in subsection (a), the Secretary shall not provide any additional funding under this Act until a management plan for the Heritage Area is submitted to the Secretary. (d) Approval or Disapproval of the Management Plan.-- (1) In general.--Not later than 90 days after receipt of the management plan under subsection (a), the Secretary shall approve or disapprove the management plan. (2) Action following disapproval.--If the Secretary disapproves a management plan under paragraph (1), the Secretary shall-- (A) advise the coordinating entity in writing of the reasons for disapproval; (B) make recommendations for revision of the management plan; and (C) allow the coordinating entity to submit to the Secretary revisions to the management plan. (e) Revision.--After approval by the Secretary of the management plan, the coordinating entity shall periodically-- (1) review the management plan; and (2) submit to the Secretary, for review and approval by the Secretary, any recommendations for revisions to the management plan. SEC. 6. AUTHORITIES AND DUTIES OF COORDINATING ENTITY. (a) Authorities.--For purposes of developing and implementing the management plan and otherwise carrying out this Act, the coordinating entity may make grants to and provide technical assistance to tribal and local governments, and other public and private entities. (b) Duties.--In addition to developing the management plan under section 5, in carrying out this Act, the coordinating entity shall-- (1) implement the management plan; and (2) assist local and tribal governments and non-profit organizations in-- (A) establishing and maintaining interpretive exhibits in the Heritage Area; (B) developing recreational resources in the Heritage Area; (C) increasing public awareness of, and appreciation for, the cultural, historical, archaeological, and natural resources of the Heritage Area; (D) restoring historic structures that relate to the Heritage Area; and (E) carrying out any other activity that the coordinating entity determines to be appropriate to carry out this Act, consistent with the management plan; (3) conduct public meetings at least annually regarding the implementation of the management plan; and (4) for any fiscal year for which Federal funds are made available under section 9-- (A) submit to the Secretary a report that describes, for the fiscal year, the actions of the coordinating entity in carrying out this Act; (B) make available to the Secretary for audit all records relating to the expenditure of funds and any matching funds; and (C) require, for all agreements authorizing the expenditure of Federal funds by any entity, that the receiving entity make available to the Secretary for audit all records relating to the expenditure of the funds. (c) Prohibition on Acquisition of Real Property.--The coordinating entity shall not use Federal funds made available under this Act to acquire real property or any interest in real property. SEC. 7. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL AGENCIES. (a) In General.--On the request of the coordinating entity, the Secretary may provide technical and financial assistance to the coordinating entity for use in the development and implementation of the management plan. (b) Prohibition of Certain Requirements.--The Secretary may not, as a condition of the provision of technical or financial assistance under this section, require any recipient of the assistance to impose or modify any land use restriction or zoning ordinance. SEC. 8. EFFECT OF ACT. Nothing in this Act-- (1) affects or authorizes the coordinating entity to interfere with-- (A) the right of any person with respect to private property; or (B) any local zoning ordinance or land use plan; (2) restricts an Indian tribe from protecting cultural or religious sites on tribal land; (3) modifies, enlarges, or diminishes the authority of any State, tribal, or local government to regulate any use of land under any other law (including regulations); (4)(A) modifies, enlarges, or diminishes the authority of the State to manage fish and wildlife in the Heritage Area, including the regulation of fishing and hunting; or (B) authorizes the coordinating entity to assume any management authorities over such lands; or (5) diminishes the trust responsibilities or government-to- government obligations of the United States to any federally recognized Indian tribe. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act $10,000,000, of which not more than $1,000,000 may be made available for any fiscal year. (b) Cost-Sharing Requirement.--The Federal share of the total cost of any activity assisted under this Act shall be not more than 50 percent.

Summary: Mississippi Gulf Coast National Heritage Area Act - Establishes, in the State of Mississippi, the Mississippi Gulf Coast National Heritage Area, and assigns the Mississippi Department of Marine Resources to serve as the Area's coordinating entity (the entity). Directs the entity to develop and submit to the Secretary of the Interior a management plan for the Area. States elements that the plan shall contain, including recommendations for: (1) the conservation and development of the Area's resources; and (2) educational and interpretive programs.Directs the Secretary to approve or disapprove of the plan. Directs the entity to periodically review the plan and to submit amendments for approval.Allows the entity to make grants to and provide technical assistance to tribal and local governments and other public and private entities to further the development and implementation of the plan. Directs the entity to perform certain functions in carrying out this Act, including to: (1) assist local and tribal governments and non-profits in various ways; and (2) make available to the Secretary for audit all records relating to the expenditure of funds and any matching funds.Sets forth things this Act shall not do, including that it shall not restrict an Indian tribe from protecting cultural or religious sites on tribal land.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Learning through Electronically-Accessible and Reasonable Cost Information Act of 2013'' or the ``CLEAR Cost Information Act of 2013''. SEC. 2. REPORTING OF CERTAIN HOSPITAL PAYMENT DATA. (a) In General.--Section 1866 of the Social Security Act (42 U.S.C. 1395cc) is amended-- (1) in subsection (a)(1)-- (A) in subparagraph (V), by striking ``and'' at the end; (B) in subparagraph (W), as added by section 3005 of Public Law 111-148-- (i) by moving such subparagraph 2 ems to the left; and (ii) by striking the period at the end and inserting a comma; (C) in subparagraph (W), as added by section 6406(b) of Public Law 111-148-- (i) by moving such subparagraph 2 ems to the left; (ii) by redesignating such subparagraph as subparagraph (X); and (iii) by striking the period at the end and inserting ``, and''; and (D) by inserting after subparagraph (X), as redesignated by subparagraph (C)(ii), the following new subparagraph: ``(Y) in the case of a subsection (d) hospital (as defined in section 1886(d)(1)(B)), to report payment data to the Secretary in accordance subsection (l).''; and (2) by adding at the end the following new subsection: ``(l) Reporting of Certain Hospital Payment Data.-- ``(1) In general.--A subsection (d) hospital (as defined in section 1886(d)(1)(B)) shall submit to the Secretary data on the actual amounts collected by the hospital from uninsured and insured patients over the preceding 2 years for each of the procedures described in paragraph (2). ``(2) Procedures described.--The procedures described in this paragraph are the 50 most common diagnosis-related groups and ambulatory payment classification groups for which payment is made under this title, as determined by the Secretary based on claims data, in both the inpatient and outpatient settings. ``(3) Transparency.-- ``(A) In general.--In order to be beneficial to consumers, the reporting of data under this subsection shall be done in a manner that is transparent to the general public. ``(B) Public availability of information.--The Secretary shall post data submitted under paragraph (1) on a publicly accessible and searchable Internet website in a form and manner that-- ``(i) allows for meaningful comparisons of hospital collections and related policies by zip code; and ``(ii) is readily understandable by a typical consumer. ``(C) Linking of data.--A subsection (d) hospital shall include a link to the data posted under subparagraph (B) on the home Internet website of the hospital.''. (b) Effective Date.--The amendments made by this section shall apply to contracts entered into, or renewed, on or after the date of the enactment of this Act. SEC. 3. INCLUSION OF INFORMATION ON CHARITY CARE FURNISHED BY HOSPITALS IN MEDPAC'S ANNUAL REPORT. Each annual report submitted to Congress after the date of the enactment of this Act by the Medicare Payment Advisory Commission under section 1805 of the Social Security Act (42 U.S.C. 1395b-6) shall contain information on the percentage that charity care makes up of the total care furnished by hospitals and critical access hospitals. SEC. 4. PUBLIC AVAILABILITY OF REPORT ON TRENDS IN LEVELS OF CHARITY CARE PROVIDED BY CERTAIN HOSPITALS. (a) Posting of Data.--Section 9007(e)(2) of the Patient Protection and Affordable Care Act (Public Law 111-148; 124 Stat. 858) is amended by adding at the end the following new subparagraph: ``(C) Public availability.--The Secretary of the Treasury, in consultation with the Secretary of Health and Human Services, shall post the data contained in the report under subparagraph (B) on a publicly accessible and searchable website that-- ``(i) allows for meaningful comparisons of the data by zip code; and ``(ii) is readily understandable by a typical consumer.''. (b) Medicare Requirement for Hospitals To Provide a Link to the Data on the Hospital's Home Webpage.-- (1) In general.--Section 1866(a)(1) of the Social Security Act (42 U.S.C. 1395cc(a)(1)), as amended by section 2, is amended-- (A) in subparagraph (X), by striking ``and'' at the end; (B) in subparagraph (Y), by striking the period at the end and inserting ``, and''; and (C) by inserting after subparagraph (Y) the following new subparagraph: ``(Z) in the case of hospitals and critical access hospitals, to include a link on the home Internet website of the hospital or critical access hospital to the data posted under section 9007(e)(2)(C) of the Patient Protection and Affordable Care Act.''. (2) Effective date.--The amendments made by paragraph (1) shall apply to contracts entered into, or renewed, on or after the date of the enactment of this Act.

Summary: Consumer Learning through Electronically-Accessible and Reasonable Cost Information Act of 2013 [sic] or CLEAR Cost Information Act of 2013 [sic] - Amends title XVIII (Medicare) of the Social Security Act (SSA) to require service providers, in order to be qualified to participate and receive Medicare payments under any agreement filed with the Secretary of Health and Human Services (HHS), to report to the Secretary payment data on "subsection (d) hospitals." (Generally, a subsection (d) hospital is an acute care hospital, particularly one that receives payments under Medicare's inpatient prospective payment system when providing covered inpatient services to eligible beneficiaries.) Requires a subsection (d) hospital to submit to the Secretary data on the actual amounts it has collected from uninsured and insured patients over the preceding two years for each of the 50 most common diagnosis-related groups and ambulatory payment classification groups for which payment is made in both the inpatient and outpatient settings. Requires each annual report submitted to Congress by the Medicare Payment Advisory Commission (MEDPAC) to contain information on the percentage that charity care makes up of the total care furnished by hospitals and critical access hospitals. Amends the Patient Protection and Affordable Care Act to require the Secretary of the Treasury to post data on trends in the levels of charity care provided by certain hospitals on a publicly accessible and searchable website. Amends SSA title XVIII to require hospitals and critical access hospitals to include a link to such data on their home Internet websites.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Coral Reef Resource Conservation and Management Act of 1999''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) coral reefs have great commercial, recreational, cultural, environmental, and aesthetic value; (2) coral reefs-- (A) provide habitat to \1/3\ of all marine fish species; (B) are essential building blocks for biodiversity; (C) are instrumental in forming tropical islands; (D) protect coasts from waves and storms; (E) contain an array of potential pharmaceuticals; and (F) support tourism and fishing industries in the United States worth billions of dollars; (3) studies indicate that coral reefs in the United States and around the world are being degraded and severely threatened by human and environmental impacts, including land-based pollution, overfishing, destructive fishing practices, vessel groundings, and climate change; (4) the Department of the Interior-- (A) manages extensive acreage that contains sensitive coral reef habitat and adjacent submerged land at 20 national wildlife refuges and 9 units of the National Park System-- (i) in the States of Hawaii and Florida; and (ii) in the territories of Guam, American Samoa, and the United States Virgin Islands; and (B) maintains oversight responsibility for additional significant coral reef resources under Federal jurisdiction in insular areas, territories, and surrounding territorial waters in the Pacific Ocean and Caribbean Sea; (5) few of the 4,200,000 acres of coral reefs of the United States have been mapped or have had their conditions assessed or characterized; (6) the Department of the Interior conducts scientific research and monitoring to determine the structure, function, status, and condition of the coral reefs of the United States; and (7) the Department of the Interior, in cooperation with public and private partners, provides technical assistance and engages in management and conservation activities for coral reef habitats. (b) Purposes.--The purposes of this Act are-- (1) to conserve, protect, and restore the health of coral reef ecosystems and the species of fish, plants, and animals that depend on those ecosystems; (2) to support the monitoring, assessment, management, and protection of coral reef ecosystems over which the United States has jurisdiction (including coral reef ecosystems located in national wildlife refuges and units of the National Park System); (3) to augment and support the efforts of the Department of the Interior, the National Oceanic and Atmospheric Administration, and other members of the Coral Reef Task Force; (4) to support research efforts that contribute to coral reef conservation; (5) to support education, outreach, and enforcement for coral reef conservation; (6) to provide financial resources and matching funds for partnership efforts to accomplish the purposes described in paragraphs (1) through (4); and (7) to coordinate with the Coral Reef Task Force and other agencies to address priorities identified by the Coral Reef Task Force. SEC. 3. DEFINITIONS. In this Act: (1) Coral.--The term ``coral'' means any species of the phylum Cnidaria, including-- (A) any species of the order Antipatharia (black corals), Scleractinia (stony corals), Gorgonacea (horny corals), Stolonifera (organpipe corals and others), Alcyanacea (soft corals), or Coenothecalia (blue corals), of the class Anthozoa; and (B) any species of the order Hydrocorallina (fire corals and hydrocorals) of the class Hydrozoa. (2) Coral reef.--The term ``coral reef'' means the species (including reef plants and coralline algae), habitats, and other natural resources associated with any reef or shoal composed primarily of corals within all maritime areas and zones subject to the jurisdiction of the United States, including Federal, State, territorial, or commonwealth waters in the south Atlantic, the Caribbean, the Gulf of Mexico, and the Pacific Ocean. (3) Coral reef conservation project.--The term ``coral reef conservation project'' means an activity that contributes to or results in preserving, sustaining, or enhancing any coral reef ecosystem as a healthy, diverse, and viable ecosystem, including-- (A) any action to enhance or improve resource management of a coral reef, such as assessment, scientific research, protection, restoration and mapping; (B) habitat monitoring and any species survey or monitoring of a species; (C) any activity necessary for planning and development of a strategy for coral reef management; (D) community outreach and education on the importance and conservation of coral reefs; and (E) any activity in support of the enforcement of laws relating to coral reefs. (4) Coral reef task force.--The term ``Coral Reef Task Force'' means the task force established under Executive Order No. 13089 (June 11, 1998). (5) Foundation.--The term ``foundation'' means a foundation that is a registered nonprofit organization under section 501(c) of the Internal Revenue Code of 1986. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (7) State.--The term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Mariana Islands, or any other territory or possession of the United States. SEC. 4. CORAL REEF RESOURCE CONSERVATION GRANT PROGRAM. (a) In General.--The Secretary shall provide grants for coral reef conservation projects in accordance with this section. (b) Eligibility.--The Secretary may award a grant under this section to-- (1) any appropriate natural resource management authority of a State-- (A) that has jurisdiction over coral reefs; or (B) the activities of which affect coral reefs; or (2) any educational or nongovernmental institution or organization with demonstrated expertise in marine science or coral reef conservation. (c) Matching Requirements.-- (1) Federal share.--Except as provided in paragraph (3), the Federal share of the cost of a coral reef conservation project that receives a grant under this section shall not exceed 75 percent of the total cost of the project. (2) Non-federal share.--The non-Federal share of the cost of a coral reef conservation project that receives a grant under this section may be provided in cash or in kind. (3) Waiver.--The Secretary may waive all or part of the matching requirement under paragraph (1) if-- (A) the cost of the project is $25,000 or less; or (B) the project is necessary to undertake, complete, or enhance planning and monitoring requirements for coral reef areas under-- (i) the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.); or (ii) the Act entitled ``An Act to establish a National Park Service, and for other purposes'', approved August 25, 1916 (16 U.S.C. 1 et seq.). (d) Allocation.--The Secretary shall award grants under this section so that-- (1) not less than 40 percent of the grant funds available are awarded for coral reef conservation projects in the Pacific Ocean; (2) not less than 40 percent of the grant funds available are awarded for coral reef conservation projects in the Atlantic Ocean, the Gulf of Mexico, and the Caribbean Sea; and (3) the remaining grant funds are awarded for coral reef conservation projects that address emergency priorities or threats identified by the Secretary, in consultation with the Coral Reef Task Force. (e) Annual Funding Priorities.--After consultation with the Coral Reef Task Force, States, regional and local entities, and nongovernmental organizations involved in coral and marine conservation, the Secretary shall identify site-specific and comprehensive threats and constraints that-- (1) are known to affect coral reef ecosystems (including coral reef ecosystems in national wildlife refuges and units of the National Park System); and (2) shall be considered in establishing annual funding priorities for grants awarded under this subsection. (f) Project Review and Approval.-- (1) In general.--The Secretary shall review and rank coral reef conservation project proposals according to the criteria described in subsection (g). (2) Peer review.-- (A) In general.--For projects that have a cost of $25,000 or more, the Secretary shall-- (i) provide for merit-based peer review of the proposal; and (ii) require standardized documentation of the peer review. (B) Expedited process.--For projects that have a cost of less than $25,000, the Secretary shall provide an expedited peer review process. (C) Individual grants.--As part of the peer review process for individual grants, the Secretary shall request written comments from the appropriate bureaus or departments of the State or other government having jurisdiction over the area where the project is proposed to be conducted. (3) List.--At the beginning of each fiscal year, the Secretary shall make available a list describing projects selected during the previous fiscal year for funding under subsection (g). (g) Project Approval Criteria.--The Secretary shall evaluate and select project proposals for funding based on the degree to which each proposed project-- (1) is consistent with the purposes of this Act; and (2) would-- (A) promote the long-term protection, conservation, restoration, or enhancement of coral reef ecosystems in or adjoining areas under the jurisdiction of the Department of the Interior; (B) promote cooperative conservation projects with local communities, nongovernmental organizations, educational or private institutions, affected local governments, territories, or insular areas; (C) enhance public knowledge and awareness of coral reef resources and sustainable use through education and outreach; (D) develop sound scientific information on the condition of and threats to coral reef ecosystems through mapping, monitoring, research and analysis; and (E) increase compliance with laws relating to coral reefs. (h) Regulations.-- (1) In general.--Except as provided in paragraph (2), not later than 90 days after the date of enactment of this Act, the Secretary shall promulgate regulations to implement this Act. (2) Project approval.--Not later than 180 days after the date of enactment of this Act, the Secretary shall promulgate regulations to implement subsection (f), including requirements for project proposals. (3) Consultation.--In developing regulations under this subsection, the Secretary shall identify priorities for coral reef resource protection and conservation in consultation with agencies and organizations involved in coral and marine conservation, including-- (A) the Coral Reef Task Force; (B) interested States; (C) regional and local entities; and (D) nongovernmental organizations. (i) Administration.-- (1) Foundation involvement.-- (A) Agreements.--The Secretary may enter into an agreement with 1 or more foundations to accept, receive, hold, transfer, solicit, and administer funds received or made available for a grant program under this Act (including funds received in the form of a gift or donation). (B) Funds.--A foundation that enters into an agreement described in subparagraph (A) shall-- (i) invest, reinvest, and otherwise administer funds described in subparagraph (A); and (ii) maintain the funds and any interest or revenues earned in a separate interest-bearing account that is-- (I)(aa) an insured depository institution, as the term is defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); or (bb) an insured credit union, as the term is defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752); and (II) established by the foundation solely to support partnerships between the public and private sectors that further the purposes of this Act. (2) Review of performance.-- (A) In general.--Beginning in fiscal year 2000, and biennially thereafter, the Secretary shall conduct a review of each grant program administered by a foundation under this subsection. (B) Assessment.--Each review under subparagraph (A) shall include a written assessment describing the extent to which the foundation has implemented the goals and requirements of this section. (j) Transfers.-- (1) In general.--Under an agreement entered into under subsection (i)(1)(A), the Secretary may transfer funds appropriated under section 5(b) to a foundation. (2) Use of transferred funds.--Amounts received by a foundation under this subsection may be used for matching, in whole or in part, contributions (whether in currency, services, or property) made to the foundation by private persons and State and local government agencies. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act $20,000,000 for each of fiscal years 2000 through 2004, to remain available until expended. (b) Limitation on Administrative Funds.--Not more than 6 percent of the amounts appropriated under this section may be used for program management and administration under this Act.

Summary: Limits the Federal share of project costs to 75 percent. Waives the matching requirement if the cost of the project is $25,000 or less or the project is necessary to undertake planning and monitoring requirements for coral reef areas under specified Federal laws. Allocates 40 percent of grant awards for projects in the Pacific Ocean, 40 percent for projects in the Atlantic Ocean, Gulf of Mexico, and the Caribbean Sea, and the remainder for projects that address emergency priorities or threats. Sets forth procedures for project review and approval. Authorizes appropriations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Communities Committed to College Tax Credit Act of 2008''. SEC. 2. CREDIT FOR CONTRIBUTIONS TO A TRUST USED TO PROVIDE NEED-BASED COLLEGE SCHOLARSHIPS. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to other credits) is amended by adding at the end the following new section: ``SEC. 30D. CONTRIBUTIONS TO TRUST USED TO PROVIDE NEED-BASED COLLEGE SCHOLARSHIPS. ``(a) Allowance of Credit.--In addition to any deduction allowable under this title, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 50 percent of designated qualified college scholarship funding contributions made by the taxpayer during the taxable year. ``(b) Designated Qualified College Scholarship Funding Contribution.--For purposes of this section-- ``(1) In general.--The term `designated qualified college scholarship funding contribution' means any charitable contribution (as defined in section 170(c))-- ``(A) which is paid in cash by the taxpayer to a qualified scholarship funding trust, and ``(B) which is designated by the trust for purposes of this section. ``(2) Qualified scholarship funding trust.--The term `qualified scholarship funding trust' means a trust-- ``(A) which is established and maintained in the United States by an organization-- ``(i) described in section 501(c)(3) and exempt from tax under section 501(a), and ``(ii) organized primarily for educational purposes, ``(B) which is part of a plan of one or more local education agencies (as defined in section 9101 of the Elementary and Secondary Education Act of 1965) of the State in which such trust is established and maintained to provide scholarships to children of such agencies, and ``(C) the written governing instrument of which-- ``(i) requires that the income of the trust be used exclusively to provide qualified scholarships (as defined in section 117(b)) to individuals who-- ``(I) are candidates for a degree at an institution of higher education (within the meaning given such term by section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), and ``(II) have demonstrated financial need in accordance with section 471 of such Act (20 U.S.C. 1087kk), and ``(ii) requires that the assets of the trust not be distributed for any purpose. ``(c) Limitations.-- ``(1) In general.--There is a national qualified college scholarship funding contribution limitation of $1,000,000,000. ``(2) Allocation of limitation.-- ``(A) In general.--Such national limitation shall be allocated by the Secretary among the qualified scholarship funding trusts which have registered with the Secretary on or before the 180th day after the date of the enactment of this section. Each trust's share of such national limitation shall be the amount which bears the same ratio to such limitation as the number of school age children of such trust's sponsoring agencies bears to the aggregate number of school age children of the sponsoring agencies of all trusts which have so registered with the Secretary. ``(B) School age children of sponsoring agencies.-- For purposes of subparagraph (A), the number of school age children of a trust's sponsoring agencies is the number of children of the local education agencies referred to in subsection (b)(2)(B) who have attained age 5 but not age 18 for the most recent fiscal year ending before the date the allocations under this paragraph are made. ``(3) Designation subject to allocated limitation amount.-- The amount of contributions made to a qualified scholarship funding trust which may be designated by such trust for purposes of this section shall not exceed the limitation amount allocated to such trust under paragraph (2). ``(4) Maximum allocation per trust.--The maximum qualified college scholarship funding contribution limitation which may be allocated to each trust is $200,000,000. An amount which may not be allocated to a trust by reason of the preceding sentence shall be allocated as provided in paragraph (2) among registered qualified scholarship funding trusts whose allocated limitation (without regard to this sentence) does not exceed $200,000,000. ``(d) Application With Other Credits.--The credit allowed under subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(1) the regular tax liability (as defined in section 26(b)) reduced by the sum of the credits allowable under subpart A and sections 27, 30, 30B, and 30C, over ``(2) the tentative minimum tax for the taxable year. ``(e) Application of Section.--This section shall apply only to contributions made during the 3-year period beginning on the 180th day after the date of the enactment of this section.''. (b) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 30D. Contributions to trust used to provide need-based college scholarships.''. (c) Effective Date.--The amendments made by this section shall apply to contributions made on or after the 180th day after the date of the enactment of this Act in taxable years ending after such date.

Summary: Communities Committed to College Tax Credit Act of 2008 - Amends the Internal Revenue Code to allow a tax credit for 50% of any contribution to a tax-exempt scholarship funding trust established to provide scholarships for individuals with demonstrated financial need to attend institutions of higher education.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Alaska Peninsula Subsurface Consolidation Act of 1993''. SEC. 2. DEFINITIONS. As used in this Act: (1) Agency.--The term agency-- (A) means-- (i) any instrumentality of the United States; and (ii) any Government corporation (as defined in section 9101(1) of title 31, United States Code); and (B) includes any element of an agency. (2) Alaska native corporation.--The term ``Alaska Native Corporation'' has the same meaning as is provided for ``Native Corporation'' in section 3(m) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(m)). (3) Koniag.--The term ``Koniag'' means Koniag, Incorporated, which is a Regional Corporation. (4) Koniag account.--The term ``Koniag Account'' means the account established under section 4. (5) Property.--The term ``property'' has the same meaning as is provided in section 12(b)(7)(vii) of Public Law 94-204 (43 U.S.C. 1611 note). (6) Regional corporation.--The term ``Regional Corporation'' has the same meaning as is provided in section 3(g) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(g)). (7) Secretary.--Except as otherwise provided, the term ``Secretary'' means the Secretary of the Interior. (8) Selection rights.--The term ``selection rights'' means those rights granted to Koniag, pursuant to subsections (a) and (b) of section 12, and section 14(h)(8), of the Alaska Native Claims Settlement Act (43 U.S.C. 1611 and 1613(h)(8)), to receive title to the oil and gas rights and other interests in the subsurface estate of the approximately 275,000 acres of public lands in the State of Alaska identified as ``Koniag Selections'' on the map entitled ``Koniag Interest Lands, Alaska Peninsula'', dated May 1989. SEC. 3. ACQUISITION OF KONIAG SELECTION RIGHTS. -(-a-) -I-n -G-e-n-e-r-a-l-.-- -(-1-) -T-e-n-d-e-r -o-f -r-e-l-i-n-q-u-i-s-h-m-e-n-t -a-n-d -a-c-c-e-p-t-a-n-c-e-.----I-f -t-h-e -S-e-c-r-e-t-a-r-y -r-e-c-e-i-v-e-s -f-r-o-m -K-o-n-i-a-g -a -t-i-m-e-l-y -t-e-n-d-e-r -o-f -r-e-l-i-n-q-u-i-s-h-m-e-n-t -o-f -t-h-e -s-e-l-e-c-t-i-o-n -r-i-g-h-t-s-, -t-h-e -S-e-c-r-e-t-a-r-y -s-h-a-l-l--- -(-A-) -a-c-c-e-p-t -t-h-e -t-e-n-d-e-r -n-o-t -l-a-t-e-r -t-h-a-n -6-0 -d-a-y-s -a-f-t-e-r -t-h-e -d-a-t-e -o-f -t-h-e -r-e-c-e-i-p-t -o-f -t-h-e -t-e-n-d-e-r-; -a-n-d -(-B-) -n-o-t-i-f-y -t-h-e -S-e-c-r-e-t-a-r-y -o-f -t-h-e -T-r-e-a-s-u-r-y -o-f -t-h-e -a-c-c-e-p-t-a-n-c-e -o-f -t-h-e -t-e-n-d-e-r-. -(-2-) -T-i-m-e-l-i-n-e-s-s-.--- -(-A-) -I-n -g-e-n-e-r-a-l-.----F-o-r -t-h-e -p-u-r-p-o-s-e -o-f -p-a-r-a-g-r-a-p-h -(-1-) -a-n-d -s-u-b-j-e-c-t -t-o -s-u-b-p-a-r-a-g-r-a-p-h -(-B-)-, -a -t-e-n-d-e-r -b-y -K-o-n-i-a-g -s-h-a-l-l -b-e -t-i-m-e-l-y -i-f -t-h-e -t-e-n-d-e-r -i-s -r-e-c-e-i-v-e-d -b-y -t-h-e -S-e-c-r-e-t-a-r-y -n-o-t -l-a-t-e-r -t-h-a-n -1-8-0 -d-a-y-s -a-f-t-e-r -t-h-e -l-a-t-e-r -o-f--- -(-i-) -t-h-e -d-a-t-e -o-f -t-h-e -r-e-c-e-i-p-t -b-y -K-o-n-i-a-g -o-f -t-h-e -d-e-t-e-r-m-i-n-a-t-i-o-n -b-y -t-h-e -S-e-c-r-e-t-a-r-y -o-f -t-h-e -v-a-l-u-e -o-f -t-h-e -s-e-l-e-c-t-i-o-n -r-i-g-h-t-s -p-u-r-s-u-a-n-t -t-o -s-u-b-s-e-c-t-i-o-n -(-b-)-; -o-r -(-i-i-) -t-h-e -d-a-t-e -o-f -t-h-e -f-i-n-a-l -r-e-s-o-l-u-t-i-o-n -o-f -a-n-y -d-i-s-p-u-t-e -r-e-g-a-r-d-i-n-g -t-h-e -v-a-l-u-e -o-f -t-h-e -s-e-l-e-c-t-i-o-n -r-i-g-h-t-s -u-n-d-e-r -s-u-b-s-e-c-t-i-o-n -(-b-)-. -(-B-) -M-o-d-i-f-i-c-a-t-i-o-n-.----T-h-e -S-e-c-r-e-t-a-r-y -a-n-d -K-o-n-i-a-g -m-a-y -a-g-r-e-e -t-o -m-o-d-i-f-y -t-h-e -d-e-a-d-l-i-n-e -e-s-t-a-b-l-i-s-h-e-d -u-n-d-e-r -s-u-b-p-a-r-a-g-r-a-p-h -(-A-)-. (a) The Secretary shall determine, pursuant to subsection (b) hereof, the value of Selection Rights which Koniag possesses within the boundaries of Aniakchak National Monument and Preserve, Alaska Peninsula National Wildlife Refuge, and Becharof National Wildlife Refuge. (b) Value.-- (1) In general.--The value of the selection rights shall be equal to the fair market value of-- (A) the oil and gas interests in the lands or interests in lands that are the subject of the selection rights; and (B) in the case of the lands or interests in lands for which Koniag is to receive the entire subsurface estate, the subsurface estate of the lands or interests in lands that are the subject of the selection rights. (2) Appraisal.-- (A) Selection of appraiser.-- (i) In general.--Not later than 90 days after the date of enactment of this Act, the Secretary and Koniag shall meet to select a qualified appraiser to conduct an appraisal of the selection rights. Subject to clause (ii), the appraiser shall be selected by the mutual agreement of the Secretary and Koniag. (ii) Failure to agree.--If the Secretary and Koniag fail to agree on an appraiser by the date that is 60 days after the date of the initial meeting referred to in clause (i), the Secretary and Koniag shall, by the date that is not later than 90 days after the date of the initial meeting, each designate an appraiser who is qualified to perform the appraisal. The 2 appraisers so identified shall select a third qualified appraiser who shall perform the appraisal. (B) Standards and methodology.--The appraisal shall-- (i) be conducted in conformity with the standards of the Appraisal Foundation (as defined in section 1121(9) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 3350(9)); and -(-i-i-) -u-t-i-l-i-z-e -t-h-e -m-e-t-h-o-d-o-l-o-g-y -c-u-s-t-o-m-a-r-i-l-y -u-s-e-d -b-y -t-h-e -M-i-n-e-r-a-l-s -M-a-n-a-g-e-m-e-n-t -S-e-r-v-i-c-e -o-f -t-h-e -D-e-p-a-r-t-m-e-n-t -o-f -t-h-e -I-n-t-e-r-i-o-r-. (ii) utilize risk adjusted discounted cash flow methodology. (C) Submission of appraisal report.--Not later than 180 days after the selection of an appraiser pursuant to subparagraph (A), the appraiser shall submit to the Secretary and to Koniag a written appraisal report specifying the value of the selection rights and the methodology used to arrive at the value. (3) Determination of value.-- (A) Determination by the secretary.--Not later than 60 days after the date of the receipt of the appraisal report under paragraph (2)(C), the Secretary shall determine the value of the selection rights and shall notify Koniag of the determination. (B) Alternative determination of value.-- (i) In general.--Subject to clause (ii), if Koniag does not agree with the value determined by the Secretary under subparagraph (A), the procedures specified in section 206(d) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(d)) shall be used to establish the value. (ii) Average value limitation.--The average value per acre of the selection rights shall not be more than $300. -S-E-C-. -4-. -K-O-N-I-A-G -A-C-C-O-U-N-T-. -(-a-) -E-s-t-a-b-l-i-s-h-m-e-n-t-.-- -(-1-) -I-n -g-e-n-e-r-a-l-.----I-f -t-h-e -S-e-c-r-e-t-a-r-y -o-f -t-h-e -T-r-e-a-s-u-r-y -i-s -n-o-t-i-f-i-e-d -p-u-r-s-u-a-n-t -t-o -s-e-c-t-i-o-n -3-(-a-)-(-1-)-(-B-)-, -o-n -O-c-t-o-b-e-r -1-, -1-9-9-7-, -t-h-e -S-e-c-r-e-t-a-r-y -o-f -t-h-e -T-r-e-a-s-u-r-y-, -i-n -c-o-n-s-u-l-t-a-t-i-o-n -w-i-t-h -t-h-e -S-e-c-r-e-t-a-r-y-, -s-h-a-l-l -e-s-t-a-b-l-i-s-h -i-n -t-h-e -T-r-e-a-s-u-r-y -o-f -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s -a-n -a-c-c-o-u-n-t -t-o -b-e -k-n-o-w-n -a-s -t-h-e -`-`-K-o-n-i-a-g -A-c-c-o-u-n-t-'-'-. -(-2-) -I-n-i-t-i-a-l -b-a-l-a-n-c-e-.----T-h-e -i-n-i-t-i-a-l -b-a-l-a-n-c-e -o-f -t-h-e -K-o-n-i-a-g -A-c-c-o-u-n-t -s-h-a-l-l -b-e -e-q-u-a-l -t-o -t-h-e -v-a-l-u-e -o-f -t-h-e -s-e-l-e-c-t-i-o-n -r-i-g-h-t-s -a-s -d-e-t-e-r-m-i-n-e-d -p-u-r-s-u-a-n-t -t-o -s-e-c-t-i-o-n -3-(-b-)-. SEC. 4. KONIAG ACCOUNT. (a) In General.-- (1) The Secretary shall enter into negotiations for an agreement or agreements to exchange Federal lands or interests therein which are in the State of Alaska for the Koniag Selection Rights referred to in section 3. (2) If the value of the Federal lands to be exchanged is less than the value of the Koniag Selection Rights established in section 3, then the Secretary may exchange the Federal lands for an equivalent portion of the Koniag Selection Rights. The remaining selection rights shall remain available for additional exchanges. (3) For purposes of this section, the term ``Federal lands'' means lands or interests therein located in Alaska, administered by the Secretary and the title to which is in the United States but excluding all lands and interests therein which are located within a conservation system unit as defined in the Alaska National Interest Lands Conservation Act section 102(4). (b) Account.-- (1) In general.--With respect to any Koniag Selection Rights for which an exchange has not been completed by October 1, 2004 (hereafter in this section referred to as ``remaining selection rights''), the Secretary of the Treasury, in consultation with the Secretary, shall, notwithstanding any other provision of law, establish in the Treasury of the United States, an account to be known as the Koniag Account. Upon the relinquishment of the remaining selection rights to the United States, the Secretary shall credit the Koniag Account in the amount of the appraised value of the remaining selection rights. (2) Initial balance.--The initial balance of the Koniag Account shall be equal to the value of the selection rights as determined pursuant to section 3(b). (3) Use of account.-- (A) In general.--Amounts in the Koniag Account shall-- (i) be made available by the Secretary of the Treasury to Koniag for bidding on and purchasing property sold at public sale, subject to the conditions described in this paragraph; and (ii) remain available until expended. (B) Assignment.-- (i) In general.--Subject to clause (ii) and notwithstanding any other provision of law, the right to request the Secretary of the Treasury to withdraw funds from the Koniag Account shall be assignable in whole or in part by Koniag. (ii) Notice of assignment.--No assignment shall be recognized by the Secretary of the Treasury until Koniag files written notice of the assignment with the Secretary of the Treasury and the Secretary. (C) Bidding and purchasing.-- (i) In general.--Koniag may use the Koniag Account to-- (I) bid, in the same manner as any other bidder, for any property at any public sale by an agency; and (II) purchase the property in accordance with applicable laws, including the regulations of the agency offering the property for sale. (ii) Requirements for agencies.--In conducting a transaction described in clause (i), an agency shall accept, in the same manner as cash, an amount tendered from the Koniag Account. (iii) Adjustment of balance.--The Secretary of the Treasury shall adjust the balance of the Koniag Account to reflect each transaction under clause (i). (4) Special procedures.--The Secretary of the Treasury, in consultation with the Secretary, shall establish procedures to permit the Koniag Account to-- (A) receive deposits; (B) make deposits into escrow when an escrow is required for the sale of any property; and (C) reinstate to the Koniag Account any unused escrow deposits if a sale is not consummated. -(-b-) (c) Treatment of Amounts From Account.--The Secretary of the Treasury shall-- (1) deem as a cash payment any amount tendered from the Koniag Account and received by an agency as a proceed from a public sale of property; and (2) make any transfer necessary to permit the agency to use the proceed in the event an agency is authorized by law to use the proceed for a specific purpose. -(-c-) (d) Requirement for the Administration of Sales.-- (1) In general.--Subject to paragraph (2), the Secretary of the Treasury and the heads of agencies shall administer sales described in subsection (a)(3)(C) in the same manner as is provided for any other Alaska Native Corporation that-- (A) is authorized by law as of the date of enactment of this Act; and (B) has an account similar to the Koniag Account for bidding on and purchasing property sold for public sale. (2) Prohibition.--Amounts in an account established for the benefit of a specific Alaska Native Corporation may not be used to satisfy the property purchase obligations of any other Alaska Native Corporation. -(-d-) -D-i-v-i-s-i-o-n -o-f -R-e-v-e-n-u-e-s-.----T-h-e -s-e-l-e-c-t-i-o-n -r-i-g-h-t-s -s-h-a-l-l -b-e -d-e-e-m-e-d -t-o -b-e -a-n -i-n-t-e-r-e-s-t -i-n -t-h-e -s-u-b-s-u-r-f-a-c-e -e-s-t-a-t-e -f-o-r -t-h-e -p-u-r-p-o-s-e -o-f -s-e-c-t-i-o-n -7-(-i-) -o-f -t-h-e -A-l-a-s-k-a -N-a-t-i-v-e -C-l-a-i-m-s -S-e-t-t-l-e-m-e-n-t -A-c-t -(-4-3 -U-.-S-.-C-. -1-6-0-6-(-i-)-)-. (e) Revenues.--The Koniag Account shall be deemed to be an interest in the subsurface for purposes of section 7(i) of the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.). SEC. 5. CERTAIN CONVEYANCES. (a) Interests in Land.--For the purpose of section 21(c) of the Alaska Native Claims Settlement Act (43 U.S.C. 1620(c)), the following shall be deemed to be an interest in land: (1) The establishment of the Koniag Account and the right of Koniag to request the Secretary of the Treasury to withdraw funds from the Koniag Account. (2) The receipt by a Settlement Trust (as defined in section 3(t) of such Act (43 U.S.C. 1602(t)) of a conveyance by Koniag of any right in the Koniag Account. (b) Authority to Appoint Trustees.--In establishing a Settlement Trust under section 39 of such Act (43 U.S.C. 1629e), Koniag may delegate the authority granted to Koniag under subsection (b)(2) of such section to any entity that Koniag may select without affecting the status of the Settlement Trust under this section. S 855 RS----2

Summary: Alaska Peninsula Subsurface Consolidation Act of 1993 - Directs the Secretary of the Interior to determine the value of rights granted to Koniag, Incorporated, purusant to the Alaska Native Claims Settlement Act to receive title to the oil and gas rights and other interests in the subsurface estate of specified public lands in Alaska (selection rights) which Koniag possesses within the boundaries of Aniakchak National Monument and Preserve, Alaska Peninsula National Wildlife Refuge, and Becharof National Wildlife Refuge. Specifies that the value of such rights shall be equal to the fair market value of: (1) the oil and gas interests in the lands that are the subject of the selection rights; and (2) in the case of the lands for which Koniag is to receive the entire subsurface estate, the subsurface estate of the lands that are the subject of such rights. Directs the Secretary and Koniag to meet to select a qualified appraiser to conduct an appraisal of the selection rights in conformity with the standards of the Appraisal Foundation of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, utilizing a risk adjusted discounted cash flow methodology. Sets forth provisions regarding: (1) submission of the appraisal report; (2) determination of the value of the selection rights; and (3) an alternative determination of value if Koniag disagrees with the value determined by the Secretary. Directs: (1) the Secretary to enter into negotiations for an agreement to exchange Federal lands in Alaska for the Koniag selection rights; and (2) the Secretary of the Treasury, regarding any such rights for which an exchange has not been completed by October 1, 2004, to establish within the Treasury the Koniag Account and, upon relinquishment of such remaining rights to the United States, to credit the Account in the amount of the appraised value of such rights. Requires the Secretary of the Treasury to make amounts in the Account available to Koniag for bidding on and purchasing property sold at public sale.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Clinical Trials Modernization Act of 2015''. SEC. 2. CLINICAL TRIAL MODERNIZATION. (a) Proposals for Use of Innovative Statistical Methods in Clinical Protocols for Drugs, Biological Products, and Devices.--Chapter V of the Federal Food, Drug, and Cosmetic Act is amended by inserting after section 506F (21 U.S.C. 356f) the following new section: ``SEC. 507. CLINICAL TRIAL MODERNIZATION. ``(a) In General.--To promote the efficiency of the development and regulatory review and approval, licensure, or clearance of drugs, biological products, and devices and the timely availability of innovative treatments, the Secretary shall, after providing notice and an opportunity for public comment, establish and implement a framework through which-- ``(1) sponsors of drugs, biological products, or devices may submit to the Secretary a proposal for the incorporation of adaptive trial designs, Bayesian methods, or other alternative statistical methods into proposed clinical protocols and marketing applications for drugs, biological products, or devices; and ``(2) the Secretary will commit to timelines for reviewing and providing feedback on proposals so submitted.''. (b) Guidance Addressing Use of Adaptive Trial Designs and Bayesian Methods.-- (1) In general.--The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs (in this subsection referred to as the ``Secretary''), shall-- (A) update and finalize the draft guidance addressing the use of adaptive trial design for drugs and biological products; and (B) issue draft guidance on the use of Bayesian methods in the development and regulatory review and approval, licensure, or clearance of drugs, biological products, and devices. (2) Contents.--The guidances under paragraph (1) shall-- (A) establish or clarify standards for using adaptive trial designs and Bayesian methods in clinical trials, including clinical trials that form the primary basis for approval, clearance, or licensure of the products involved (such as trials that provide substantial evidence for the approval of drugs); (B) establish a mechanism for sponsors to obtain feedback from the Secretary under section 507, as added by subsection (a), on technical issues related to modeling and simulations prior to-- (i) completion of such modeling or simulations; or (ii) the submission of resulting information to the Secretary; (C) specify the types of quantitative and qualitative information required for review; and (D) specify the recommended analysis methodology. (3) Public meeting.--Prior to updating or developing the guidances required by paragraph (1), the Secretary shall consult, through a public meeting to be held no later than 1 year after the date of enactment of this Act, with stakeholders including representatives of regulated industry, academia, patient advocacy organizations, and disease research foundations. (4) Schedule.--The Secretary shall, after providing notice and opportunity for public comment, publish-- (A) the final guidance required by paragraph (1)(A) not later than 6 months after the date of the public meeting required by paragraph (3); and (B) the guidance required by paragraph (1)(B) not later than 12 months after the date of the public meeting required by paragraph (3). (5) Review and revision of guidance documents.--Not later than 48 months after the date of enactment of this Act, the Secretary shall review and, as appropriate, revise the guidance documents required by subparagraphs (A) and (B) of paragraph (1) to reflect developments in statistical methods that could be appropriate for use in clinical trials, including clinical trials that-- (A) form the primary basis for approval, clearance, or licensure of drugs, biological products or devices; or (B) provide substantial evidence for the approval of drugs. SEC. 3. EVALUATIONS OF REQUIRED POSTAPPROVAL STUDIES AND CLINICAL TRIALS. (a) In General.--Section 505(o)(3) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(o)(3)) is amended by adding at the end the following new subparagraph: ``(G) Evaluations of required postapproval studies and clinical trials.-- ``(i) In general.--The Secretary shall establish a process under which the Secretary, on the initiative of the Secretary or at the request of a responsible person, shall periodically evaluate a postapproval study or clinical trial required to be conducted under this paragraph to determine whether-- ``(I) the trial or study is no longer scientifically warranted; or ``(II) the design, or the timelines applicable to the completion of, the study or trial should be renegotiated because of changes in medical practice or the standard of care. ``(ii) Not scientifically warranted.--In the case of a determination under clause (i)(I) that a postapproval study or clinical trial required to be conducted under this paragraph is no longer scientifically warranted, the Secretary shall no longer require the responsible person to conduct the study or trial. ``(iii) Renegotiation.--In the case of a determination under clause (i)(II) that the design, or the timelines applicable to the completion of, a postapproval study or clinical trial required to be conducted under this paragraph should be renegotiated, the Secretary shall enter into negotiations with the responsible person to make such changes as may be necessary to such design or timelines as the Secretary determines are necessary.''. (b) Guidance.--Not later than one year after the date of the enactment of this Act, the Secretary shall issue draft guidance on the implementation of subparagraph (G) of section 505(o)(3) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(o)(3)), as added by subsection (a). Not later than two years after such date of enactment, the Secretary shall issue final guidance on such implementation.

Summary: Clinical Trials Modernization Act of 2015 This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to allow sponsors of applications for new drugs, biological products, and medical devices to propose incorporation of alternative statistical methods, including adaptive trial design and Bayesian methods, into clinical trial protocols and marketing applications. The FDA is required to issue guidance that establishes or clarifies standards for using alternative statistical methods in clinical trials. The FDA must establish a process under which a post-approval study or clinical trial required by the FDA is periodically evaluated to determine whether the trial or study is no longer scientifically warranted or whether the design should be renegotiated because of changes in medical practice or the standard of care.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Home Health Equity Act of 1998''. SEC. 2. REVISION OF HOME HEALTH INTERIM PAYMENT FORMULA. (a) Restoration of Cost Limits.--Section 1861(v)(1)(L)(i)(IV) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)(i)(IV)) (as added by section 4602 of the Balanced Budget Act of 1997) is amended-- (1) by striking ``105 percent'' and inserting ``112 percent''; and (2) by striking ``median'' and inserting ``mean''. (b) Change in Additions to Cost Limits.--Section 1861(v)(1)(L)(v) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)(v)) (as added by section 4602 of the Balanced Budget Act of 1997) is amended to read as follows: ``(v)(I) For services furnished by home health agencies for cost reporting periods beginning on or after October 1, 1997, the Secretary shall provide for an interim system of limits. Payment shall not exceed the costs determined under the preceding provisions of this subparagraph or, if lower, the product of-- ``(aa) an agency-specific per beneficiary annual limitation calculated based 75 percent on the reasonable costs (including nonroutine medical supplies) of the standardized national average cost per patient in calendar year 1994, or best estimate thereof, (as published in the Health Care Financing Review Medicare and Medicaid 1997 Statistical Supplement) and based 25 percent on the reasonable costs (including nonroutine medical supplies) of the standardized regional average cost per patient for the agency's census division in calendar year 1995 (as so published), such national and regional costs updated by the home health market basket index and adjusted pursuant to clause (II); and ``(bb) the agency's unduplicated census count of patients (entitled to benefits under this title) for the cost reporting period subject to the limitation. ``(II) The labor-related portion of the updated national and regional costs described in subclause (I)(aa) shall be adjusted by the area wage index applicable under section 1886(d)(3)(E) for the area in which the agency is located (as determined without regard to any reclassification of the area under section 1886(d)(8)(B) or a decision of the Medicare Geographic Classification Review Board or the Secretary under section 1886(d)(10) for cost reporting periods beginning after October 1, 1995).''. (c) Conforming Amendments.-- (1) Section 1861(v)(1)(L)(vi) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)(vi)) (as added by section 4602 of the Balanced Budget Act of 1997) is amended to read as follows: ``(vi) In any case in which the Secretary determines that beneficiaries use services furnished by more than 1 home health agency for purposes of circumventing the per beneficiary annual limitation in clause (v), the per beneficiary limitations shall be prorated among the agencies.''. (2) Section 1861(v)(1)(L)(vii)(I) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)(vii)(I)) (as added by section 4602 of the Balanced Budget Act of 1997) is amended by striking ``clause (v)(I)'' and inserting ``clause (v)(I)(aa)''. (d) Effective Date.--The amendments made by this section shall apply as if included in the enactment of the Balanced Budget Act of 1997. SEC. 3. CBO ESTIMATE OF HOME HEALTH PAYMENT SAVINGS. (a) Estimate.--Not later than 60 days after the date of enactment of this Act, and annually thereafter until the prospective payment system for home health agencies established by section 1895 of the Social Security Act (42 U.S.C. 1395fff) is in effect, the Director of the Congressional Budget Office (referred to in this section as the ``Director'') shall estimate the amount of savings to the Medicare program under title XVIII of such Act (42 U.S.C. 1395 et seq.) resulting from the interim payment system for home health services established by the amendments to section 1861 of such Act (42 U.S.C. 1395x) made by section 4602 of the Balanced Budget Act of 1997. (b) Certification.--If the Director determines that the amount estimated under subsection (a) exceeds the amount of savings to the Medicare program that the Director estimated immediately prior to the enactment of the Balanced Budget Act of 1997 by reason of such interim payment system, then the Director shall certify such excess to the Secretary of Health and Human Services (referred to in this subsection as the ``Secretary''). (c) Adjustment.-- (1) In general.--If the Director certifies an amount to the Secretary pursuant to subsection (b), the Secretary shall prescribe rules under which appropriate adjustments are made to the amount of payments to home health agencies otherwise made under subparagraph (L) of section 1861(v)(1) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)) (as amended by section 4602 of the Balanced Budget Act of 1997) in the case of outliers-- (A) where events beyond the home health agency's control or extraordinary circumstances, including the case mix of such agency, create reasonable costs for a payment year which exceed the applicable payment limits; or (B) in any case not described in subparagraph (A) where the Secretary deems such an adjustment appropriate. (2) Amount.--The total amount of adjustments made under paragraph (2) for a year may not exceed the amount certified to the Secretary pursuant to subsection (b) for such year. To the extent that such adjustments in a year would otherwise exceed the amount certified to the Secretary pursuant to subsection (b) for such year, the Secretary shall reduce the payments to home health agencies in a pro rata manner so that the adjustments do not exceed such amount.

Summary: Medicare Home Health Equity Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Balanced Budget Act of 1997 (BBA), to: (1) restore the per visit cost limit to 112 percent of the mean (currently, 105 percent of the median) with regard to payments to home health agencies under Medicare; and (2) revise the interim payment system (IPS) for home health agency services. Directs the Director of the Congressional Budget Office to estimate annually the amount of savings to the Medicare program resulting from the IPS for home health agency services that was established by the BBA. Provides that, if the Director determines that the estimated amount exceeds the amount of savings to the Medicare program that the Director estimated immediately prior to enactment of the BBA by reason of such IPS, then the Director shall certify such excess to the Secretary of Health and Human Services. Requires the Secretary, in turn, when an excess is certified, to prescribe rules under which appropriate adjustments are made to the amount of payments to home health agencies in the case of outliers: (1) where events beyond the home health agency's control or extraordinary circumstances, including the agency's case mix, create reasonable costs for a payment year which exceed the applicable payment limits; or (2) in any other case where the Secretary deems such an adjustment appropriate.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Open Fuel Standard Act of 2009'' or the ``OFS Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) The status of oil as a strategic commodity, which derives from its domination of the transportation sector, presents a clear and present danger to the United States; (2) in a prior era, when salt was a strategic commodity, salt mines conferred national power and wars were fought over the control of such mines; (3) technology, in the form of electricity and refrigeration, decisively ended salt's monopoly of meat preservation and greatly reduced its strategic importance; (4) fuel competition and consumer choice would similarly serve to end oil's monopoly in the transportation sector and strip oil of its strategic status; (5) the current closed fuel market has allowed a cartel of petroleum exporting countries to inflate fuel prices, effectively imposing a harmful tax on the economy of the United States; (6) much of the inflated petroleum revenues the oil cartel earns at the expense of the people of the United States are used for purposes antithetical to the interests of the United States and its allies; (7) alcohol fuels, including ethanol and methanol, could potentially provide significant supplies of additional fuels that could be produced in the United States and in many other countries in the Western Hemisphere that are friendly to the United States; (8) alcohol fuels can only play a major role in securing the energy independence of the United States if a substantial portion of vehicles in the United States are capable of operating on such fuels; (9) it is not in the best interest of United States consumers or the United States Government to be constrained to depend solely upon petroleum resources for vehicle fuels if alcohol fuels are potentially available; (10) existing technology, in the form of flexible fuel vehicles, allows internal combustion engine cars and trucks to be produced at little or no additional cost, which are capable of operating on conventional gasoline, alcohol fuels, or any combination of such fuels, as availability or cost advantage dictates, providing a platform on which fuels can compete; (11) the necessary distribution system for such alcohol fuels will not be developed in the United States until a substantial fraction of the vehicles in the United States are capable of operating on such fuels; (12) the establishment of such a vehicle fleet and distribution system would provide a large market that would mobilize private resources to substantially advance the technology and expand the production of alcohol fuels in the United States and abroad; (13) the United States has an urgent national security interest to develop alcohol fuels technology, production, and distribution systems as rapidly as possible; (14) new cars sold in the United States that are equipped with an internal combustion engine should allow for fuel competition by being flexible fuel vehicles, and new diesel cars should be capable of operating on biodiesel; and (15) such an open fuel standard would help to protect the United States economy from high and volatile oil prices and from the threats caused by global instability, terrorism, and natural disaster. SEC. 3. OPEN FUEL STANDARD FOR TRANSPORTATION. Chapter 329 of title 49, United States Code, is amended by adding at the end the following: ``SEC. 32920. OPEN FUEL STANDARD FOR TRANSPORTATION. ``(a) Definitions.--In this section: ``(1) E85.--The term `E85' means a fuel mixture containing 85 percent ethanol and 15 percent gasoline by volume. ``(2) Flexible fuel automobile.--The term `flexible fuel automobile' means an automobile that has been warranted by its manufacturer to operate on gasoline, E85, and M85. ``(3) Fuel choice-enabling automobile.--The term `fuel choice-enabling automobile' means-- ``(A) a flexible fuel automobile; or ``(B) an automobile that has been warranted by its manufacturer to operate on biodiesel. ``(4) Light-duty automobile.--The term `light-duty automobile' means-- ``(A) a passenger automobile; or ``(B) a non-passenger automobile. ``(5) Light-duty automobile manufacturer's annual covered inventory.--The term `light-duty automobile manufacturer's annual covered inventory' means the number of light-duty automobiles powered by an internal combustion engine that a manufacturer, during a given calendar year, manufactures in the United States or imports from outside of the United States for sale in the United States. ``(6) M85.--The term `M85' means a fuel mixture containing 85 percent methanol and 15 percent gasoline by volume. ``(b) Open Fuel Standard for Transportation.-- ``(1) In general.--Except as provided in paragraph (2), each light-duty automobile manufacturer's annual covered inventory shall be comprised of-- ``(A) not less than 50 percent fuel choice-enabling automobiles in 2012, 2013, and 2014; and ``(B) not less than 80 percent fuel choice-enabling automobiles in 2015, and in each subsequent year. ``(2) Temporary exemption from requirements.-- ``(A) Application.--A manufacturer may request an exemption from the requirement described in paragraph (1) by submitting an application to the Secretary, at such time, in such manner, and containing such information as the Secretary may require by regulation. Each such application shall specify the models, lines, and types of automobiles affected. ``(B) Evaluation.--After evaluating an application received from a manufacturer, the Secretary may at any time, under such terms and conditions, and to such extent as the Secretary considers appropriate, temporarily exempt, or renew the exemption of, a light- duty automobile from the requirement described in paragraph (1) if the Secretary determines that unavoidable events that are not under the control of the manufacturer prevent the manufacturer of such automobile from meeting its required production volume of fuel choice-enabling automobiles, including-- ``(i) a disruption in the supply of any component required for compliance with the regulations; ``(ii) a disruption in the use and installation by the manufacturer of such component; or ``(iii) the failure for plug-in hybrid electric automobiles to meet State air quality requirements as a result of the requirement described in paragraph (1). ``(C) Consolidation.--The Secretary may consolidate applications received from multiple manufactures under subparagraph (A) if they are of a similar nature. ``(D) Conditions.--Any exemption granted under subparagraph (B) shall be conditioned upon the manufacturer's commitment to recall the exempted automobiles for installation of the omitted components within a reasonable time proposed by the manufacturer and approved by the Secretary after such components become available in sufficient quantities to satisfy both anticipated production and recall volume requirements. ``(E) Notice.--The Secretary shall publish in the Federal Register-- ``(i) notice of each application received from a manufacturer; ``(ii) notice of each decision to grant or deny a temporary exemption; and ``(iii) the reasons for granting or denying such exemptions. ``(c) Limited Liability Protection for Renewable Fuel and Ethanol Manufacture, Use, or Distribution.-- ``(1) In general.--Notwithstanding any other provision of Federal or State law, any fuel containing ethanol or a renewable fuel (as defined in section 211(o)(1) of the Clean Air Act) that is used or intended to be used to operate an internal combustion engine shall not be deemed to be a defective product or subject to a failure to warn due to such ethanol or renewable fuel content unless such fuel violates a control or prohibition imposed by the Administrator under section 211 of the Clean Air Act (42 U.S.C. 7545). ``(2) Savings provision.--Nothing in this subsection may be construed to affect the liability of any person other than liability based upon a claim of defective product and failure to warn described in paragraph (1). ``(d) Rulemaking.--Not later than 1 year after the date of the enactment of this section, the Secretary of Transportation shall promulgate regulations to carry out this section.''.

Summary: Open Fuel Standard Act of 2009 or the OFS Act - Requires each light-duty automobile manufacturer's annual covered inventory to comprise at least: (1) 50% fuel choice-enabling automobiles in years 2012-2014; and (2) 80% fuel choice-enabling automobiles in 2015, and in each subsequent year. Defines "fuel choice-enabling automobile" as: (1) a flexible fuel automobile capable of operating on gasoline, E85, and M85; or (2) an automobile capable of operating on biodiesel fuel. Authorizes a manufacturer to request an exemption from such requirement from the Secretary of Transportation. Extends limited liability protection to the use of fuel containing ethanol or renewable fuel in the operation of internal combustion engines by declaring that such fuel shall not be deemed to be a defective product or subject to a failure to warn due to such ethanol or renewable fuel content, unless it violates a control or prohibition imposed under the Clean Air Act.